HomeMy WebLinkAboutReso 93-120 - Approve & Authorize the mayor to sign the agreement for design, const, & reimbursement of the Country Heights Trail, entered into by & between the COR & Country Heights LP & Signature NW Partnership RESOLUTION NO. IaO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT FOR DESIGN, CONSTRUCTION, AND REIMBURSEMENT
OF THE COUNTRY HEIGHTS TRAIL, ENTT= INTO BY AND
BETWEEN THE CITY OF REDDING AND COUN'T'RY HEIGHTS LIMITED
PARTNERSHIP AND SIGNATURE NORTHWEST PARTNERSHIP.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves entering into the Agreement for Design,
Construction, and Reimbursement of the Country Heights Trail by
and between the City of Redding and Country Heights Limited
Partnership and Signature Northwest Partnership, a true copy of
which is attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding
is hereby authorized and directed to sign said Agreement 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 thereto.
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 6th day of April , 1993, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Kehoe, and 2ioss
NOES: COUNCIL MEMBERS: Arness
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
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A ST: FORM"PPR .�
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CONNIE ra
STROHMAYER City Clerk RANDALL HAYS, City Attorney '
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AGREEMENT FOR DESIGN, CONSTRUCTION, AND REIMBURSEMENT
COUNTRY HE=GHTS TRAIL
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THIS AGREEMENT is made and entered into as of the 6th day of
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April, 1993 , by and between the:
CITY OF REDDING, a Municipal Corporation,
of 760 Parkview Avenue,
Redding, California 96001-3396
hereinafter called "CITY"
AND
COUNTRY HEIGHTS LIMITED PARTNERSHIP,
a Limited Partnership consisting of SIGNATURE DEVELOPMENT
CORPORATION and NORTHWEST OMNI INC. as General Partners,
of 230 Hartnell Avenue,
Redding, California 96002; and
SIGNATURE NORTHWEST PARTNERSHIP,
a General Partnership consisting of SIGNATURE
DEVELOPMENT CORPORATION and NORTHWEST OMNI INC. ,
4 of 230 Hartnell Avenue,
Redding, California 96002
hereinafter called "DEVELOPERS."
WHEREAS, CITY has approved tentative maps submitted by
DEVELOPERS to construct a 520-lot Subdivision, consisting of :
( a) 428 lots in Country Heights Subdivision Units 1-12;
(b) Crystal Tree Park Subdivision;
(c) Sunshine Ridge Subdivision Units 1-3 ; and
(d) 23 acres zoned R-1 , APN 104-500-07 , which shall also be
subject to reimbursement as provided in this Agreement,
hereinafter collectively called "Subdivision. "
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AND WHEREAS, as a condition of approval of said maps, it is
a requirement of the CITY that an agreement be entered into
between the CITY and the DEVELOPERS that will provide for the
design and construction of a pedestrian/bicycle trail (herein-
after called "Trail" ) , to be located as follows:
Commencing at the intersection of Blazingwood Drive and
Canyon Creek Road, and terminating at the intersection
of Blue Gravel Canyon and the northerly boundary of
DEVELOPERS' land, as more particularly depicted in
Exhibit "A" attached hereto and incorporated herein by
reference.
AND WHEREAS, the CITY and the DEVELOPERS wish to see the
Trail developed for the use and. enjoyment of the residents who
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will live in the Subdivision and surrounding area.
AND WHEREAS, in order to recover its costs of design,
engineering, and construction of the Trail, the DEVELOPERS wish
to receive a refund and/or credit for 1000 of the In-lieu Park
fees (Redding Municipal Code Chapter 17 . 42) and 500 of the Park
Fund fees (Redding Municipal Code Chapter 16.05) generated by the
Subdivision, until DEVELOPERS have been fully reimbursed OR until
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expiration of the term of this Agreement, whichever is earlier.
However, DEVELOPERS are not to receive an amount of dollars
and/or credit in excess of their maximum costs (bid price, plus
CITY-approved change orders, plus performance bond costs, plus a
water meter and water-meter connection charges) for construction
of the Trail.
