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HomeMy WebLinkAboutReso 1951-1271 RESOLUTION NO. 1271 •- ' ('1 d:Prj - • , . '^... X v,- trtmc.,,,,,,,,,4 . RESOLUTION NO. • 4 / , ,.. -, ,.._ q-(sbi ' 'RESOLUTION OF THE CITY COUNCIL° OF THE CITY._ OF CHULA VISTA APPROVING AGREE- MENT . , FOR PUBLIC WORKS KAN: PREPARATION - _ _ . THE CITY COUNCIL OF THE CITY OF CHULA STA DOES HEREBY RESOLVE AS FOLLOWS: ' That certain agreement, entitled "Agreement For Public Works Plan Preparation", dated August .ith, 1951, between . . ... . UNITED-STATES OF AMERICA, HOUSING AND HOME FINANCE ADMINISTRA- .. - - ' TION, and CITY -OF ql-IUkA VISTA, a copy of which is attached • hereto and by this' "reference incorporated herein, is hereby . , approved and .accepted by the CITY OF CHULA VISTA.- . That Herbert V. _Bryant„ Administrative Officer -of the 1 City, of Chulaist-a, and Kenneth P. Campbell, City Clerk of . . the City of- Chula -Vista, are hereby authorized and directed to execute the same for and om behalf of the City of Chula ... - - , :.... Vista. : - . ' iDOPTED- AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,' this 9th day of October, 1951, by the following vote, to-wit: - - - - AYES: COUNCILMEN Riesland, IThiSei, Logan. . , NAYS: COUNCILMEN None. . - - ABSENT: COUNCILMEN DeWolfe Kidder. . . ' . ' ' )V- 1‘-`• . Nwl-orJoe City of Chula Vista le -- i , ,1 . I ATTEST./ ,, .'4,44 ,, 41■_.., ity Cler - / ' ' . , , . . / I' / / O ' 4 b . , y V"...,15%;....(y&./ r",-.e. . . _ - . ., , , . , .• _ . . . . - • .- - : _ .. 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the above and foregoing is a full, true and correct copy of Resolution No. , and that the same has not bee-n amended or repealed. DATED: October 9th, 1951. • City Clerk- - - by - - �_ . Deputy - - -ti Tr . . F - _ i f . 4 r H-905 HOUSING AND HOME FINANCE AGENCY (12-50) - OFFICE OF THE AHMINIST!:tATOR COMMUNITY FACILITIES SERVICE AGREEMENT FOR PUBLIC WORKS PLAN PREPARATION Project No. • TO: City of C VitiiA , (LEGAL NAME OF APPLICANT) • . 0411414 nata* vie (ADDRESS OF APPLICANT) 1 ' Pursuant to the provisions of Public Law 352, 81st Congress, approved October 13, 1949, and your application, as amended and supplemented, and subject to the Terms and Conditions, dated December 15, 1950., attached,.hereto• and made a part hereof, the : .' UNITED, STATES. OF AMERICA, acting by ' and through the Housing. 'and; Hopi ce Admin- i•strator, hereby offers to make you an advance of. not' to "exceed $' to aid you in financing' the cost of plan preparation, , to consist ,of ` ty 4 i{�� for the proposed construction of adattatlett4 sevvett tte4terat 3 By the acceptance of this offer, you agree to complete the above-described' IA an preparation within 140 days from the receipt of the initial advance and covenant that you will repay the advance when required .to do so under the provisions of said Law and Terms and Conditions. This day of + , 195 . UNITED STATES OF AMERICA Housing and Home Finance Administrator y �� kATi44; p� �""'°" • •• 14+'I-J.4Z ERO1NEER) •• (TITLE) '/47r /e-/.92 7/ t'OS 1 -- ck�° , ACCEPTANCE The foregoing offer is hereby accepted this ? day of 45et-----A-- 19-5 / . ; CITY OF CHULA VISTA (LEGAL MANE OF APPLICANT) • - ' By ��� _.i���✓ ADMTIFSTRATIVE OFFICER • (TITLE) CERTIFICATE V J I, the un,dersigr�ed% 'fiEREBY' CERTIFY 'that I am the official custodian of the rec- ord�s and p-ro-cee�iirigs of '`the governing body of the above-identified Applicant; and that such records and proceedings show that, pursuant to proceedings of said govern- ing body had and adopted on the 9 day of , 195/, the foregoing offer of the United States of America has been unqualifiedly and duly ac- cepted by said Applicant. • This day of — — , 195%. (TITLE) (SEAL) . i • • • - 2 - • SECOND ADVANCE PLANNING PROGRAM TERMS AND CONDITIONS December 15, 1950 . 1. No advance, or any portion thereof, shall be utilized by any Applicant to defray the cost of any part of the plan preparation which, prior to the date borne by the offer (the acceptance of which creates the Agreement for Public. Works Plan Preparation) to which these Terms and Conditions relate, has been completed or has been included in any contract in which the Applicant has agreed to finance such plan preparation with any specific funds other than those to be supplied by the Government. 2. The Applicant' s expenditure of the advance shall be limited to the plan preparation for which the 'advance has been made, and the Applicant shall cause the . plan preparation to be such as will permit of the construction of the work contem- plated thereby at a cost which is within its ability to finance and which bears a reasonable relation to the estimate of cost. therefor contained in its Application for Advance for Plan Preparation for Non-Federal Public Works. 3. In the event an Applicant utilizes its own employees to accomplish the plan preparation only those costs incurred by the Applicant. for the plan preparation which would not have been incurred except for the undertaking of' the plan preparation shall be paid from the Government' s advance. , . 4. The Applicant shall keep accurate and complete records and accounts of all costs incurred by it in connection with the plan preparation undertaken pursuant to the said Agreement and these records and accounts shall be readily available for ex- amination by the authorized representatives of the Government during the Applicant' s regular office hours. A copy of these records and accounts, or any portion thereof, shall be furnished the Government's authorized representatives upon request. 