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Home My WebLink AboutReso 1970-5655F •xm No. ?42 F~cV- ~~~1-~9 RESOLUTION NO, 5655 RESOLUTION OE' THE CITY COUNCIL OF' THE CITY GA' .HULA VISTA, .APPROVING AGREEMENT HETWEEN T'NE CITY Off- i:H~?L VISTA AND SWEETWATER JUNIOR COLLEGE DISTRICT FOR CON- STRUCTION OF TENNIS FACILITIES AT SOUTHWESTERN COLLEGE AND A~TTHORI Z ING THE MAYOR TO EXECUTE SA1 D AGREEME~`?"' The City Council of the City of Chub. V~.sta d„e~ r~ereby ~. ~so?.~-re as follows NOW, THEREFORE, BE LT RESOLVED that }hat certain ~qr-~:~m~r,+- between THE CITY OF CHULA VISTA, a municipal t~::rp:~ratlor a~7d SWEETWATER JUNIOR COLLEGE DISTRICT, for construction of tennis facilities at Southwestern College, r~a.ted the 25th day of May ~ g 70 ~ ;-,-~pY of ~,,;. -r. s attached hereto arzd incorporated herein , the: ~.az~ie as ~h ~Fa~h ~ ~ , E z: s~--*~ forth herein be, and the same is hezeby apprc,ved, BE IT FURTHE}~ RESOLVED that the Mayor of *r:.e ~ ty ~L ti.~,;., va~ta be, and he is hereby authorized and dir-acted to exec~at~~ ~~a, :~ ag~ePment for and on behalf of the City of Chula. vista .'r~~ser~{`~ed by Approved as *F- rc~~ ~,~ti, ol/ J ~ -_ ,~fi(, " ~ ~~ ~~~~/~~ _ William G. Jasinek, Drrector o eorge in erg,-~i~y orn Parks and Recreation ~~ ,~~ ADOPTED AND APPROVED by the CITY COUNC b L of the ~ .I TY t;F ,H _1 ~. ~lISTA, CALIFORNIA, this 25th day of May ~ 70 r , X'i ~' C to~l~::w~.ng vote, to-wit: -_-- AYES : Counci lm.en 5cett, Nobel, Hamilton, Hyde, Egdahl NAYES ; Counc~ linen None AB~,F..NT: Councilmen None ATTE ti'I' ~`T'Fi'T`F` Ok CALIFORNIA i ~`~NTY OF SAN DIEGO ss C,T Y OF"` CHULA VISTA I ~ , Ciry Clerk :.f tYie C~ ty ~~ ,. , -~:a, California, DO HEREBY CERTIFY tha the abo~fe ,~, ~ A _. <_:. ~ec:t copy of Renolut~.or No. , and that tr~.e ~a~E~ ~.~ c:~rr~+~z~~'.ed ox repealed, DATED '~ _ C° i ty C ie rk JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER JUNIOR COLLEGE DISTRICT FOR CONSTRUCTION OF TENNIS FACILITIES AT SOUTHWESTERN COLLEGE THIS JOINT EXERCISE OF POWERS AGREEMENT, made and entered into this 25th day of h+.ay 1970, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and SWEETWATER JUNIOR COLLEGE DISTRICT hereinafter called "College District"; W I T N E S S E T H WHEREAS, Chapter 6 of Division 12 of the Education Code of the State of California authorizes counties, cities and school districts to cooperate with each other in the development and execution of adequate programs of community recreation, and WHEREAS, Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes public agencies to contract with each other to jointly exercise a power common to said contracting parties. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. FACILITIES TO BE CONSTRUCTED. City shall construct, in accordance with the terms of this agreement, a recreational tennis facility located on the site of the existing blacktop multi-purpose court, immediately adjacent to existing tennis courts at Southwestern College. Said facility shall consist of four (4) lighted and fenced tennis courts, one (1) building to be used as a pro shop, club house and storage building, and a paved A/C parking area. It is further agreed by the parties hereto that City shall have first priority use of these facilities at all times. 2. LOCATION OF FACILITIES. The location of all facilities shall be as indicated on the plot plan attached hereto and made a part hereof by reference, the same as though fully set forth herein. College District shall provide the area upon which the facility shall be constructed. f 3. SOLL TESTS AND LANDSCAPING. City shall provide all necessary soil tests and required utilities to the site. Any and all landscaping deemed necessary by the City of Chula Vista for these facilities shall be approved by College District and City. 4. JOINT OPERATION, MAINTENANCE AND USE OF FACILITIES. The joint operation, maintenance and use of the facility after completion shall be provided for by a separate use agreement, based upon a proportionate share of use by the parties. 