NOW, THEREFORE, IT IS HEREBY UNDERSTOOD AND AGREED by and
between the parties hereto as follows:
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1 . With regard to the 25 lots in the Crystal Tree Park
' Subdivision and the 264 lots in Units 1 through 8 of the Country
Heights Subdivision [total of 289 lots] covered by the
Subdivision and Park Construction Agreement for Country Heights
Park dated May 15, 1990 , and expiring May 14 , 1995 , entered into
by and between the CITY and COUNTRY HEIGHTS LIMITED PARTNERSHIP
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(hereinafter called "Park Agreement" ) , which lots are included in
the "Subdivision" referred to above, the parties acknowledge and
agree:
( a) That the COUNTRY HEIGHTS LIMITED PARTNERSHIP has not
been fully reimbursed by the CITY under the terms of
the Park Agreement;
(b) That reimbursement by the CITY from In-Lieu Park fees
and Park Fund fees on said lots will be payable firstly
to the COUNTRY HEIGHTS LIMITED PARTNERSHIP under the
terms of the Park Agreement; and secondly to the
DEVELOPERS herein under the terms of this Trail
Agreement.
2. The term of this Agreement shall be five ( 5) years,
commencing April 6, 1993, and terminating April 5, 1998.
3 . DEVELOPERS covenant and agree, at their own expense, to
provide a design/bid package acceptable to the CITY; furnish all
labor, materials, tools, and equipment; and perform all the work
required to construct and complete the Trail:
( a) in a good and workmanlike manner;
(b) in strict compliance with the plans and
specifications that shall be approved by the City
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of Redding:
(c) in accordance with the City Council' s Policy No.
1702 on credit for park and recreational
facilities provided by subdivisions, a copy of
which is attached hereto as Exhibit "B" and made a
i part hereof by reference; and
(d) to the satisfaction of the CITY' s Director of
Recreation and Parks and Director of Public Works,
or their designated representatives;
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until acceptance of the Trail by the CITY, and that failure to do
so shall constitute a material breach of this Agreement and
grounds for the cancellation thereof by the CITY as hereinafter
provided.
4. As part of DEVELOPERS' costs in constructing the Trail,
DEVELOPERS will ensure that a water meter is installed and the
connection charges therefor paid for a drinking fountain on the
Trail.
5. DEVELOPERS agree to pay all bills relating to the work �J
performed within 30 days of the receipt thereof.
6. DEVELOPERS will enter into an agreement or agreements
with other entities/contractors to provide for the design and
construction of the Trail, which agreement( s) shall be approved
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by the CITY prior to execution thereof by the DEVELOPERS and
prior to commencement of construction of the Trail.
On request, DEVELOPERS will provide CITY with an
accurate record of the name of each employee, whether an employee
of DEVELOPERS or an employee of a contractor or sub-contractor,
who works on this construction job; his or her social security
number; the type of work completed by each employee; the total
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number of hours worked under each type-of-work category; and the
amount paid each employee for said work.
CITY must also approve in writing any subsequent change
orders, in advance of the work to be performed thereunder.
7 . DEVELOPERS will arrange a prework meeting between the
DEVELOPERS, contractors, and representatives of CITY.
8. DEVELOPERS shall cause the dedication of land or public
trail easement to the CITY for all portions of the Trail built on
lands not already owned by the CITY.
9 . CITY will allow contractors right-of-entry on the land
dedicated by the DEVELOPERS for construction of the Trail.
10. CITY is to inspect and approve all Trail construction
work. DEVELOPERS will permit CITY to inspect all construction
work and any improvements thereon or therein at all reasonable
times until all improvements are accepted by CITY.
11. The design and construction of the Trail will be
divided into two sections, as follows:
" All( 1) Section A shall be the design and construction of the
Trail from the intersection of Blazingwood Drive and
Canyon Creek Road, easterly to the intersection of
Canyon Creek Road and Buenaventura Boulevard. "Section
All shall be designed by July 1, 1993 , with the
construction to be completed by October 15, 1993 .
( 2) "Section B" shall be the design and construction of the
Trail from the termination of "Section All to the
intersection of Blue Gravel Canyon and the northerly
property of DEVELOPERS. "Section B" shall be designed
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j construction to be completed within six months of
approval of plans and written notice by CITY to
construct.
