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HomeMy WebLinkAboutReso 92-177 - 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 Way 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 WATER MAIN ALONG VIKING WAY. 1 I 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 'i 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 Dlbss City of Redding A T: O PPROVED. Ile, CONNIE STROHMAYER, ofty Clerk RA6DALL A. HAYS, City Attorney - r.- r; i �I d i 1 A G R E E M E N T i THIS AGREEMENT is made and entered into by and between WITTIG INVESTMENT, INC. , DOING BUSINESS AS REDDING AUTO CENTER, I 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 i expense, a 12-inch water main along Viking Way, hereinafter referred to as "water main" ; and WHEREAS, said improvements were constructed in 1990, and accepted by CITY on June 18, 1991; and WHEREAS, the location and route of said water main is shown on the diagram attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the water main services the Assessor Parcels hereinafter described, and any subsequent parcels with frontage; and WHEREAS, Redding Municipal Code Chapter 14.08 authorizes CITY to reimburse DEVELOPER for its costs of construction of the water main from the front-footage connection charges collected by the CITY from other connectors to the water main, as such charges I are required by the CITY and paid at the time of subsequent connections; I I� d i II , I NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: j 1 . CITY shall, to the extent funds are available, j reimburse DEVELOPER for its costs of constructing the water main, to a maximum of $21, 523 . 38, solely from the front-footage connection charges to be charged to and collected from other connectors to said water main, in accordance with and subject to the provisions of Chapter 14 . 08 of the Redding Municipal Code. 2. CI'T'Y reserves the right, at any time, to increase or decrease the established rates for water connection charges; and in the event of any such change in rates, reimbursement to DEVELOPER shall be in accordance therewith as to all subsequent 'j connections. 3. The total cost eligible for reimbursement to DEVELOPER I for the water main is a maximum of $21,523. 38, which is reimbursable from the following Assessor Parcel numbers, and any subsequent parcels derived therefrom with frontage: i Assessor's Front Front-Footage Parcel Footage Charge Number 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 i TOTAL: $20, 3843- 'This 20, 3841'This total may be more, up to a maximum of $21,523 . 38, in the event there are subsequent parcels with front footage. 2 I :I 1 it 4. 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 1 the owners of the real properties referred to in paragraph 3 above and shown on Exhibit "A" attached hereto, after the expiration of the term of this Agreement, shall not be reimbursable to DEVELOPER. ;i 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. .i ,j WITTIG INVESTMENT, INC. , DOING BUSINES DING AUTO-C NTER (---) 4 DATED : April 10 , 1992 By: 11112 2� u CITY OF REDDING DATED : By: I Mayor ATTEST: CONNIE STROHMAYER, City Clerk FORM APPROVED: I RANDALL A. HAYS, City Attorney I 3 i r.