HomeMy WebLinkAboutReso 1969-5304RESOLUTION NO. 5304
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
SARATOGA DEVELOPMENT CORPORATION AND AUTHORIZING THE MAYOR
TO EXECUTE SAME AND PROVIDING FOR THE APPROPRIATION OF FUNDS
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, it is the recommendation of the Engineering Division
that the remaining 300 feet of channel be improved at the time the
public improvements are"constructed in Nacion Estates Subdivision, and
WHEREAS, Saratoga Development Corporation, the owner and
developer of Nacion Estates Subdivision has submitted an estimate in
the amount of $8,454.13 for the improvement of the channel; which
amount includes the cost of constructing the channel, engineering and
10~ contingencies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Chula Vista that that certain agreement between the City of Chula
Vista and Saratoga Development Corporation, dated the day of
__ _, 1969, a copy of which is attached hereto and incorporated
herein, t!-ie same as though fully set forth herein be, and the same is
hereby arproved.
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 said City.
BE IT FURTHER RESOLVED that the sum of $8,600.00 be appropriated
from the 1-55 Drainage Account Fund for the purpose hereinabove set
forth.
BE IT FURTHER RESOLVED that the Finance Officer be, and he is
hereby directed to record this Council action in the accounting records
of the City.
Pres rated by
Lane F. Cole, Director~~Public
Works
Approved as to form by
George D. indberg, City Att
ADOPTED AT?D APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA
CALIFORNIA, this 5th day of August , 1969 by the following vote,
to-wit:
AYES: Councilmen Scott, Sylvester, Hamilton, McCorquodale, McAll;G
NAYES: Councilmen None
ABSENT: Councilmen None
.i
.'Mayor of the City o,f Chula Vista
~ ~_'~
ATTEST '~- .~_ ~ _ - r l ~ ~ _, .- ~ ~~f~~~
.,~ City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
and that the same has not been amended
or repealed.
DATED
City Clerk
,`~~~,y
AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION
OF A PORTION OF A CERTAIN CHANNEL IN CONJUNCTION
WITH THE INSTALLATION OF PUBLIC IMPROVEMENTS IN
NACION ESTATES SUBDIVISION
THIS AGREEMENT, made and entered into this 5th day of
August 1969, by and between the City of Chula Vista, a
Municipal corporation, hereinafter referred to as "City", and
Saratoga Development Corporation, a California corporation, herein-
after referred to as "Subdivider";
W I T N E S S E T H
WHEREAS, Subdivider is presently developing that certain sub-
division known as Nacion Estates Subdivision which development includes
as a portion of the public improvements to be constructed, a major
storm drain system capable of carrying 311,000 gallons of water per
minute, and
WHEREAS, said storm drain has its outlet at the Southerly
boundry in said Nacion Estates Subdivision, and.
WHEREAS, approximately 300 feet of unimproved channel lies
between the outlet at the Southerly boundry of Nacion Estates Subdivision
and the existing improved channel in Flair Annex Subdivision to the
South, and
WHEREAS, the City Council has heretofore accepted the offer of
dedication for said channel, and
WHEREAS, the City Deems it advantageous to construct said 300 feet
of channel across said easement because of the following reasons:
1. The cost of improving the channel would be much less.
2. The City would have a fully improved storm drain and channel
from the west side of Highway 805 to East Rienstra Street.
3. Maintenance costs will be reduced.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and
between the parties hereto as follows:
1. Subdivider agrees to construct an improved channel for a
distance of approximately 300 feet between the outlet of the storm
drain at the southerly boundry of Nacion Estates Subdivision, which
drain is being constructed as a portion of the public improvements of
said subdivision, to the existing improved channel at the northerly
boundry of Flair Annex Subdivision. Said improvement shall be constructed
in accordance with plans and specifications approved by the Director of
Public Works and compatible with the requirements for the improvement
of that portion of the drainage channel located within the boundaries of
Nacion Estates Subdivision. ~~~~,
~~" -.~
2. Subdivider agrees to install said improvement consisting of
the construction of 7,265 square feet of P.C.C. channel including exca-
vation and 600 lineal feet of 6 foot chain link fence as shown on drawing
69-58D. It is understood and agreed that the cost of said work is to be
the same as the unit prices for the cost of the improvement of the drainage
channel being constructed by the subdivider within the boundries of
constructing the channel, engineering services, plus a 10% contingency.
3. City agrees to pay said cost in the estimated amount of
$8,454.13 plus 12% overhead and profit for subdivider upon verification
of the actual cost of the work presented to the City. City further
agrees to make partial payments of the full cost of the participation
upon submission and verification of request for payment accompanied by
vouchers with proof of payment and to make full payment of the cost of
said improvement upon completion and acceptance of. the improvements by
the City of Chula Vista. It is further provided that 10% of the proposed
participation cost shall be held by City for a period of six (6) months
subsequent to the completion and acceptance of said improvements in
accordance with the terms and conditions of the subdivision improvement
agreement heretofore entered into by and between the City and Saratoga
Development Corporation.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA _~
Mayor ~"
f ~" ~
ATTEST ~:-C~~ ~.,,.c..tc 4'.:~~ ~:~~-c.~c C-~.~n~.
_~ City Clerk
SA T„~.,GA DF,UELOPMENT CORPOP.ATION , a
i'fa ' a c~b~ation
B
Approved as to form by
.,
~~'/~~,~-~.n~': _,i ,~c..~",/ice ~1
George D. L~Cndberg, City tAttorney