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HomeMy WebLinkAboutReso 94-265 - Approving the reimbursment agreement between the COR & Douglas W. Bradford, for the Const of Browning St & Traffic Signals, & Authorize Mayor to sign same , a RESOLUTION NO. �(pS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF REDDING AND DOUGLAS W. BRADFORD, FOR THE CONSTRUCTION OF BROWNING STREET AND TRAFFIC SIGNALS, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City of Council of the City of Redding as follows: 1. The City Council of the City of Redding hereby approves the Reimbursement Agreement between the City of Redding and Douglas W. Bradford for the construction of Browning Street and traffic signals. 2. The Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents 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 documents , when appropriate. 3 . A true copy of the Reimbursement Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the Foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 6th, day of September , 1994, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge,' Murray aid R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BERT C. ANDERSON, Mayor City of Redding ATTEST: FOR PPROVED: ° CONNIE STROHMAYER, t Clerk RANDALL A. HAYd, City Attorney REIMBURSEMENT AGREEMENT THIS AGREEMENT, dated as of 1994, is made by and between Douglas W. Bradford ("Bradford") and the City of Redding, California, a municipal corporation (the "City"). RECITALS A. Bradford is the owner of that certain real property located at 1275 Churn Creek Road and 980 & 1050 Old Alturas Road (collectively, the "Property"), which is more particularly described in Exhibit A of this Agreement. The Property has been approved by the City for development of a shopping center, subject to the conditions set forth in Use Permit No. UP-33-89, as amended (the "Use Permit"). B. The traffic mitigation conditions of the Use Permit — condition 32(b)(1&2) (installation of 2 traffic signals at Old Alturas Road and Victor Avenue and Old Alturas Road and Friendly Road) and condition 32(d) (extension of Browning Street from Old Alturas Road to Friendly Road) — will impose costs upon Bradford based upon the Cinemark development that will substantially exceed the traffic mitigation fees that a developer would normally be required to pay upon the development of the Property. This would be an addition to the excess cost of$69,735 which the City has already said should be credited to Bradford for his fulfillment of condition 32(c) of the Use Permit. C. Under such circumstances, the City would normally waive the payment of the traffic mitigation fees by Bradford for the development of the Property. However, Bradford is in the process of selling most of the Property to Cinemark USA, Inc. ("Cinemark"). Since Cinemark will not be the party satisfying the conditions of the Use Permit, it will be required to pay the traffic mitigation fees to the City for that portion of the Property. D. Pursuant to Bradford's Sales Agreement with Cinemark, Cinemark has agreed that Bradford shall receive any and all of the traffic mitigation fees which Cinemark pays to the City, representing a credit or reimbursement for the excess traffic mitigation costs incurred by Bradford in satisfying the conditions of the Use Permit. Should Cinemark fail to make payment of traffic mitigation fees, the City shall have no obligation to make any payments, credits, reimbursements or other adjustments to Bradford based upon the Cinemark development; but credits and reimbursements for other developments shall be allowed as set forth herein. E. Provided that Bradford supplies the necessary public improvements specified above, the City is willing to pay such reimbursements to Bradford from the traffic mitigation fees hereafter collected with respect to any portion of the Property -1- (400.550/Reimburse.Ag.l) shown on Exhibit A, to the extent that Bradford's additional costs exceed the traffic mitigation fees that would normally be paid. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Bradford agree as follows: 1. Recitals. The preceding recitals are true and correct and are incorporated herein by reference. 2. Unused Credit. The term "Unused Credit" shall mean the maximum reimbursement to which Bradford is entitled under this Agreement, and it shall be equal to: (a) The credit of$69,735 already computed by the City for the excess costs incurred in satisfaction of condition 32(c) of the Use Permit; plus (b) All costs and expenses incurred by Bradford with respect to satisfying conditions 32(b)(1&2) and 32(d) of the Use Permit, including, without limitation, all design and engineering fees, all plan-check and inspection fees, all security and bonding costs for construction and maintenance, all financing costs, and all costs of construction, overhead and contract administration, whether any of the above are incurred before or after the date of this Agreement; minus (c) The standard traffic impact mitigation fees that would normally be imposed by the City for the development of the Property. The Unused Credit shall be reduced from time to time for all credits and reimbursements which the City grants or pays to Bradford in accordance with Section 4 below. 