Agenda - Wednesday, July 6, 2016

Transcription

AGENDA
Special Meeting
Reno City Council
Wednesday, July 6, 2016 ● 12:00 PM
Reno City Council Chamber, One East First Street, Reno, NV 89501
Hillary Schieve, Mayor
Council Members:
Ward 1 – Jenny Brekhus
Ward 4 – Paul McKenzie
Ward 2 – Naomi Duerr
Ward 5 – Neoma Jardon
Ward 3 – Oscar Delgado
At-Large – David Bobzien
Public Notice: This agenda has been physically posted in compliance with NRS 241.020(3)(notice of meetings) at Reno City Hall – One East
First Street, Washoe County Downtown Reno Library – 301 South Center Street, Evelyn Mount Northeast Community Center – 1301 Valley
Road, McKinley Arts and Culture Center – 925 Riverside Drive, Reno Municipal Court – One South Sierra Street, Washoe County
Administration Building – 1001 East 9th Street and Reno-Sparks Convention and Visitors Authority – 4001 South Virginia Street, Suite G. In
addition, this agenda has been electronically posted in compliance with NRS 241.020(3) at http://www.reno.gov, and NRS 232.2175 at
https://notice.nv.gov/. To obtain further documentation regarding posting, please contact Ashley D. Turney, City Clerk, 1 East 1st Street, Reno,
NV 89505, (775) 334-2030; [email protected].
Accommodations: Reasonable efforts will be made to assist and accommodate physically disabled persons attending the meeting. Please contact
the City Clerk’s Office at (775) 334-2030 in advance so that arrangements can be made.
Supporting Material: Staff reports and supporting material for the meeting are available at the City Clerk’s Office, and on the City’s website at
http://www.reno.gov/meetings. Pursuant to NRS 241.020(6), supporting material is made available to the general public at the same time it is
provided to the City Council.
Order of Business: The presiding officer shall determine the order of the agenda and all questions of parliamentary procedure at the meeting
pursuant to the Rules of the Reno City Council (City Council Resolution No. 7467, adopted May 26, 2010). Items on the agenda may be taken
out of order. The Reno City Council may combine two or more agenda items for consideration; remove an item from the agenda; or delay
discussion relating to an item on the agenda at any time. See, NRS 241.020(2)(c)(6). Items scheduled to be heard at a specific time will be heard
no earlier than the stated time, but may be heard later.
Public Comment: A person wishing to address the Reno City Council shall submit a “Request to Speak” form to the City Clerk. Public
comment, whether on action items or general public comment, is limited to three (3) minutes per person. Unused time may not be reserved by the
speaker, nor allocated to another speaker. No action may be taken on a matter raised under general public comment until the matter is included
on an agenda as an item on which action may be taken.
On specific agenda items, the presiding officer may prohibit comment if the content of the comments is a topic that is not relevant to, or within
the authority of, the City Council, or if the content is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive,
inflammatory, irrational or amounting to personal attacks or interfering with the rights of other speakers. Any person making willfully disruptive
remarks while addressing the Reno City Council or while attending the Reno City Council meeting may be removed from the room by the
presiding officer, and the person may be barred from further audience before the Reno City Council during that session of the Reno City Council.
See, Nevada Attorney General Opinion No. 00-047 (April 27, 2001); Nevada Open Meeting Law Manual, § 8.05.
In addition, any person willfully disrupting the meeting may be removed from the room by the presiding officer. See, NRS 241.030(4)(a); RMC
§§ 8.12.024, 8.12.027. Examples of disruptive conduct include, without limitation, yelling, stamping of feet, whistles, applause, heckling, name
calling, use of profanity, personal attacks, physical intimidation, threatening use of physical force, assault, battery, or any other acts intended to
impede the meeting or infringe on the rights of the Reno City Council, city staff, or meeting participants.
Watch Meetings: Certain Reno City Council meetings are streamed online when Reno City Council is in session in Council Chamber at
www.reno.gov/meetings and broadcast on Charter Channel 194.
Social Media: Follow @cityofreno for real-time updates on Twitter. Connect with the City of Reno on Facebook at
www.facebook.com/cityofreno.
Page 1
Agenda
Reno City Council
July 6, 2016
Agenda Items
1
Pledge of Allegiance
2
Roll Call
3
Public Comment (This item is for either public comment on any action item
or for any general public comment.)
