Agenda - Wednesday, July 6, 2016
Transcription
Agenda - Wednesday, July 6, 2016
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; turneya@reno.gov. 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 T 'I' 0 5.a t Beverly Beaty-Benadom <beaty-benadomb@reno.gov> - - - - - - - ~ (<;.-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 <wilseyc@reno.gov> Mon, Jun 13, 2016 at 12:07 PM To: CityClerk <CityClerk@reno.gov>, Ashley Turney <turneya@reno.gov>, Beverly Beaty-Benadom <beatybenadom b@reno.gov> Cc: Cynthia Esparza-Trigueros <esparzac@reno.gov>, Barbara DiCianno <diciannob@reno.gov>, Madeline Burak <burakm@reno.gov> 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 <jpfrommer@pfmccpa.com> Date: Mon, Jun 13, 2016 at 10:16 AM Subject: Agenda item E3, regarding demo of downtown motels To: "schieveh@reno.gov" <schieveh@reno.gov>, "wilseyc@reno.gov" <wilseyc@reno.gov>, Cynthia Esparza-Trigueros <esparzac@reno.gov>, Barbara DiCianno <diciannob@reno.gov>, "clingera@reno.gov" <clingera@reno.gov>, Madeline Burak <burakm@reno.gov> Cc: Alex Woodley <woodleya@reno.gov> 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 -' 5.c 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 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 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 Demolition Agreement and Special Assessment Lien Page2 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 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 Demolition Agreement and Special Assessment Lien Page 3 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) ' 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 Demolition Agreement and Special Assessment Lien Page 4 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 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 t 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. 3h Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) ' 0 3/o 7 /.J OJ&_,.., by .1)~}_j'15 j~ /3,..1,~ 4 .") /.:7.~d ~ d _k~~t~;r~birc .x :Zy-r,v: /' / ); Demolition Agreement and Special Assessment Lien -- .;.:...-;1 G/7. Page 5 5.c Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) City City of Reno, a municipal corporation Attest: Date State of Nevada County of Washoe ) ) ) 1 0 j faf; fi ~a Acknowledgement in representative capacity (NRS 240.1665) /rs{J 3 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 ~.. ., ~ ~ • ASHLEYD. TURNEY I Nolary Public • Slate of Nevada i ~ •.. ,. Appolmmenl Reco1d&d In Washoe Counfy ~ • ·• No: 16-1153-2 • Elqllres Januaiy29, 2020 j ! ;JIHllllll.llHllllllllllUllllHllMUIUl,HIUllll4••111ftUUllUUdtlnUUHn".w Demolition Agreement and Special Assessment Lien Page 6 5.c 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 Structw·e 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 co1poration 1 East First Street, P. 0. Box 1900 Reno, NV 89505 ATIN: Public Works 530 N. Virginia St. -APN 007-502-10 $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 aITangement 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 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) When recorded, return to : City of Reno 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 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 subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. 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. 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. City may enter an agreement with a private contractor to accomplish the b. 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 Prope1ty 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 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 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 Prope1ty."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 iajury, 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 indemnified party is indemnified hereunder. "Related Party" includes all contractors, 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 Demolition Agreement and Special Assessment Lien Page 2 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 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. "Act, error or omission" includes acts, failure to act, errors, or omissions that constitute 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 breaches of this agreement and/or violations of law. §2. Repayment of CoA'ts. 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 aH 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 expires. §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 Demolition Agreement and Special Assessment Lien Page 3 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 5.c 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 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. 