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Home My WebLink AboutRESO 5834-------------------------------------- .. ORIGINAL RES0Ll11' ION NO. 5834 RESOLDTION OF THE COUNCIL OF THE CITY OF PALO ALTO CONFIRMING WEED ABATEMENT REPORT AND ORDERING COST OF ABATEMENT TO BE A SPECIAL ASSESSMENT ON THE RESPEC'l'IVE PROPERTIES HEREIN DESCRIBED WHEREAS, the Council of the City of Palo Alto has heretofore declared weeds growing on certain properties within the City to be a public nuisance by Resolutior No. 5759 dated january 7, 1980; and WHEREAS, the Council on February 12, 1979, did adopt Resolution No. 5771 thereby ordering the weed nuisance abated; and WHEREAS, subsequent to the giving of said notice, the Director of Public Works, through his Administrator, the Santa Clara County Acting Fire Marshal, has caused to be abated the weeds on the herein described properties; and WHEREAS, the Director of Public Works, through his Administrator, the Sant.a Clara County acting r'ire Marshal, has filed his report and assessment list for weed abatement as provided by law and a hearing has been duly set for objections to said report and assessment list and for confirmation; and WHEREAS, the Council has duly considered the report and assessment list and any objections thereto; NOW, THEREFORE, the c~~~~il of the City of Palo Alto does RESOLVE as follows: SECTION 1. The report and assessment list is in al 1 respects ccmplete and correct,. and is hereby conf irrned, and the amounts of the cost for abating the nuisance are confirmed and those remaining unpaid, as shown on Exhibit •A" attached hereto and incorporated herein shall constitute special assessments against the re::;pective parcels of land and are a lien on the property for the amount of the respective assessment. SECTION 2. All written or oral protests or objections to said report and assessment li~t ~re overruled or denied. SECTION 3. The unpaid assessments as shown on Exhibit •A• shall be entered upon the 1980-81 tax roll against the parcels of land and shall be collected at the same time and in the same manner as general City laxes are collected, and be fur~her ~ubject to the same interest and penalties, and the same procedure and sale in c~se of delinquency as provided for ordi~ nary taxes. All laws and ordinances applicable to the levy, collection, and enforcem6nt of City ta~es are hereby made applicable to this special assessment. SECTION 4. The Council finds that the adoption of this resolution will have no significant adverse environmental impact. INTRODUCED AND PASSED: September 8' 1980 AYES: Brenner, Eyerly, Fletcher, Henderson, Levy 1 Renze1 1 Sher~ Wither~poon NOES: None ABSTENTIONS: None ABSENT: Fazzino APP=~~ FORM: l2c (2,. ~w~A Ci ty~torney APPROVED: Direct Engin ering ~ (}£h~ ~~~ -2- .. ' • CITY _ .... P .... •_lc......,A_l t_o __ r .1. CODI. __ a ..... 45.___ __ APll AMOUNT - 142~16-060 $ 567.00 142-18-044 126 • .36 142-20-008 108.00 141-0S·OSS 185.62 147-09-046 "78 .Oft 175-02-049 150.52 17S-20-078 222.76 175-20-092 239 .22 182-40-008 102.60 182-lt0-040 52.66 182-40-041 69.94 182-43-01.5 65.~8 \82-43-016 56.70 182-43-034 .56.70 182-43-039 72.90 - • ' • • • r. I. COOi __ 8..;;;0M-., __ ... -.AllOU!IT 142-16-060 $ 567.00 142-18-044 126.36 142-20-008 108.00 147-05-088 185.62 U.7-09-046 478.04 175-02-049 lS0.52 175-20-078 222.76 17$-20-092 239. 22 182-40-008 102.60 182-40-040 52.66 ld:2-40-041 69.94 182-43-015 65.88 182-43-016 S6.70 1@2-43-034 56.70 182-43-039 72.90 -l- - • l. SUDOROINATIGN. Any indcbtcdo~ss of CORPORATION now or hereafter held by CITY is heceby ~ubordinated to any indebtedness of CORPORATION to BANK, arid such indebtedness of CORPORATION to CITY if BANK so requests it shall be collected, enforced, aoo r~ceived by ,;r1•y as tr .