4
Approval of the Agenda (For Possible Action) - July 6, 2016.
5
Staff Report (For Possible Action): Possible reconsideration of continuance from
the June 21, 2016 City Council meeting to the July 20, 2016 Council Meeting;
and, Award of Contract to abate hazardous materials and demolish two motels
(Golden West and Heart o Town) located at 520, 530 and 538 N. Virginia Street
to Q & D Construction in an amount not to exceed $216,463.69 (Blight
Mitigation Capital Projects Fund).
6
Public Comment (This item is for either public comment on any action item
or for any general public comment.)
7
Adjournment (For Possible Action)
Page 2
5
STAFF REPORT
Date:
July 6, 2016
To:
Mayor and City Council
Thru:
Andrew Clinger, City Manager
Subject:
Staff Report (For Possible Action): Possible reconsideration of
continuance from the June 21, 2016 City Council meeting to the July 20, 2016
Council Meeting; and, Award of Contract to abate hazardous materials and
demolish two motels (Golden West and Heart o Town) located at 520, 530
and 538 N. Virginia Street to Q & D Construction in an amount not to exceed
$216,463.69 (Blight Mitigation Capital Projects Fund).
From:
Allen Tryon, Associate Civil Engineer
5.
Summary: This project is to remove two blighted properties along the Virginia Street corridor
that have long been vacant and become attractive nuisances. Council is being asked to award a
construction contract to Q & D Construction in an amount not to exceed $216,463.69.
Prior Council Action: On June 21, 2016 City Council moved to continue this item to its
regularly scheduled meeting on July 20, 2016.
Discussion: There are three properties APN’s 007-502-09, 10 & 11 along N. Virginia Street that
two vacant motels occupy and have been deemed part of the downtown urban blight. The
Golden West and Heart o Town, will be mitigated for hazardous materials and removed from
these parcels.
Three bids were received and opened on June 7, 2016. Q & D Construction was the low
responsive, responsible bidder. No protests were submitted.
Legal Implications: The contract was competitively bid pursuant to Chapter 338 of the NRS.
Financial Implications: Funding for this contract is available through Blight Mitigation Capital
Projects Fund.
Recommendation: Staff recommends Council reconsider its motion to continue this item on
June 21, 2016 to the July 20, 2016 Council Meeting; and, Staff Recommends Council award the
contract to abate hazardous materials and demolish two motels (Golden West and Heart o Town)
5
on N. Virginia Street to Q & D Construction in an amount not to exceed $216,463.69 and
authorize the Mayor to sign the contract.
Proposed Motion: I move to approve staff recommendation.
Attachments:

Correspondence re E.3 - June 15, 2016

Demo Bid Opening (DOCX)

E.3 NNUDMC Demo SAD Agt Memo 062016

Correspondence re Item E.3 06-21-16
(PDF)
(PDF)
(PDF)
6/13/2016
IC
City of Reno Mail - Fwd: Agenda item E3, regarding demo of downtown motels
I
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5.a
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Beverly Beaty-Benadom <[email protected]>
- - - - - - - ~ (<;.-l(_
o _
Fwd: Agenda item E3, regarding demo of downtown motels
E.'3
1 message
Attachment: Correspondence re E.3 - June 15, 2016 (6891 : Golden & Heart Motel Demo)
Calli Wilsey <[email protected]>
Mon, Jun 13, 2016 at 12:07 PM
To: CityClerk <[email protected]>, Ashley Turney <[email protected]>, Beverly Beaty-Benadom <beatybenadom [email protected]>
Cc: Cynthia Esparza-Trigueros <[email protected]>, Barbara DiCianno <[email protected]>, Madeline Burak
<[email protected]>
Hi Ashley,
Please see the email below for inclusion in the public record for the 6/15 meeting. Thanks!
Calli
-------Forwarded message----From: Jim Pfrommer <[email protected]>
Date: Mon, Jun 13, 2016 at 10:16 AM
Subject: Agenda item E3, regarding demo of downtown motels
To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Cynthia Esparza-Trigueros
<[email protected]>, Barbara DiCianno <[email protected]>, "[email protected]" <[email protected]>, Madeline
Burak <[email protected]>
Cc: Alex Woodley <[email protected]>
Mayor Hillary Schieve
Reno City Council members
Reno City Manager Andrew Clinger
Mr. Alex Woodley
Regarding: Council meeting, June 15, Agenda item E.3.
