HomeMy WebLinkAboutReso 91-299 - Ratifying Execution by the CM of the agreement for work of improvement dated 07/23/91 entered into between the COR & Donald Clearwater (Receiver) RESOLUTION NO. 91-,��?�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
RATIFYING EXECUTION BY THE CITY MANAGER OF THE
AGREEMENT FOR WORK OF IMPROVEMENT DATED JULY 23, 1991,
ENTERED INTO BETWEEN THE CITY OF REDDING AND DONALD
CLEARWATER (RECEIVER) .
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby ratifies the signature of the City Manager, on
behalf of the City Council of the City, of Redding, on the
Agreement for Work of Improvement dated July 23 , 1991, between
the City of Redding and Donald Clearwater (Receiver) , a true copy
of which is attached hereto and incorporated herein by reference.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a special meeting of the City Council of
the City of Redding on the 30th day of July, 1991 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Buffum
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST, 'O PPROVED.
ETHEL A. NICHOLS, dty Clerk RAi6ALL A. HAYS, ity Attorney
s
By Connie Strohmayer, Asst. City Clerk ` >
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,S;
AGREEMENT FOR WORK OF IMPROVEMENT
i THIS AGREEMENT is entered into on this the �3,� day of
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July, 1991, by and between DONALD CLEARWATER ("the Receiver") and
THE CITY OF REDDING, a municipal corporation formed under the laws
of the State of California, ("the City") , as follows:
WHEREAS, the Receiver is the duly appointed and acting
receiver of the property described in Exhibit "A" attached hereto
and incorporated herein by reference ("the Property") ; and
WHEREAS, on June 28, 1991, the City entered into an Agreement
of Purchase and Sale ("the Purchase Agreement") with National
Westminster Bank USA, a national banking corporation ("Nat West") ,
for the purchase of Nat West' s interest in the Property; and
WHEREAS, pending the consummation of the Purchase Agreement,
the City desires to make certain changes and improvements to the
Property so that an alternate and/or replacement source of
electrical power can be provided to the Property; and
WHEREAS, an alternate source of electrical power has been
recommended by the engineer advising the Receiver regarding the
long-term lay-up of the electrical facilities on the Property.
NOW, THEREFORE, for good and valuable consideration, the
parties hereto agree as follows:
1. Work of Improvement. The City shall be permitted on or
before August 6, 1991, to install at the Property the poles,
regulators, electrical transmission lines, and miscellaneous
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hardware and facilities (collectively "the Work of Improvement")
more particularly described and identified in the City of Redding
Electrical Department drawing No. E-1340C, a copy of which is
attached hereto, marked Exhibit "B" and incorporated herein by
reference.
2 . Installation - No Damage. The Work of Improvement shall
be installed or constructed, or if removed under Paragraph 8
hereof, removed in a good and workmanlike manner and in accordance
with the notes incorporated in such plans. The City warrants that
the Work of Improvement and all work in connection therewith
including removal under Paragraph 8 hereof, shall not in any way
damage the Property or any personal property thereon.
3 . Cost of Work of Improvement. The Work of Improvement
shall be at the City' s sole cost and expense and shall be installed
and constructed without the assistance or participation of the
Receiver or Nat West.
4 . Purpose. The purpose of the Work of Improvement is to
provide an alternate and/or replacement source of electrical power
to the Property.
5. Electricity to be Furnished by City. The City agrees to
furnish power to the Property by and through the Work of
Improvement within _ hours of a written request from the
Receiver. Any such power shall be paid for by the Receiver at the
City' s applicable rates.
6 . Indemnity. The City agrees to indemnify and hold the
Receiver and Nat West free and harmless of and from any and all
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liens, claims, debts, obligations, and suits, including any claims
for personal injury or death of any person, including any agent or
employee of the City, arising out of or connected with this
Agreement or the Work of Improvement, excepting only such liens or
claims caused by the sole negligence of the indemnitee arising
hereafter.
7. No Property Right. The City' s installation of the Work
of Improvement shall not create on the part of the City any right
in or to the Property, including but not limited to the Work of
Improvement, and shall not add to or enlarge the City's rights
under the Purchase Agreement.
