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HomeMy WebLinkAboutResolution 92-212 08/17/1992~es®ILltlOrl N®. 92-212 N.C.S. of the City of Petaluma, California 1 RESOLUTION AUTHORIZING 2 SPECIAL ASSESSMENT AGREEMENT 3 WITH THE COUNTY OF SONOMA 4 5 6 WIIEI~EAS, the County of Sonoma collects certain. special 7 assessments on behalf of the City; and 8 9 WI-IEIZEAS, the County of Sonoma will provide additional 10 services for the City's Special Assessment Districts at no additional cost to 11 the City. 12 13 N®W, THEItEE®RE BE IT IZESOI.VEI) that the City 14 Council authorizes the City Manager to execute the Special Assessment 15 Agreement with the County of Sonoma. `~ a o ° o 0 a Under the power and authority conferred upon this Council by the Charter of said City: REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to ' ~` on the . ~=€l~~Cit of da alouma at a~Regul~r) (~Atc~ffi~1~1) mee the a y y (g- tmg ...._ 1992..., by following vote: .....:~ • i, y ttor ey AYES: Read, Davis, Woolsey, Nelson, Vice Mayor Cavanagh NOES: None ABSENT: Sobel, Hi ' ~ oss e o ATTEST: ...-•-•-•-~ ...... ........ .~~'...-.-. ~::~"J,,,..,.~............... City Clerk Council File ...................••-----°---..... CA 10-85 Kos. No.... 9.2.-2.1.2........ v.cs. .......... -~....L~-..'..... -•- -- -- --.... . Vice 1llayor ..+ .. a D'ISTROCT PdAME G1TY OF FETALUMA, STATE OF CALIFORNIA A. The parties of this Agreement are the City of Petaluma (hereinafter called the City) and the County of Sonoma (hereinafter called the County, County officers, employees or agents). B. The effective date of this Agreement is C. In consideration of the mutual covenants and agreements set forth herein, the parties agree as follows: Section 1. The foregoing recitals are true and correct, and the parties expressly so acknowledge. Section 2. The County' shall pertorm such duties as expressly set forth in this Agreement, ~forthe fee described in Exhibit A Section 3. The County Auditor shall cause to be deposited with the City of Petaluma, the payments received from property owners on account of assessments levied. Section' 4. TheCity agrees to provide the County with copies of all bond documents necessary for the County to Complete its duties rn~:this agreement. Section 5. The County shall perform tfi'e following: a) C3uotes pay off of assessment to property owners, payments,to be sent directly to.City ofi Retaluma:. b) Coordinates segregation of.properties. ~ ~ , c) Releases all liens through the Recorder's office.:. d) .Coordinates all parcel number changes with. the Assessors o;ffice,. e) Notifies the' city's Finance .Director of all delinquencies. f) Submit charges to tax roll. _ Section 6. The terms and- conditions of this ,Agreement. are intended, for the mutual benefit of .the City and the County exclusively, and are not intended to give any third „party any rights or' claims, .contractual or otherwise, hereunder. Section 7: The City agrees to provide. the- County with the necessary information required to complete their duties. section Sa The City hereby releases and forever°discharges County and its officers, agents and employees from any and all claims, demands., liability,. costs and expenses, damages, causes of action, and judgments, in any manner. arising out of this agreement'or out of the performance, or attempted performance of the provisions -2- hereof, including, but not limited to, any act or omission to act by County or its officers, agents, employees or independent contractors directly responsible to County., provided that said act or omission is not caused. by active negligence or willful misconduct. section 8b The City agrees to and shall defend, indemnify and save harmless County and its officers, agent and employees from. any claims, demands, liability, costs, expenses, damages, causes of action, and judgments, in any manner arising out of this agreement or out of the performance or attempted performance of the provisions hereof, including, but not limited to, any act or omission to act by County or its officers, agents, employees or independent contractors directly responsible to County, provided that said aci or omission is not caused by active negligence or willful misconduct. Section 9. City agrees that its officers, agents and employees will cooperate with County by answering inquiries made to City by any person concerning City's special tax or assessment, and City agrees that its officers, agents and employees will not refer such individuals making inquiries to County officers or employees for response. section 10. City shall not assign or trarsfer this agreement or any interest herein. and any such assignment or transfer or attempted assignment or transfer of this agreement. or any interest herein by City shall be void and shall immediately and automatically terminate this agreement. -3- Section '11. This Agreement may be amended`by the Cify :and the County in wilting signed by both the:City and th-e County: Section 12. This. Agreement is made and entered into under the ~- Constitution and lawn of the State ~of California. which shall goue`rn the ;construction and enforcement~thereof. -4- COUNTI( Of SOlVOMA Sonoma County Treasurer-Tax Collector Date CITY OP PETALUMA 9/~/9z J~'hn S haver, City- Manager - -~ Finances Drect:~r; of Petaluma --~ , chard R. Rudnansk~, City Date X/3~~9z- Dat Date ATTEST: ~ -~ -~ ~- Pa cia ernard, City Clerk Date -5- CITY .OF PETALUMA, STAZIE OF :CALLFgR~iIA ~ ' SFECIAL ASSEB'SMEN'~' AGREEMEN'T' RATE' SCHEDULE h i EXHIBIT A '` ~ i FOR THE TERM OF THIS' .AGREEMENT; 'THE CITY SHALL COA4PEP$1lTE~ ,C FOR ADMjNI5TERING THE SPECIAL ASSESSMENTS BY PAYMENT OF EnIGHT DOLLARS ($8.00.} PER PARCEL FER INSTALLMEPdT BILLED. THE RATE OF COMP8INBATI'ON MAY BE CHANGED HY MiJTIT OIJNTNPER~PARCE ._. CITY AND `THE COUNTY BUT SHALL NOT EXCEED THE ~A~I ALLOWED T.O BE CHARGED TO EACH AS`SESSME~P~T UPIDER SECTI.0~3 8.6'$2 OF THE- YMPROVEMENT BOND ACT OF 191'5` OF THE` .STREETS AND. HIGH~OAX,S CODE.. _ ,^ COUNTY SHALL BILL CITY OFUTHIS AGR~EMENTOAGAINST~C.OLLECTZOY~SCa PURSUANT 'rO.PARAGRAPH 3 F SPECIAL AS~SESSMENT,S' FEE. '.