I am a local CPA and one of 3 managers of the LLC that owns the majority of the block that includes Reno Vulcanizing.
We do not own the northerly 20 % that is still owned by the Reno Vulcanizing families. On this city block reside the
motels that are scheduled for demolition in July.
We are just the managers of the LLC; the members of the LLC are the actual owners of the land and buildings noted
above. The ownership of this land occurred when the members/owners repossessed the property in late 2014; in 2006,
the members/owners loaned significant sums of money in 2006. Due to the great recession, the loan went in default and
the lenders become owners via a deed in lieu of foreclosure. There are 68 owner/members, many of whom have nothing
in common with the others except for being co-members/owners of this land. Their common goal is to obtain a
reasonable return, via sale of the land, on their original loan amount.
The original owners, represented by Nick Pavich and Steve Polikalas, are not the current beneficial owners of this
property. Nick is one of the current 3 managers and, generally, my vote and that of the 3rd manager (another CPA)
control the LLC discussions.
https://m ai I.google.com/mail/u/O/?ui = 2&i k=d2c86f9790&view= pt&search= inbox&th= 1554b2934e8f68d0&si m I= 1554b2934e8f68d0
1/2
6/13/2016
City of Reno Mail - Fwd: Agenda item E3, regarding demo of downtown motels
5.a
We, the managers, were approached by the City of Reno to have the City front the cost to have certain buildings
demolished, with the caveat that all monies advanced by the City would be totally repaid upon the sale of the land. We
canvassed the members/owners in the LLC, who strongly believed this would be good for the city to rid the site of
vacant, unsightly buildings on Virginia Street. And, if it helped developers to see progress being made downtown, so
much the better.
Hopefully, with this email, I have clarified that:
Attachment: Correspondence re E.3 - June 15, 2016 (6891 : Golden & Heart Motel Demo)
a. the owners of the land and boarded up motels are simply your fellow citizens wanting to see things happen downtown
so that they can sell their land and recoup a decent amount of their original loan
b. the owners are thankful that the City of Reno has taken steps to remove blight, with the recorded deed of trust
ensuring that the City will be totally reimbursed. There is ample value from a future sale to reimburse the City.
I will try to speak at the June 15 Council meeting; but, I cannot get to Council chambers until 2:15. If you want me there
to ask questions of me and clarify something, please move the agenda item accordingly and advise me.
Sincerely,
James L Pfrommer
Co Manager, North Center Street Group LLC
Click Here to Send Files Securely
CONFIDENTIALITY - This message is intended to be confidential and directed only to the person or entity to whom it
is addressed above. Furthermore, the contents of this message and any attachments hereto may be subject to the
attorney-client privilege and/or work product doctrine and should not be disclosed to other parties, distributed, or copied
in any way. If you have received this message by error, please reply by email to inform us and delete any copies from
your hard drive. Thank you.
Calli Wilsey
Community Liaison
Office of Communications and Community Engagement
(775) 689-8459
1 E. First Street, Reno, NV 89501
https://m ai I.google.com/mai l/u/O/?ui = 2&i k=d2c86f9790&view=pt&search=i nbox&th= 1554b2934e8f68dO&si m I= 1554b2934e8f68d0
212
5.b
CITY OF RENO
PUBLIC WORKS
BID OPENING
Project: G100018 GOLDEN WEST AND HEART OF TOWN
MOTEL DEMOLITION
Contract Number:
G100018
Date and Time: June 7, 2016 @ 2:00 PM 8th Floor Conf. Room
No.
1
2
3
No.
1
2
3
Item
Base Bid
Force Account
Base Bid Total
Q & D Construction
5%
$216,463.69
Engineer’s
Estimate
Q&D
Construction
RTC
JM
Environmental
$150,000
$20,000
$170,000
$196,463.69
$20,000
$216,463.69
$263,639
$20,000
$283,639
$287,000
$20,000
$307,000
$20,000
$20,000
$20,000
Item
Base Bid
Force Account
Base Bid Total
Attachment: Demo Bid Opening (6891 : Golden & Heart Motel Demo)
APPARENT LOW BIDDER:
PROPOSAL GUARANTEE:
TOTAL (BASE + FORCE):
5.c
Reno City Attorney
Date:
June 20, 2016
To:
Mayor, City Council and City Manager
Thru:
Karl S. Hall, City Attorney
From:
Jonathan D. Shipman, Assistant City Attorney
Subject:
Item E.3; Demolition Agreement with Special Assessment Lien
_____________________________________________________________________________
Pursuant to Councilmember Brekhus’s request, attached for your review is the Demolition
Agreement with Special Assessment Lien (Dangerous Structure or Condition) dated March 7,
2016, between the City of Reno and Northern NV Urban Development & Management CO,
LLC.
