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Home My WebLink About1996-08-30 Packet CITY OF UKIAH CITY COUNCIL AGENDA Special Meeting CIVIC CENTER - COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 30, 1996 4:00 p.m. 1. ROLL CALL 2, AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. . RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 4. UNFINISHED BUSINESS a. Approval of Agreements Between the City of Ukiah and Redwood Business Park Owners, et al, for Extension of Airport Park Boulevard 5. CLOSED SESSION a. Conference with Legal Counsel Regarding Anticipated Litigation - Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9 (1 case) 6. ADJOURNMENT .. The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request AGREEMENT RE: ASSESSMENT DISTRICT FOR AIRPORT PARK BOULEVARD This Agreement is made and entered in Ukiah, California on August 30, 1996, by and between Redwood Business Park of Ukiah ("Redwood"), a California limited partnership, and the City of Ukiah ("City"), a general law municipal corporation. Collectively, the City and Redwood will be referred to herein as "the Parties." RECITALS: 1. The City's Redevelopment Agency ("Agency") and Redwood have entered an RDA/Redwood Agreement Re: Airport Park Boulevard ("Project Agreement") under which Redwood and Agency have agreed to share the cost of constructing a portion of Airport Park Boulevard ("Boulevard") and associated utilities ("the Project") within public right of way located within the Redwood Business Park ("RBP") which is a commercial and industrial planned development owned by Redwood. The Project is being undertaken by the Agency to meet its contractual obligations to provide access and utilities to property it sold immediately to the south of RBP. True and correct copies of a map showing the ABP is attached hereto as Exhibit 1 and of the Project Agreement as Exhibit 2. Exhibits 1 and 2 are incorporated herein by reference. 2. Under the Project Agreement, Redwood pays one half (1/2) the actual costs of the Project, as specified in the Project Agreement, in three installments due and payable as the next three parcels in the RBP sell. Redwood will secure its obligation to make these installment payments by executing and recording a deed of trust on specified property owned by Redwood within the RBP which names Agency as the beneficiary. 3. In the Project Agreement, the Parties agree that Redwood's payments under the agreement represent its entire obligation to pay any costs associated with the construction of the Project. 4. The Parties recognize that in addition to its share of the costs of the Project, Redwood will be required to pay all of the costs of constructing the remainder of the Boulevard and utilities within the RBP in accordance with approved improvement plans for the RBP. AGREEMENT: In consideration of and reliance upon the above,recited facts and the terms and conditions as further stated herein, the Parties hereby agree as follows: 1. Future Formation of Assessment District. If Redwood fully complies with the Project Agreement, City shall not form any assessment district that includes lots or parcels within the RBP or s:~u\agrmts96\redwood.ass August 30, 1996 otherwise impose on any lot or parcel within the RBP a fee, charge, assessment or obligation to pay all or any portion of the costs of constructing (a) the Project (as that term is defined in the RDA/REDWOOD: AIRPORT PARK BOULEVARD PROJECT AGREEMENT) or (b) any roadway or utility improvements at ABP. 2. Fair allocation of costs. The Parties agree that Redwood's obligations under the Project Agreement together with Redwood's obligation to construct at its own expense all remaining improvements to Boulevard and facilities for utility service in accordance with approved improvement plans for the RBP fairly apportions to lots or parcel with the RBP the costs of constructing the Project and roadway and utility improvements at ABP. 3. Application of laws. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California and the Parties agree to jurisdiction and venue in the courts of Mendocino County. 4. Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 5. Integration. This Agreement contains the entire agreement among the Parties, except with reference to agreements specifically identified herein and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 6. Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 7. Notices. Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered or 48 hours after it is deposited in the United Sates mail with proper first class postage affixed thereto and addressed as follows: REDWOOD City Gary Akerstrom Redwood Business Park 425 Talmage Ave Ukiah, CA. 95482 Candace Horsley, City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, California 95482 s:\u\agrmts96\redwood.ass August 30, 1996 Where this agreement imposes an obligation or grants a right based on receipt of a notice, notice shall be deemed received on the date the notice is personally delivered as stated above or faxed to City at 707-463-6204 and to Redwood at 707-462-5681. 8. Paragraph Headings. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 9. Duplicate Originals. This Agreement may be executed in one or more duplicate originals bearing the original signature of all parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. 10. Attorneys' Fees. In any action to enforce the terms of this Agreement, the prevailing party or parties shall be entitled to recover its attorneys' fees from the other party or parties. 11. Approval of This Agreement by the Parties. This Agreement shall become effective upon approval by Redwood and the City. Eac}] party shall furnish the other with written evidence that the Agreement has been approved by the Party and that the signatories are authorized to sign on behalf of the Party he or she represents. Said written evidence is attached hereto as Exhibits 3 (for Redwood) and 4 (for City). WHEREFORE, the parties have entered this Agreement on the date first written above. REDWOOD BUSINES~ PARK OF UKIAH BY:'~_~~rstro~,~' ' ~ecretary/Treasurer of ~j~/D~rado Estates Corp., general partner of Redwood Business Park of Ukiah CITY OF UKIAH ATTEST: MJr/e Gihntoli; Cit~ Clerk s:\u\agrmts96\redwood.ass August 30, 1996 · Commerce l 'WAL- MART Drive II1! image · REDWOOD BUSINESS PARK 'AIRPORT BUSINESS PARK · , ~ Vine... AIRPORT INDUSTRIAL PARK SITE MAP '5 .Scale I'- 500'~ EXHIBIT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING ASSESSMENT AGREEMENT AND AUTHORIZING MAYOR TO SIGN SAME. WHEREAS, the City Council has reviewed the Agreement Re: Assessment District for Airport Park Boulevard, attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the City Council has determined that the Assessment Agreement in combination with the Project Agreement and the Easement Agreement with Redwood Business Park of Ukiah is in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED that the agreement attached as Exhibit A is hereby approved and the Mayor is hereby authorized to sign the agreement on behalf of the City of Ukiah. PASSES AND ADOPTED this 30th day of August, 1996, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Fred Schneiter, Mayor CITY CLERK s:\u\resos96\redwood.ass August 30, 1996