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HomeMy WebLinkAboutReso. 1989-291 - Approving the agreement between the city of redding and roger mills, jr P411s. t RESOLUTION NO. 77-02 9) a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND ROGER MILLS, JR. , 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 between the City of Redding and Roger Mills, Jr. , 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 15th day of August , 1989, and was duly adopted at said meeting by the following vote: II AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None XI, A 579-- SCOTT CARTER, Mayor City of Redding ATTEST: f /„.dee-6 ETHEL A. NICHOL , City Clerk FORM APPROVED: 'L Di L A. HAYS, City Atto ney I I AGREEMENT l n^ THIS AGREEMENT, entered into on the c-1 day of q , 1989, by and between the CITY OF REDDING, hereinafter called "City," and ROGER MILLS, JR. hereinafter called "Owner," WITNESSETH Roger Mills, Jr. , as the owner of property located on Airstrip Road, Redding, California, in the County of Shasta, also described as Shasta County Assessor's Parcel No. 109-060-20, hereby makes the following agreements with the City, for the purpose of satisfying the conditions of approval of City of Redding Annexation No. 89-9 (A-150-215-000) . 1. Owner shall have the option of sewer-system improvements consisting of installation of an eight-inch (8") sewer line in Airstrip Road to extend II from the existing City sewer line, southerly approximately 325' to within I ' ten feet (10' ) inside the northeast corner of Owner property line. The 1I sewer system shall be constructed in accordance with City of Redding standards. Public utility easements shall be provided by the Owner, if necessary, for all sewer lines at no expense to the City of Redding. Upon completion and acceptance of the sewer system, the City will assume responsibility for its maintenance and operation. it 2. Owner agrees that they shall not withdraw the annexation request to annex said property to the City, nor shall they take any action to discourage the completion of the annexation proceedings contemplated by the annexa- tion request. II � it - 1 - ' � I • S • 3. If a legal action or proceeding is brought by either party because of 1 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. � I 4. All of the provisions of Redding Municipal Code Chapter 14. 16 shall be and are hereby incorporated into this Agreement. I � This Agreement shall constitute a covenant running with the land, and shall be bindi-g upon Owner's successors in interest. IN WI=NESS WHEREOF, the parties have executed this Agreement on the day and I � year first above written. ATTES=: OWNER By 1// . • ETHEL A. NICHOLS, City Clerk ROG MILS, JR. / FORM APPROVED: CITY OF REDDING By RANDPLL A. HAYS, City Attorney SCOTT CARTER, Mayor II - 2 -