Page 1 of 1
Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo)
MEMORANDUM
-'
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Mail Tax Statements to:
Owner at below address
APN:
Note: Per NRS 239B.030, this document does not contain personal information as
defined in NRS 603A.040.
.
DEMOLITION AGREEMENT with SPECIAL ASSESSMENT LIEN
(Dangerous Structure or Condition)
THIS AGREEMENT AND INDENTURE is by and between, and involves the following
Property:
Owner
City
Property
(include legal description)
Estimated
Cost
Northern NV Urban Development & Management
COLLC
City of Reno, a municipal corporation
1 East First Street, P.O. Box 1900
Reno, NV 89505
ATTN: Public Works
520 N. Virginia St. -APN 007-502-09
$50,000.00 based on an estimate. Actual amount
may vary based on demolition needs and
circumstances.
RECITALS
WHEREAS:
A
The City has alleged the that Property is a dangerous structure or condition within the
meaning ofNRS 268.4122 (8) and RMC 8.22.030, which allegations the Owner disputes.
However, rather than pursue criminal or civil proceedings to assess penalties and costs of
abatement, the parties desire to enter into a voluntary arrangement whereunder City will
demolish the structure and Owner agrees to repay to City the costs of demolition and agrees that
Demolition Agreement and Special Assessment Lien
Page 1
When recorded, retum to:
CityofReno
P.O. Box 1900
Reno NV 89505
Attn: Public Works
5.c
B.
Upon the order of its governing body, City is entitled under NRS 268.4122 (5) to
demolish the dangerous stmcture and recover costs as a special assessment lien which may be
collected at the same time and in the same manner as ordinary county taxes are collected and is
subject to the same penalties and the same procedure and sale in case of delinquency as provided
for ordinary county taxes.
NOW THEREFORE, in exchange for the mutual undertakings being entered into for the purpose
of promoting public safety and general welfare, the parties agree as follows:
§1
Demolition Agreement
a.
Owner hereby requests and consents to City going on the Property and
demolishing all structures and removing all building materials, foundations, driveways,
sidewalks, junk, debris, inoperable vehicles or junk appliances, and all weeds or other
landscaping that constitute a nuisance.
b.
City may enter an agreement with a private contractor to accomplish the
demolition and removal, and such contractor shall have the same contractual rights and
immunities as City does when working within the authorized scope of work.
c.
Owner represents, warrants and agrees that Owner has removed or caused to be
removed and retained all personal property of value to Owner and that City or its contractors
may demolish, take away, and dispose of (including salvage and sale) all improvements and
personal property on the Property without any liability to Owner.
d.
By signing below, Owner consents to City applying for and obtaining all
demolition and building permits and all contracts and other undertakings necessary to
accomplish the demolition and remoyal of improvements from the Property.
e.
To the fullest extent permitted by law, Owner agrees to indemnify, hold harmless
and defend City and its related parties from and against all claims and liability arising out of or in
any way connected with the condition of the Property. "Claims and liability" means all third
party claims, actions, damages, losses, judgments, injuries, costs and expenses, (including those
paid to settle the case) including but not limited to attorneys' fees and costs, including those
related to bodily injury, sickness, disease or death or to injury to or destruction of tangible
property (including the loss of use resulting therefrom) and other economic damages. "Defend"
includes the obligation to defend litigation at the indemnifying party's sole expense using
counsel that is reasonably acceptable to the indemnified party. Each indemnified party shall be
permitted to participate, if it chooses, in the defense of any action claiming liability, even if the
"Related Party" includes all contractors,
indemnified party is indemnified hereunder.
subcontractors, agents, employees and members of the City Council. The City, however, has an
affirmative duty hereunder to require its contractor(s) and subcontractor(s) to insure against its
Page2
City shall have a special assessment Lien against the Property as authorized by NRS 268.4122
(5).
