HomeMy WebLinkAboutReso 95-002 - Approve Amendment 1 to agreement for Bodenhamer Blvd Impound acct between COR & R Thomas Fair & Maryann Fair RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AMENDMENT NO. 1 TO AGREEMENT FOR BODENHAMER BLVD.
IMPOUND ACCOUNT BETWEEN THE CITY OF REDDING AND R. THOMAS FAIR
AND MARYANN E. FAIR, AND AUTHORIZING THE MAYOR TO SIGN SAME.
BE IT RESOLVED by the City Council of the City of Redding as
follows:
1. That the City Council of the City of Redding hereby
approves the attached Amendment No. 1 to Agreement for Bodenhamer
Blvd. Impound Account between the City of Redding and R. Thomas
Fair and Maryann E. Fair; and
2. That the Mayor of the City of Redding is hereby authorized
and directed to sign said Amendment No. 1 to Agreement for
Bodenhamer Blvd. Impound Account on behalf of the City of Redding,
and the City Clerk is hereby authorized and directed to attest the
signature of the Mayor and to impress the official seal of the City
of Redding on the aforesaid Amendment, when appropriate.
3 . That a true copy of said Amendment No. 1 is attached
hereto and incorporated herein by reference.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 3rd day of January , 1994, and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge and R. Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Murray
C. ANDERSON, Mayor
City of Redding
AT EST:
CONNIE STROHMAYER, qty Clerk
yyi
FORM ;PPROVED:
'v
l�
DOM LAS CAL INS
Assistan City Attorney
Recording Requested by
CITY OF REDDING
Please Return to
City Clerk
City of Redding
760 Parkview Avenue
Redding, CA 96001
Documentary Transfer Tax: None
City of Redding EXEMPT
Rev. & Tax. C.A. §11922
NO FEE - CITY BUSINESS
Gov. Code §6103
A.P.
AMENDMENT NO. 1 TO
AGREEMENT FOR BODENHAMER BLVD. IMPOUND ACCOUNT
THIS AMENDMENT NO. 1, effective when approved by the City
Council and signed by all parties, is made and entered into by
and between the CITY OF REDDING, a Municipal Corporation,
hereinafter called "City, " and R. THOMAS FAIR and MARYANN E.
FAIR, hereinafter called "Developers" :
W I T N E S E T H:
WHEREAS, on June 5, 1990, City and Developers entered into
the attached Agreement for Bodenhamer Blvd. Impound Account
(Agreement) to assure an adequate amount of funding for the
remaining construction costs of Bodenhamer Boulevard; and
WHEREAS, under the terms of the Agreement, per-lot-fees are
to be paid into the Bodenhamer Blvd. Impound Account at the
Country National Bank in Redding, California, upon recordation of
individual lot sales, with the per-lot fee to be adjusted
annually; and
WHEREAS, Developers have requested City Council approval to
amending the Agreement to allow payment of the per-lot-fee to the
City with the issuance of each building permit, as set forth
below;
NOW, THEREFORE, it is agreed by and between the City and the
Developers as follows:
1. Condition 1 of the Agreement is repealed, and the following
condition 1 added:
(a) All monies presently held in the Bodenhamer Blvd.
Impound Account at the Country National Bank in
Redding, California, shall be released to the City
of Redding (City) for deposit into an account
entitled the Bodenhamer Blvd. Impound Account.
(b) For Units II and III , a fee of $3 ,603. 11 shall be
paid to the City at the time of issuance of each
building permit for a single-family residence.
These monies shall be placed in the City of
Redding Bodenhamer Blvd. Impound Account for the
sole purpose of completing the on-site
construction of Bodenhamer Boulevard within the
Hidden Hills Subdivision.
(c) The escrow instructions for the sale of each lot
shall require that the purchasers sign a statement
that they are aware of this fee obligation, and
the statement shall be recorded with the lot sale.
Noncompliance with this provision shall not
nullify the fee requirement.
2. Condition 2 of the Agreement is repealed, and the following
condition 2 added:
The per-lot-fee shall be adjusted annually beginning
with July 1, 1995, in accordance with the Construction
Cost Index as reported by the Engineering News Record
(ENR) .
3 . The last sentence of condition 4 of the Agreement is
repealed.
4. Condition 5 of the Agreement is repealed.
5. Condition 7 of the Agreement is repealed, and the following
condition 7 added:
Upon completion of Bodenhamer Blvd. and approval from
the City, the deposit of $3 ,603. 11 for any remaining
per-lot-fees in Units II and III shall be eliminated.
2
6. All other terms and conditions of the Agreement,
particularly the seven-year time frame referred to in
condition 3 , shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands
on the days and year set forth below.
