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
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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been amended or repealed.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
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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.
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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
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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
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Mayor of the City of Chula Vis~~a
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City Clerk
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Approved as to form by
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Georg D. Lindberg, City Att rney
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eorge Trusty, 722 Hi op Dr.
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Chairman of the Deacons, & Bldg. &
Hilltop Baptist Church, Grounds
740 Hilltop Drive
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Chairman of Trustees
Hilltop Baptist Church,
740 Hilltop Drive