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HomeMy WebLinkAboutReso 91-146 - Approve the agreement entered into between the COR & Operating Engineers, Local #3 �f RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT ENTERED INTO BETWEEN THE CITY OF REDDING AND OPERATING ENGINEERS, LOCAL #3, AND AUTHORIZING THE MAYOR TO SIGN SAME. 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 Operating Engineers, Local #3, 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 2nd day of April 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl, Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None 'z/' NCY ayor C ty o redding ATTEST: ETHEL A. NICH LS, City Clerk FORM APPROVED: RA DALL A. HAYS/ Cilf Attorney i TEA:20/89-16.CC I When Recorded Return To: City Clerk City of Redding 760 Parkview Avenue Redding, California 96001 (For Recorders Use Only) AGREEMENT THIS AGREEMENT, entered into on the _ day of 1991, by and between the CITY OF REDDING, hereinafter called "City," and OPERATING ENGINEERS, LOCAL #3, hereinafter called "Owner WITNESSETH Operating Engineers, Local #3, as the owners of property located on Airport Road, Redding, California, in the County of Shasta, also described as Shasta County Assessor's Parcel No. 54-400-34, hereby makes the following agreements with the City, for the purpose of obtaining water service. 1. Owner shall be responsible for construction of water-system improvements consisting of installation of a sixteen-inch (16") water main in Airport Road to extend from the existing City water line in Airport Road at Rancho Road to a point a minimum of ten feet (101) north of the Owner's south property line. The water system shall be constructed in accordance with City of Redding standards. Public utility easements shall be provided by the Owner, 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 owner 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. 2. Owner agrees that they shall not withdraw support for Annexation 89-16 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 contemplated by Annexation 89-16. 3. Owner agrees to pay0o the City the prevailing traffic finpact, storm drain, capital improvement, electrical connection and water connection fees as 9 adopted by the City Council and in effect when the building permit is issued. 4. 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. 5. All of the provisions of Redding Municipal Code Section 14.08.050 A-F, shall be and are hereby incorporated into this Agreement. i 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. By Thomas A. Hester, Power of Attorney for Operating Engineer's, Local #3 i CITY OF REDDING t By NANCY BUFFUM, Mayor ! ATTEST: i i t iETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney j - 2 -