It is understood by the parties hereto that the reason for
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dividing the Trail construction into two sections is that at this
time the CITY does not know the alignment of Buenaventura
Boulevard from its current terminus to DEVELOPERS' northerly
boundary.
12. Until acceptance of the Trail by the CITY, DEVELOPERS
shall have the charge and care of the work and the materials to
be used therein ( including materials for which they have received
partial payment) , and shall bear the risk of injury, loss, or
damage to any part thereof by the action of the elements or from
any other cause, whether arising from the execution or non-
execution of the work, except in the event damage to the work is
caused by a storm, flood, or earthquake, which constitutes an
"Occurrence. "
The term "Occurrence" shall include an earthquake in
excess of a magnitude of 3 . 5 on the Richter Scale, and storms and
floods as to which the Governor has proclaimed a state of
emergency, when the damaged work is located within the terri-
torial limits to which such proclamation is applicable.
13 . Until acceptance of the Trail by the CITY, if the CITY
has collected sufficient In-lieu Park fees and Park Fund fees to
refund the Approved Total Cost (defined in paragraph 14A. ) to the
DEVELOPERS, the CITY will withhold 10 percent of the Approved
Total Cost.
14. Repayment to the DEVELOPERS for performance of this
Agreement shall be as follows:
A. It is agreed that the amount to be refunded and/or credited
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to the DEVELOPERS during the term of this Agreement, on the
dates and in the manner set forth below, for construction of
a complete Trail will not exceed the bid price of all work
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approved by the CITY, plus CITY-approved change orders, plus
performance bond costs, plus a water meter and connection
charges therefor (hereinafter collectively referred to as
the "Approved Total Cost" ) ; AND THAT said refund/credit to
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DEVELOPERS is subject to sufficient development occurring in
the Subdivision to create the In-lieu Park fees and Park
Fund fees necessary to reimburse DEVELOPERS.
B. Upon acceptance of the completed Trail by the CITY, PROVIDED
the CITY has collected sufficient revenue from the In-lieu
Park fees and Park Fund fees generated by the Subdivision
(hereinafter called "Revenue" ) , CITY will reimburse to
DEVELOPERS 1000 of the Approved Total Cost OR the actual
amount of Revenue so collected, whichever is less.
C. If insufficient fees have been collected by the CITY to
reimburse 1000 of the Approved Total Cost to DEVELOPERS as
set forth in paragraphs 14A. and 14B. above, and only until
expiration of the term of this Agreement OR payment in full
to DEVELOPERS, whichever is earlier, CITY will:
(a) credit DEVELOPERS for those In-lieu Park fees and Park
Fund fees due and owing by DEVELOPERS for development
by them in the Subdivision; and
(b) continue refunding to DEVELOPERS the Revenue collected
from other developers in the Subdivision, as set forth
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below.
D. All refunds to DEVELOPERS shall occur on July 1, October 1,
January 1, and April 1 of each year until such time as the
term of this Agreement has expired OR DEVELOPERS have been
reimbursed their Approved Total Cost, whichever is earlier.
E. At the end of the five-year term of this Agreement, if
Revenue to the CITY from In-lieu Park fees and Park Fund
fees generated by the Subdivision is less than the Approved
Total Cost, only the amount of Revenue so collected shall be
paid by the CITY to the DEVELOPERS, and DEVELOPERS agree to
accept such payment in full and complete settlement of the
CITY' s obligation to reimburse DEVELOPERS for their Approved
Total Cost during the term of this Agreement.
DEVELOPERS shall not be reimbursed further from the
remaining outstanding In-lieu Park fees and Park Fund fees
to be realized by CITY from development of the Subdivision
after the termination of this Agreement, whether paid by
DEVELOPERS or other persons.
