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HomeMy WebLinkAboutReso 1986-12622 RESOLUTI ON NO. 12622 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING CONTRACT FOR OWNERSHIP OF IMPROVEMENTS WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, pursuant to the provisions of the "Municipal Improvement Act of 1913", bein9 Division 12 of the Streets and Highways Code of the State of California, by adoption of its Resolution of Intention, declared its intention to order the acquisition of certain works of improvement, together with appurtenances, in a special assessment district known and des i gnated as ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is required that prior to the time that any works of improvement are ordered pursuant to said proceedings, the City may, by contract, provide that certain works shall be performed by other public agencies or regulated public utilities who will have the legal title to the facilities, and further that said improvements shall thereafter constitute a part of their system; and, WHEREAS, at this time, a contract has been submitted and reviewed pursuant to the authorization of Section 10110 of said Streets and Highways Code. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Agreement herewith submitted between the City and the Otay Water District, relating to the construction and installation of certain water f ac i I it i es that wi 11 be under the ownershi p, management and control of said District, is hereby approved, and said Agreement is hereby autho- rized for execution by the Mayor and the City Clerk. SECTION 3. That immediately upon execution, a conformed copy of said Agreement shall be transmitted to the offices of the Otay Water District, together with a copy of this Resolution. APPROVED and ADOPTED this 22nd day of July , 1986. - --"---~-----------------_._"-" --""- -- STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, JENNIE M. FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 12622 , was duly passed, approved and adopted by the City Council, approved and s 1 gned by the Mayor. and attested by the City Clerk, all at the regul ar meetin9 of said City Council held on the 22nd day of July , 1986. and that the same was passed and adopted by the followlng vote: AYES: COUNCIL MEMBERS Cox, Malcolm, Moore, Campbell, McCan~iss NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNC IL MEMBERS None EXECUTED this day ,of , 1986, at Chula Vista, California. CITY tLERK CITY OF CHULA VISTA STATE OF CALIFORNIA ~fft.. ~ """-....:;:-~ ON OF (HUlA VIsrA "" "---0--- ----"-«------"""------"-"" --"._---- AGREEMENT FOR INSTALLATION, ACQUISITION, CONVEYANCE, MAINTENANCE AND OPERATION OF IMPROVEMENTS THIS AGREEMENT, made and entered into thi s »nd day of 5u I~ ' 1986, by and between the CITY OF CHULA VISTA, CALlFOlmIAl1ïereinaftërëã1 d "Clty"), the OTAY MUNICIPAL WATER DISTRICT (hereinafter called "District"), and the EASTLAKE DEVELDPMENT COMPANY (hereinafter referred to as "Property Owner"). WHEREAS, City is considering proceedings pursuant to the provisions of the "Munici- pal Improvement Act of 1913", bein9 Division 12 of the Streets and Highways Code of the State of Cal ifornia, for the acquisition of certain improvements, including water improvements, within a special assessment district, and to assess the costs and expenses of such improvements against properties benefiting from said improvements, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District") and, WHEREAS, District is a public agency, organized and existing under the laws of the State of California, and is authori zed and ob ligated to provide service to the territory and property within the boundaries of the proposed Assessment District; and, WHEREAS, Property Owner is an owner of property within the boundaries of the proposed Assessment District, and sai d Property Owner is desirous to construct and install certain utility improvements prior to any sale of bonds for said Assessment District; and, WHEREAS, the improvements to be acquired under the Assessment District i nc 1 ude certain publ ic improvements, together with certain major transmi ss i on water line improvements, together with appurtenances, as shown on the pl ans and spec ificat ions as set forth in the Engineer's "Report", and the improvements proposed for thi s Assessment District which will be under the ownership, management and control of District are herewith described as the acquisition of major water transmission improvements to serve and benefit propert ies within the boundaries of ASSESSMENT DISTRICT NO. 86-1. WHEREAS, City, District and Property Owner desire at this time to enter into this Agreement pursuant to the provisions and authorization of Section 10110 of the Streets and Highways Code of the State of California. NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows: REC ITALS