3. Traffic Mitigation Fees. The term "Traffic Mitigation Fees" shall refer to all impact fees which would normally be collected by the City for traffic mitigation purposes with respect to the development of the entire Property, whether such fees would be payable by Bradford or by Cinemark or by a future developer of all or any portion of the Property. Without the prior written consent of Bradford, the City shall impose such Traffic Mitigation Fees upon all developers of the Property, except for Bradford to the extent that credits would apply under Section 4 below. 4. Credits and Reimbursements. At the times set forth in Section 5 hereof, the City shall compensate Bradford from time to time for all Traffic Mitigation Fees which it receives with respect to the development of the Property, up to but not exceeding the amount of Bradford's then Unused Credit, in one of the two following manners: (a) With respect to portions of the Property for which Traffic Mitigation Fees would otherwise be payable by Bradford, the City shall credit -2- (900.550/Reimb urse.Ag.]) Bradford for all such Traffic Mitigation Fees up to the amount of his then Unused Credit; and (b) With respect to the portions of the Property for which Traffic Mitigation Fees would be payable by Cinemark or by another owner/developer of the Property, the City shall reimburse Bradford for all such Traffic Mitigation Fees up to the amount of his then Unused Credit. 5. Taming. The credits and reimbursements specified in Section 4 shall be provided to Bradford at the following times: (a) All credits under Section 4(a) shall be provided to Bradford at the time that the Traffic Mitigation Fees would otherwise be payable. (b) With respect to the first reimbursements payable under Section 4(b), the City shall pay them to Bradford within fifteen (15) business days after receiving them, up to the amount of the $69,735 Unused Credit already earned by Bradford for the satisfaction of condition 32(c). (c) The next reimbursements payable to Bradford under Section 4(b) shall be paid within thirty (30) days after the completion of all construction work for conditions 32(b)(1&2) and 32(d). At such time, Bradford shall furnish to the City his final summary of all costs and expenses incurred in satisfying said conditions, and the City shall within thirty (30) days determine the amount of the Unused Credit attributable to Bradford under Section 2 above. Until such time, the City shall hold any applicable Traffic Mitigation Fees which it has received with respect to the Property for future reimbursement to Bradford. (d) With respect to any subsequent reimbursements under Section 4(b), the City shall pay them to Bradford within ten (10) business days following receipt by the City because all construction work will have already been completed and the remaining Unused Credit will be known. (e) With respect to all of the above, originals of invoices, bills and other evidence of costs shall be the basis for arriving at amounts due Bradford. 6. Gerieral—Proyisio ns. This Agreement shall be governed by and construed in accordance with the laws of the State of California. All exhibits attached hereto are incorporated by reference and constitute a part hereof. In the event that any provision hereof is found to be invalid or unenforceable, the remainder shall continue in full force and effect. This Agreement shall be binding upon, and inure to the benefit of, the parties and their respective successors and assigns. This Agreement may be amended only by a written instrument executed by all affected parties_ In the event that any legal action, arbitration or other proceeding is initiated to interpret or enforce the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to an award of reasonable -3- (4(W)550/Rclmb—Ag j) attorneys' fees, court costs and related expenses. This Agreement shall be interpreted in accordance with its fair meaning, without regard to the captions preceding each section and without regard to which party had primary responsibility for preparing it. This Agreement may be executed in any number of counterparts, all of which shall collectively constitute an original of one agreement. IN WITNESS WHEREOF, the City and Bradford have executed this Agreement as of the date first set forth above. "CITY" "BRADFORD" City of Redding, A Municipal Corporation Douglas W. Bradford By: Its: -4- (400.550/Mmbu,se.Ag.1)