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HomeMy WebLinkAboutReso 94-328 - Approve entering a reimbursement agreement between COR & Gunner/Clermont, Inc for Const of 8" water main along Nighthawk Ln, & Authorize Mayor to sign RESOLUTION NO. 9 4-_28` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF REDDING AND GUNNER/CLERMONT, INC. , NOT TO EXCEED $6,748.00, FOR THE CONSTRUCTION OF AN 8-INCH WATER MAIN ALONG NIGHTHAWK LANE, AND AUTHORIZING THE MAYOR TO SIGN. IT IS HEREBY RESOLVED that the City Council hereby approves entering into the above-mentioned Agreement, a true copy of which is attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to sign said Agreement on behalf of the City of Redding; and the City Clerk is hereby directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 15th day of November , 1994, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ROBERT C. ANDERSON, Mayor City of Redding ATTEST: FORM APPROVED: �i CONNIE STROHMAYER, ity Clerk RANDALL k . HAYS, City Attorney RE=MBURS EMENT AGREEMENT THIS AGREEMENT is made and entered into by and between GUNNER/CLERMONT, INC. , Post Office Box 493514, Redding, California 96049 , hereinafter referred to as the "Developer; " and the CITY OF REDDING, a Municipal Corporation, hereinafter referred to as the "City" : W I T N E S S E T H: WHEREAS, the Developer has constructed, at its own cost and expense, an 8-inch water main along Nighthawk Lane (previously known as Talon Way) , hereinafter referred to as the "water main" ; and WHEREAS, said improvements were constructed in 1989, and accepted by the City on January 2, 1990; and WHEREAS, the location and route of the water main is shown on the diagram attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the water main services the Assessor' s Parcel hereinafter described; and WHEREAS, Redding Municipal Code Chapter 14.08 authorizes the City to reimburse the Developer for its costs of construction of the water main from the front-footage connection charges collected by the City from other connectors to the water main, as such charges are required by the City and paid at the time of subsequent connections; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. The City shall, to the extent funds are available, reimburse the Developer for its costs of constructing the water main, to a maximum of $6,748 . 00 , solely from the front-footage connection charges to be charged to and collected from other connectors to said water main, in accordance with and subject to the provisions of Chapter 14. 08 of the Redding Municipal Code. 2. The City reserves the right, at any time, to increase or decrease the established rates for water connection charges; and in the event of any such change in rates, reimbursement to the Developer shall be in accordance therewith as to all subsequent connections. 3 . The total cost eligible for reimbursement to the Developer for the water main is a maximum of $6,748 . 00, which is reimbursable from the following Assessor' s Parcel number: Assessor's Front Front-Footage Parcel Footage Charge Number 077-280-61 482 $6,748. 4. The term of this agreement shall be a period of ten ( 10) years, commencing on the date this agreement is approved by the City Council. Any connection charges collected by the City from the owner(s) of the real property referred to in paragraph 3 above and shown on Exhibit "A" attached hereto, after the expiration of the term of this agreement, shall not be reimbursable to the Developer. 5. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the City of Redding and Gunner/Clermont, Inc. have executed this Reimbursement Agreement on page 3 hereof 2 in the presence of their respective officers duly authorized in that behalf on the days and year set forth below. GUNNER/CLERMONT, INC. By: Name: M r Gunnlogson Title: President CITY OF REDDING By: ROBERT C. ANDERSON, Mayor ATTEST: CONNIE STROHMAYER, City Clerk FORM APPROVED: 14 RANDALL . HAYS, City Attorney 3 >- w Iz Y 'J Q O DR. z 3 bi � z OSPREY LANE 'R Sc.lddly/slr�nl Eo6Fw 0 NIGHTHAWK LANE P 7-210- G/ .At T4oll, /4 RC',4 or- 'T4- I _ EXHIBIT A 1 I I I I � f � U