Loading...
HomeMy WebLinkAboutReso 1982-10878 Revised 5/27/82 RESOLUTION NO. 10878 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA, EL RANCHO DEL REY CORPORATION, OTAY LAND COMPANY AND ROLL INVESTMENTS FOR THE CONSTRUCTION OF EAST H STREET PHASE I IMPROVEMENTS AND TRANSFERRING AND APPROPRIATING FUNDS THEREFOR, 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 between THE CITY OF CHULA VISTA, a municipal corporation, EL RANCHO DEL REY CORPORATION, OTAY LAND COMPANY, and ROLL INVESTMENTS for the construction of East H Street phase I improvements, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, 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 sum of $789,844 be, and the same is hereby appropriated from the unappropriated balance of Gas Tax Funds and transferred to GT 141, East "H" Street Construction. BE IT FURTHER RESOLVED that the funds listed below be transferred to GT 141, East "H" Street: Gas Tax Source GT 119 GT 120 GT 121 GT 139 GT 14 GT 83 GT 84 GT 104 GT 113 GT 122 Amount $ 18,300 2,133 1,582 9,012 3,851 8,862 136,557 56,786 98,760 122,000 $457,843 Presented by Approved as to form by - ... ~~ ~ George D. Lindberg, City Attorney LipPltt, Clty ADOPTED AND APPROVED BY THE. CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 1 st day of June ATTErfi~'7ld/ ~~Lddr City Cle 1lfJ., e City of Chula Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 10878 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 5/25/82 AGREEMENT BETWEEN THE CITY OF CHULA VISTA, EL RANCHO DEL REY CORPORATION, OTAY LAND COMPANY, AND ROLL INVESTMENTS FOR THE CONSTRUCTION OF EAST "H" STREET PHASE I IMPROVEMENTS (FROM HIDDEN VISTA TO 576.42 FEET WEST OF BUENA VISTA WAY) R E C I TAL S : 1. The City of Chula vista, hereinafter "City", desires that East "H" Street be constructed in order to facilitate traffic flow. 2. El Rancho del Rey Corporation and Otay Land Company, (hereinafter "The Gersten Companies") and Roll Investments desire to see East "H" Street constructed in order to serve their properties which are in the vicinity of the proposed street. 3. The City of Chula Vista has a policy of west to east development which precludes east to west development in the El Rancho del Rey area unless it can be shown that adequate circulation exists or is assured. 4. The Gersten Companies have developed a program for the construction of East "H" Street whereby all developers included within the program's boundary area are to contribute towards road construction in proportion to the number of average daily trips that their developments generate as compared to the areas total estimated trip generation. This program was submitted to the Chula vista City Council as the "East H Street Development program" . 5. The East "H" Street Development Program approved by the Chula Vista City Council on January 6, 1981 by Resolution No. 10371 is hereby made a part of this agreement and is attached as Exhibit 1. The principles set forth in this program shall be construed to be binding guidelines in the interpretation of this agreement. 6. The East "H" Street Development Program divides the road construction into three phases representing various total widths of improvements (2, 4 and 6 lanes). Phase I improvements (to be constructed pursuant to this agreement) consist of grading a minimum of 44 feet of right-of-way, partial installation of storm drain facilities, the paving of two travel lanes (30' total width), installation of approximately 9,470 lineal feet of curb and gutter, approximately 3,760 lineal feet of guardrail, and other appurtenant improvements. The phase I improvements are generally depicted on Exhibit 2 (herein attached and made a part of this agreement) and are to extend from the Hidden Vista Subdivision easterly boundary to 576.42 feet west of Buena Vista Way, an approximate distance of 9,640 lineal feet. The City Engineer shall compute the exact construction quantities for the Phase I improvements and shall determine the final proportion assigned to the City and The Gersten Companies and other participants as herein provided. 7. phase II construction will complete the grading, for the ultimate width (114 feet total right of way width), storm drain facilities, paving of an additional two travel lanes (30' width), installation of approximately 9,470 lineal feet of curb 7?- /otf7~ -1- and gutter, installation of the necessary guardrail protection and the construction of the median together with left turn storage pockets, intersection paving, street lights and median landscaping. phase III improvements will complete the construction of the final two lanes, curbs, gutter and sidewalk and slope irrigation and landscaping. The purpose of this agreement is to provide for the installation of Phase I improvements. phase II and III improvements are expected to be installed in conjunction with subdivision map approval requirements and in conformity with the East "H" Street Development Program procedures. The cost of these improvements shall be funded through payment of their propor- tionate shares by the City and Property Owners in accordance with the East H Street Development Program. 8. The East "H" Street Development Program does not set a construction due date but encourages early total construction completion. 