5.c
I
acts or omissions with respect to environmental abatement and demolition undertaken pursuant
to this Agreement. Any agreement with. a contractor or subcontractor for such work shall require
that Owner and City are named as additional insureds under such insmance policy or policies.
"Act, error or omission" includes acts, failure to act, errors, or omissions that constitute
negligence, willful tortious conduct, or for which stric~ or imputed liability may be imposed as
dete1mined by a court of competent jurisdiction under applicable law, and further includes
breaches of this agreement and/or violations of law.
§2.
Repayment of Costs.
a.
City will present its budget of costs, fees, and change orders to Owner for
Owner's prior written approval which shall not be umeasonably withheld. Owner will have 72
hours from the presentation of costs to approve the budget and change orders. If approved~
Owner promises to pay to the order of City all costs and fees related to the demolition and·
clearing of the Property not later than 180 days from presentation of an itemized invoice
indicating the work that has been accomplished and costs and fees.
b.
If after the 180 days no payment is received regarding the amounts incurred under
§2 a, , the City may, after 30 days written notice to Owner, demand, pursue collection of all
amounts as a special assessment lien and Owner agrees to pay all costs of collection and
foreclosure of the lien. The assessment lien process shall comply with the time period of no less
than 36 months as prescribed in NRS 361.570, 361.585 & NRS 361.590. For clarity, no penalty,
interest or collection fees or costs shall accrue, or be owed to City, until the 36 months set forth
in this §2 b expil'es.
§3.
Special Assessment Lien.
a.
Owner understands and hereby agrees that all amounts due under §2 above shall,
without further action by City or its governing body, be a special assessment lien against the
Property from the time demolition begins which may be collected at the same time and in the
same manner as ordinary county taxes are collected and is subject to the same penalties and the
same procedure and sale in case of delinquency as provided for ordinary county taxes, including,
but not limited to taking deed to the Property and selling it.
b.
This document shall be recorded as evidence of the special assessment lien. If
Owner or a successor in title pays the full balance due, City shall record a notice that the special
assessment lien has been satisfied and released.
§4.
General Terms.
a.
Any forbearance, inaction, or failure to promptly pursue any remedy (whether
intentional or negligent) shall not be deemed a waiver of any default or remedy. Waivers must
Page 3
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5.c
b.
If any party hereto institutes any action or proceeding (including arbitration, if
authorized) against the other or others arising out of or relating to this Agreement, attorney's
fees and costs may be awarded to the prevailing party, as detennined by or otherwise allocated at
the discretion of the Coutt (or arbitrator).
c.
The laws of the State of Nevada, without regard to conflicts of law principles,
shall govern the interpretation and enforcement of this Agreement. All actions brought to
enforce this Agreement shall be brought in the Second Judicial District Court for the State of
Nevada.
d.
Each of the undersigned represents, warrants and agrees that Owner own(s) the
property in fee title and that on Owner's behalf he has the authority to enter into this agreement
and consent to the special assessment and that entering into this agreement, and executing this
agreem~nt does not violate any agreement, court order, or law.
e.
This Agreement integrates all of the tenns and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the parties
with respect to all or any part of the subject matter hereof. This Agreement may be executed in
counterparts and all counterpa1ts so executed shall constitute one agreement binding on the
parties hereto.
/i~~'_i_r_L_v_(_6__
Date_ _
State of Nevada
)
)
County of Carson City)
Acknowledgement
(NRS 240.1665)
This instrument was aclmowledged before me on
fVJ ev~1 <4)
2.o 1& by
~rt~k~~
Notary Public
Page 4
be expressed in writing signed by the waiving party, and a waiver of a default is limited to the
specific default identified in the written waiver and does not constitute a course of dealing or
implication that similar defaults will be waived in the future.
5.c
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Owner's managers
Date
State of Nevada
County of Washoe
)
)
)
/']..,1 f...
Acknowledgement in representative capacity
(NRS 240.1665)
This instrument was acknowledged before me on
J/,/ r1•S /(;(.,17J"7<1'rY.
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City
Attest:
Date
State of Nevada
County of Washoe
)
)
)
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(NRS 240.1665)
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le
This instmment was acknowledged before me on
{\-11...q?R-.Lf' L . .Sc i.1i))t['as
HAY'c(L
of the City of Reno Nevada.
by
tllUIHtlUUU IUllllllll l llUllUlttUllHUilllllltllllllllllHIUlf~lll! lllltltUffli
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ASHLEYD. TURNEY
I
Nolary Public • Slate of Nevada i
~ •..
