HomeMy WebLinkAboutReso 91-209 - Approve the first amendment to annexation and Development Agreement dated 12-4-90 between COR & Harrel Davis & Louis Davis I
RESOLUTION NO.
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT DATED DECEMBER 4, 1990, BETWEEN THE CITY OF
REDDING AND HARREL DAVIS AND LOUISE DAVIS, AND AUTHORIZING
THE MAYOR TO SIGN ON BEHALF OF THE CITY.
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
j approves the First 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.
2 . That the Mayor of the City of Redding is hereby authorized
and directed to sign said First Amendment 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.
1 I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
1 Redding on the 21st day of May , 1991 , and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
NANCY/�UF , Mayor
City jbf Redding
ATTEST: FORM PROVED:
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ETHEL A. NICHOLS, City Clerk DALL A. HAYS, City Attorney
RESCINDED BY RESOLUTION #91-414
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FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
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THIS FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
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( "First 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
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called "Developers" :
W I T N E S S E T H:
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, Developers desire to amend said Agreement pursuant
to the terms and conditions of this First Amendment;
NOW, THEREFORE, it is agreed by and between the parties
hereto as follows:
1. 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
j $250 ,000, along with funds from the 1989 wastewater
bond funds, will be used to 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 , 1992 , whichever occurs first.
2. 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
i 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 ,
1992.
3 . The effective date of these amendments shall be on the
date this First Amendment is approved by the City Council of
City.
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4. 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.
CITY OF REDDING
DATE: May 1991 By:
NANCY BUFFUM, Mayor
DATE: May , 1991
I HARREL DAVIS
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DATE: May 1991
LOUISE DAVIS
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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I ANNEXATION AND DEVELOPMENT AGREEMENT
CITY OF REDDING
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Agree regarding arding annexation, provision of sewer services and construction of sewer
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facilities.
THIS AGREEMENT is entered into as of this day of JecJ 1990, by and between
the CITY OF REDDING, a municipal corporation organized and existing under the laws of the
State of California ("City") and Harrel Davis and Louise Davis ("Developers").
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WITNESSETH
WHEREAS, Developers are the owners of the property
located on the west side of Old
Oregon Trail, Redding, California, in the County of Shasta, also described as Shasta County
Assessor's parcel Nos. 075-260-30, 306-070-01, 306-080-02, 306-080-06,
306-090-08, and
306-090-09, intending to develop a residential planned unit development; and
WHEREAS, topographically, the property is tributary to a gravity-flow system to a trunk
sewer line in Stillwater Creek, as depicted on Exhibit A; and
WHEREAS, to develop the property in accordance with a planned unit development
approved by Shasta County requires that sewer service be provided to the property; and
WHEREAS, the City is constructing a new sewage treatment plant that will serve the
Stillwater Creek, Clover Creek, and Churn Creek drainage basins and at runk sewer line in Clover
Creek to Old 44 Drive; and
WHEREAS, Developers wish to develop their property by construction of a temporary lift
station, force main, and gravity line to the City's Chum Creek interceptor via Oasis Road; and
WHEREAS, Developers wish to develop their property with up to 225 single-family units by
virtue of constructing an interim connection to the existing trunk line in Chum Creek; and
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WHEREAS, Developers have offered to construct a temporary lift station, force main, and
gravity line to the City's Churn Creek interceptor via Oasis Road, as depicted on Exhibit B; and
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WHEREAS, Developers understand and acknowledge that it is the policy of the City to not
provide sewer service outside the City; and that for properties to connect to the gravity line and
lift station to be constructed by Developers, the City requires that the Owner agree to annexation
to the City.
NOW, THEREFORE, BE IT RESOLVED that the parties agree to all of the following:
1. An interim connection to the trunk sewer line in Chum Creek for Developers to
develop up to 225 single-family dwelling units on their property.
2. Issue to Developers, upon application therefore, subject to the recording of a final
subdivision map in compliance with City procedures and regulations, all necessary building
permits,occupancy certificates,or other required permits for the construction,use,and occupancy
of the Project, subject to (a) compliance with this Agreement, and the City's Building Code
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requirements in force as of the date of this Agreement, and (b) payment of City's usual and
customary fees and charges for such applications, permits and certificates, and any utility
connection, zone of benefit, use permit, and charges of general application.
3. Development shall be limited to 225 household units within the Tierra Oaks
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Subdivision. No occupancy permits will be issued until the pump station and interim line, which
would consist of the force main and gravity line, have been constructed, inspected, and accepted
by the City for operation.
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4. Developers shall be responsible for construction of the temporary lift station, force
main, and gravity line to the City's Churn Creek interceptor via Oasis Road. Developers shall be
responsible for all necessary right-of-way, permits, and design to provide for the construction of
the interim sewer connection. The lift station, force main, and gravity line, shall be constructed
to City of Redding standards. Prior to building the sewer-lines and lift-station as shown on
Exhibit B, the plans and specifications shall be approved by the City of Redding Department of
Public Works (Public Works). All work shall be inspected by City inspectors and constructed and
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completed per the approved plans prior to acceptance of the lines and lift station by the City. The
Developers would be required to provide for the annual operating costs to maintain the sewer lift
istation via a homeowners' association or other means to provide the annual maintenance and
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operation fund of $5,000. The first payment shall be made when the lift station becomes
operational.
