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HomeMy WebLinkAboutReso. 1987 - 326 - Approving agreement entered into between City and RROS Co and authorizing Mayor to sign same /f• '. ' f . .1 % ESOLUTION NO. 87-326 � .� - I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ; APPROVING THE AGREEMENT ENTERED INTO BETWEEN THE CITY OF ` � REDDING AND RROS CO, A PARTNERSHIP, AUTHORIZING THE MAYOR TO r 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 RROS CO, A Partnership, 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 intro- - duced and read at a regular meeting of the City Council of the City of Redding on the 20th day of October , 1987, and was duly adopted at said meeting by the following vote: AYES• COUNCIL MEMBERS• Carter, Ful ton, Gard, Johannessen, & Dahl NOES: COUNCIL MENIDERS: None ABSENT: COtTNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None /s/ Mike Dahl MIKE DAHL, Mayor City of Redding ATTEST: � /s/ Ethel A. Nichols ETHEL A. NICHOLS, City Clerk FORM APPROVED: /s/ Randall A. Hays RANDALL A. HAYS, City Attorney � f' � s� s AGREEMENT THIS AGREEMENT, entered into on the day of , 1987 , I by and between the CITY OF REDDING, hereinafter called "City, " � ; � and RROS CO, a Partnership, hereinafter called "Owner, " WITNESSETH RROS CO, a Partnership, as the owner of property located on Fig Tree Lane, Redding, California, in the County of Shasta, also described as Shasta County Assessor ' s Parcel No. 056-090-06 , hereby makes the following agreements with the City, for the purpose of satisfying the conditions of approval of City of Redding Annexation No. 85-9 , (A-150-177-000) . 1 . Owner shall be responsible for construction of water-system improvements consisting of installation of a twelve inch ( 12" ) water main on Fig Tree Lane to extend from the . existing City water line on Airport Road to within ten feet ( 10 ' ) inside the west corner of Owner property line. The water system shall be constructed in accordance with City of Redding standards and be completed within six months of the annexation. 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. - 1 - / : / ...�� � . � • It is understood that the system, as .proposed, will provide � fire protection only. If at a later date 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 . City shall honor Shasta County Use Permit No. 157-87 , which is attached hereto. No conditions of the Use Permit have i been met as of the effective date of this Agreement. Owner shall meet all requirements with appropriate agency as designated on Use Permit until such time as annexation occurs, except for condition #21 , which shall also be approved by City Planning Director, if condition is met prior to annexation. Approval authority for all require- ments not completed on the effective date of the annexation shall be transferred to the appropriate City department as of the effective date of annexation. Within two weeks of the effective date of annexation, Owner shall submit adequate documentation to City that all Use Permit requirements. to that point have been met . 3 . 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 annexation request . - 2 - / . f i' � �': � 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 ( itled in addition to any other relief, to recover � �� ent , 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 Co3e Section 14 . 08 . 050 A-F, shall be and are hereby incorporated into this Agreement. 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. RROS CO By ROBERT MOSF.MAN By STEVE..N MOSEN�i CZTY OF REDDING By MIKE DAHL, Mayor FORM APPROVED: RA.*�TDALL A. HAYS , City Attorney . - 3 -