,. Appolmmenl Reco1d&d In Washoe Counfy
~ • ·•
No: 16-1153-2 • Elqllres Januaiy29, 2020 j
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Page 6
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APN:
(Dangerous Structw·e or Condition)
Property:
Owner
City
Property
Estimated
Cost
COLLC
City of Reno, a municipal co1poration
1 East First Street, P. 0. Box 1900
Reno, NV 89505
ATIN: Public Works
530 N. Virginia St. -APN 007-502-10
circumstances.
RECITALS
WHEREAS:
A
abatement, the parties desire to enter into a voluntary aITangement whereunder City will
demolish the structure and Owner agrees to repay to City the costs of demolition and agrees that
Page 1
When recorded, return to :
City of Reno
P.O. Box 1900
Reno NV 89505
Attn: Public Works
5.c
B.
demolish the dangerous structure and recover costs as a special assessment lien which may be
collected at the same time and in the same manner as ordinary county taxes are collected and is
NOW THEREFOKE, in exchange for the mutual undertakings being entered into for the purpose
of promoting pub]ic safety and general welfare, the parties agree as follows:
§1
Demolition Agl'eement
a.
b.
c.
personal property on the Prope1ty without any liability to Owner.
d.
uccompli:;h the demolition und removal of improvementf.l from the Property.
e.
To the fullest extent permitted by law, Owner agrees to indemnify, hold harmless
any way connected with the condition of the Prope1ty."Claims and liability" means all third
related to bodily iajury, sickness, disease or death or to injury to or destruction of tangible
Page 2
City shall have a special assessment Lien against the Prope1ty as authorized by NRS 268.4122
(5).
acts or omissions with respect to environmental abatement and demolition undertaken pursuant
to this Agreement. Any agreement with a contractor or subcontractor for such work shall require
that Owner and City are named as additional insureds under such insurance policy or policies.
negligence, willful to1tious conduct, or for which strict or imputed liability may be imposed as
dete1mined by a court of competent jurisdiction under applicable law, and fmther includes
§2.
Repayment of CoA'ts.
a.
hours from the presentation of costs to approve the budget and change orders. If approved,
Owner promises to pay to the order of City all costs and fees related to the demolition and
b.
amounts as a special assessment lien and Owner agrees to pay aH costs of collection and
in this §2 b expires.
§3.
a.
b.
§4.
General Terms.
a.
Page 3
5.c
5.c
b.
fees and costs may be awarded to the prevailing party, as determined by or otherwise allocated at
the discretion of the Court (or arbitrator).
c. · The laws of the State of Nevada, without regard to conflicts of law principles,
shall govern the inte1pretation at1d enforcement of this Agreement. All actions brought to
enforce this Agreement shall be brought in the Second Judicial District Court for the State of
Nevada.
d.
agreement does not violate any agreement, court order, or law.
e.
This Agreement integrates all of the terms and conditions mentioned herein or
counterparts and all counterpat1s so executed shall constitute one agreement binding on the
patties hereto.
·
State of Nevada
)
)
Acknowledgement
(NRS 240.1665)
8~1<~~~
ELAINE KUSISTO
\
•
• ·;. ••
NQTJ\RY PUBLIC
STATE OF NEVADA
A.P.PT. No. 15-1616-3
MYAPPT. EXPIRES OCT. 3.2018
Page4
be expressed in writing signed by the waiving party, and a waiver of a default is limited to the
State of Nevada
)
)
County of Washoe
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)
(NRS 240.1665)
This instrument was acknowledged before me on C/~z.) (17 }"X.1; 0
by
Page 5
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City
Attest:
State of Nevada
County of Washoe
)
)
)
(NRS 240.1665)
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This instrument was aclmowledged before me on
f_p
MIL\..\\«.'=\ LSG\t~ as J.,..(A\..(o I(_
of the City of Reno Nevada.
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by
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ASHLEYD. TURNEY
Notaiy Public - Slate of. Nevada ~
Appointment Aecordod In Washoo Coun!y ~
No: 16-1163-2 • EJqllres Januaiy 29 2020;
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Page 6
5.c
APN:
(Dangerous Strncture or Condition)
Property:
Owner
City
Prope1ty
Estimated
Cost
COLLC
1 East First Street, P.O. Box 1900
Reno, NV 89505
ATIN: Public Works
538 N. Virginia St. - APN 007-502-11
circumstances.
