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HomeMy WebLinkAboutReso 1969-5148RESOLUTION NO. 5148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROPERTY OWNERS, AUTHORIZING PARTICIPATION IN THE CONSTRUCTION OF A STORM DRAIN FACILITY IN THE 400 BLOCK OF BROADWAY IN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAME 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 PEP EL CAJON CORPORATION, HENRY ALGERT, LEO D. WELLS, and JOHN ANGELL, owners of properties located in the 400 block of Broadway, authorizing the City's participation in the construction of a storm drain facility in the 400 block of Broadway, dated the 29 day of April , 1969, a copy of which is attached hereto and by reference made a part hereof, 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 said City. Presented by Approved as to form by _. Lane F. Co e, Director f Public George D. L' dberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 29 day of April , 19 69, by the following vote, to-wit: AYES : Councilmen Hamilton, McCorquodale, McAllister, Sylvester NAYES: Councilmen Scott ABSENT ATTEST 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that the above is a full, true and correct copy of Resolution No. 5148 and that the same has not been amended or repealed . DATED April 29 , 1969 City Clerk ~pR~GtnFAl AGREEMENT AUTHORIZING PARTICIPATION IN CONSTRUCTION OF STORM DRAIN FACILITY IN THE 400 BLOCK OF BROADWAY ~THI AGREEMENT, made and entered into thisday of 1969, by and between the CITY OF CHULA VISTA, a municip corporation, hereinafter called "City, and PEP EL CAJON CORPORATION, 1122 West Washington Boulevard, Los Angeles, California; HENRY ALGERT, 428-B Broadway, Chula Vista, California; LEO D. WELLS, 578 "J" Street, Chula Vista, California; and JOHN ANGELL, 444 Broadway, Chula Vista, California, hereinafter called "Property Owners"; W I T N E S S E T H WHEREAS, Pep E1 Cajon Corporation, Henry Algert, Leo D. Wells and John Angell are owners of certain property located in the 400 block on Broadway in the City of Chula Vista, as more particularly described in Exhibit "A", attached hereto, located between 424 and 444 Broadway, City of Chula Vista, State of California, and WHEREAS, at the present time an open unlined drainage channel traverses said properties, dividing the properties in a manner so as to make substantial portions thereof unusable, and WHEREAS, Property Owners have heretofore petitioned the City Council of the City of Chula Vista to participate in a program of developing said drainage channel so as to improve the capacity of the channel and to undertake said improvement in such a manner so as to assure fuller utilization of the subject properties, and WHEREAS, the City Council of the City of Chula Vista has heretofore adopted Resolution No. 4786, which provides therein for policies and procedures for cooperative drainage projects, which states as follows in Section 6 thereof: °6. Cooperative drainage Projects. A cooperative drainage project is one in which the City shares the total cost of the installation with the property owner. The percentage of participation shall be based upon an estimate of the respective benefits derived by the City and the property owner prepared by the Director of Public Works, and the City's participation shall be limited to 50~ of the total cost of the most economical design. The purpose is to assist in the development of older areas which were sub- . divided without the construction of adequate drainage facilities, thereby reducing maintenance costs to the City. The City's share of the cost of such projects will be financed from the Capital Outlay Fund or Gas Tax funds as appropriate. Drainage facilities connected with new subdivisions are not eligible for cooperative financing unless the drain involved is one which has been previously classified as a Capital Improvement Project, and included in the City's Capital Improvement Program, and funds have been budgeted but not expended therefor. (a) Projects are eligible for cooperative financing if they meet any of the following conditions: (1) Will accept drainage off improved City streets or other public rights-of-way; (2) Will accept drainage from large partially developed areas and the property on which the drain is to be con- structed is already subdivided; (3) The drainage facility to be installed will benefit the City by eliminating a maintenance problem and/or a public hazard. -1- ~.~o ~~~~~ (b) Projects do not qualify for cooperative financing under the following conditions: (1) The facility is intended to provide a culvert under an unimproved street; (2) Drainage work contemplated is incompatible with the overall drainage plan for the area." and WHEREAS, the Director of Public Works has advised the City Council that the improvement of the drainage facility as contemplated by Property Owners would qualify for participation pursuant to said policy statement, and has submitted to the City Council a report which was considered by said Council on March 4, 1969, which report recommended to the City Council participation to the extend of $27,000.00, being one-half of the estimated cost of the designated Route A as one of the alternate proposals for the correction of the existing drainage situation, and WHEREAS, the City Council, on March 4, 1969, by minute action, indicated its approval of participation in said Route A to the extent of $27,000.00, and WHEREAS, subsequent to said authorization for participation, Property Owners have agreed that Route B would be of greater benefit to the subject properties, since the proposal encompassed within the plans for Route B contemplate construction of a closed drainage facility, which will further enhance the development and utlization of the subject properties, and WHEREAS, Property Owners are willing to pay the increased cost of the construction of such a facility. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. City agrees to participate in the construction of the hereinabove described storm drain facility located in the 400 block of Broadway, running approximately North and South from a point Northerly of that certain property located at 424 Broadway to a point approximately one hundred ninety feet (190') onto the property located at 444 Broadway, in the amount of one-half of the actual cost of said project, which cost shall not exceed the sum of $27,000.00 insofar as the obligation of the City to participate therein is concerned. 2. It is understood and agreed that the total cost of the project, for purposes of this Participation Agreement, shall include all engineering design and planning, construction staking, inspections, permit fees, and the actual cost of construction as derived from con- struction bids. 3. Property Owners may perform certain of the engineering design and plan preparation for the construction~of said drainage facility, which cost need not be considered as a part of the total cost of construction of the facility. 4. It is understood and agreed that property owners are authorized to secure bids, at least three (3) in number, for the accompliahment of the proposed drainage facility in accordance with the standards and procedures of the City of Chula Vista. It is further understood that acceptance of bids and award of contract will be subject to the approval of both the City Council of Chula Vista and Property Owners. At such time as bids have been accepted and prior to award of the contract, Property Owners agree to deposit with City those sums of money necessary to accomplish the construction of the drainage facility in accordance with the figures derived by the formal bidding process, which sum shall be one-half of the amount bid, or that sum over and above the amount of $27,000, being the City's maximum -2- .- . _~ n sl~~ amount of participation in said project necessary to fulfill the total payment of the contract. City agrees to appropriate, concurrent with the deposit by the Property Owners, one-half of the amount of the bid, not to exceed the agreed upon maximum amount of participation in the sum of $27,000.00. 5. Property Owners agree that the City of Chula Vista shall be authorized to supervise the construction of said facility thereafter in the same manner, utilizing the same procedures as required on all public works projects in the City of Chula Vista. Property Owners agree that the sum so deposited with the City may be used to make progress payments during the course of the construction of this facility, and City agrees that said sum shall be held in trust, solely and exclusively for the purpose of paying the cost of the construction of said storm drain facility. The amount so deposited shall include, in addition to the amount of the bid, the amount of construction staking, inspection fees and permit fees. 6. Property Owners agree to grant to the City of Chula Vista an easement, or to dedicate to the City an easement twenty feet (20') in width, over the area traversed by the drainage facility prior to or concurrent with the award of the contract by Property Owners. 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 ~ ~~ e Ci of Chu a Vista P PERTY OWNERS: ~N''-- ep El Cajon rporation ATTEST ; City lerk Henry A]lgert ` / J Leo D. Wells ~Yl/ Vltit~ C~~r~~WLVj/ ~~~ J n Angell Approved as to f~.r.~n ~~ r- ~~.~ George D !'Lindberg, City Attorne~ 0 ~~ ~r~~ HENRY W. ALGERT j `~', CIV1L ENGINEER ~o~srr• 428 Broadway CHULA VISTA, CALIFORNIA DecEmber~18,1g68 The Honorable City Council of the City of Chula Vista Chula Vista, California Gentlemen: The tindersigned owners of property at 424,426,428,430 and 444 Broadway respectfully request City participation in the construction of a storm drain along the rear property line.. wVe propose to pay for the pipe if the City will design and install it. Our justification for this request is that the City either caused or allowed (history is uncertain) the drain to be relocated about 25 years ago. Its original location varied from 100 to 200 feet west of the present artificial channel. 'e are aware of the proposed bond issue election. for storm drains for the whole city. However 1'V`r. John Angel is ready to start construction on a new building and his 150 foot contributmon will be lost if we wait on bond issue. Thanking you for your consideration we remain, Respectfully yours, - -- ~---Henry Algert - - ~j-~~~~ ~~~~~Leo 'r`vells v~~d~ ~ 1'~ ~~ John Angel ~'.S-/ ~~