HomeMy WebLinkAboutReso 1986-12341 RESOLUTION NO. 12341
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE COUNTY OF SAN DIEGO FOR REAL PROPERTY
ACQUISITION SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City 6f 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 between THE CITY
OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN
DIEGO, a political subdivision of the State of California, for
real property acquisition services
dated the 21st pay of January , 1986, 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.
Presented by Approved as to form by
~hn P. Lippitt,° Director ( T~omas J.~r~on,
of Public Works/City Engineer ~2ity attoC~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this, 21st day of January
19 86 , by the following vote, to-wit:
AYES: Councilmembers Mcgandliss, Cox, Malcolm, Moore, Scott
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counci 1 members None
M~y~he City of Chula Vista
ATTE~t~~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Calif:ornia,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12341 ,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
AGREEMENT FOR REAL PROPERTY ACQUISITION SERVICES
THIS AGREEMENT, entered into this 21st day of Januar , 1986 ,
by and between the City of Chula Vis~ereinafter ca e ~ and t-l~e
County of San Diego, a political subdivision of the State of California
{hereinafter called COUNTY"),
W ITN ESSETH :
WHEREAS, CITY desires to undertake certain projects in the general area of
the City of Chula Vista but does not have the staff required to perform the
real property acquisition and relocation services which said projects will
require; and
WHEREAS, COUNTY has such staff prepared to perform said services in
conformance with State and Federal laws, which CITY desires to utilize.
NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1. General.
CITY hereby employs COUNTY to provide, and COUNTY agrees to provide, the
real property appraisal, engineering, acquisition and relocation services
stated herein for the compensation and upon the terms stated herein.
COUNTY shall be directly responsible to CITY, who shall make specific
requests for the services to be performed. COUNTY shall perform such
services in accordance with applicable State and Federal laws and to the
satisfaction of CITY.
2. Services.
(a) COUNTY shall perform such real property services as are requested by
CITY in connection with the acquisition of property for projects by
the City of Chula Vista. The scope of such services shall include
but not be limited to:
(1) Consultation with representatives of CITY on matters relating to
said acquisition.
{2) Prepare and review appraisal reports.
{3) Preparation of right of way plans and legal descriptions.
(4) Negotiation wi th property owners in an attempt to arrange
acquisition by purchase; however, all such owners shall be
informed that such acquisitions and prices will be subject to
approval by CITY Council.
R-12341
(5) Preparation of right of way contracts and other documents for
such acquisition.
(6) Preparation of communications to be filed with CITY Council
making appropriate recommendations regarding such acquisitions.
(7) When impasse in negotiations is reached, COUNTY will recommend
that an Action in Eminent Domain be initiated, and upon specific
instructions from CIlY, assist CITY Attorney in suit preparation
and any assistance required.
(8) Preparation of notices, calculation of benefits, or
administration of any other provisions of State or Federal
relocation assistance laws.
(9) Provide clerical services as required.
(b) The scope of such services shall not include:
(1) Legal services of any kind.
(2) Escrow services.
(c) It is further expressly recognized that all said services shall be
provided only at the request of CITY, and that CITY assumes no
obligation and makes no representation with respect to the amount of
services to be requested and may perform such services itself or
employ others to perform them.
3. Staff and Working Times. Upon receipt of a request for services from
CITY, COUNTY shall make available one or more employees as needed having
professional skills and experience in accordance with the requested
service. COUNTY shall also provide supervisory and/or advisory personnel
as needed. Said staff shall work normal COUNTY working hours and days.
COUNTY may, upon request of CITY, provide staff to work additional hours
or days and in the event it does so shall receive therefor additional
compensation at the same rate as would be received for work on normal
working hours and days.
4. Provisions. CITY shall provide desk space, office supplies and all title
reports, policies of title insurance, project construction drawings and
specifications and legal assistance.
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5. Compensation and Reimbursements.
(a) CITY agrees to pay the following amounts for work performed hereunder:
Associate (Journeyman) Rea] Property Agent staff - $57.00 per hour
Senior (Advisory) Rea] Property Agent staff - $7].00 per hour
Supervising Rea] Property Agent staff - $82.00 per hour
Administrative Secretary I (Clerical) - $23.00 per hour
Associate Land Surveyor - $60.00 per hour
Engineering Tech II - $40.00 per hour
(b) Said rates are subject to change at any time by COUNTY upon 30 days'
notice to CITY.
(c) CITY agrees to provide, or to reimburse COUNTY for its costs for the
following when incurred in connection with work performed pursuant to
this Agreement:
(1) Notary fees.
(2) Local and long distance telephone service.
(3) Reproduction, duplicating and blue printing service.
(4) Recording fees.
(5) United States, State or local Documentary Stamp taxes.
(6) Automobile parking fees and bridge tolls.
(7) Miscellaneous expenses incurred by COUNTY and approved by CITY,
including but not limited to travel expenses necessary in
providing the requested services. No travel expenses are to be
incurred outside San Diego County, however, without prior CITY
approval.
(d) COUNTY agrees that the total cost to the CITY of the above
acquisition services for the Telegraph Canyon Channel Flood Control
Project shall not exceed $50,000 without the prior written consent of
the City Engineer.
6. Payment.
(a) COUNTY agrees to provide CITY on or after the fifth day of each
standard COUNTY accounting period of 28 days, an invoice for services
rendered and a statement for reimbursable expenditures accompanied by
original receipts.
(b) CITY agrees to pay the amounts of such invoices and statements within
l0 days after their receipt by forwarding payment to the office of
the Director of the Facility & Real Property Division located at 5555
Overland Avenue, San Diego, California.
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t
7. Assignment. This contract may not be assigned or sublet by COUNTY, in
whole or in part, without the prior written consent of CITY, but may be
assigned by CITY at any time.
8. Termination. It is understood and agreed that this Agreement may be
terminated by either party upon thirty days' written notice.
9. Notices.
(a) Any notice by the COUNTY to CITY pursuant to this Agreement shall be
in writing and delivered to the CITY as follows:
Director of Public Works/City Engineer
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 92010
(b) Any notice by the CITY to COUNTY pursuant to this Agreement shall be
in writing and delivered to the Project Manager of COUNTY as follows:
Di rector
Facility & Real Property Division (0200)
5555 Overland Avenue
San Diego, California g2123
10. Indemnity. CITY agrees to defend COUNTY and hold it harmless from all
liability which may arise from the performance by COUNTY of this
agreement, excluding claims by employees of COUNTY for worker's
compensation or other benefits of employment. Said indemnity by CITY
shall not be construed to include any action of COUNTY or its agents prior
to the effective date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF CHULA VISTA COUNTY OF SAN DIEGO
Clerk of~che Board of Supervisors
/~,~___~ ~ Mayor
~ - City Clerk
Approved~ ~as to Form
~ C~ Atto rney
WPC 1799E
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