RECITALS
WHEREAS :
A
abatement, the parties desire to enter into a voluntary arrangement whereunder City will
demolish the strncture and Owner agrees to repay to City the costs of demolition and agrees that
Page 1
When recorded, return to:
City of Reno
P.O. Box 1900
Reno NV 89505
Attn: Public Works
5.c
B.
demolish the dangerous structure and recover costs as a special assessment lien which may be
colJected at the same time and in the same mannet· as ordinary county taxes are collected and is
NOW TIIEREFORE, in exchange for the mutual undertakings being entered into for lhe purpose
of promoting public safety and general welfare, the parties agree as follows:
§1
Demolition Agreemettt
a. ·
b.
c.
personal property on the Property without any liability to Owner.
d.
accomplish the demolition and·removal of improvements from the Property.
e.
To the fullest extent permitted by law, Owner agrees to indemnify, hold hannless
any way connected with the condition of the Property."Claims and liability', means all third
related to bodily injury, sickness, disease or death or to injury to or destmction of tangible
Page 2
City shall have a special assessment Lien against the Properly as aulhorized by NRS 268.4122
(5).
acts or omissions with respect to environmental abatement and demolition unde1taken pursuant
to this Agreement. Any agreement with a contractor or subcontractor for such work shall require
that Owner and City are named as additional insureds under such insurance policy or policies.
negligence, willful tortious conduct, or for which strict or imputed liability may be imposed as
dete1mined by a court of competent jurisdiction under applicable law, and further includes
§2.
Repayment of Costs.
a.
hours from the presentation of costs to approve the budget and change orders. If approved,
Owner promises to pay to the order of City all costs and fees related to the demolition and
b.
amounts as a special assessment lien and Owner agrees to pay all costs of collection and
in this §2 b expires.
§3.
a.
b.
§4.
General Terms.
a.
Page 3
5.c
5.c
b.
fees and costs may be awarded to the prevailing party, as dete1mined by or otherwise allocated at
the discretion of the Court (or arbitrator).
c.
The laws of the State of Nevada, without regard to conflicts of law principles,
shall govern the interpretation and enforcement of this Agreement. All actions brought to
enforce this Agreement shall be brought in the Second Judicial District Couit for the State of
Nevada . .
d.
agreement does not violate any agreement, court order, or law.
e.
This Agreement integrates all of the terms and conditions mentioned herein or
counterparts and all counterparts so executed shall constitute one agreement binding on the
parties hereto.
State of Nevada
)
)
Acknowledgement
(NRS 240.1665)
Notary Public '
Page4
be expressed in writing signed by the waiving party, and a waiver of a default is limited to I.he
.'
5.c
Owner's managers
State of Nevada
County of Washoe
)
)
)
Date_ f- "f_7 ......
{t ""'"-i:r _ __
(NRS 240.1665)
C) 3/o7 /..':Jo J(:; by
Notary Public
Page 5
5.c
Date_3_/~/0--,~!-'--/i_,,_~-Attest:
&z_ _
Date---=-3+-'-j:"-'<-s+-'-/l___
State of Nevada
)
County of Washoe
)
)
Acknowledgement in i·epresentative capacity
(NRS 240.1665)
/;r::; bY?
This insb·ument was acknowledged befol'e me on ,3
+\(LL.f\£y t . ~~1wt as
J--.i Ri-foRof the City of Reno Nevada .
by
. . ............. .... u1 •11111 1u11101111u11111111IH HIU UIU.llttlhl• •n u •1 • ...... .
,. ·~~
ASHLEY 0. TURNEY
"'., :. :::··i; Notary Public - Slate of Nevada
1i; 1 1.' fJ~~~ ·
. ~.'.)~ .:·~!;'
,...
1
1
~
AppoMllmiml Rooonled lo Wasboo Counly )
Nn: 16-1153-2 ·Expires JanuillY 29, 2020 i
t • • l • IUUllllllUllOIHlllUfHllflllll"UUlllllUllUIUO;
Page 6
City
Attachment: Correspondence re Item E.3 06-21-16 (6891 : Golden & Heart Motel Demo)
5.d
5.d
5.d
5.d
5.d
5.d
5.d

Agenda - Wednesday, July 6, 2016

Transcription

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