HomeMy WebLinkAboutReso 92-309 - Approve 3rd Amendment to annexation & development agreement dated 07/07/92 between COR & Harrel & Louise Davis RESOLUTION NO. 92'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING
THE THIRD AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
DATED JULY 7, 1992, BETWEEN THE CITY OF REDDING AND HARREL DAVIS
AND LOUISE DAVIS, AND AUTHORIZING THE VICE MAYOR TO SIGN ON BEHALF
OF THE CITY.
IT IS HEREBY RESOLVED by the City Council of the City of Redding that the Third
'i Amendment to Annexation and Development Agreement between the City of Redding and Harrel and
Louise Davis, Developers, a true copy of which is attached hereto and incorporated herein by
reference, is hereby approved.
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 7th day of July, 1992, and was duly adopted
at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl & Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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ABSTAIN: COUNCIL MEMBERS: Moss
CARL ARNESS, Vice Mayor
City of Redding
ATTEST:
CONNIE STR HMAYER, Ci le
FORM APPROVED:
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*RADALL A. HAYS, City At Kr
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THIRD AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT ("Third
Amendment") is made and entered into by and between the CITY OF REDDING, a Municipal
Corporation and General Law City, hereinafter called "City," and HARREL DAVIS and LOUISE DAVIS,
of Post Office Box 686, Redding, California 96099, hereinafter called "Developers":
WITNESSETH:
WHEREAS, City and Developers entered into an Annexation and Development Agreement
dated December 4, 1990 ("Agreement"), a true copy of which is attached hereto and incorporated
herein by reference; and
WHEREAS, City and Developers amended said Agreement pursuant to the terms and
conditions of the First Amendment to Annexation and Development Agreement ("First Amendment") on
May 21, 1991, a true copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, City and Developers amended said Agreement pursuant to the terms and
conditions of the Second Amendment to Annexation and Development Agreement ("Second
Amendment") on March 17, 1992, a true copy of which is attached hereto and incorporated herein by
reference; and
WHEREAS, City and Developers desire to amend said Agreement pursuant to the terms and
conditions of this Third Amendment.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
A. Paragraph 6 of said Agreement is hereby amended by deleting the entire paragraph, and
substituting the following therefor:
6. Developers shall contribute $250,000 to be used for the paralleling of the Eastside
interceptor, which is located in Churn Creek, as depicted on Exhibit C. This
$250,000, along with funds from the 1989 wastewater bond funds, will be used to
j parallel the Eastside interceptor to provide adequate capacity. The $250,000 shall
be paid upon connection to the City's Salt Creek sewer trunk or by July 1, 1993,
whichever occurs first.
B. Paragraph 13 of said Agreement is hereby amended by deleting the entire paragraph,
and substituting the following therefor:
13. Electric Substation. Developers shall dedicate approximately ten acres in the
northeast corner of Assessor's Parcel No. 306-070-01 for a proposed electric
substation site per the specifications of the City Electric Department, at no expense
to City. This dedication shall be made to City no later than July 1, 1993.
C. Paragraph 28 of said Agreement is hereby amended by deleting the entire paragraph,
and substituting the following therefor:
28. Fire Station. Developers shall dedicate approximately three acres in the southwest
corner of Assessor's Parcel No. 075-260-30 for a proposed fire station site per the
specifications of the City Fire Department at no expense to City. At least 1.5 acres
shall be located outside of the 100-year floodplain of Moody Creek and Stillwater
Creek, as defined by the Federal Emergency Management Agency (FEMA). This
dedication shall be made to City not later than July 1, 1993. City agrees to
construct said fire station within seven (7) years of the dedication or upon the
completion of the 143rd dwelling unit, whichever occurs first.
j • •
D. Paragraph 29 of said Agreement is hereby amended by deleting the entire paragraph,
and substituting the following therefor:
29. General Plan Amendment and Zoning. By no later than September 1, 1992,
Developers shall submit to City an application for a General Plan amendment and
zoning of Assessor Parcel Nos. 306-070-01, 306-080-02, 306-080-06, 306-090-
08, 306-090-09, and 075-260-30 consistent with the Tentative Subdivision Map
(Tract 1720) and Planned Development Rezoning (Ordinance No. 378-1634)
approved by Shasta County for the Tierra Oaks Planned Development and Golf
Course. Developers shall be responsible for paying to City the applicable
application fees in effect at the time of the filing.
E. The effective date of these amendments shall be on the date this Third Amendment is
approved by the City Council of City.
F. All other terms and conditions of said Annexation and Development Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year set forth
below:
I
CITY OF REDDING
DATE: By:
CARL ARNESS, Vice Mayor
OWNERS:
DATE: By:
HARRELL DAVIS
DATE: By:
LOUISE DAVIS
ATTEST:
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney