HomeMy WebLinkAboutReso 92-176 - Approve & Authorize the mayor to sign the agreement for reimbursement between COR & Wittig Investments, Inc dba Redding Auto Center, for its Const of a 12" sewer main along Viking Wayh
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
FOR REIMBURSEMENT BETWEEN THE CITY OF REDDING AND WITTIG
INVESTMENTS, INC. , DBA REDDING AUTO CENTER, FOR ITS
CONSTRUCTION OF A 12-INCH SEWER MAIN ALONG VIKING WAY.
IT IS HEREBY RESOLVED by the City Council of the City of Redding
as follows:
1 . That the City Council of the City of Redding hereby
approves the above-mentioned Agreement, a true copy of which is
attached hereto and incorporated herein by reference.
2 . 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 21st day of April , 1992, and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Mayor - Charlie Moss
City of Redding
A 0'ST: FORM PPROVED:
CONNIE STROHMAYER,401ty Clerk R DALL A. HAYS, C ty Attorney q`
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A G R E E M E N T
THIS AGREEMENT is made and entered into by and between
WITTIG INVESTMENT, INC. , DOING BUSINESS AS REDDING AUTO CENTER,
2850 Viking Way, Redding, California 96003 , hereinafter referred
to as "DEVELOPER," and the CITY OF REDDING, a Municipal
Corporation, hereinafter referred to as "CITY" :
W I T N E S S E T H:
WHEREAS, DEVELOPER has constructed, at its own cost and
expense, a 12-inch sewer main along Viking Way, hereinafter
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referred to as "sewer main" ; and
WHEREAS, said improvements were constructed in 1990, and
accepted by CITY on June 18, 1991 ; and
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WHEREAS, the location and route of said sewer main is shown
on the diagram attached hereto as Exhibit "B" and incorporated
herein by reference; and
WHEREAS, Redding Municipal Code Chapter 14. 16 provides that
where the City requires the construction of a trunk sewer greater
in size than that required for an applicant' s own development,
the City may contribute to the cost of such oversizing or
increased depth; and
WHEREAS, CITY has reimbursed DEVELOPER for oversizing the
sewer main from 8-inch to 12-inch; and
WHEREAS, Redding Municipal Code Chapter 14. 16 further
authorizes CITY to reimburse DEVELOPER for its costs of
construction of the sewer main, based on an 8-inch sewer main
(having been reimbursed for the oversizing from 8-inch to 12-
inch) , 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;
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NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows:
1 . CITY shall, to the extent funds are available,
reimburse DEVELOPER for its unpaid costs of constructing the
sewer main, up to a maximum of $23 ,082. 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 . CITY reserves the right, at any time, to increase or
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decrease the established rates for sewer connection charges; and
j in the event of any such change in rates, reimbursement to
DEVELOPER shall be in accordance therewith as to all subsequent
connections.
3 . The total cost eligible for reimbursement to DEVELOPER
for the sewer main is a maximum of $23 ,082. 00, which is
reimbursable from the following Assessor Parcel numbers, and any
subsequent parcels derived therefrom with frontage:
Assessor' s Front Front-Footage
Parcel Footage Charge
Number
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077-230-19 137 $ 1,918
077-230-06 193 2,702
109-060-21 137 1,918
109-060-44 193 2,702
109-050-44 206 2,884
109-050-43 206 2,884
109-050-62 383 5, 362
II TOTAL: $20,3843-
4.
20,38414. The term of this Agreement shall be for a period of ten
( 10) years, commencing on the date this Agreement is approved by
City Council. Any connection charges collected by the CITY from
the owners of the real properties referred to in paragraph 3
i 'This total may be more, up to a maximum of $23 ,082.00, in
N the event there are subsequent parcels with front footage.
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above and shown on Exhibit "B" attached hereto, after the
expiration of the term of this Agreement, shall not be
reimbursable to 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 parties hereto have executed this
Agreement on the days and year set forth below.
WITTIG INVESTMENT, INC. , DOING
BUSINESS S REDDING AUTO CENTER
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DATED : April 10 , 1992 By:
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CITY OF REDDING
DATED : By:
Mayor
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ATTEST:
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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