F. DEVELOPERS agree to receive and accept the above-mentioned
Approved Total Cost--OR the lesser amount outlined in
paragraph 14E. above if the CITY shall not collect
sufficient Revenue from the In-lieu Park fees and Park Fund
fees generated by the Subdivision--as full compensation for
the furnishing of materials and completion of the work
contemplated and embraced in this Agreement, and for all
loss or damage arising out of the nature of the aforesaid
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work, or from the actions of the elements, or from any
unforeseen difficulties or obstructions which may arise or
be encountered in the prosecution of the work until its
acceptance by the CITY, and for all risks of every
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description connected with the work, and for all expenses
incurred by or in consequence of the suspension or discon-
tinuance of the work, and for well and faithfully completing
the work and the whole thereof in the manner and in
accordance with the terms of this Agreement.
15A. PRIOR TO the commencement of construction of any
portion of the Trail, DEVELOPERS shall provide the CITY with two
good and sufficient surety bonds satisfactory to the CITY, in the
amounts and for the purposes noted below:
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( 1) A "Payment Bond" (Material and Labor Bond) for not less
than 100 percent of the bid price to satisfy claims of
material suppliers and mechanics and laborers employed
in the construction of the Trail. The bond shall be
maintained by the DEVELOPERS in full force and effect
until the Trail and all improvements are accepted by
the CITY, and until all claims for materials and labor
are paid, and shall otherwise comply with the Civil
Code.
( 2) A "Performance Bond" for 100 percent of the bid price
to guarantee faithful performance of all work within
the time prescribed and in a manner satisfactory to the
CITY, and that all materials and workmanship will be
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free from original or developed defects.
15B. The following provisions shall apply to said bonds:
( a) The bonds shall be duly executed by a responsible
corporate Surety authorized to issue such bonds in the
State of California, and be secured through an
authorized agent with an office in California.
(b) DEVELOPERS shall pay all bond premiums, costs, and
incidentals.
(c) Each bond shall incorporate, by reference, this
Agreement; be signed by both the DEVELOPERS and the
Surety; and the signature of the authorized agent of
the Surety shall be notarized.
(d) Should any bond become insufficient, DEVELOPERS shall
renew the bond within 10 days after receiving notice
thereof from the CITY.
(e) Should any Surety at any time be unsatisfactory to the
CITY, notice will be given to DEVELOPERS to that
effect. No further payments shall be deemed due nor be
made under this Agreement until a new Surety shall
qualify and be accepted by the CITY.
( f) Changes in the bid price, the work to be performed, or
extensions of time made pursuant to this Agreement
shall in no way release DEVELOPERS or the Surety from
their respective obligations. Notice of such changes
or extensions shall be waived by the Surety.
16. DEVELOPERS covenant and agree to comply with all
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statutes, laws, ordinances, regulations, orders, judgments,
decrees, directions, and requirements of the CITY, and of all
Federal, State, County, and City authorities now in force or
which may hereafter be in force applicable to construction of the
Trail.
17 . This Agreement is granted upon the express condition
that the CITY shall be free from any and all liability and claims
for damages for personal injury, death, or property damage in any
way connected with the work to be provided under this Agreement
by DEVELOPERS, including claims of DEVELOPERS and their
respective partners, agents, and employees.
DEVELOPERS shall indemnify and save harmless the CITY,
its officers, officials, employees, agents, and volunteers, from
any and all claims, liability, loss, cost, or obligation on
account of or arising out of any such claim, injury, death, or
loss caused by the negligence or other legal fault of DEVELOPERS
and their respective partners, agents, and employees.
18. Until acceptance of the Trail by CITY, DEVELOPERS shall
procure and maintain the following insurance against claims for
injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the
DEVELOPERS and their respective partners, agents, and employees.
The cost of such insurance shall be borne by the DEVELOPERS.
Minimum Scope of Insurance
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Coverage shall beat least as broad as:
1 . Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001) . Claims-made form
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is also acceptable.
2. Insurance Services Office form #CA 0001 (Ed. 1/87 )
covering Automobile Liability, owned, non-owned, and
hired.
3 . Workers ' Compensation insurance as required by the
State of California and Employers' Liability Insurance.
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Minimum Limits of Insurance
The DEVELOPERS shall maintain limits no less than:
1 . General Liability: $1, 000 ,000 per occurrence for
bodily injury, personal injury, and property damage.
If Commercial General Liability Insurance or other form
with a general aggregate limit is used, the general
aggregate limit shall be twice the required occurrence
limit.