SECTION 1. That the above recitals are all true and correct. I PROCEEDINGS SECTION 2. City shall continue to conduct proceedings for financing the acquisition of improvements proposed for the above-referenced Assessment District, including those facilities to be under the ownership, management and control of District, and for a full and complete description of the works of improvement to be under the control, management and ownership of District, reference is hereby made to the plans and specifications, all of wh i ch wi 11 be incorporated in the Engi neer s "Report" for the above- referenced Assessment District, and to the attached, referenced and incorporated Exhibit "A". PLANS AND SPECIFICATIONS SECTION 3. District has approved all pI ans, specifications and drawings for the proposed water transmission facilities, and has and wi 11 cont inue to provide administration, supervision and inspection as necessary and requ i red for the construct i on and install at i on of the above-referenced improvements. PROPERTY OWNER CONSTRUCTION SECTION 4. In order to expedite the proceedings prior to the sale of any bonds, Property Owner has constructed and installed said facilities. Upon a successful sale of bonds, the City shall then pay to Property Owner the costs and expenses of the facilities, pursuant to the terms of that certain Acquisition/Financing Agreement by and between Property Owner and City, a copy of which is on file in the Office of the City Clerk. IMPROVEMENT FUND SECTION 5. Upon the confirmat ion of an assessment to pay the costs and expenses of the works of improvement, the City shall establish a special Improvement Fund, into which shall be deposited all payments made upon any assess- ment, as well as the proceeds from the sale of bonds. This Fund shall be used exclusively for the payment of the costs and expenses of the proceedings and to reimburse costs for the the construction and installa- tion of all public facilities. PAYMENT SECTION 6. All payments required to be made by City for the Assessment District shall be made solely and exclusively from the special Improvement Fund, and Ci ty shall not be obI i gated to make any such payment from any other funds or monies of said City. This Agreement is subject to the power of the legislative body to abandon the proceedings at any time prior to the effective date of this Agreement. OWNERSHIP OF FACILITIES SECTION 7. Upon completion of the installation of the facilities, District will own, operate and maintain said improvement facilities, and will continue to provide service to the property owners within the boundaries of the Assessment District in accordance with all valid laws, regulations and ordinances in force. Said facilities shall become part of the system of District and shall thereafter be used, operated and maintained as part of said system. AUTHORIZATION SECTION 8. This Agreement is made pursuant to the authorization of Section 10110 of the Streets and Highways Code of the State of California, the "Municipal Improvement Act of 1913". EFFECTIVE DATE OF AGREEMENT SECTION 9. Pursuant to Section 10110 of the Streets and Highways Code, this Agree- ment shall become effective after proceedings have been taken and work ordered, pursuant to the "Municipal Improvement Act of 1913" and funds are available to carry out all of its terms. In the event the proceed- ings for the format ion of the spec i a I Assessment District shall be abandoned, enjoined or held by a court of competent jurisdiction to be illegally or improperly conducted, or if for any reason the proceedings are not consummated, or if consummated and funds are not sufficient or available, then th is Agreement shall be term i nated and any Agreement between the parties shall be cancelled. NOTICE SECTION 10. Any notices authorized or required by this Agreement shall be deemed to have been given when deposited in the United States mail, postage pre- paid, address to the persons below listed: TO CITY: CITY OF CHULA VISTA P.O. BOX 1087 CHULA VISTA, CA 92012 ATTENTION: CITY MANAGER TO DISTRICT: OTAY MUNICIPAL WATER DISTRICT 10595 JAMACHA BOULEVARD SPRING VALLEY, CA 92078 ATTENTION: GENERAL MANAGER TO PROPERTY OWNER: EASTLAKE DEVELOPMENT COMPANY 701 "B" STREET SAN DIEGO, CA 92101 ,SPECIAL ~ERMS AND CONDITIONS SECTION 11. This Agreement, settin9 forth the procedure for the financing of the above-referenced transmission facilities, shall amend and supercede any Agreements previously executed which may be inconsistent with the terms and conditions as set forth herein. IN WITNESS WHEREOF, the part i es hereto have executed th i s Agreement on the day and year first hereinabove written. "CITY" :::V OF :t;;TAJ C~ ATTEST: þ}¡~ ~ ~dJh (j "DISTRICT" OTAY WATER DISTRICT By: ~~J£~ ATTEST: ~ Milton R. Emerson General Manager ~ Mitchell Koteff District Secretary "" EASTLAKE DEVELOPMENT COMPANY "PROPERTY OWNER" SPECIAL TERMS AND CONDITIONS SECTION 11. This Agreement, setting forth the procedure for the financing of the above-referenced transmission facilities, shall amend and supercede any Agreements previously executed which may be inconsistent with the terms and conditions as set forth herein. IN WITNESS WHEREOF, the parties hereto have executed thi s Agreement on the day and year first hereinabove written. "CITY" CITY OF CHULA VISTA By: ATTEST: "DISTRICT" OTAY MUNICIPAL WATER DISTRICT By: ATTEST: STATE OF CALIFORNIA ) ) 5.5. COUNTY OF SAN DIEGO) ON THIS / pi' DAY OF ("/(L Ie/-- ,19 yc:;';', BEFORE ME, THE UNDERSIGNED, A NOTARY, 'PUBLIC IN ~ FOR SAID ~TY AND STATE, PERSONALLY APPEARED ,Y:y/')o1 "" ',,(,,7,:; 5 KNOWN TO ME (OR PROVED TO øt-! THEß.ASIS OF SATISFACTORY E1,1 DENCE) TO B THE S~ "/ t' ( /:;--1£./, OF :t:z ~:{' ,¿. 0 ,A PARTNERSHIP, THE PA NER HIP THAT EXEC TED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED THE SAME, PURSUANT TO ITS BY-LAWS. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES \ 5:/,:&/ IL/H/J -? , 19~ "] / OFF KATlll.£EN A. ARNOlD -_.- ---.. UII_- Il1O- u. EXHIBIT "A" ASSESSMENT DISTRICT NO. 86-1 (Acquisition) WATER IMPROVEMENTS Item No. Description Quantity Unit Price Total 1 Mobilization and Demo- bilization Lump Sum $ Lump Sum $ 4,000.00 2 8" Class 150 ACP 1101.f. 13.00 1,430.00 3 10" Class 150 ACP 975 1. f. 16.00 15,600.00 4 10" Class 250 ACP 150 I. f. 24.00 3,600.00 5 12" Class 150 ACP 5,140 1. f. 22.00 113,080.00 6 6" Class 250 ACP 7251.f. 26.00 18,850.00 7 6" Class 150 ACP 130 I. f. 9.00 1,170.00 8 8" Class 150 ACP 245 I.f. 28.00 6,860.00 9 12" Class 250 ACP 3,695 I.f. 28.00 103,460.00 10 16" Class 250 ACP 2,948 I.f. 38.00 112,024.00 11 20" Class 250 ACP 2,873 I.f. 48.00 137,904.00 12 24" Class 250 ACP 550 I.f. 88.00 48,400.00 13 6" Class 200 Resilient Seat Gate Valve 16 Ea. 750.00 12,000.00 14 6" Class 250 Resilient B.F.V. Assembly 6 Ea. 1,300.00 7,800.00 15 8" Class 1 SO Butterfly Valve Assembly (BFV) 2 Ea. 750.00 1,500.00 . 16 8" Class 250 BFV 6 Ea. 2,100.00 12,600.00 17 10" Class 150 BFV 3 Ea. 800.00 2,400.00 " EXHIBIT "A" ASSESSMENT DISTRICT NO. 86-1 (Acquisition) WATER IMPROVEMENTS Item No. Description Quantity Unit Price Total 18 10" Class 250 BFV 3 Ea. 2,400.00 7,200.00 19 10" Class 150 BFV 3 Ea. 950.00 2,850.00 20 12" Class 150 BFV 2 Ea. 950.00 1,900.00 21 12" Class 250 BFV 3 Ea. 2,500.00 7,500.00 22 16" Class 250 BFV 6 Ea. 5,500.00 33,000.00 23 20" Class 250 BFV 2 Ea. 7,000.00 14,000.00 24 6" Class 150 Fire Hydrant Assembly 20 Ea. 1,500.00 30,000.00 25 6" Class 250 Fire Hydrant Assembly 6 Ea. 1,900.00 11,400.00 26 8" Pressure Reducing Station 1 Ea. 18,022.00 18,022.00 27 1" Air Release and Vacuum Relief Valve Assembly 7 Ea. 800.00 5,600.00 28 2" Air Release and Vacuum Relief Valve 4 Ea. 1 ,200.00 4,800.00 29 2" Side Blow-Off 4 Ea. 850.00 3,LlOO.00 30 2" End Cap Blow-Off 13 Ea. 850.00 11,050.00 31 4" Blow-Off 2 Ea. 5,000.00 10,000.00 32 Anchor Block Rebar 759 Lbs. 1.50 1,138.50 33 Water Line Connection 1 Ea. 7,057.00 7,057.00 3L1 2" Water Service 16 Ea. 900.00 14,400.00 35 6" Water Service 1 Ea. 6,700.00 6,700.00 EXHIBIT "A" ASSESSMENT DISTRICT NO. 86-1 [Acquisition) WATER IMPROVEMENTS Item No. Description Quantity Unit Price Total 36 20" x 12" Water Mainline Stubout 1 Ea. 24,772.00 24,772.00 37 20" x 8" Water Mainline Stubout 2 Ea. 23,000.00 46,000.00 38 16" x 12" Water Mainline Stubout 1 Ea. 19,360.00 19,360.00 39 12" x 10" Water Mainline Stubout 1 Ea. 17,000.00 17,000.00 40 12" x 8" Water Mainline Stubout 2 Ea. 16,000.00 32,000.00 41 12" x 8" Water Mainline Stubout 1 Ea. 7,000.00 7,000.00 42 Water Meters Lump Sum 15,430.40 15,430.40 [lrrigation-4 Total) Total Water Improvements Only $ 954,257.90 EXHIBIT "A" DESCRIPTION OF WORK ASSESSMENT DISTRICT NO. 86-1 CITY OF CHULA VISTA (ACQUISITION) WATER IMPROVEMENTS ONLY The general description of water improvements to be acquired by this Assess- ment District consists of the following: A. Construction and installation of approximately 8,900 feet of 12 inch domestic water line and appurtenances in Lakeshore Drive, EastLake Drive, Hillside Drive and located within an easement from La keshore Drive southerly approximately 600 feet then westerly to Gotham Street. B. Construction and installation of approximately 3,000 feet of 16 inch domestic water line and appurtenances in Lakeshore Drive and EastLake Drive. C. Construction and installation of approximately 2,900 feet of 20 inch domestic water line and appurtenances in EastLake Drive and Lakeshore Drive. D. Construction and installation of approximately 600 feet of 24 inch domestic water line and appurtenances located in an easement from Lakeshore Drive to 600 feet south of Lakeshore Drive. EXHIBIT A ASSESSMENT IJsrRICT 86-1 . I NO SCALE LEGEND Villi IA AREA OF ASSESSMENT DISTRICT . . .. WATER FACILITIES AND APPURTENANCES TO BE ACQUIRED. /)