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HomeMy WebLinkAboutReso 1988-13486 RESOLUTION NO. 13486 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF SPECIAL ASSESSMENT DISTRICT ACQUISITION/FINANCING AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is considering the formation of a special assessment district under the terms and provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement in a special assessment district, said assessment district known and designated as ASSESSMENT DISTRICT NO. 87-1 (EAST "H" STREET) (hereinafter referred to as the "Assessment District"); and, WHEREAS, the Streets and Highways Code of the State of California, specifically the "Municipal Improvement Act of 1913," expressly authorizes the acquisition of any improvements that are authorized to be constructed under said law, and the property owner, in order to proceed in a timely way with his development, desires to construct and/or cause the construction of certain works of improvement prior to the adoption of the Resolution of Intention; and, WHEREAS, at this time there has been submitted to this City Council for review and approval an Acquisition/Financing Agreement between the City of Chula Vista, the Otay Water District and Rancho Del Rey Partnership, said Agreement setting forth certain terms and conditions, as well as estimated prices and quantities of work to be installed and financed pursuant to the above-referenced Agreement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Acquisition/Financing Agreement, as submitted for the above-referenced Assessment District, is hereby approved, and execution is authorized to be made by the Mayor and City Clerk. SECTION 3. That a copy of said Agreement shall be kept on file in the City Clerk's office and remain for public inspection. SECTION 4. That the Resolution of Intention for the above-referenced proceedings shall not be adopted until all improvements to be acquired have been installed and are acceptable in place. SECTION 5. The final prices to be paid for said improvements shall be prices as determined by the City to be reasonable, to represent the actual costs and expenses for the installed works of improvement, including all appropriate incidental expenses. Presented by Approved as to form by ' ~ct~or~ City Attorney WPC 3635E STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, JENNIE FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 13486 , was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 15th day of March , 1988, and that the same was passed and adopt'~y the following vote: AYES: COUNCIL MEMBERS McCandliss, Nader, Malcolm, Cox, Moore NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None EXECUTED this 14th day of April , 1988, at Chul a Vista, California. CITY OF CHULA VISTA STATE OF CALIFORNIA CIIY OF CHULA VISTA WPC 3635E "" ORI61NAL AGREEMENT FOR INST~T.X.ATION, ACQUISITION, CONVEYANCE, MAI~'I'~NANCE AND OPERATION OF IMPROVEMENTS TNIS AGREEMENT, made and entered into this 7th day of December , 1987, by and between CITY OF CHULA VISTA, CALIFORNIA (hereinafter called "Agency"), OTAY WATER DISTRICT (hereinafter called "District"), and RANCHO DEL REY PARTNERSHIP (hereinafter referred to as "Property Owner"}. WHEREAS, Agency is considering proceedings pursuant to the provisions of the "Munici- pal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the state of California, for the acquisition of certain improvements, including utility improvements, within a special assessment district, and to assess the costs and expenses of such improvements against properties benefiting from said improve- ments, said qpecial assessment district known and designated as ASSESSMENT DISTRICT NO. 87-1 (EAST "H" STREET) (hereinafter referred to as the "Assessment District"); and, WHEREAS, District is a public agency, organized and existing under the laws of the State of California, and is authorized and obligated to provide service to the terri- tory and property within the boundaries of the proposed Assessment District; and, WHEREAS, Property Owner is an owner of property within the boundaries of the pro- posed Assessment District, and said Property Owner is desirous to construct and install certain utility improvements prior to any sale of bonds for said Assessment District; and, WHEREAS, the improvements to be acquired under the Assessment District include the installation of certain public improvements, together with utility improvements, all as will be shown on the plans and specifications as set forth in the Engineer's "Report", and the improvements proposed for this Assessment District which will be under the ownership, management and control of District are herewith described as the acquisition of certain water system improvements to serve and benefit properties within the boundaries of ASSESSMENT DISTRICT NO. 87-1 (EAST "H" STREET). WHEREAS, Agency, District and Property Owner desire at this time to enter into this Agreement pursuant to the provisions and authorization of Section 10110 of the Streets and Highways Code of the State of California. NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows: RECITALS SECTION 1. That the above recitals are all true and correct. PROCEEDINGS SECTION 2. Agency shall continue to conduct proceedings for financing the acquisi- tion of improvements proposed for the above-referenced Assessment District, including those facilities to be under the ownership, manage- ment and control of District, and for a full and complete description of the works of improvement to be under the control, management and ownership of District, reference is hereby made to the plans and speci- fications, all of which will be incorporated in the Engineer's "Report" for the above-referenced Assessment District. PLANS AND SPECIFICATIONS ISECTION 3. District has approved all plans, specifications and drawings, and has and will continue to provide administration, supervision and inspection as necessary and required for the construction and installation of the above referenced improvements. District shall be required to keep records to substantiate the nature and cost for the various improve- ments installed. PROPERTY OWNER CONSTRUCTION SECTION 4. In order to expedite the proceedings and to initiate the construction of the facilities, as said facilities are specifically set forth in Exhibit "A" attached hereto, referenced and so incorporated, prior to the sale of