2 . Automobile Liability: $1 ,000 ,000 per accident for
bodily injury and property damage.
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3 . Employer' s Liability: $1,000, 000 per accident for
bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City,
either ( 1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City,
its officers, officials, employees, agents, and volunteers;
or ( 2) the DEVELOPERS shall procure a bond guaranteeing
payment of losses and related investigations, claims
administration, and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents,
and volunteers, are to be covered as insureds as
respects liability arising out of activities performed
by or on behalf of the DEVELOPERS; products and
completed operations of the DEVELOPERS; premises owned,
occupied, or used by the DEVELOPERS; or automobiles
owned, leased, hired, or borrowed by DEVELOPERS. The
coverage shall contain no special limitations of the
scope of protection afforded to the City, its officers,
officials, employees, agents, or volunteers.
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2. The DEVELOPERS' insurance coverage shall be primary
insurance as respects the City, its officers,
officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its
officers, officials, employees, agents, or volunteers,
shall be excess of the DEVELOPERS' insurance and shall
not contribute with it.
3 . Any failure to comply with reporting or other
provisions of the policies, including breaches of
warranties, shall not affect coverage provided to the
City, its officers, officials, employees, agents, or
volunteers.
4. The DEVELOPERS' insurance shall apply separately to
each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer' s liability.
5. Each insurance policy required by this clause shall be
! endorsed to state that coverage shall not be suspended,
voided, cancelled by either party, reduced in coverage
or in limits except after 30 days' prior written notice
has been given to CITY.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M.
Best' s Rating of no less than A:VII.
Verification of Coverage
The DEVELOPERS shall furnish the City with Certificates of
Insurance and original endorsements effecting coverage
required by this Agreement. The endorsements are to be
signed by a person authorized by that insurer to bind
coverage on its behalf . All endorsements are to be received
and approved by the CITY prior to April 6 , 1993 , when the
term of this Agreement commences.
19. This Agreement and the plans and specifications to be
approved by the CITY shall set forth the entire agreement between
the parties hereto. Modifications or additions thereto shall be
considered valid only when mutually agreed upon by the parties in
writing.
20. DEVELOPERS shall not assign this Agreement, nor any
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interest therein.
21. The parties hereto agree to fully cooperate in carrying
out the terms of this Agreement, including the execution of all
documents reasonably necessary to effectuate the intention of the
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parties.
22. No delay or failure by any party to exercise any right,
power, or remedy with regard to any breach or default by such
party under this Agreement, or to insist upon strict performance
of any of the provisions hereof, shall impair any right, power,
or remedy of such party, and shall not be construed to be a
waiver of any breach or default of the same or any other
provisions of this Agreement.
23 . In the event any covenant, condition, or provision
herein contained is held invalid by any Court of competent
jurisdiction, the invalidity of same shall in no way affect any
other covenant, condition, or provision herein contained,
provided that the validity of any such covenant, condition, or
provision does not materially prejudice either the CITY or the
DEVELOPERS in their respective rights and obligations contained
in the valid covenants, conditions, and provisions of this
Agreement.
24. In case suit or action is instituted to enforce any of
the provisions of this Agreement, the prevailing party therein
shall be entitled to attorney' s fees and other sums as may be
adjudged reasonable and necessary at trial and on appeal.
25. Whenever DEVELOPERS are required to secure approval or
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consent from the CITY, the CITY shall mean the CITY' s Director of
Recreation and Parks or his designated representative, and the
Director of Public Works or his designated representative.
'j However, at the option of either Director or the DEVELOPERS, and
according to proper procedure, any such questions may be referred
to the City Council of the City of Redding, whose decision
thereon shall be final.
j 26. Any notices or demands that may be given by either
party hereunder, including notice of default and notice of
termination, shall be deemed to have been fully and properly
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given when made in writing, enclosed in a sealed envelope, and
deposited in the United States Post Office, certified mail,
postage prepaid, addressed as follows: To CITY c/o City Manager,
760 Parkview Avenue, Redding, California 96001-3396 ; and to
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DEVELOPERS at 230 Hartnell Avenue, Redding, California 96002.
27 , In carrying out the work to be performed under this
Agreement, it is understood and agreed that the DEVELOPERS are
acting as independent contractors, and not as employees of the
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CITY.
28. Future amendments to this Agreement and/or Change
Orders, if any, may be executed by the City Manager of the CITY.
29. All covenants, stipulations, and agreements in this
Agreement shall extend to and bind the legal representatives,
successors, and assigns of each of the parties hereto.
30. It has been determined that this matter is not subject
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to the provisions of the California Environmental Quality Act.
IN WITNESS WHEREOF, the parties hereto have jointly and
severally executed this Agreement in the presence of their
respective Officers duly authorized in that behalf on the days
and year set forth below.
CITY OF REDDING
DATED: , 1993 By:
CHARLIE MOSS, Mayor
ATTEST: FORM APPROVED:
CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
COUNTRY HEIGHTS LIMITED PARTNERSHIP
By:
(1) SI A DEVELO CORPORATION
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DATED: , 1993
PAUL ED President
Co-Gene APPartner
( 2) NORTHWEST OMNI INC.
DATED: , 1993
BERGS OM, President
Co-General Partner
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[signatures continued on page 171
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SIGNATURES TO THE TRAIL DESIGN, CONSTRUCTION, AND REIMBURSEMENT
AGREEMENT FOR COUNTRY HEIGHTS TRAIL DATED APRIL 6, 1993 ,
CONTINUED:
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SIGNATURE NORTHWEST PARTNERSHIP
By:
( 1) SIGN DEVELO CORPORATION
DATED: , 1993 ,O�-- ;,
AUL EDG resident
Co-Gener artner
( 2) NORTHWEST OMNI C.
DATED: -7L2-, 1993
"BE.RGSTROM, President
Co-General Partner
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TY OF REDDING, CALIFORNIA
j COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
CREDIT FOR PARK & RECREATIONAL
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BACKGROUND
Chapter 17 . 42 of the Redding City Code provides for the contribu-
tion of cash and/or payment of fees for park and recreational
facilities in subdivisions. Section 17 . 42 . 090 of the City Code
allows a developer to improve park land as follows :
At the option of the City Council , a subdivider may
improve dedicated land. The value of park and recrea-
tion improvements provided by the subdivider to the
dedicated land shall be credited against the fees or
dedication of land required by this chapter. The City
Council reserves the right to approve such improve-
ments prior to agreeing to accept the dedication of
land and to require in-lieu fee payments should the
land and improvements be unacceptable.
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PURPOSE
The purpose of this policy is to establish Council Policy in the
evaluation of the amount of credit to be allowed when park and
recreational facilities are furnished by a subdivider as part of
the development of the subdivision and the process to be followed.
DEFINITIONS
1 . Usable land for park and recreation purposes shall mean a
parcel of land of a size which in itself or in conjunction
with available adjacent parcels will form a park site and
which is unencumbered by easements which would interfere with
development.
2 . Suitable public access shall mean location with street front-
age on at least one side, not more than three (3) feet above
or below street level.
3 . Development of park lands shall mean development according to
City standards .
4 . Facility means any structure or improvement placed on park
lands for recreational purposes including, but not limited
to, recreation buildings , swimming pools , tennis courts ,
shuffleboard courts, children' s play area equipped with
apparatus, and the like.
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' CR 0049
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EXHIBIT "B"
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CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
CREDIT FOR PARK & RECREATIONAL
FACILITIES 89-235 17 2 7
POLICY
In order to qualify for credit against fees required for park and
recreational facilities , such facilities developed by a subdivi-
sion and conveyed to the City for operation must satisfy the
following criteria:
1 . No restriction may be placed on the land which would:
a. Limit the use of the park or facility to any person
because of race, religion, or creed; or
b. Limit the availability of the park or facility for the
use of the general public; or
C. Require fees , if any charged the general public to exceed
those charged inhabitants of any subdivision.
2. The land on which the facility is located shall be either
deeded to the City or restricted by easement so that it may
€ not be used for other than park and recreational purposes ,
+ unless such restriction is removed by City action.
3 . Development of park or facility shall be in conformance with
the guidelines and standards of the Recreation Element of the
Redding General Plan and shall conform to minimum current
City park construction standards and specifications . The
City shall approve all plans and specifications prior to
development.
