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Home My WebLink AboutReso 1974-7433 Form No. 342 Rev" 3/74. /;' RESOLUTION NO~ 7433 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT aETWEEN THE CITY OF CHULA VISTA AND ROHR INDUSTRIES, INC. ~ WALTER F. HODGE, CITY LUMBER, INC. %HARDING C. CAMPBELL, HARLAN R. CASE, AND ORLEYE HITCHCOCK FOR PARTICIPATION IN SEWER INSTALLATI<pN, BAY BOULEVARD FROM F TO G STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Clty Council of the CLty of Chula Vista does hereby resolve as follows~ NOW, THEREFORE, BE IT RESOLVED that that certaLn agreement between THE CITY OF CHULA VISTA, a mU~lcipal corporation, and Rohr Industries, Inc., Walter F. Hodge, City Lumber, Inc. %Har~ing C. Campbell, Harlan R. Case, and Orleye Hitchcock for participation in sewer installation, Bay Boulevard from F to G Street da ted the 27th day of August , 19 74 , a copy of which LS attached hereto and lncorporated 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 Clty of Chula Vista be, and he LS hereby authorized:and dlrected to execute said agreement for and on behalf of the City of Chula VLSta, Presented by /~P-fUL Approved as to form by ~~n~ Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA, CALIFORN LA, th1.s 27th day of . August , 192!-, by the follow1.ng vote, to-wit: AYES: Councilmen Hyde, Scott, Hable 1 , Hamilton NAYES: CouncLlmen None ABSENT: Councllmen Egdahl ~.~L(, Hayor, of the Clty of Chula VLsta .._~ ATTE STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF CHULA VISTA) 5S. , City Clerk of the CLty that the above lS a full, , and that the same has I, of Chula Vlsta, Call.forn.La, DO HEREBY CERTIFY true and correct copy of Resolution NO. not been amended or repealed. DATED -City Clerk AGREEMENT FOR PARTICIPATION, SEWER INSTALLATION, BAY BOULEVARD, "F" STREET TO "G" STREET This agreement, made and entered into this 27th day of August , 1974, by and between the City of Chula Vista, a municipal corporation, hereinafter called "City", and the following indi viduals, hereinafter called "Owners" and Rohr Indus.tries, Inc. hereinafter called "Rohr". WITNESSETH: Whereas, Rohr is lease holder of property owned by California General, Inc., located at 310 Bay Boulevard and desires to install a sewer line, including manholes and other appurtenant work to provide a City sewer system to serve said property, and Whereas, the Owners, Walter F. Hodge, City Lumber, Inc. %Harding C. Campbell, Harlan R. Case, Orleye Hitchcock whose properties would be benefited by the installation of the sewer system, agree to participate in the cost of constructing the sewer system, and Whereas, the City agrees that construction of said sewer system would be to the best interest of the properties involved shown on the attached "Exhibit A". Now therefore, it is agreed by the City, the Owners and Rohr as follows: A. Rohr Agrees: 1. To prepare the necessary improvement plans to accomplish the work set forth above and to pay for all fees involved. 2. To prepare and submit all forms, applications and documents necessary for environmental review and to the Regional Coastal Commission. 3. Deposit with the City, Director of Finance, following 1.< ::;.~ -2- receipt of bids, but prior to award of contract by the City, funds needed plus 10% for contingencies, over that deposited by participating owners, to fulfill the financial obligations of the contract. 4. Funds deposited by Rohr will be in an amount proportionate on a percentage ratio as shown on Exhibit "B" for that property owned by California General, Inc. plus the proportionate percentage ratio of the properties owned by the non-participating owners failing to make their agreed amounts of deposit. B. Owners Agree: 1. To deposit with the City Director of Finance, following receipt of bids, but prior to award of contract by the City, cash money in an amount equal to their property proportionate percentage ratio, as shown on attached Exhibit"B" plus 10% for contingencies. C. City Agrees: 1. To prepare the contract documents, advertise for bids, award the contract, and administer the contract to accomplish the work set forth hereinabove. 2. To seek competitive bids to construct said sewer main, manholes and appurtenant work in accord with plans and specifications as approved by the City Engineer. Plans shall be based upon the sewage collection system depicted upon Exhibit "A". The City will not proceed with the award of contract until deposits amounting to 100% of the lowest responsible bid plus 10% contingencies are made with the Department of Finance. Deposits by owners to be .