HomeMy WebLinkAboutMendocino Brewing Company 1995-10-01AGREEMENT TO IMPLEMENT CONDITION OF APPROVAL (Mendocino Brewing
Company)
This Agreement is made and
October , 1995, by and between
a corporation duly organized and
with the laws of the State of Cal-
of Ukiah ("City"), a general law
entered in Ukiah, California on
Mendocino Brewing Company, Inc.,
existing under and in compliance
fornia ("Mendocino") and the City
municipal corporation.
RECITALS:
1. On August 16, 1995, the City Council of the City adopted
Resolution 96-12, approving a Use Permit for Mendocino's project in
the Airport Business Park (ABP).
2. Under condition no. 37 of the use permit Mendocino agreed
that it will contribute to off-site capital improvement funds
established pursuant to Ukiah City Code section 9543 to pay for
road and intersection improvements identified as mitigation
measures in the Environmental Impact Report (EIR) certified for the
project.
AGREEMENT:
In consideration of the above-recited facts and the terms and
conditions as further stated herein, the parties hereby agree as
follows:
1. Mendocino agrees to pay off-site capital improvement fees
pursuant to condition 37, if the City determines that the street
and intersection improvements identified in the certified EIR for
Mendocino become necessary to mitigate traffic impacts caused, in
part, by Mendocino. The mitigations are described in the excerpt
from the EIR attached hereto as Exhibit A and incorporated herein
by reference. Mendocino shall pay its proportionate contribution
based on a resolution or resolutions adopted by the City Council
pursuant to Ukiah City Code section 9543. Notwithstanding the
provisions of said section, Mendocino shall pay the fee or fees
imposed upon it pursuant to this paragraph not later than sixty
(60) days following adoption of said resolution or resolutions. In
lieu of a cash payment to the fund or funds for said off-site
capital improvements, Mendocino may agree to deposit the funds
required by any such resolution upon demand by the City and provide
security for the performance of that agreement satisfactory to the
City, including a letter of credit, certificate of deposit, or
corporate surety bond.
2. If Mendocino fails to comply with its obligations under
this Agreement, City shall have the right to deny Mendocino any
permits or other authorizations it requires in the operation of its
business and, in addition to any other remedies available in law or
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October 10, 1995 1
equity, the City shall have the right to bring a legal action to
recover the fees or costs Mendocino owes under said resolution or
resolutions. In any such action Mendocino expressly waives any
objection it might otherwise have to venue in Mendocino County or
any right to a change of venue or a judge from a neutral forum.
3. In any action brought to enforce the terms of this
agreement, the prevailing party shall be entitled to its costs of
suit, including expert witness and attorneys' fees.
4. The respective signatories to this agreement warrant and
represent that they are authorized to sign this agreement on behalf
of the party he or she represents and that this agreement is
binding on that party.
5. This agreement shall be binding on any party who succeeds
to Mendocino's interests in the Mendocino Bottling Plant, but may
not be assigned without the prior written consent of the City.
6. This agreement may be executed in duplicate originals,
each bearing the original signatures of the parties and when so
execute=d, each such duplicate shall be admissible in any judicial
or administrative proceeding as proof of the terms thereof.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
MENDOCINO BREWING COMPANY, INC. CITY OF UKIAH
By: Bytrel-Schneiter, Mayor
Its: /AT/
Cady McK4y, City(,,' Clerk
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October 10, 1995 2