·S~:?c for . .. . "' BANK apd held as security for performance or the obli9ation -~ of CORPORATION to BANK without reducing or ~ffecting the liability of CI1'Y undet the other prov is ions of th is guaranty. . - 4. FUTURE USE OF PROPI::RTY. CORPORATION hereby agrees with the _following c9nditions regarding use of the premises purchased with this loan: (a) CORPORATION will apply for and make a good faith effort to obtain by Novemb~~, 1981, financin9 l!nder the California Health 1',a-:ility to: Mortgage tnsurance Pr09ram to develop a health care facifity or.. t:tis site and to .take all other steps reasonable and nec~ssary to the develop- sent of said facility. (b) If, for ar.y reason, CORl'ORATIOH is unable to ~!:ct~in said financing, CORPORATIO:I wil .! inves ti- gate and pursue alternatives con5istent with the objective of providing housin9, medical, · and other directly-related facilities primarily -4 - . ' .,__ __ • tu persons of below average income. (c) ~uring the p~riod between acquisition of the property and construction activities related to said health care 'facility or other appropriate use, CORPORATION agrees to use the proper~y consistent with the zoning _proyisions of the . . Palo Alto Municipal Code and other relateo municipal codes and regulations. (d) If I by May pf• 1981, CORPORATION has been unable to secure financing for, or is otherwise unable to develop,_ an ~ppropriate use of the property s. as provided in subsection (b) above, CORPOH.ATICN agrees to sell tha premises on the open market as soon as feasible& Proceeds from such a sale will first be used to pay off the outstanding loan balance related to this property. If additional. sale proceeds are available, CORPORA- TION a9rees to reimburse CITY f~r all direct ·expenditures ineurt"ed in connection with this . loan guaranty, e»<:lusive"of staff salaries and related direct and indirect expenses. NO'fICES. All notices hereunder shall be given in writing and mailed, postage.prepaid, by certified m~i~, addressed as fallows: -5 - _. 6 .. -To CI'rY: 'l'O CORPOl<A'l'I ON To BANK: e O(ficc ol the City ClP.rk 250 llamilton l\vcnue Palo Alto, California 94301 Attention of the P~esidant at the address Of CORPORA'l'ION recited above. Attention of the Hanager at the address of BANK recited above. CONf'LICT OF INTEREST. CORPORATION and DANK certify that no o •• a who has or will have any financial . . interest under tk.is agreement is an officer or employee of CITY .. 7. INCEMNI'l'Y. CORPORATION hereby agrees to inclem- nify and save harmless CITY, its officers, agents, and employees of and from any and all claims and demands which may be made against ClTY, i.ts officers, agents, or employees by reason of any negligence, active or passive, or willful misconduct by CORPORATION, its officers, agents, or employ- ees arisin9 out of or under this agreement.· a; i\uKt.t.ru:.n'l' CIHOING. the. terms; covenants, and conditions of this agreement "shall apply to, and shall bind, the successors, executors, administrators, and assi~ns of all parties'hereto. ~. ~AIV~R. the waiver by any party of any breach or ~iolation of any term: covenant, or condition of this • -6 •· -' a;reen111nt or oC at provision, o~chn<>ncc, or ... w sh~ll not be deemed to be a waiver ot such term, covcn~nt, condition, ordinance, or law or of any subsequent breach or violation of the ~ame or·of any other termi covenant, condition, ordinance, or law. 1'he subsequent acceptance by any party of ·· any fee or other money which may become due hereunder shall not be deemed to be a waiver of any precedin9 brea~h or .. violation by the other party of any term, covenant, or condition of this agreement or of any applicable law.or ordinance~ 10.. COS'l'S AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms of this ·agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with sucb. an action from the other parties. 11. AGR£EMF.NT CON1.'AINS J\LL UNDEl<S'l'f,NDINGS. 'l .. nis document represents the entire and integrated agreement between CITY, GANK, and CORPORATION and supercedes all prior negotiation3, representations, o~ agreements; either written . or oral.. This document may t$e anKi:nded only by wrltten instr~ment, signed by CITY, BANK, and CORPORATION. All prcvioions of this agreement arc expressly "mode conditions. 1.'his a(jreemcnt shall ~c 9cvcrncd by the laws of the State of California. -7 - • .. - IN Wil'NESs 1-mrn~Qf', Cl'!'Y. COHl'OiWl'lON, •nd UANK have executed this agreement the day and year first above written. Cl'l'Y Of' PALO ALl'O .. ATT£ST: . . , . , , , . ~~.02z;· ·4p;;~ A.PP.ROVED AS TO POH~l: . ~·";21. 0 I ,,, -'1i c l~t!.1!.!Y::!.__ ~ ( • Sr.st. City Attorney APPROVEoi· -ti -- • • • -C.:0"11-:UtH'l"/ llOUSING, lNC. lly ;olu~.11'. ia4.iC;;_ l ~ts I • Dy ,,. -· Its ~vl&l.< .. Its ·. .. -9 -