~ ~\ ::i '~J 11 , " -3- made within 30 days from receipt of bids. Deposit by Rohr to be made within 45 days from receipt of bids. If deposits amounting to 100% of the lowest responsible bid plus 10% contingencies are not made within 45 days from receipt of bids, then the City agrees to refund in full all deposits received, and to abandon the project. 3. To participate by contributing at its own expense all construction engineering and inspection, contract administration, advertising and to provide maintenance of the proposed sewer system at no direct cost to the benefited properties. 4. Contingency funds deposited may be utilized by the City to defray unforeseen construction expenses as may arise during the progress of the work. 5. The City shall prepare an Assessment Diagram against all properties benefited by the construction based on the total construction cost. It is understood and agreed that the total construction cost can possibly vary to some extent necessitating an adjustment in the contract cost. The assessment diagram will ensure to Rohr their repayment, plus interest, of those monies deposited against non- participating properties. All deposits made pursuant to the terms of this agreement shall be credited against the final assessment diagram. Assessments shall be spread on a percentage ratio as shown on the attached Exhibit "B". Any difference between a deposit made by a participating party to this agreement and the assessment shown for their property shall be refunded by the City Finance Director within 30 days following City Council approval of the assessment diagram. ----........, \ h -4- In Witness Whereof, this agreement is executed by the City of Chula Vista acting by and through its Mayor and pursuant to Resolution adopted by the City Council of the City of Chula Vista, authorizing such agreement, Rohr Industries, Inc. and by the participating property owners as first hereinabove written. The City o.~ll vistnL ..'.1 d~ r~'Cj; / Rohr Industries, Inc. C~~V~<' \~. /'n. ~I ~~- " Harlan R. Case ------- Orleye Hitchcock STATE OF CALIFORNIA COUNTY OF }-. SAN DIEGO On Auqust 12, 1974 - d N Public in and before me, the undersigne , a otary for said State, personally appeared E. C. Hoy known to me to be the Vi c e President, and M. Koteff . kn to me to be the A!':; !':;; !':; t: rt n t Secretary of th:CorporatiOD that executed the within In~~t, known to me to be the persons who e;r:ecuted ~he Wlthin Instrument on behalf of the Corporation th~rem named. and acknowledged to me that such corporation executed the within instrument p.ursuant to Its by-laws or a reso;- lution of its board of directors. WITNESS my~d and official J~~ .tJ.L> .-/ (Seal) ~ .~-~- Elaine K. Mllls .. '"IIIIII.IIIIlIIllIlIl~IIIlj;{.r.6:,mIQJl,I.r""!Jll.~~A'" ~. Notary Pohtilc:11IL lIJIIilfor said ~...- ~ 'I., ELAINE K. MILLS , ~ NOTARY P'U8LIC CA1.IFOMMA f ~ I"RINCIPAL OFFICE. I" ~ ~ SAN DIEGO COUNTY t ~ My COlT\1Tlission Expires Sept. 4, 1977. ~.. 8764 filllllli;ilJllIlllIlliIII1ll111111IliIlU11.UIIIIIUliluua..IIIMIIIIIIIUIlIlIllt!7: I.' I:!": i I l I) , ! t ) i ~ TO 447 C (Individual) @ STATE OF CALIFORNIA COUNTY OF ~/7 ae!'~' 0 On 4)'?4S/ /~~ /9:?-;l State, personally appeared } S5. before me, the undersigned, a Notary Public in and for said ~/~r /d~~ , known to me to he the person ~ whose name /J to the within instrument and acknowledged executed the same. WITNESS my hand and official seal. Si,.,,",,$.-...... ~ - t'-:::~ p7~G?<7c' ~ 1ff::e ~ 5 Name (Typed or. rinted) subscribed that~..e OFFICIAL SEAL ~ DUANE M. HUGHES I~ l' ~ NOT/.RY PUBllC-CAL,CORNIA ~ O'1{' SI\f'.! l?/EGO COUNTY ,,,,,,_:~~~~~om~SlOn.~~~s !an.23,19781 2:" ~".to. p '"' .....,...v- "...-..... -,--;:;..'-""""'... . ,.., . o. !:lOX 1087, Chura ViS73. CA. 92012 (This area for official notarial seal) ( Corporation) @ TO 449 C ST ATE OF CALIFORNIA COUNTY OF ~ .0/9" On ~f~.f / /~ /' ?7.y before me, the under,signed, a Notary Public in and for said State, personally appeared ~<?r'd;'~~ C. C:d~(7.#~// known to me to be the 5~.t' t:)L:.u~r!"" a"7et' President, uud. ~ known to me to be . Secretary of the corporation that executed the within Inst~ument, known to me to be the person' who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by.laws..<'Ir3 IBBslll.tioR sf itG boara, ~ rl~rp{'>tllrJ;:. } 5S. WITNESS my hand and official seal. Si,""m,AfZ,/4<>'~d'i-~ ~~~~~~~f Name (Typed rmted) . OFFICIAL SEAL . DUANE M. HUGHES 1/ a NOT4RY PUBUC-CA!. ;CORNIA 1: ~ . .., SA~ f?lEGO COUNTY t-"I ...fJrpiresJar-...23,1m a- ~-.. P. 0. ...-.-:.;;..ft; ~;f2' (This area for official notarial seal)