4 . Usable lands with suitable public access shall be, at the
discretion of the Council, credited at their in-lieu park-fee
value as defined in Section 17. 42 . 060 of the Code.
5 . Development of park land, exclusive of recreation buildings
and comfort stations, shall be credited at their actual
invoiced cost, but not to exceed the most recent construction
costs for similar improvements under City contract.
6 . Recreational facilities such as recreation buildings , tennis
courts, and the like, shall be credited on actual invoiced
cost. The subdivider will keep adequate records of cost and
make same available to the City upon request.
7 . All facilities , structures , or buildings provided in conjunc-
tion with a park must be permanent. For purposes of this
provision, "permanent" shall mean an estimated useful life
CR 0049
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COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
CREDIT FOR PARK & RECREATIONAL
j FACILITIES 89-235 1702 7/18/89 3
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equivalent to that of similar installations in City-owned and
developed parks.
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8 . If the subdivider is the contractor for the work, the work
shall be performed based on cost of materials and costs for
employees. If the park is constructed by independent contrac-
tor, the cost shall be the bid price and any change orders
approved by the City.
9 . If a subdivider wishes to build a neighborhood park or park
improvements (Project) , the maximum credit that could be
received, up to the total Project cost, is as follows, sub-
ject to the approval of the City Council:
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a. 100 percent of the in-lieu park fees.
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b. 50 percent of the park-development fees.
(Amended by Resolution No. 90-225 adopted 5/15/90)
0 . Before construction could occur, the following must occur:
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a. The park site is shown on the tentative map approved by
the Planning Commission.
b. The development plans and specifications have been ap-
proved by the Recreation and Parks Commission and City
staff.
C . The City Council has agreed to a fee credit.
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1 . In the event in-lieu park fees and/or park-development fees
have been collected from lots previously recorded within the
Subdivision, or are due and owing prior to completion of the
Project, and the subdivider wishes to use those funds for
construction of the Project, reimbursement and/or credit to
the subdivider shall be made only up to the total project
cost, as follows:
When the Project has been completed, 10 percent of the
total Project cost shall be withheld for a further
period of 90 days , or until accepted by City, whichever
is the latest date, during which time the subdivider
shall maintain the irrigation system and insure that the
turf and plant materials are alive and established.
(Amended by Resolution No. 90-225 adopted 5/15/90)
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CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
CREDIT FOR PARK & RECREATIONAL
FACILITIES 89-235 1702 7/18/89 4
12 . Park sites and improvements dedicated to the City after
completion of construction of the Project shall be warranteed
for:
a. one full year against defects , failure of equipment or
materials , and failure of stabilized banks; and
b. 90 days to insure that turf and plant materials live
after planting.
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(Amended by Resolution No. 90-225 adopted 5/15/90)
13 . Parks developed by a subdivider shall be given the name of
the subdivision or other name as approved by the Recreation
and Parks Commission under any guidelines it establishes for
that purpose.
14 . This policy does not preclude the City Council from establish-
ing maintenance districts for neighborhood parks.
15. The following minimum development standards shall apply for
neighborhood-park development under this policy:
'I a. Minimum usable area of one-half acre.
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b. A combined frontage on public streets of at least 150
feet.
C. Six-foot-high fencing adjacent to any existing or future
residential lot.
'II d. At least 50 percent of the usable area to be turf.
e. Shielded night lighting.
f. All street improvements adjacent to the property shall
have been or will be constructed as the subdivision is
developed.
g. There is at least one play facility such as a one-half
basketball court or play gym.
h. All lawn areas are bordered by a concrete mowing strip or
a walkway.
i. Signage that is used shall match the subdivision entrance
signage or the signage program of the Recreation and
Parks Department.
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CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
CREDIT FOR PARK & RECREATIONAL
FACILITIES 89-235 1702 7/18/89
I� j . All formal walkways within the usable park area shall be
concrete.
k. All slopes shall be stabilized and landscaped.
16 . Plans and specifications for a park may be prepared by the
City Planning Department or a landscape architect hired by
the subdivider.
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