8. Removal. If the Purchase Agreement is not consummated
by August 6, 1991, or at such later date as may be mutually agreed
to by the City and Nat West, the City shall, upon thirty (30) days'
written notice from the Receiver or Nat West, remove the Work of
Improvement at the City's sole cost and expense.
9. Complete Agreement. This Agreement contains the entire
understanding between the parties hereto concerning the subject
matter contained herein. There are no representations, agreements,
arrangements, or understandings, oral or written, between or among
the parties hereto relating to the subject matter of this Agreement
which are not fully expressed herein. This Agreement may be
amended or modified only by written agreement executed by both
parties hereto.
10. Attorneys' Fees. In the event that suit is brought to
enforce the provisions of this Agreement or to collect damages for
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any breach of this Agreement, the prevailing party shall be
entitled to recover litigation costs, including reasonable
attorneys' fees.
11. Equal Interpretation. This Agreement has been prepared
by the Receiver and the City and shall not be interpreted against
either party but shall be interpreted in a manner fair and
reasonable to both parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
DONALD CLEARWATER
CITY OF REDDING
B
Robert M. Christofferson
City Manager
F® APPROVED
crrY LEGAL. D&T.
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EXHIBIT "A"
. DESCRIPTIO~ .
All that certain real propertysituate in the Citt of Redding,
State of California, more particularlyCounty described as follows; t• of Shasta,
PARCEL 1 :
21, 1984 in Book 24 of Parcel 'laps at Page 118, Shasta CountyrRecords ecorde `°vembec
Parcel 1 as shown on Parcel Map so. 52-84 for W.
:axon BakerPARCEL 2:
An easement for utility purposes 10 feet in vidt.h over, under and across a stri
of land lying Easterly of an adjacent to the following described line: p
Beginning at the most Southeasterly corner of Parcel 1 as shown on Parcel Ma
No. 52-84 for W. Jaxon Baker recorded November 21, p
Maps at Page 118, Shasta Count• Records, 1984 in Hook 24 of Parcel
boundary of Clear Creek Road as showy. on said map; thence orner nNortht01 degrees
minutes 11 seconds East, a distance of 2614,e0 feet and the point Of termination
Of said line.
PARCEL 3:
An easement for electrical transmission lines and incidentals thereto over an
across a strip of land being 100 feet in width and lying Northerly of and d
adjacent to the most Southerly boundary of Parcel 1 described in the Deed to
J.F. Shea Co. , Inc. , dated November 30, 1984 and recorded 40vember 30
4 in
Book 2109, Page 661, Shasta County Records. Said Southerly boundary being the
Northerly boundary of Clear Creek Road as described in Parcel 1 therein. The
purpose of the easement shall include the installation maintenance and operation
of a high voltage electrical transmission line transmitting electricity to and
from Parcel 1 as shown on Parcel Map No. 52-84 for
November 21, 1984 in Book 24 of Parcel Maps at Page WIla, S hasta. axOneCounty Rci
ords.
PARCEL 4:
Y � .
An easement for electrical transmission line and incidentals thereto over a
across a strip 100 feet in width and lying Easterly of and adjacent to the nd
following described line:
Beginning at the most Southeasterly corner of Parcel 1 as shown on Parcel Map
No. 53-64 for W. Jaxon Baker recorded November 21, 1984 in Book 24 of Parcel
Maps at Page 118, Shasta County Records. Said Southeasterly corner being on the
Northerly boundary of Clear Creek Road; thence North 01 degrees 23 minutes 11
seconds East, a distance of .2614.00 feet termination of s
and the point of terminaid
line.
The purpose of the easements described as Parcels 3 and 4 herein shall include
the installation, maintenance and operation of a high voltage electrical
transmission line transmitting electricity to and from Parcel
Parcel Map No. 52-84 for W. taxon Baker, recorded November 21, �19841 as si�n Hook 24
of Parcel Maps at Page 118, Shasta County Records.
Together with the buildings, structures, improvements and facilities
thereon.
A
DRAWING NO.
/3�OC
SHEET OF
EXHIBIT B