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HomeMy WebLinkAboutHull, David J 2022-03-25; Addendum 1 2022-08-231 ADDENDUM TO PROPERTY PURCHASE-SALE/ EXCHANGE ANO DEVELOPMENT AGREEMENT AND JOINT ESCROW INSTRUCTIONS, DATED MARCH 25, 2022. Effective on August __, 2022, Section 2.2.5 of the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions ("Agreement"), effective March 25, 2022, by and between David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, a California limited liability company (collectively "Hull" or Developer"), and the City of Ukiah is hereby augmented as provided in this Addendum. Except as augmented by this Addendum, all other provisions of the Agreement remain unchanged and in full force and effect. RECITALS: 1. Under Section 2.2.5 of the Agreement, Hull agreed to install along the Road a trench and electrical conduit, including placement of splice boxes and box pads for equipment (boxes and box pads provided by the City at City's expense), conduit sweeps to splice box and equipment locations, and related improvements sufficient to house electrical lines and components for residential electrical service to the lots within the Hull Residential Parcels, which, as more particularly described in the Agreement, was collectively defined there as “Electrical Infrastructure,” and which is required to be installed in accordance with City’s Electric Department design standards. Under Section 2.2.6, Hull is required to give the City Electric Department notice that the Electrical Infrastructure has been installed in compliance with the City's duly adopted rules, policies and standards governing its Electric Utility, including, but not limited to, Division 4, Chapter 7, commencing with Section 4000 of the Ukiah City Code defined in the Agreement as "Electrical Utility Requirements") and approval thereof by the City. Under section 2.2.5 of the Agreement, City agreed to provide, at its expense, boxes and box pad and to install at its expense all electrical lines and components (defined in the Agreement as Electrical Utilities”) in and for the Electrical Infrastructure. Except as expressly stated in Section 2.2.5 and in this Addendum, all such improvements are, pursuant to that section, to be installed at Hull’s expense. 2. Hull and the City have agreed to modify the scope of Section 2.2.5 to include installation of an additional 2-inch conduit for the City’s exclusive use and an additional 4-inch spare conduit for the City Electrical Department’s use in providing electrical service to the Hull Residential Parcels and other uses provided any other use does not adversely affect the spare conduit’s use in increasing the reliability of electrical service to the Hull Residential Parcels (collectively, Additional Conduit”). Exhibit 1 contains detailed Electric Department specifications. Provision and installation of box, box pads, and Electrical Utilities (i.e. wire, transformers, splicing, insulation, etc.) for the Additional Conduit shall be at City’s expense. 3. How Hull and the City will share the cost of the purchase and installation of the Additional Conduit is also addressed in this Addendum. AGREEMENT: 23 DocuSign Envelope ID: F6EF617D-CE78-4885-BE7F-776574BB72F4 COU No. 2122-201-A1 2 Based on the foregoing recitals which are incorporated into this Agreement and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Hull and the City hereby agree as follows. 1. In addition to the Road & Development Improvements and Electrical Infrastructure described in Section 2.2.5 of the Agreement, Hull shall arrange for the purchase, trenching, and installation of the Additional Conduit. Hull or his contractor must notify the City Electric Department when the conduit to be installed by Hull is installed and obtain inspection of the work by the Electrical Department prior to filling in the trench for the Electrical Department to confirm that the trenching and installation work has been performed in compliance with Exhibit 1 hereto, Public Utilities Commission General Order 128, and all other Electrical Utility Requirements. Box, box pads, and Electrical Utilities (i.e. wire, transformers, splicing, insulation, etc.) for the Additional Conduit shall be at City’s expense and separate and apart from its share and payment of costs under this Addendum. 