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HomeMy WebLinkAboutReso 1973-7000Form No. 342 Rev. 9-71 RESOLUTION NO. 7nnn RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HILLTOP BAPTIST CHURCH, AND GEORGE W. TRUSTY FOR PARTICIPATION IN SEWER INSTALLATION - 700 BLOCK HILLTOP DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and HILLTOP BAPTIST CHURCH AND GEORGE W. TRUSTY, for participation in sewer installation in the 700 block of Hilltop Drive dated the 4th day of September 1973 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Lane F. Cole, Director of Public George Lindberg, City Attor ey Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 4th day of September , 1973 , by the following vote, to-wit: AYES : Councilmen Scott, Hamilton, Hyde NAYES: Councilmen None ABSENT : Councilmen Hobel , Egdahl Mayor of the City of Chula Vista ,/~, l %', ATTES,T~ `~~ ~ JL~Z.~, L . ~' City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk ~f^~~,' AGREEP~IENT FOR PARTICIPATION SEWER INSTALLATION, 700 BLOCK, HILLTOP DRIVE THIS AGREEMENT, made and entered into this 4th day of S~~m P~ , 1973, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the following listed property owners, hereinafter called "Owners": Hilltop Baptist Church and George W. Trusty WHEREAS, the undersigned owners of property identified as 722 and 740 Hilltop Drive, desire the installation of a sewer line to provide sewer service to the properties shown on the attached. "Exhibit A", and WHEREAS, City desires to facilitate said installation of sewer by means of reimbursable financial participation, and WHEREAS, the Owners, whose properties would be benefited by the installation of the sewer system, agree to participate in the cost of constructing the sewer system. NOW, THEREFORE, IT IS AGREED, by and between the City and Owners as follows: 1. The City agrees to advertise for bids to accomplish the work set forth hereinabove and, in the event that the lowest responsible bid received is equal to or less than the estimated cost of $6,000, Owners agree to make cash deposits with the City following receipt of bids but prior to award of the contract by the City. The cash deposit required of George W. Trusty shall be 15.20% of the lowest responsible bid and a deposit of 26.03% by the Hilltop Baptist Church. -2- t 2. City shall seek competitive bids to construct sewer main and appurtenances in accord with plans and specifications as approved by the City Engineer. Plans shall be based upon the sewage collection system depicted upon "Exhibit A". 3. In the event that the lowest responsible bid plus l00 contingency is above the $6,000 estimated cost, the City will not proceed with award of contract without written approval of each of the Owners. 4. City agrees to contribute at its own expense all engineering, advertising, and inspection services, and to provide maintenance and operation of the proposed sewer facility at no direct cost to the benefited properties. 5. City will not award the contract until cash deposits totaling at least 410 of the amount of the lowest responsible bid plus loo continaenc have been made by the Owners. Owners shall be allowed thirty days following receipt of bids in which to make deposits with the City. If less than 41% of the amount of the lowest responsible bid plus loo contingency is on deposit at the expiration of such thirty day period, then the City agrees to refund, in full, all deposits received, and to abandon the project. 6, Contingency funds as deposited by the Owners may be utilized to defray unforeseen construction expenses as may arise during the progress of the work. 7. It is understood and agreed that the total construction cost can possibly vary to some small extent necessitating an adjustment in the contract cost. Therefore, following completion of the work the City shall prepare an assessment diagram upon which the total construction cost will be distributed against all properties benefited by the construction. All deposits made pursuant to the terms of this agreement shall be credited _- - _ -3- .against the final assessment diagram. basis of the following: 710 Hilltop Drive ~~ ~~ Assessments shall be,.spr@ad on the 13.45 15 28% 718 722 " 15.200 726 " 15.02% 732 15.02% 740 " 26.'030 100.000 Any difference between a deposit made by an Owner and the assessment shown for his property shall be refunded to the Owner within thirty days following City Council approval of the assessment diagram. IN 4]ITNESS WHEREOF, this agreement is executed by the City of Chula Vista acting by and through its Mayor and pursuant to Resolution adopted by the City Council of the City of Chula Vista, authorizing such agreement, and by the participating property owners as first hereinabove written. THE CITY OF CHULA VISTA PARTICIPATING OWNERS r r~ Mayor of the City of Chula Vis~~a r.o . ,, ,; ATTEST ~ '~ "~ l ~ ~~,t%~~rt_ c. < ,~,~. City Clerk ~:. Approved as to form by ~~ Georg D. Lindberg, City Att rney ~4 f, ~ ~ ~. eorge Trusty, 722 Hi op Dr. ~ ~ ~~~ !~,.~~-- ~ ..~L----, Chairman of the Deacons, & Bldg. & Hilltop Baptist Church, Grounds 740 Hilltop Drive ,/ /;' Chairman of Trustees Hilltop Baptist Church, 740 Hilltop Drive