5. Developers shall contribute $292,500 (225 units x $1,300/HE), which is considered
the development's fair share of the proposed middle and upper Stillwater sewer-assessment
district. This fee shall be paid pro rata upon recordation of the final map for each phase of
development and will provide the funding for the construction of the sewer lines necessary as a
part of the upper and middle Stillwater sewer-assessment districts, which will also provide for the
abandonment of the temporary pump station and interim connection.
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 parallel the Eastside interceptor to
i provide adequate capacity. The $250,000 shall be paid upon connection to the City's Salt Creek
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sewer trunk or by July 1, 1991, whichever occurs first.
7. As each housing unit is connected to the sewer system within the development, a
connection fee shall be paid to the City consisting of the current plant-expansion fee in place at
the time of connection, along with a special benefit fee to cover the future construction of the
lower Stillwater line and permanent lift station. The current plant-expansion fee is $1,075,
effective July 1, 1990. The current special benefit fee shall be $825, based on estimated costs
for the construction of a 5.0 MGD capacity trunk line and lift station which would serve
approximately 4,000 household equivalents. The special benefit fee would be adjusted annually
by the Engineering News' twenty (20) cities' average Construction Cost Index.
8. City shall provide the opportunity for the Developers to obtain a reimbursement
agreement for future connections by others to the portion of the interim connection that is gravity
to the City's Chum Creek interceptor. Reimbursement shall be based on the actual cost to build
the line by an independent and qualified low bidder hired by Developers. Reimbursement shall
include easement-acquisition costs, engineering costs, construction inspection costs, and City
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legal fees related to construction of the line. Reimbursement shall only be from properties within
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the City unless there is specific approval of the City Council otherwise.
9. City retains the right to amend the General Plan and zoning of this area at any time
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pursuant to the procedures in the Redding Municipal Code and in accordance with the Redding
General Plan.
10. Annexation. Developers agree to take an active role in the pursuit of annexation to
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to the City, nor shall Developers
the City and to not withdraw the request to annex said property
take any action to discourage the completion of the annexation proceedings contemplated by the
annexation request.
11. Redding Municipal Code. All of the provisions of Redding Municipal Code
Chapter 14.16 shall be and are hereby incorporated into this Agreement.
12. Successors in Interest. This Agreement shall constitute a covenant running with the
land and shall be binding upon Owner's successors in interest.
13. Electric Substation. Developers shall dedicate approximately ten acres in the
northeast comer 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 e
made to City no later than June 30, 1991.
representatives,
Developers agree to and shall hold City, its officers, agents, employees, and
i re ives, harmless from liability for damage or claims for damage for personal injury,
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including death, and claims for property damage which may arise from the direct or indirect
operations of the indemnifying party or its contractors, subcontractors, agents, employees, or
other persons acting on its behalf in relation to the construction undertaken by the indemnifying
party. This hold-harmless agreement applies to all damages and claims for damages suffered
or alleged to have been' suffered by reason of the operations referred to in this paragraph,
supplied, or approved plans or specifications or both,
regardless of whether or not City prepared,
and regardless of whether or not the insurance policies referred to in Paragraph 15 are
applicable.
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15. Insurance. Before beginning work on the sewer improvements, Developers shall
cause the insurance required under this paragraph to be issued and thereafter to be maintained
during the term of this Agreement or until the off-site improvements are accepted by the City.
Said insurance shall extend to City, its elective and appointive boards, commissions. officers
agents, employees and representatives, and to the owner of the parcel on which the building
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construction is commenced. Said insurance shall include the following:
i a. Com pe
nsation Insurance. Worker's compensation insurance for all persons
employed at the site. The Developers agree to indemnify City, its officers, agents, employees,
and representatives, for any damage resulting from failure to take out and maintain such
insurance.
b. Public Liability and Property Damage Insurance. Public liability insurance in an
i amount of not less than One Million Dollars ($1,000,000.00) combined single limit.
16. This Agreement, and all of the terms and conditions hereof, shall be binding upon and
inure to the benefit of the parties and their respective assigns, heirs, or other successors in
interest.
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17. The parties acknowledge that, in entering into and performing this Agreement,
Developers are acting as an independent entity and contractor and not as an agent of the City
in any respect.
� 18. Amendment or Cancellation. This Agreement may be amended or canceled in whole
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or in part only by mutual consent of the parties involved as signatories to the Agreement or their
I successors.
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19. Enforcement. Unless amended, canceled, or terminated as provided in Paragraph 18
hereinabove, this Agreement shall be enforceable according to its terms, notwithstanding any
change in City's applicable general or specific plan, zoning, subdivision or building regulations
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which alters or amends City's rules, regulations, and policies governing permitted uses of the
property, density, design, improvement and constructions standards, and specifications.
