Loading...
HomeMy WebLinkAboutReso 1972-6363Form No. 342 Rev. 9-71 RESOLUTION NO. 6363 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EDWARD W. & ELEANOR C. HULL, HAROLD L. & DOROTHY A. SHREWSBURY, DOUGLAS C. & FAY B. ISAAKS, FRANK E. & CATHERINE BATES, MARY L. HEINRICH & FIRST PRESBYTERIAN CHURCH OF CHULA VISTA, 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 EDWARD W. & ELEANOR C. HULL, HAROLD L. & DOROTHY A. SHREWSBURY, DOUGLAS C. & FAY B. ISAAKS, FRANK E. & CATHERINE BATES, MARY L. HEINRICH and the FIRST PRESBYTER- IAN CHURCH OF CHULA VISTA, for participation for the installation of a sanitary sewer system, dated the 7th day of March 1972 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 j ~~. .a-' ~~~'~, Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 7th day the following vote, to-wit: Approved as to form by George Lindberg, City Atto the CITY COUNCIL of the CITY OF CHULA o f March 19 72 by AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES : Councilmen None ABSENT: Councilmen ATTEST None STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Jennie M. Fulasz 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that the above is a full, true and correct copy of Resolution No. 6363 and that the same has not been amended or repealed . DATED March 8. 1972 City Clerk AGREEMENT FOR PARTICIPATION, SEWER INSTALLATION HILLTOP DRIVE, "L" STREET TO DONOHOE STREET THIS AGREEMENT, made and entered into this 7th day of March , 1972., by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the following listed property owners, hereinafter called "Owners": EDWARD W. and ELEANOR. C. HULL, HAROLD L. and DOROTHY A. SHREWSBURY, DOUGLAS C. and FAY B. ISAAKS, FRANK E. and CATHERINE BATES, MARY L. HEINRICH and the FIRST PRESBYTERIAN CHURCH OF CHULA VISTA; W I T N E S S E T H WHEREAS, the undersigned owners of property identified as 911, 917, 921, 927, 910, and 940 Hilltop Drive, and 18 "L" Street desire the installation of a sewer line, including sewage ejector pumps, force main and appurtenances 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 $14,700.00, Owners agree to make cash deposits with the City following receipt cf bids but prior to award of the contract by the City. The cash deposit for each residential property shall be equal to 1/11..65 (or 8.58369%) of the lowest responsible bid plus 10% contingency. The cash deposit for the Presbyterian Church property shall be equal to 3.65/11.65 (or 31.33047%) of the lowest responsible bid plus 10% cont.ingen.cy. 2. City shall seek competitive bids to construct sewer main, sewage pumps, force 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 10% contingency is above the $14,700.00 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 50% of the amount of the lowest responsible bid plus 10% contingency have been made by the Owners. Owners shall be allowed thirty days following receipt of bias in which to make deposits with the City. If less than 50% of_ the amount of the lowest responsible bid plus 10% 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. -1- 6. Cor_tingency funds as deposited by the Owners may be utilized to defray unforeseen construction expenses a.s may arise during the progress of the work. 7. It is understood. a.nd agreed that the total construction cost can possibly vary to some small extent necessitating an. adjust- ment 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 against the final assess- ment diagram. Assessments shall. be spread on the basis of 8.58369% for each residential property and 31.33047% for the Church property. Any difference between a deposit made by an Owner and the assess- ment shown for his property shall be refunded to the Owner within thirty days following City Council approval of the assessment. diagram. IN Gv'ITNESS WHEREOF, this City of Chula Vista acting by and tc Resolution adopted by th.e City authorizing such agreement, and by as first hereinabove written. THE CITY OF CHULA VISTA f ~ ~~ ~~~~'~~ Mayor o,~ t o City of C u a Vis ~ ATTES~'~vlz.t~ V~/~ '~.