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HomeMy WebLinkAboutSmith, Philip and Brenda 2005-05-23®5a 305 - AGREEMENT TO IMPLEMENT CONDITIONS OF APPROVAL AND COMPLETE REMAINING CONSTRUCTION TASKS FOR USE PERMIT 03-06 (Philip and Brenda Smith) This Agreement is made and entered in Ukiah, California on z3 , 2005 by and between Philip and Brenda Smith (Smith's) owners of property located at 345 Janix Drive (APN 001-040-75) and the City of Ukiah ("City"), a general law municipal corporation. RECITALS: 1. On May 14, 2005, the Ukiah Planning Commission Conditionally approved Use Permit No. 03-06 for Philip and Brenda Smith to construct a 2,575 square foot single family residence at 345 Janix Drive, Ukiah (APN 001-040-75). 2. The Smith's accepted all the imposed conditions and agreed to implement them as prescribed in the Use Permit Approval Agreement, dated May 16, 2005 (attached). 3. The single family residence has been constructed with the benefit of a required Building Permit, and the Smith's desire a final inspection and the grant of occupancy. 4. The required landscaping and other site improvements required to be finished prior to final inspection and the grant of occupancy have not yet been completed. 5. The Smith's have agreed to secure a performance bond or letter of credit to ensure the timely completion of the landscaping and other site improvements according to the correspondence between the City and the Smith's, dated April 26, 2005 (attached). AGREEMENT: In consideration of the above -recited facts and the terms and Conditions as further stated herein, the parties hereby agree as follows: 1. The City will conduct its final inspection and grant Philip and Brenda Smith occupancy to the single family residence at 345 Janix Drive (APN 001-040-75) if and when a satisfactory performance bond or letter of credit in the amount of $42,000 is delivered to the City Planning Director to fund the cost of any incomplete required landscaping and construction tasks as listed in the April 26, 2005 correspondence between the City and the Smiths. The work shall be completed according to the schedule in the April 26, 2005 correspondence. 2. If the Smiths fail to complete the work in accordance with the conditions of approval of their use permit and within the time required in the attached letter, the City shall have the right to contract for and complete those improvements at Smiths' expense, and shall have recourse to the bond or letter of credit to pay the costs thereof. If the Smiths fail provide access or otherwise cooperate in the completion of said improvements, the City may initiate proceedings to revoke their use permit and the failure to cooperate in the completion of the improvements shall be sufficient grounds for said revocation. 3. In any legal action to enforce or arising out of this Agreement or the bond or letter of credit, the Smiths expressly waive any objection they might otherwise have to venue in Mendocino County or any right to a change of venue or seek a judge from a neutral forum. 4. The parties agree that any such action is an action to enforce a City ordinance within the meaning of Ukiah City Code Section 2052. 5. Smiths acknowledge that the City and its residents have relied upon Smiths' agreement with all the Use Permit conditions of approval, including the landscaping and all site improvements and required construction tasks, that Smiths are barred from challenging this Agreement by, among others, the doctrines of estoppel, failure to exhaust administrative remedies, and failure to exhaust judicial remedies. 6. 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. 7. This agreement shall be binding on any party who succeeds to Smiths interests in the Project, but may not be assigned without the prior written consent of the City. 8. This agreement may be executed in duplicate originals, each bearing the original signatures of the parties and when so executed, 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. Po�t� emt�A' Brenda Smith 2 Community Development ATTEST: Marie Ulvila, City Clerk Savings Bank OF MENDOCINO COUNTY Member FDIC Amount: U.S. $42,000.00 Date: 05-18-05 Expiration: May 31, 2006 City of Ukiah Attn: Candace Horsley, City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Dear Sir or Madam: www.savingsbank.com A Full Service Community Bank Irrevocable Letter of Credit No: 050906 At the request of Phil and Brenda Smith, the account party, we hereby establish our irrevocable letter of credit in your favor for an amount not exceeding in the aggregate U.S. $ 42,000.00 available by your drafts at sight drawn on us in U.S. dollars and accompanied by the following documents: 1. A statement purportedly signed by the City Manager, City of Ukiah: "I certify that Phil and Brenda Smith are in default under the terms and conditions of that certain Agreement to Implement Conditions of Approval and Complete Remaining Construction Tasks for Use Permit 03-06 (Philip and Brenda Smith) and that accordingly the city of Ukiah is entitled to the amount requested. Each draft(s) must specifically state that it is "Drawn under Letter of Credit No.050906 dated "May 18, 2005" and must be accompanied by this letter of credit for endorsement hereon of the fact of its payment or of the amount of the drawing, as appropriate. Drafts drawn in accordance with the terms hereof will be duly honoredupon presentation to us at our above office together with the document(s) described above prior to 4:00 p.m. Pacific Time on May 31, 2006, at which time this letter of credit expires. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500. SAVINGS BANK OF MENDOCINO COUNTY By: Flo d A. Ross, Executive Vice President UKIAH MAIN SOUTH UKIAH HOPLAND NORTH UKIAH FORT BRAGG REDWOOD VALLEY MENDOCINO PEAR TREE 200 North School 1100 Airport Park Blvd. 13411 South Hwy. 101 904 North State 490 South Franklin 8431 East Road 10500 Lansing 414 East Perkins P.O. Box 3600 P.O. Box 3600 P.O. Box 455 P.O. Box 3600 P.O. Box 1269 P.O. Box 300 P.O. Box 687 P.O. Box 3600 Ukiah, CA 95482 Ukiah, CA 95482 Hopland, CA 95449 Ukiah, CA 95482 Fort Bragg, CA 95437 RedwoodValley, CA 95470 Mendocino, CA 95460 Ukiah, CA 95482 (707) 460OW 505:1)(707) 462-1496 (707) 744-1313 (707) 462-9787 (707) 964-4723 (707) 485-0381 (707) 937-0545 (707) 46&8933