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20. Default by Developers.
a. Determination by City. Developers shall be in default under this Agreement upon
a finding or determination by City on the basis of substantial evidence, that Developers have not
complied in good faith with any of the terms of conditions of this Agreement. Developers shall
! not be excused from performance hereunder because of any failure of performance by any third
r any other governmental activity (unless the same be in
party, nor by adoption of any law o
violation of this Agreement) which makes performance by Developers unprofitable, more difficult,
or more expensive. This does not include any condition of approval or tentative map for
subdivision of the Developers or other properties.
b. Termination or Modification for Default. In the event of default by Developers,
City may terminate or modify this Agreement in whole or in part. City's failure to modify or
1 terminate this Agreement after finding a default of Developers, pursuant to Subsection (a) of this
Paragraph 20, shall not constitute a waiver of such default by City.
21. Remedies For Default. In the event of default by any party hereunder, a nondefaulting
party shall have available all remedies at law or in equity not otherwise provided for herein,which
remedies shall include, by way of illustration but not limitation, suits for injunctive or declaratory
relief, specific performance, relief in the nature of mandamus, or actions for damages. All of said
not exclusive of one another, and the exercise of any one or
remedies shall be cumulative and
more of said remedies shall not constitute a waiver or election with respect to any other available
remedy.
22. Superseding State or Federal Law. In the event that any State or Federal law or
regulation enacted or adopted after the date of this Agreement,
or other action of any
governmental entity not under the control of City, shall prevent or preclude compliance with any
of the provisions hereof, such provisions shall be modified or suspended only to the extent and
for the time necessary to achieve compliance with said law, regulations, or other governmental
action, and the remaining provisions of this Agreement shall be in full force and effect. Upon
repeal of said law, regulation, or other governmental action or occurrence of other circumstances
removing the effect thereof upon this Agreement, the provisions hereof shall be restored to their
full original effect.
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23. Notices. All notices required or provided for under this Agreement shall be---in writing,
shall be delivered in person or by certified mail, postage prepaid, addressed to the parties as
follows:
CIN: CITY OF REDDING
760 PARKVIEW AVENUE
REDDING, CA 96001
ATTENTION: DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT
DEVELOPERS: HARREL DAVIS
LOUISE DAVIS
P. O. BOX 686
REDDING, CA 96099
Any notice so delivered shall be effective upon the date of personal delivery or, in the case
of mailing, on the date of delivery or attempted delivery as shown on the United States Postal
Service Return Receipt. Any party may change its address for notice by giving ten (10) days'
notice of such change in the manner provided for in this paragraph.
24. Term of Agreement. The term of this Agreement shall commence on the date hereof,
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and shall continue for three (3) years as to the obligations of Developers for construction of
improvements. The City of Redding shalt be obligated to make reimbursements to Developers
for a period of ten (10) years from acceptance by the City of the contemplated improvements.
25. Time. Time is of the essence of this Agreement and of each and every term and
condition hereof.
26. Recitals and Exhibits. The Recitals of this Agreement and following exhibits to which
reference is made in this Agreement are deemed incorporated herein in their entirety:
EXHIBIT A - Lands of Developers
EXHIBIT B - Interim Sewer Connection
EXHIBIT C - Eastside Interceptor
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27. Signature Pages. For convenience, the parties may execute and acknowledge this
' Agreement on separate signature pages which, when attached hereto,shall constitute this as one
complete Agreement.
IN WITNESS WHEREOF, this Annexation and Development Agreement has been executed
by the parties as of the day and year first above written.
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DAMISCTAVIS.AGR
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AUTHORIZED SIGNATURE OF CITY
TO ANNEXATION AND DEVELOPMENT AGREEMENT
"CITY"
CITY OF REDDING, A
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Municipal Corporation
BY
j MIKE DAHL, VICE MAYOR
CITY OF REDDING
APPROVED AS TO FORM:
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BY
RANDALL A. HAYS, CITY ATTORNEY
ATTEST:
BY
ETHEL A. NICHOLS, CITY CLERK
STATE OF CALIFORNIA )
) ss
COUNTY OF SHASTA )
On this day of 1990, before me
a Notary Public for the State of California,duly commissioned
and swom, personally appeared and
personally known to me [or proved to me on the basis of satisfactory evidence]to be the persons
who executed the within instrument as Mayor and City Clerk of the City of Redding,the Municipal
Corporation executing the within instrument, and acknowledged to me that the Corporation
executed it.
NOTARY PUBLIC
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AUTHORIZED SIGNATURE OF DEVELOPER
TO ANNEXATION AND DEVELOPMENT AGREEMENT
BY 11' AIIJ 1&111m)
HAAFTEL DAVIS, DEVELOPER
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BY
LO ISE DAVIS, DEVELOPER
State of
On this the day of 19 .before me,
SS.County of i;�:�-�-��'-� r•�,
the un ig Notary Public,personally appeared
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Int C
epersonaly known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)_ — subscribed to the
within i nt,and acknowledged that executed iL
WI SS my and official seat.
C
' Notary's Signature
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OFFICIAL SEAL
E .":iE REEDY
NOT?, �iELIC-CALIFORNIA
C. in SHASTA County
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Pnn�ips►C OCt. 11.1992
M Commission Expires
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