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~. O. ~ 1087
~ln Vista, Cali~ornla 920L~ RESOLUTION NO. 12143
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT RELINQUISHING AMENDED LIEN
AGREEMENT FOR CONSTRUCTION OF STORM DRAIN, APPROVING
REFUND OF EXCESS DEPOSIT TO THE PRICE COMPANY AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain Agreement Relinquishing
Amended Lien Agreement for Construction of Storm Drain, dated the
9th day of August, 1985, a copy of which is attached hereto and
incorporated herein, 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 the City of Chula
Vista.
BE IT FURTHER RESOLVED that the City Council does hereby
authorize staff to refund the Price Company their excess deposit
of $81,549.48 and provide a record of project completion and cost
participation.
Presented by Approved as to form by
~o~.P. Li~pit~, Director of CSa~l~s ~.. Gill, Assistant
~/Public Works/City Engineer City Attorney
0374a
85-327970
1~85 SEP 6 PM 2:37
I VE~,L. LYLE I
cOUNTY RECORDER
NO F~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 20th
(JOy of_ August
19_ 85 , by the following vote, to-wit:
AYES: Counc~]members Malcolm, McCandliss, Scott, Moore, Cox
NAYES: Council members None
ABSTAIN: Councilmember's None
ABSENT: Councilmembers None
e City of Chula Vista
STATE OF CALIFORNIA )
SOUNTY OF SAN DIEGO ) ss.
]ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, CalifornJa,
)0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. '12143
,and that the some has not been amended or repealed.
'A/ED August 30, 1985
(se(~l) ~// ' City Clerk"-
C-660
RESOLUTION NO. 12143
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT RELINQUISHING AMENDED LIEN
AGREEMENT FOR CONSTRUCTION OF STORM DRAIN, APPROVING
REFUND OF EXCESS DEPOSIT TO THE PRICE COMPANY AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain Agreement Relinquishing
Amended Lien Agreement for Construction of Storm Drain, dated the
9th day of August, 1985, a copy of which is attached hereto and
incorporated herein, 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 the City of Chula
Vista.
BE IT FURTHER RESOLVED that the City Council does hereby
authorize staff to refund the Price Company their excess deposit
of $81,549.48 and provide a record of project completion and cost
participation.
Presented by Approved as to form by
Lippit~, Director of CS~les ~. Gill,
~/Public Works/City Engineer City Attorney Assistant
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 20th day of August
19 85 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, McCandliss, Scott, Moore, Cox
NAYES: Counci] members None
ABSTAIN: C0unci lmembers None
ABSENT: Councilmembers None
e City of Chulo Vista
STATE Of CALIFORNIA )
3aUNTY OF SAN DIEGO ) ss.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
)O HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUT[0N NO. ].23.43
,and that the some has not been amended or repealed.
,ATED
(seal) City Clerk
C-660
138
AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND EDMUND A. GANN,
THE PRICE COMPANY, HSP HOLDING COMPANY, B.V.,
HSP BROADWAY DEVELOPMENT COMPANY, INC.,
HSP OXFORD DEVELOPMENT INVESTMENT, and
HSP NAPLES DEVELOPMENT, INC.
RELINQUISHING A LIEN AGREEMENT RECORDED IN
THE OFFICE OF THE SAN DIEGO COUNTY RECORDER
ON OCTOBER 14, 1982, AS DOCUMENT NO. 82-215774
* The Price Company, a California Corporation and
· . Slusa Inc. a Nevada Cormoration as successors in
THIS AGREEMENT ts made and entered ~nto on this ~ d~ of ~.~- zncerest t(
1985, by ~and between the ~!ty of Chula Vista': 'a municipal--~-~o"~oration'
hereafter called City, and Edmund A. Gann, The Price Company, HSP Holding
Company, B.V., HSP Broadway Development Company, Inc., HSP Oxford Development
Investment, and HSP Naples Development, Inc., hereafter collectively called
"Owner."
WITNESSETH:
WHEREAS, on October 5, 1982, the parties entered into a Lien Agreement
concerning the installation of a storm drain, and
WHEREAS, the City of Chula Vista adopted Resolution No. 11028 approving
that Agreement, and
WHEREAS, the Lien Agreement was recorded in the Office of the San Diego
County Recorder on October 14, 1982, as Document No. 82-315774, and
WHEREAS, the Owner deposited an amount of $290,000 as an advanced payment
~or construction of the storm drain, and
WHEREAS, the parties agreed to share on a 50/50 basis the actual
construction cost of the storm drain, and
WHEREAS, the actual construction cost of the project is $416,901.04 as
shown on Exhibit "A" attached hereto and incorporated herein by this
reference, and
WHEREAS, the BO~ share of the owner amounts to $208,450.52.
NOW, THEREFORE, for mutual consideration, the parties agree as follows:
1. Owner and City agree on the final project construction cost of
$416,901.04 to be shared on a 50/50 basis.
2. City shall relinquish the Lien Agreement accepted by Resolution No.
11028.
3. City shall reimburse Owner $81,549.48, an amount o the
Owner's excess deposit ($290,000 less $416,901.04 / 2).
4. City shall maintain the storm drain system.
IN WITNESS WHEREOF, this Agreement was made and entered into the date
hereinabove set forth.
THE CITY OF CHULA VISTA OWNER: E ........ A~-
The Price Company,
Ma r of '
yo i.ty Of Chu~a Vista
~4e4~R~q-44~.-~p~ Robert E. Price
for the partnership
Approved as to form by
Thdmas d. Harron, City Attm~
STATE OF CALIFORNIA) ss.
COUNTY OF SAN DIEGO)
On August 9, 1985 , before me, the undersigned, a Notar~y Public in
and for said State, personally appeared Robert e. I~r±ce known to me to be
the agent for the partners of the partnership that executed the within
instrument, and acknowledged to me that such partnership executed the same.
WITNESS mY hand and official seal.
~ ' NOTARY PUBLIC - GA~ IFOF~NIA
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140
EXHIBIT 'A' ~
HARBORSIDE DRAINAGE PROJECT
COST ANALYSIS
Deposit by The Price Club - Account # 400-4000-5910 $290,000.00
Original Contract Amount $403,864.00
Final Construction Cost 433,016.80
Change Order No. One, Extension of double barrel 60" R.C.P.
Total Additional Work $46,454.80
Total Cost of Deleted Items of Work 26,352.00
Total Difference (RC 08 funds) $20,102.80
Final construction cost includes the $26,352.00 which was part of the original
contract obligation of which the Price Club was to pay 50%.
Change Order No. Two, Modified Curb Inlet on Naples St. - $678.00
Final Construction Cost $433,016.80
Minus RC 08 Funds 20,102.50 (.30 error in Change
Order appropriation)
$412,914.3~
Add Cost of Work by Sweetwater
Authority 3,986.74
$416,901.04 / 2:
Price Club Cost $208,450.52
Deposit $290,000.00
208,450.52
Refund $ 81,549.48
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