2. The City shall pay Hull 40% of the cost of the purchase, trenching, and installation of the Additional Conduit. The cost shall be based on an agreed sum of $108/ lineal foot of trench. As such, the City shall pay Hull the sum equal to $43.20/lineal foot of trench in which the Additional Conduit is installed regardless of whether the actual cost/lineal foot is greater or less than $108. This share of cost constitutes the only financial responsibility of the City for the Additional Conduit added to Section 2.2.5 by this Addendum. 3. Hull’s installation of the portion of the Electrical Infrastructure and Additional Conduit for which Hull is responsible shall fully comply with the specifications attached hereto as Exhibit 1, Public Utilities Commission General Order 128, and all other Electrical Utility Requirements. 4. The City’s share of costs shall be paid as follows: (1) a down payment of $34,560, representing approximately 20% of the parties’ estimate of total City costs at 4,000 lineal feet of trench; and, (2) the balance shall be billed and paid by the City as invoiced by Hull. Hull may invoice City as segments of the Additional Conduit are installed. Payment shall be made based on the number of lineal feet of Additional Conduit installed under the invoice multiplied by 43.20. Payment is due and payable to Hull within ten (10) days of invoicing. City may confirm final measurement of invoiced segments between the date of invoicing and the date payment is due. WHEREFORE, this Addendum is effective on the date first stated above. CITY OF UKIAH DAVID J. HULL, Individually, as Trustee of the DAVID J. HULL LIVING TRUST, and as managing member of D&J By: __________________ INVESTMENTS, LLC Sage Sangiacomo, City Manager By: _________________________ David J. Hull ATTEST: DocuSign Envelope ID: F6EF617D-CE78-4885-BE7F-776574BB72F4 3 Kristine Lawler, City Clerk DocuSign Envelope ID: F6EF617D-CE78-4885-BE7F-776574BB72F4 Certificate Of Completion Envelope Id: F6EF617DCE784885BE7F776574BB72F4 Status: Completed Subject: Kindly review and sign this document Source Envelope: Document Pages: 3 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 InfoTrack SignIT AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Level 8, 135 King Street Sydney, NSW 2000 esigning@infotrack.com IP Address: 54.82.26.167 Record Tracking Status: Original 8/23/2022 1:49:57 PM Holder: InfoTrack SignIT esigning@infotrack.com Location: DocuSign Signer Events Signature Timestamp David Hull davehullins@gmail.com Security Level: Email ID: 8881f0f6-a024-4ec6-8b62-60315aca7190 8/23/2022 1:51:57 PM Signature Adoption: Drawn on Device Using IP Address: 107.127.14.98 Signed using mobile Sent: 8/23/2022 1:49:57 PM Viewed: 8/23/2022 1:52:07 PM Signed: 8/23/2022 1:52:25 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 1:52:07 PM ID: c5cd9578-0018-4507-b42f-30121ffa02bc Kristine Lawler klawler@cityofukiah.com Security Level: Email ID: 2eea3d1a-8277-4bc7-917a-43c5e4218af6 8/23/2022 5:42:30 PM Signature Adoption: Drawn on Device Using IP Address: 76.132.236.107 Signed using mobile Sent: 8/23/2022 1:49:57 PM Viewed: 8/23/2022 5:42:38 PM Signed: 8/23/2022 5:43:07 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 5:42:38 PM ID: 8a13c541-5b52-40fe-99a9-d2dac183c174 Sage Sangiacomo ssangiacomo@cityofukiah.com Security Level: Email ID: 9352b287-0808-405e-8bfe-4f5fa6a8b6cf 8/23/2022 4:08:44 PM Signature Adoption: Pre-selected Style Using IP Address: 12.12.163.2 Sent: 8/23/2022 1:49:57 PM Viewed: 8/23/2022 4:08:53 PM Signed: 8/23/2022 5:22:36 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 4:08:53 PM ID: 94705da9-97cf-497d-9711-e07f5b33e59d In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/23/2022 1:49:58 PM Certified Delivered Security Checked 8/23/2022 4:08:53 PM Signing Complete Security Checked 8/23/2022 5:22:36 PM Completed Security Checked 8/23/2022 5:43:07 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, InfoTrackUS (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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