any bonds, Property Owner has or does hereby agree to construct and install said facilities. Upon a successful sale of bonds, the Agency shall then pay to Property Owner the costs and expenses of the facilities, pursuant to the terms of that certain Acquisition/Financing Agreement by and between Property Owner and Agency, incorporated herein by this reference. IMPROVEMENT FUND SECTION 5. Upon the confirmation of an assessment to pay the costs and. expenses of the works of improvement, the Agency shall establish a special Improve- ment Fund, into which shall be deposited all payments made upon any assessment, as well as the proceeds from the sale of bonds. This Fund shall be used exclusively for the payment of the costs and expenses of the proceedings and to reimburse costs for the the construction and installation of all public facilities. PAYMENT SECTION 6. All payments required to be made by Agency for the Assessment District shall be made solely and exclusively from the special Improvement Fund, and Agency shall not be obligated to make any such payment from any other funds or monies of said Agency. Payment shall be made upon submittal of documents/invoices, etc., that show to the satisfaction of the Agency that such payments for the various improvements were appro- priate, including the payment Of any Agency expenses incurred for inspection of the installation of the water facilities. This Agreement is subject to the power of the legislative body to abandon the proceed- ings at any time prior to the effective date of this Agreement. OWNERSHIP OF FACILITIES SECTION 7o Upon completion of the installation of the facilities, District will own, operate and maintain said improvement facilities, and will continue to provide service to the property owners within the bounda- ries of the Assessment District in accordance with all valid laws, regu- lations and ordinances in force. Said facilities shall become part of the system of District and shall thereafter be used, operated and main- tained as part of said system. AUTHORIZATION ~ECTION 8. This Agreement is made pursuant to the authorization of Section 10t10 of the Streets and Highways Code of the State of California, the "Muni- cipal Improvement Act of 1913". EFFECTIVE DATE OF AGREEMENT SECTION 9. Pursuant to Section 10110 of the Streets and Highways Code, this Agree- ment shall become effective after proceedings have been taken and work ordered, pursuant to the "Municipal Improvement Act of 1913" and funds are available to carry out all of its terms. In the event the proceed- ings for the formation of the special Assessment District shall be abandoned, enjoined or held by a court of competent jurisdiction to be illegally Or improperly conducted, or if for any reason the proceedings are not consummated, Or if consummated and funds are not sufficient or available, then this Agreement shall be terminated and any Agreement between the parties shall be cancelled. PERFORMANCE AND PAYMENT BONDS SECTION 10. Property Owner shall provide, at their sole expense, a warranty bond in an amount not less than the amount paid by the Agency to the Property Owner for the acquisition of the facilities, guaranteeing the facili- ties for a period of two (2) years from the date of the conveyance of the facilities to the District. Such warranty bond shall be in a form acceptable to the Agency and the District and shall guarantee the facilities against any defect in workmanship or material. Both the Agency and the District shall be named as beneficiaries under this bond. NOTICE SECTION 11. Any notices authorized or required by this Agreement shall be deemed to have been given when deposited in the United States mail, postage prepaid, addressed to the persons below listed: TO AGENCY: CITY OF CHULA VISTA P. O. BOX 1087 CHULA VISTA, CA 92012 ATTENTION: CITY MANAGER TO DISTRICT: OTAY WATER DISTRICT 10595 JAMACHA BOULEVARD SPRING VALLEy, CA 92078 ATTENTION: GENERAL MANAGER TO PROPERTY OWNER: RANCHO DEL REY PARTNERSHIP McMILLIN DEVELOPMENT, INC. 2727 HOOVER AVENUE NATIONAL CITy, CA 92050 SPECI~ ~RMS AND CONDITIONS SECTION 12. This Agreement, setting forth the procedure for the financing of the above-referenced facilities, shall amend and supercede any Agreement previously executed which may be inconsistent with the terms and con- ditions as set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written. "AGENCY" CITY OF CHULA VISTA ATTEST: By: "DISTRICT" OTAY WATER DISTRICT General Manager ATTEST: ~ ~ EL RANCHO DEL REY PARTNERSHIP District Secretary "PROPERTY OWNER" By: McMillin Financial, Inc. Senior Vice President /StYyen E. ~46Gill Senior Vice President (Public Agency) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this ~ kJ/D day of ~C , in the year /~'"} , before me, a Notary Public in and for said Couhty and State, personally personally known to me (or proved t e ' ~f-~tie~a~t~ry ~ to be the perso~who executed this instr~ent as STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 7th day of December 1987, before me, the under- signed, a Notary Public in and for said county and state, per- sonally appeared Virqil E. Elliott personally known to me (~r--pr~-~c~4pa--o4~-~e-bas~e-e~-sa~s~ae~ e~y-e¥&~ea~e4 to be the person who executed the within instrument as the Senior Vice President, and Steven E. McGill personally known to me ~e~-p~e~e~-~e--me--e-n--~-Se-~-s--o-f-~~-.-o-~y-e~ence) tO be the person who executed the within instrument as the Senior Vice President ~~ of McMillin Financial~ Inc. . the corporation that executed the within instrument on behalf of EL ~CHO DEL.REY PARTNERSHIP the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. AGREEMENT FOR INSTALLATION, ACQUISITION, CONVEYANCE, MAINTENANCE AND OPERATION OF IMPROVEMENTS EXHIBIT "A" CITY OF CHULA VISTA - OTAY WATER DISTRICT ASSESSMENT DISTRICT 87-1 DESCRIPTION OF WATER FACILITIES The water facilities to be constructed consist of the following: 1. Approximately 5,500 feet of 24-inch water line and 2,100 feet of 20-inch water line, including appurtenances, within East "H" Street from Yuba Drive westerly to Paseo Ranchero. ; ' 2. Approximately 4,900 feet of 12-inch water line and 400 feet of 16-inch ~--- water line, including appurtenances, within East "H" Street running easterly from approximately Kernel Place. 3. Approximately 1,400 feet of 10-inch water line, including appurtenances, within East "H" Street running westerly from Paseo Ranchero.