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HomeMy WebLinkAboutReso. 1987 - 191 - Approving the agreement dated june 2, 1987 for reimbursement of development costs between the icty of redding and drake homes RESOLUTION NO. 87-/71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT DATED JUNE 2, 1987, FOR REIMBURSEMENT OF DEVELOPMENT COSTS BETWEEN THE CITY OF REDDING AND DRAKE HOMES, AND AUTHORIZING THE MAYOR TO SIGN SAME. 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 Agreement for reimbursement of development costs between the City of Redding and Drake Homes, a true copy of which. is attached hereto and incorporated herein; and 2. That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement and 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 16th day of June , 1987 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen, & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: FOR2,APPROVED: ETHEL A. NICHOLS, City Clerk NDALL A. HAYS, ity Attorney 1 . ' . . AGREEMENT Reimbursement of Development Costs THIS AGREEMENT entered into this day of St,/'1l , 1987 , by and between DRAKE HOMES, of 1350 East Lassen Avenue, Suite 7, Post Office Box 1448 , Chico, California 95927, herein- after referred to as "DEVELOPER, " and the CITY OF REDDING, a Municipal Corporation and general law city, hereinafter referred to as "CITY" : WITNESSET H: WHEREAS , DEVELOPER has constructed, at its own cost and expense , a sanitary sewer line, the location and route of which is shown on the diagram attached hereto as Exhibit "A" and incorporated herein by reference, hereinafter called "the line"; and WHEREAS, DEVELOPER wishes to deed the line to the CITY, and CITY wishes to accept the same; WHEREAS, Title 14 of the Redding Municipal Code authorizes the CITY to reimburse DEVELOPER for its costs of construction of the line from connection charges collected by the CITY from other connectors to the line as such charges are required by the CITY and paid at the time of subsequent connections; and WHEREAS , this Agreement, when executed by all parties , replaces the Agreement for Reimbursement of Development Costs • 111 entered into between the parties hereto dated October 24 , 1986, approved by the City Council of CITY under Resolution No. 86-298; NOW, THEREFORE, IT IS AGREED as follows; 1 . CITY shall reimburse DEVELOPER for its development costs of construction of the sanitary sewer line, as set forth in paragraphs 3B and 3C below, from the connection charges charged to and collected from connectors to the line extension in accordance with and subject to the provisions of Title 14 of the Redding Municipal Code. 2. CITY reserves the right, at any time, to increase or decrease the established rates for sewer connection charges; and in the event of any such change in rates, reimbursement to the DEVELOPER shall be in accordance therewith as to all subsequent connections. 3. The total of the development costs that DEVELOPER is out-of-pocket is the sum of $215, 254 . 80, of which: A. The sum of $123, 811 . 20 is attributable to parcels numbered 6 through 9 as shown in the shaded area on the attached Exhibit "A, " Assessor' s Parcel Nos. 72-190-62, 63, 64 and 65 , owned by DEVELOPER (based on an estimated development potential of said parcels of 240 units, calculated at $515. 88 per unit) . It is understood and agreed by DEVELOPER that the CITY will not collect DEVELOPER' s development costs of $123 , 811 . 20 from subsequent connectors to parcels 6 -2- 111 • through 9, nor reimburse DEVELOPER for its developments costs of $123, 811 . 20 attributable to parcels 6 through 9; that DEVELOPER will recoup said costs in its future development and sale of said parcels 6 through 9. B. The sum of $57, 657. 60 is eligible for reimbursement to the DEVELOPER and is attributable to parcels numbered 2 through 4 as shown in the dotted area on the attached Exhibit "A, " Assessor' s Parcel Nos. 72-180-07 , 72-180-08 and 72-180-21 (based on an estimated development potential of said parcels of 128 units, calculated at $450. 45 per unit) . C. The sum of $2, 623. 14 is eligible for reimbursement to the DEVELOPER and is attributable to parcel 1 as shown in the cross-hatched area on the attached Exhibit "A, " Assessor' s Parcel No. 72-190-19 (based on an estimated development potential of said parcel of 114 units , calculated at $23. 01 per unit) . D. The sum of $29, 921. 04 is eligible for reimbursement to the DEVELOPER and is attributable to Parcel 5 as shown in the shaded area on - the attached Exhibit "A, " Assessor' s Parcel No. 72-190-61 (based on an estimated development potential of said parcel of 58 units, calculated at $515 . 88 per unit) . E. It is further understood and agreed by and between DEVELOPER and CITY that the actual development -3- . • • potential of said parcels is not known by CITY at this time, but that the amounts eligible for reimbursement to the DEVELOPER for construction of the sewer line are and will remain as set forth in 3B and 3C above, namely: (a) $57, 657. 60 attributable to parcels numbered 2 through 5 shown in the dotted area on the attached Exhibit "A, " Assessor' s Parcel Nos. 72-180-07, 72-180-08 and 72-180-21; (b) $2, 623. 14 attributable to parcel 1 as shown in the cross-hatched area on the attached Exhibit "A, " Assessor' s Parcel No. 72-190-19; (c) $29, 921. 04 attributable to Parcel 5 as shown in the shaded area on the attached Exhibit "A, " Assessor' s Parcel No. 72-190-61 ; and that the sum of $153 , 732. 24 is and will remain attributable to the parcels owned by DEVELOPER as set forth in paragraph 3A above. 4 . The term of this Agreement shall be for a period of ten (10) years, commencing on the date hereof. Any connection charges collected by the CITY from the owners of the real property described as Assessor' s Parcels numbered 72-180-07, 72-180-10 , 72-180-21 , 72-190-19 and 72-190-61 , as shown on Exhibit "A" attached hereto, after the expiration of the term of this Agreement shall not be reimbursable to DEVELOPER. -4- 5. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 6. It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF REDDING : d :!M! l.d 11 MIKE DAHL, Mayor By: - -LA ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -5- 4k, ....„.._,- \ \ SOC / .--) (' L-/ . II • - , (> ...<: . 3 \ . ... 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