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HomeMy WebLinkAboutReso 92-034 - Approve agreement entered into between the OR & OJ Williams & Ann Williams, Roy Van Sickle, & Redding Anesthesia Assoc Medical Group Self Emp money purchase pension plan for benefit of Delbert C Sowerby MD I A RESOLUTION NO. V_:2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT ENTERED INTO BETWEEN THE CITY OF REDDING AND O. J. WILLIAMS AND ANN WILLIAMS, ROY VAN SICKLE, AND REDDING ANESTHESIA ASSOCIATES MEDICAL GROUP SELF- EMPLOYED MONEY PURCHASE PENSION PLAN FOR BENEFIT OF DELBERT C. SOWERBY, M.D. , AND AUTHORIZING THE MAYOR TO SIGN SAME. I BE IT RESOLVED by the City Council of the City of Redding as follows: 1. The City Council of the City of Redding hereby approves the Agreement entered into between the City of Redding and O. J. Williams and Ann Williams, Roy Van Sickle, and Redding Anesthesia Associates Medical Group Self-Employed Money Purchase Pension Plan for Benefit of Delbert C. Sowerby, M.D. , a true copy of which is attached hereto and incorporated herein by reference. 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. 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 21 s day of January , 1992, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: ARNESS, BUFFUM, FULTON, MOSS & DAHL NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NORE..____. ,I r KE DAHL, Mayor City of Redding ATTEST: TltI -- CONNIE STRO MAYER, Cit Jerk FORM APPROVED: i i R DAL A. HAYS, C A orney TEA:20/89-16.CC �} . Y When Recorded Return To: City Clerk City of Redding 760 Parkview Avenue '.I Redding, California 96001 (For Recorders Use Only) AGREEMENT THIS AGREEMENT, entered into on the day of 1992, by and !� between the CITY OF REDDING, hereinafter called "City", and O. J. Williams and Ann Williams, Roy Van Sickle, and Redding Anesthesia Associates Medical Group Self-Employed Money Purchase Pension Plan For Benefit of Delbert C. Sowerby, M.D. , hereinafter called "Owners," WITNESSETH I O.J. WILLIAMS AND ANN WILLIAMS, ROY VAN SICKLE, AND REDDING ANESTHESIA ASSOCIATES MEDICAL GROUP SELF-EMPLOYED MONEY PURCHASE PENSION PLAN FOR BENEFIT OF DELBERT C. SOWERBY, M.D. , as the owners of property located on Tarmac Road, Redding, California, in the County of Shasta, also described as Shasta County Assessor's Parcel Nos. 109- 050-45, 109-050-10, and 109-050-12 and 109-050-13, respectively, hereby makes the following agreements with the City, for the purpose of obtaining water service. 1. Owners shall be responsible for construction of water-system improvements consisting of installation of an eight-inch (811) water main in Tarmac Road to extend from the existing City water line in Tarmac Road to a point a i minimum of ten feet (10') east of west property line of parcel AP #109-050- 10. The water system shall be constructed in accordance with City of Redding standards. Public utility easements shall be provided by the Owners, if necessary, for all water lines at no expense to the City of Redding. Upon completion and acceptance of the water system, the City Will assume responsibility for its maintenance and operation. If domestic water service is desired, the property owners will be required to apply for a metered water service and pay all current connection charges and special benefit fees. Any monthly user charges shall be the prevailing rate, as applied to the rest of the City. I� 2. Owners agree that they shall not withdraw support for Annexation 90-16 or any subsequent request to annex said property to the City, nor shall they take any action to discourage the completion of the annexation proceedings j contemplated by Annexation 90-16. 3. If a legal action or proceeding is brought by either party because of default under this Agreement, or' to enforce a provision thereof, the prevailing party therein shall be entitled, in addition to any other relief, to recover reasonable attorneys fees and court costs from the losing party as determined by the court in which said action or proceeding is pending. I 4. All of the provision Redding Municipal Code Section4P4.08.050 A-F, shall be and are hereby incorporated into this Agreement. This Agreement shall constitute a covenant running with the land, and shall be binding upon Owner's successors in interest. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. i B9y O. WILLIAMS, Owner Bye 1I ANN WILLIAMS, Owner By OY AN SICK Ewner �— By ELBERT C. SOWER , M.D. for Redding Anesthesia Associates Medical Group Self-Employed Money Purchase Pension Plan T CITY OF REDDING By MIKE DAHL, Mayor I� ATTEST: CONNIE STROHMAYER, City Clerk i FORM APPROVED: RANDALL A. HAYS, City Attorney I I, LM\A:90-16AGR.CC