CITY OF REDDING
Dated , 1994 By:
ROBERT C. ANDERSON, Mayor
Dated , 1994
R. THOMAS FAIR, Developer
Dated , 1994
MARYANN E. FAIR, Developer
ATTEST:
CONNIE STROHMAYER, City Clerk
APPROVED:
RANDALL A. HAYS, City Attorney
3
STATE OF CALIFORNIA )
ss
COUNTY OF SHASTA )
On 1994 , before me, ,
personally appeared ROBERT C. ANDERSON, known to me to be the
person whose name is subscribed to the within Amendment No. 1 to
Agreement for Bodenhamer Blvd. Impound Account, who acknowledged
to me that he executed the same in his authorized capacity as
Mayor; and that by his signature on the instrument, the City of
Redding, upon behalf of which he acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
My commission expires:
STATE OF CALIFORNIA )
ss
COUNTY OF )
On 1994, before me, ,
personally appeared R. THOMAS FAIR, personally known to me/proved
to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
WITNESS my hand and official seal.
Notary Public
My commission expires:
STATE OF CALIFORNIA )
ss
COUNTY OF )
On 1994 , before me, ,
personally appeared MARYANN E. FAIR, personally known to
me/proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument, and
acknowledged to me that she executed the same.
WITNESS my hand and official seal.
Notary Public
My commission expires:
4
• 28439 • T.,`.3 i C "i
• til.v'J is},. n`•�t�i:'�':��r
AGREEMENTFOR
CS L:.".:'e::::=•
AODENHAMER BLVD, IMPOUND ACCOUNT .City Cicfk. C;:1 d
We the undersigned agree to the following conditions in order to
assure an adequate amount of funding for the remaining construction
costs of Bodenhamer Blvd. , that remaining portion being described
in Condition 19 of the Conditions of Approval for the Hidden Hills
Subdivision (issued February 14, 1898 and amended May 8, 1990) .
Whereas R. Thomas and Maryann E. Fair ("Developer") will
construct the first section of Bodenhamer Blvd. in Unit I of the
Hidden Hills Subdivision, the remaining construction costs of said
roadway will be funded through the establishment of the Bodenhamer
Blvd. Impound Account. The following Conditions (1 through 7) will
apply to this Impound Account and shall be recorded on the Final
Maps for Units I, II and III and noted in the. Title Report in their
entirety.
CONDITIONS
1. In Units II and III, a deposit of $3,144 shall be paid
from escrow funds through Redding Title Company upon
recordation of individual lots sales. These deposits
shall be placed in an interest bearing money market
account (The Bodenhamer Blvd. Impound Account) with
Country National Bank, Redding, CA. This Bank agrees to
act as depository of the foregoing Impound Account upon
such terms as may be agreed upon.
2. The per-lot deposit shall be adjusted annually, beginning
with July 1, 1991, in accordance with the Construction
Cost Index as reported by the Engineering News Record
(ENR) .
3. The developer shall construct the remainder of Bodenhamer
Blvd. within the seven-year time frame as stated in
Condition 19 of the Conditions of Approval.
4. Following monthly inspections by the City, the developer
shall be reimbursed from the Bodenhamer Blvd. Impound
Account on a monthly basis for all current constructions
costs and fees to date relating to the completion of
Bodenhamer Blvd. All funds released by bank must have
prior written approval by the City of Redding.
5. Redding Title Company will make a monthly report to the
City of Redding regarding the status of the Bodenhamer
Blvd. Impound Account.
6. The Developer shall receive all excess funds and interest
from the Bodenhamer Blvd. Impound Account upon City
Approval of the completed roadway.
V
KTUM T'
RECOR00 DED AT
OFFICIAL RECORDS UR
CIN O
OF REDDING U1
760 Parkview Ave. •� min. past M SHASTA COUNTY.CAL
Redding, CA. 96001 DaJ Fee E
7 . Upon completion of Bodenhamer Blvd. and approval from the
city, the deposit of $3 , 144 for any remaining lot sales
in Units II and III shall be eliminated.
The City of Redding acknowledges and agrees that the
transactions contemplated by the provisions of this Agreement .
constitute full compliance with Condition 19 of the Conditions of
Approval for the Hidden Hills Subdivision.
The Developer:
By: Dated " el- 90
Mar E. air
By: _ Dated
R.Tliamas Fair _,,�,
City--of Redding
By: Dated
ayo4OL�
Approved As To Form
By: Dated 4-.5-- '90
ity Attorney
Attest
By: /Yf ��C'�^ Dated
City Clerk
Redd in Title Company
By; - Dated l
Title
Country National Bank
e 1�d
gY lf��11
: Art Dated 6
Title
socK26"14PAa 743
GENERAL ACKNOWLEDGMENT
State of California On this the 4 t day of June 19_9_O,More me,
SS.
County of Shasta B. J. Stading
the undersigned Notary Public,personally appeared
Maryann E. Fair
p personalty known to me
pAt 5 )(3 proved to me on the basis of satisfactory evidence
B.J. STADINC
S
NOT PUDXc- to be the person(s)whose names) is subscribed to the
she
ur Caa&E`wrK Way Wal within instrument,and acknowledged that executed it.
WITNESS m nd nd official seal.
Not s S'
ATTENTION NOTARY:Afthougn the information requested is OPTIONAL,it could prevent frauduten( , ctment of tMs cemficate to another doosnent.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above
1=01 wct,*L NOTARY ASSOOA K)N-6236 Pe Tvml A-o-P 0-Sot 7184•Canoga Park CA 91
ATTORNEY-IN-FACT ACKNOWLEDGMENT r
State of California On this the 19th day of June - 1990
SS. before me, the undersigned Notary Public, personally appeared
County of Shasta MARYANN E. FAIR (name of attorney in fact),
0 personally known to me
® proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
ilia,nn„„U,uu,1ut11111111t,,,N,11,,,,'tuI"uaq in fact of R. THOMAS FAIR (name of
Y. CREIGHTON person not appearing before Notary), the principal, and acknowledged to me
NOTARY PUBLIC-CALIFORNIA
= SHASTA COUNTY that she (he/she) subscribed the principars name thereto and
My comm expires June t 1,1993
oullu,uuuuunnunuuu,uu,,,,nun,uuu,H,d her (his/her) own name as attorney in fact.
WITNESS my hand and official seal.
C
Vh=C C%r%4 4
Notary Iignatur BOCK 0 PACE
7140 122 NATIONAL NOTARY ASSOCIATION-23012 Ventura Blvd.-P.O.Bot 4625-Woodt"Hills.C/
CUHF'UHATE ACKNOWLEDGMENT
alifornia
' I State of On titstne 31s try of may 19dQ.before me.
I SS.
.u,rryol Shasta B L—ItaAintz
If*un0ers9ned Notary Public.person,*appeared
Kathleen Dicker
s r3 personality known to me
J.STADING proved to me on the basis of satisfactory evidence
arn•r^^+ L"rn """
°
Cvuto be the persorys)who executed the wlttan nstnxnent as
ALC. ,IL .Wal 3knet Asst. Vice President mxbstntof the corporation therm
'turned.and acknowledged to me that the corporation executed A.
WTNESS my n a d offic,at seal.
Not s Sig e
9 ATTENTION NOTARY:Amlm ,me rtm*vwr+rewesleo oew a OPTIONAL a COLO ae.w%o-a"Wem a of To cenwiraie to wovw om�
JTF4S CERTFICATE Tale or Type of Doaxnent
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT Sgner(s)other Than Named Above
1'A0�9 M7l(,Ya�L NOURr tiS50Qa110N.
67f6 nen..wi Ae.P 0 90.r iM•Caruga 3'..:.(
STATE OF CALIFORNIA On this.........31st....day of.............1Say................,in the yea
JJ Ss ..19.9Q..........,before mt
COUNTY OF..... •• .... .. ..........perry.B.ueK..........a Notary Public,State of California
duly licensed and sworn,personally appeared............................... .
.................................Rob.Coghi 11..............................
personally known to me(or proved to me on the basis of satisfactory evidence
to be the person who executed the within instrument as...Asst...Vice.Prt
or on behalf of the corporation therein named and acknowledged to me tha
tA such corporation executed the within instrument pursuant to its by-laws or
am-
gp resolution of its board of directors.
IN WITLESS WHEREOF I have hereunto set my hand and affixe(
my official seal in the..State..of.Calif....,County of.....Shasta....
*...�......w.o...�•-•��•a•�.-���•
..................................onthe date set forth above inthiscertificate
y1•..�d w swv a r.w.•.ow,d M b+..•✓�z.�.vrcv.
Cowdery•s Form No.28—Acknowledgement to Notary Public— No Pub te,State of California
Corporation(C.C.Seo. 1190.1190.1)— Rev_ 1 931 My commission expires Tn 1 y 11, 1990
Attached to Agreement for BOdenhalTer Blvd. Dj XU
STATE OF CALIFORNIA ) Account ([hut I of Hidden Hills Subdivision)
ss
COUNTY OF SHASTA )
On this 18th day of June 1990," before me, ARLENE RILEY, a
Notary Public, duly commissioned and sworn, personally appeared
NANCY BUFFUM, who executed the within instrument, known to me to
be the Mayor of the CITY OF REDDING, the Municipal Corporation
described herein, and also known to me to be the person who
executed the within instrument on behalf of the Corporation
therein named, and acknowledged to me that such Corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
official seal in the County of Shas a the day and year in this
my
romy
icate fi v w tten.
OFFICIAL SEAL
ARLENE RILEY
Notary Pubrc-CaZfornitSMASTA COUNTY
Co1nm.Ep.Wy20. ARLENE ILEY otar
---= blic.
2 8 4 3 gy commis on expires /29/93.