~~G~x2-" i' City 'Clerk ~: Approved as to form by ~~ Georg Lindberg, City Att y agreement is executed by the through its Mayor and pursuant Council of the City of Chula. Vista, the participating prcpert.y owners PART~IJCIPATING OWNERS Edward: W. Hull, 911 Hilltop Drive ear~or Hull, 911 Hilltop Drive i ,/`'~ .,_ ~ ~ - -~ , w H o~ rewsbury, 917 ill p Dr -; %!] ~ ~~ ~, , Dorothy A.~,' Shrewsbury, 917 H.~' ltop D. ~' < Dougl~.s C. Isaaks, 921 Hilltop Dr. ~ ~,~~~. _ Fay B Isaaks, 921 Hilltop Drive -^" Frank E. Bates, 927 Hilltop Drive r-, Catherine Bates, 927 Hilltop Drive Mary, Heinrich, 18 "L" Street / t'~ '{ ,,~ ~, ~~.1~ /Cl `~, Yf,~,j '~~~\/.. : ~~~~r.1 ~% ~'4 ~~Z, vim ~~1~;~~ ";~ ~ ri Fl.~j4. ~G_ - {v ` Attach Notary Acknowledgement here. -2- For the First Presbyterian Church of Chula Vista, 94G Hilltop Drive ;;, ~,, TO 447 C (Individual) STATE OF CALIFORNIA covNTY of San Dieao ~s• T W W x W J a a N O ~n December 16 17 & 2 ~ ~etr~rt~-me, the undersigned, a Notary Public in and for said State, personally appeared Edward 4~T. & Eleanor C, Hull Har01 Dorothy A. Shrewsb__ury, Douglas C. &-Fay B. Isaaks, Frank'B. & Catherine Bates, and Mary L. Heinrich to be the person s whose name $ are subscribed to the within instrument and acknowledged that they executed the same. -- WITNESS my hand and official seal. Signature ,::~r.tl..~~~ _ ~ y%:.~-ro- ~ ~..,.L.,.,- ~r 7 ~~ Name (Typed P/rinted) known to me ji ` ti ~.. ,. r_ ,~_..,_ ,. OFFICIAL SEAL 5 DUANE ~JI. HUGHES r NO1gRYPUP•~C-CALIFORNIA SAN DIE ~O COUNTY My Commission ExpireaJsL23,1974 276 6eava Mfa., P.O. Box 1087, Chula VMa, Ca. 92012 (This area for oficial notarial seal) TO 449 C (Corporation) O STATE OF CALIFORNIA _ COUNTY OF --~ ~~'~ ~ ~`./r ~ ~'< . • } SS. ~' 11 On ~ '~/ %~<',.: ~ ~%`~' before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~ =' { ~~~ /~ ~ - , w known to me to be the y-~~' ~-rte ~ nom' g~„d ~ff~. t~~~..~/~~' Jj ~ - , x known to me to be --~""'-'-------~$ecretary of the corporation that executed the within Inst. ument, m known to me to be the persons who executed the within ~ Instrument on behalf of the corporation therein named, and Q acknowledged to me that such corporation executed the within ~ instnfinent pursuant to its by-laws or a resolution of its board ,~?`~"~~--` ,-~ _ _ ~ ~ ~ _ ~~'~~'( of directors. j~ yE ~_ OFFICIAL SEAL tii `~~ ~e DUANE M. HUGl--IES ~~ WITNESS my hand and official seal. G ,a © ~ . A NOTARY PUBLIC-CALIFORNIA i ~, ~~ /f r o ,1`-"~'`~ ~ ~-1'ei~..~ i ® ~'Y' SAN DIE!0 COUNTY Si nature ' ~/~j,,rf.~ ~'''~ -'^~-f °A'e,rOFN~P l g ~_ _ MyCommissionEzpireslan.23,19~ ' ~; 276 Guava Ave., P.O. Box 1087, Chula Vista, Ca. 92012 7 ~,,/ ., Name (Typed,e ~ Printed) (This area for official notarial seal) / ~.._, .~~ ~ c•'s'oi , R . ~~ `~ ! f°. ~ cv 4•~ i ~~~ ~~~ ~~ `~ - , ,_ i O ~a ~~, tab.. ~~t. R ~ -- ; ~~ ~ ~: ~`~ ~~~~ ~ ~~ ~.~ -. - ~ ~~ I ~`~ U` `~~ ~~ ._ ~-. ~~ i'` r fly` ~~l • \ , ~~ y \ ~, ~ ~~~~~ d~JS~ ~ ~._ ~ ~ /r", ~ (o, I I 1 ~~ '/ ~ ry, 4 ~~ ~') J I ~,~_. ~~~ ~io( ,h~ °~ P,~ ~„ tT~a= s.~+w F+i.n:s~v~srd>. .as. Kx ~r-^'.~+.~ex±tsnww. h ~ ~~ J ''" 0 ~~ ~ ~~ r _~ - ~yc ,' :ii;i~C1` Thy. .. ~ntt tea ....... .......... .,/ ...,,.,'"",~ ~. ~~ .:. u . . ~ ... --, . 1tl 1\ ~~ :, a r~.~ •_. -,T.,~ .C~,(Y f',~.~ /L- G7'b .~~ ....... . t ,~