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 agreement does not violate any agreement, court order, or law. e. This Agreement integrates all of the terms 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 counterpat1s so executed shall constitute one agreement binding on the patties hereto. · State of Nevada ) ) County of Carson City) Acknowledgement (NRS 240.1665) This instrument was acknowledged before me on 8~1<~~~ ELAINE KUSISTO \ • • ·;. •• NQTJ\RY PUBLIC STATE OF NEVADA A.P.PT. No. 15-1616-3 MYAPPT. EXPIRES OCT. 3.2018 Demolition Agreement and Special Assessment Lien Page4 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 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. State of Nevada ) ) County of Washoe Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 5.c ) Acknowledgement in representative capacity (NRS 240.1665) This instrument was acknowledged before me on C/~z.) (17 }"X.1; 0 Demolition Agreement and Special Assessment Lien by Page 5 5.c City Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) City of Reno, a municipal corporation Attest: State of Nevada County of Washoe ) ) ) Acknowledgement in representative capacity (NRS 240.1665) ~·3 h~/J This instrument was aclmowledged before me on f_p MIL\..\\«.'=\ LSG\t~ as J.,..(A\..(o I(_ of the City of Reno Nevada. !' 11111 1 1 • •• IUltotll111111ou+~l•lllll,KUUUtUUHlllUllh•t111uu1111111 1 uun111~ la· j · ··.· . . !" by .. · ~ ASHLEYD. TURNEY Notaiy Public - Slate of. Nevada ~ Appointment Aecordod In Washoo Coun!y ~ No: 16-1163-2 • EJqllres Januaiy 29 2020; s~''''''' •1iU••1ll4iltJ• • • nl 1n111 1o un1nl11uru11111uu111111 1 1nu11 1 11 1 :u11 111t1 t J 11 Demolition Agreement and Special Assessment Lien Page 6 5.c 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 Strncture or Condition) THIS AGREEMENT AND INDENTURE is by and between, and involves the following Property: Owner City Prope1ty (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 ATIN: Public Works 538 N. Virginia St. - APN 007-502-11 $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 strncture and Owner agrees to repay to City the costs of demolition and agrees that Demolition Agreement and Special Assessment Lien Page 1 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) When recorded, return to: City of Reno 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 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 subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. 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. · 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·removal of improvements from the Property. e. To the fullest extent permitted by law, Owner agrees to indemnify, hold hannless 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 destmction 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 indemnified party is indemnified hereunder. "Related Party" includes all contractors, 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 Demolition Agreement and Special Assessment Lien Page 2 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 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. "Act, error or omission" includes acts, failure to act, errors, or omissions that constitute 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 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 expires. §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 Demolition Agreement and Special Assessment Lien Page 3 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) 5.c 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 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. 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 agreement does not violate any agreement, court order, or law. e. This Agreement integrates all of the terms 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 counterparts so executed shall constitute one agreement binding on the parties hereto. State of Nevada ) ) County of Carson City) Acknowledgement (NRS 240.1665) This instrument was acknowledged before me on Notary Public ' Demolition Agreement and Special Assessment Lien Page4 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) be expressed in writing signed by the waiving party, and a waiver of a default is limited to I.he 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 Owner's managers State of Nevada County of Washoe ) ) ) Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) Date_ f- "f_7 ...... {t ""'"-i:r _ __ Acknowledgement in representative capacity (NRS 240.1665) This instrument was acknowledged before me on C) 3/o7 /..':Jo J(:; by Notary Public Demolition Agreement and Special Assessment Lien 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; Demolition Agreement and Special Assessment Lien Page 6 Attachment: E.3 NNUDMC Demo SAD Agt Memo 062016 (6891 : Golden & Heart Motel Demo) City City of Reno, a municipal corporation Attachment: Correspondence re Item E.3 06-21-16 (6891 : Golden & Heart Motel Demo) 5.d Attachment: Correspondence re Item E.3 06-21-16 (6891 : Golden & Heart Motel Demo) 5.d Attachment: Correspondence re Item E.3 06-21-16 (6891 : Golden & Heart Motel Demo) 5.d Attachment: Correspondence re Item E.3 06-21-16 (6891 : Golden & Heart Motel Demo) 5.d Attachment: Correspondence re Item E.3 06-21-16 (6891 : Golden & Heart Motel Demo) 5.d Attachment: Correspondence re Item E.3 06-21-16 (6891 : Golden & Heart Motel Demo) 5.d Attachment: Correspondence re Item E.3 06-21-16 (6891 : Golden & Heart Motel Demo) 5.d