5. The Applicant may requisition a payment of 25% of the advance provided for in the said Agreement upon the submission to the Government of a copy of its archi• tectural and/or engineering contract together with a copy of -its letter to the ar- chitect and/or engineer containing instructions to proceed with the aforesaid plan • tI° preparation, or, if theplan preparation is to be performed by the Applicant' s forces, the requisition shall be accompanied by a statement as to when the plan preparation will be started. Upon receipt of such requisition and supporting data, in satisfac- tory form, the initial advance payment will. be. made. The remaining payment- of the advance may be requisitioned when the plan preparation is completed, final costs are determined and presented to the Government together with evidence of. the Applicant' s approval thereof, including specifically the then estimated cost of constructing the • public work contemplated by the plan preparation, and any other approvals required . by Federal, State or local law. Upon receipt of such data, in satisfactory form, - and if the Government is satisfied that the Applicant has complied with all its ob- t ligations under the said Agreement the balance of the advance not exceeding actual - - plan preparation cost will be paid. • 6•. The Applicant shall promptly refund to the Government any portion of the Government' s advance which is in excess of the cost to the Applicant of the plan preparation. ie"AI V t • • 7. If the Applicant shall cause or permit the plan preparation to be abandoned prior to its completion without the Government' s consent, , the Government shall be relieved of all of its obligations under the Agreement and the Applicant shall • promptly refund to the Government any portion 'of the advance that has been pai-d by the Government. However, if such abandonment is formally consented to or concurred • in-by the Government, on the basis that it is to the Government' s interest to abandon the plan preparation, the Government' s obligation with respect to payment of an ad- . vance shall remain in effect but shall be limited to the amount of the Applicant' s • liability 'for. the cost of the plan'•preparation at the time of the abandonment, as • determined by -the Government.` 8. The Government may• elect to terminate all or any of its obligations under the said Agreement and to recover any and 'all funds advanced to the Applicant under • such Agreement: ' (a) If any representation of the Applicant in its application or in _any •supplement thereto or amendment thereof, or in any documents submitted to the Government by the Applicant in connection with such application, shall be incorrect or incomplete in any ma- . • terial respect; (b) If the Applicant shall fail to commence or complete promptly the plan prep'arat'ion- within the time provided therefor in the Agree- . ment or within the limits of any extension of `time as may be • approved by the Government, or if the Applicant shall fail- other- wise in the performance or fulfillment of any °of its obliga- tions to be performed or fulfilled under the Agreement; • (c) If the Applicant shall fail' to submit or cause to be submitted • - to the' Government any reports, data, plans, drawings, specifi- cations, contracts, estimates, approvals, or other documents • - pertaining to the plan preparation contemplated by the Agree- . ment, that may be requested by the Government; (d) If any official of the Applicant shall become directly or indi- rectly ii:terested, personally in any contract or subcontract in • connection with the aforesaid plan. preparation. 9. In the event the Applicant has employed or •shall -employ any person, firm, or corporation,' excepting bona fide employees and persons , firms, or corporations ' employed under a bona 'fi.de _contract to render ,professional or technical services only, to solicit or secure the .advance covered by the Agreement to which these Terms and Conditions relate, or any other contract right under such Agreement, upon an • agreement 'or understanding for a commission, percentage, brokerage, or contingent fee, the Government shall have the right to annul said Agreement without liability or in its discretion to deduct from the advance otherwise payable under the Agree- ment- the full amount of 'such commission, percentage, brokerage, or contingent fee. 10. The advance shall -be repaid in its entirety without interest when the con- struction of the public works planned with the aid of the Government' s advance is undertaken or started: Provided, however, if the advance is made to finance the plan preparation of two or more public works which are specifically described in the • said Agreement as separate units, the advance shall be repayable only with respect • - 4 - • ' to each such separate unit when construction of such separate unit is undertaken or started and only in the proportion which the estimated cost of the separate unit placed under construction bears to the estimated cost of all the public works de- scribed in the Agreement, which proportion shall be determined by the Government. The construction shall be considered as, undertaken or started when the first con- struction contract is awarded or the Applicant begins construction with its own • forces. 11. In the event the Applicant should, for any reason, fail to repay promptly the advance or any portion thereof in accordance with its obligation to do so, whether such obligation shall arise by operation of law or under the said Agreement, such unpaid sum shall bear interest at the rate of six (6%) per centum per annum from the date of the Government' s demand to the Applicant for the repayment to the date of payment thereof by the Applicant. 12. The Government shall not be obligated or liable under the Agreement to any party other than the Applicant. 13. No member of or delegate to the Congress of United States of America shall be admitted to any share or part of the Government' s advance or in any benefit arising therefrom. 14. The said Agreement is made subject to the following special conditions: None. • • • • g / O^' 7/ - 5 - HHFA-HIBB,Washington, D. C.