9. The East "H" Street Development Program limits the total City obligation and responsibility at paying for two lanes of pavement and base, paying for one-half the street lighting and one-half the median island and landscaping costs from Hidden Vista to 576.42 feet west of Buena Vista Way plus $224,000 calculated to be the City's East "H" Street responsibility through the Watt Industry's Hidden Vista project. 10. The parties to this agreement desire to construct the Phase I improvements in two projects. Project Number 1 shall consist of all phase I grading and installation of drainage improvements. Project Number 2 shall consist of the paving of two lanes (30' total width), installation of 9,470 lineal feet of curb and gutter and 3,760 lineal feet of guardrail. 11. City participation in Phase I Projects 1 and 2 construction in excess of the work items specified in A, Band C below shall be reimbursable to the City in accordance with the East "H" Street Development Program reimbursement procedures with the exception that the reimbursement interest rate shall be ten (10) percent per year, simple interest, commencing to accrue on the date of acceptance of the total Phase I improvements by the City Council: A. Construction of two twelve (12) foot lanes of pavement including base. B. Construction of one-half of the median island curb. C. Payment of $224,000 (City's Hidden vista responsibility) . In the event that phase I, Project 2 is not awarded on or before August 5, 1982, then the total City participation in Phase I, project 1 shall be subject to reimbursement in accordance with the East "H" Street Development Program reimbursement procedures at 10% interest as specified above. Interest in this event shall commence to accrue on the date of acceptance of Phase I, Project 1 improvements by the City Council. 12. The City of Chula Vista in carrying out its Phase I construction responsibilities agrees to: n-/i/t7( -2- A. Prepare those agreements to which the City is or will be a party. B. Prepare and process environmental documents necessary to construct Phase I improvements. C. Check and approve plans and prepare specifications necessary to construct phase I improvements. D. Prepare bid documents and contracts, advertise for bids, receive bids and award contract for phase I improvements. E. Inspect and manage project. F. Determine road structural cross-section. G. Provide engineering construction survey services for phase I, project 2. H. Contribute a maximum of $1,228,440 towards the total phase I, project 1 construction cost and $542,698 towards the total Phase I, Project 2 construction cost. The total phase I improvement costs are defined in Section 15 herein.. 13. The Gersten Companies in carrying out their Phase I construction responsibilities agree to: A. Prepare plans and review specifications for phase I improvements. B. prepare and provide all necessary street and slope bank right-of-way dedication for the ultimate construction of East "H" Street within the Gersten Companies ownership. Such dedications shall not be subject to credit or reimbursement. C. Provide borrow site and prepare grading plans as necessary to accommodate the East "H" Street phase I grading work. D. Provide soils reports and soils engineering necessary to perform all grading operations in accordance with the project's plans and specifications. E. Provide engineering surveys necessary for the design of total East "H" Street Phase I project. F. Provide environmental field surveys and research necessary for the preparation of environmental documents. G. Relocate the 69KV power lines in conflict with construction of the ultimate East H Street improvements. H. Provide for paleontological monitoring. I. Provide engineering construction survey services for Phase I, project 1. J. Contribute a maximum of $469,000 less allowable expenses for non-construction costs including Items 13A through 131, all plus 3% overhead. Any remaining balance shall be paid in cash to the City within 15 days following acceptance of Phase I, project 2 by the City Council. Ii- It1%, 7t! -3- 14. Roll Investments, on their own behalf and on behalf of their successors in interest, agree to reimburse the City in accordance with the East "H" Street Development Program and this agreement at such time as its property is developed. 15. All parties agree that total phase I improvement costs shall include: A. All construction costs. B. The value of all construction responsibilities enumerated in Items 12 and 13 above including a 3% overhead expense. 16. A'll cost items shall be totaled at the end of phase I construc'd,,'.fl (expected completion by May 31, 1983) and the City Engineer shall determine the final proportion assignable to each party. Reimbursements and credits shall be done in accordance wi th the principles set forth in the East "H" Street Development Program and this agreement. 17. If for any reason, the City of Chula Vista does not award the contract for the construction of phase I, Project 1 improvements, this agreement shall be null and void. Dated: 6-2-82 THE CITY OF CHULA VISTA Da ted : -~J;z, 6i1', ~) 11 i'J /l.. . ,J-" THE GERSTEN COMPANIES El Rancho ~el Rey Corporation ,/_____/<i;:;-;/,^ -t) / /, " /.7 By: (~'_ i:__~/ (r;/ --' b~ <: {. r Otay Land ~ompany "" / By:/ / /~j;::J2. 6('A ( /qR/~'~ e. Dated: 5/25/82 ROLL INVESTMENTS '. , ,,':/ //j>/ " ",,/ 1(<tX<----- / ;;r'C---.,. By '"------- /i'-/()(7rf -4-