5. FINANCING. City agrees to pay the full cost of the construction of said tennis facilities. Said costs shall include: (a) architect's fees (b) engineering services, all inspection services, plan checking fees, permits, advertising for bids and any other related costs, as well as costs of administration of the work. ~ %' i r - 1 - ~~~~ ~ ~` _-~y 6. SELECTION OF ARCHITECT AND ARCHITECT'S DRAWINGS. An architect shall be selected by the City, subject to the approval of the College District. Phase 1 work of Architect's drawings, including schematics and cost estimates shall be jointly approved by City and College District. Final working drawings required for con- struction shall also be subject to such joint approval and title to said drawings shall be vested in College District. 7. CONSTRUCTION BIDS. Upon completion of Phase 3 of the Architect's contract, City shall advertise for formal bids, in accordance with the provisions of the Charter of the City of Chula Vista, and all bids shall be subject to the approval of City, provided, however, that College District shall be accorded the opportunity to review and comment upon bids as received prior to the award of contract by the City. 8. ADMINISTRATION OF CONSTRUCTION AND PROGRESS PAYMENTS. City shall be solely responsible for the administration of the contract for the construction of said tennis facilites, and for the interpretation of the provisions of the contract, continued inspection of the work in progress and any other elements of the supervision of the work to be performed pursuant to the contract. Progress payments and construction costs, including inspection fees shall be paid in accordance with the direction of the City of Chula Vista. 9. CHANGE ORDERS. Any change orders or extras which may be requested during the course of construction shall be subject to the approval of City, and shall be administered by the City; provided, however, the College District shall receive notification prior to said approval for the purpose of determining whether such change orders or extras would affect the scope of the project so as to change the commitment of the College District, and if such change order would in any way affect the obligations or commitment of the College District, the District may reject or disap- prove said change order. 10. INSURANCE; HOLD HARMLESS. Throughout the construction period, the City shall provide adequate liability insurance in the sum of $500,000.00 blanket coverage for personal injury and $50,000.00 for damage to personal property, and shall name the College District as a co-insured in said policies. City shall pay any and all claims arising as a result of the construction of said facilities. 11. ACCEPTANCE OF WORK. City shall perform final inspection of said facilities, and shall accept the finished work of said facilities by resolution of the City Council, provided, however, that College District must give prior approval of the completed work and authorize said acceptance. 12. TERMINATION PRIOR TO ACCEPTANCE. This Agreement, after award of contract, may be terminated prior to final acceptance of the completed facility only by mutual consent of all parties. 13. TITLE TO FACILITIES. Title to the tennis facilities shall, after completion of construction, be vested with the College District subject to the mutual understanding that should the College District, after completion of construction, decide that City activities interfere with activities at Southwestern College, the College District may terminate the pro- visions of the construction and use agreements upon one (1) year's written notice to the City and payment to City of construction costs, depreciated by a straight-line method over a term of thirty (30) years, provided, however, that such termination shall not be permitted prior to the expiration of the first three (3) years of the Use Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and the year first hereinabove set forth. THE CITY OF CHULA VISTA SWEETWATER JUNIOR COLLEG DISTRICT ~' - ~ _~~ ~ ~ C-~hs•~/L ~° Mayor of the City of Chula Vista r~~- ATTEST ~^„-ttic-c.-C:_.~i;V K,'~-~ ~/ /% / -ity Clerk Approved as to form by George D. indberg, Ci y Attorne~f -3- ~l ~ C-