HomeMy WebLinkAboutReso 94-329 - Approve entering into a reimbursement agreement between COR & Gunner/Clermont, Inc for Const of 8"inch sewer main along Nighthawk Ln i
RESOLUTION NO. 94--2z9
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 SEWER
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:
CONNIE STROHMA , City Clerk RANDALL(A. HAYS, City Attorney Xl
is
RE=MBURSEMENT 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 sewer main along Nighthawk Lane (previously
known as Talon Way) , hereinafter referred to as the "sewer 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 sewer main is shown
on the diagram attached hereto as Exhibit "B" and made a part
hereof; and
WHEREAS, the sewer main services the Assessor' s Parcel
hereinafter described; and
WHEREAS, Redding Municipal Code Chapter 14.16 authorizes the
City to reimburse the Developer for its costs of construction of
the sewer main from the front-footage connection charges
collected by the City from other connectors to the sewer 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 sewer main, up 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 sewer
main, in accordance with and subject to the provisions
of Chapter 14. 16 of the Redding Municipal Code.
2. The City reserves the right, at any time, to increase
or decrease the established rates for sewer connection
charges; and in the event of any 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 sewer 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 "B" 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
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in the presence of their respective officers duly authorized in
that behalf on the days and year set forth below.
GUNNER/CLERMONT, INC.
By:
Nam aPslidwent"
ogson
Title.
CITY OF REDDING
By:
ROBERT C. ANDERSON, Mayor
ATTEST:
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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EXHIBIT 8 '
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