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HomeMy WebLinkAboutReso 1969-5398RESOLUTION NO. 5398 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HOME FEDERAL SAVINGS AND LOAN ASSOCIATION AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND AUTHO- RIZING THE EXPENDITURE OF FUNDS The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and Home Federal Savings and Loan Association dated the 21st a copy of which is attached hereto and incorporat dtherein, the69, same as though fully set forth herein be , approved. and the same is hereby of Chula VBstaTthatTthe sumOofE$9b000h00Cbey Council of the City authorized to be expended from 2107 Gas Tax~ConaingencymFund foreby the purpose hereinabove set forth. Chula VistaEbeT andTheRisEhereby execute said agreement for and on the Finance Officer be, and he is Council action in the accounting Presented by ~7 ~~_ Lane F. Cole, Director df Public Works ADOPTED AND that the Mayor of the City of authorized and directed to behalf of said City and that hereby directed to record this records of the City. Approved as to frcm by ~~ , George D. ndberg, City Atto VISTA APPR.OVEB by the CITY COUNCIL of the CITY OF CHULA CALIFORNIA, this 21st day of October following vote, to-wit: 1969, by the AYES: Councilmen Scott, Sylvester, Hamilton, McCorquodale, McAllister NAYES: Councilmen None ABSENT; Councilmen None ,.~. - ~ __ _ ,:_ ,, ~- ~,~ l rC~Z~~'«~ Mayor of th Cit ~ "h-r~r. ~~ ~ ~~ ' of Chul ATTEST', ~` ~'_-c,~_1 - t' , _ - ~,, ,,,,,, Y a Visa c.F..~G ~f~'l~.Ct ~t f . `City Clerk STATE OF CALIFORIv7IA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 1, Vista, California, DO HEREBY CERTIFY that1theCaboveoistaefull, truehand correct copy of Resolution No. amended or repealed. DATED ~ and that the ~ has not been t CiteC`lerk AN AGREEMENT FOR PARTICIPATION IN PUBLIC IMPROVEMENTS FOR THE WIDENING OF FIFTH AVENUE, FROM H STREET TO 0TI5 STREET THIS AGREEMENT, made and entered into this 21st day of October , 1969, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a Federal Savings and Loan Association, hereinafter called "Owner"; W I T N E S S E T H: WHEREAS, Home Federal Savings and Loan Association is presently constructing a new branch office at the intersection of Fifth and H Streets at the northwest corner in the City of Chula Vista, and WHEREAS, in conjunction with the construction of said facility, Home Federal Savings and Loan Association desires to install new curb, gutter and sidewalk on Fifth Avenue, and to make said installation in accordance with the plans for the proposed future widening of Fifth Avenue, and WHEREAS, City desires to proceed with the widening of Fifth Avenue from H Street to Otis Street at the present time concurrent with the construction project of Owner, and WHEREAS, both City and Owner desire to proceed with the construction of said necessary public improvements, and to share in the cost of such construction in accordance with the terms and conditions of this agreement. NOW, THEREFORE, IT IS AGREED by and between the parties hereto, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, as follows: 1. IMPROVEMENTS Those public improvements to be accomplished pursuant to the terms and conditions of this agreement are the paving of the alley adjacent to property of Owner, the removal of existing curb, gutter and sidewalk on Fifth Avenue between H Street and Otis Street, and the install- ation of new curb, gutter and sidewalk on the H Street frontage and Fifth Avenue between H Street-and Otis, and the installation of new pavement on Fifth Avenue between H Street and Otis, and the relocation of the traffic signal located at the northeast corner of Fifth and H Street, in accordance with plans and specifications approved by the City Engineer and on file in the Department of Public rr~orks of the City of Chula Vista. 2. PERFORMANCE OF WORK Owner agrees to administer and carry out all work in connection with the installation and construction of said public improvements including securing of bids, letting of contracts and carrying out the work of con- struction, provided, however, that City preserves the right to request that additional bids be obtained should those received by Owner not be satisfactory upon analysis by City. Owner shall be strictly accountable for all funds received pursuant to this agreement and shall furnish City a total audit thereof upon completion of the project. City has prepared plans and specifications for said improvements which are on file in the office of the Director of Public Works. City shall also provide necessary engineering] surveying and all inspection required for said projects. 3. APPROVAL OF BID AND AWARD OF CONTRACT After bids for the improvements have been received and opened by Owner and prior to the award of any contract for said improvements by Owner, Owner shall notify City of the lowest responsible bid ar_d request its approval of said bid. If City is not satisfied with said bid, it may require Owner to secure addi- tional bids which will be subject to the same approval as original bids. 4, DISTRIBUTION OF COST Costs which shall be based upon certified copies of bids received by Owner and approved by City, shall be distributed and apportioned in the following manner: A. Owner shall pay for the paving of the alley, the removal of existing curb, gutter and sidewalk on Fifth Avenue between H and Otis Streets except for that portion adjacer..t to the property located at 484. Fifth Avenue, the removal of existing sidewalk on H Street adjacent to Owner's property, the installation of new curb, gutter and sidewalk on Fifth Avenue between H and Otis Streets except for that portion located adjacent to the property at 484 Fifth Avenue, and the installation of new sidewalk on H Street adjacent to Owner's property. B. City in addition to providing the necessary engineering, surveying and inspection shall pay for the new payment required on Fifth Avenue between H and Otis Streets, the construction of new curb, gutter and sidewalk on that portion of the Fifth Avenue frontage adjacent to the property located at 484 Fifth Avenue and the relocation of the traffic signal at the corner. __ -- 5. PAYMENT OF COSTS City shall pay to Owner for those portions of the work for which the City assumes the cost pursuant to the terms of this agreement, progress payments verified by paid invoices submitted by Owner to City. City shall pay to Owner in progress payments the full cost as determined by the lowest responsible bid, except for 10% which shall be withheld and paid to Owner at such time as said public improvements have been accepted by City. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. HOME FEDERAL SAVINGS AND LOAN THE CITY OF CHULA VISTA ASSOCIATION - OWNER `Ralph C. McD nald, Vice President Mayor t-rr;-~rrn and Building Manager APPROVED AS TO FORM BY George D. indberg City Att rney ~~ ~ 9~