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HomeMy WebLinkAboutReso 1974-7213 Form No. 342 Rev. 9-71 RESOLUTION NO. 7213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HARDING C. CAMPBELL, FOR PARTICIPATION IN SEWER INSTALLATION, 100-200 BLOCK BAY BOULEVARD 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and HARDING C. CAMPBELL, for participation in sewer installation, 100-200 block Bay Boulevard, dated the 25th day of February , 1974 , a copy of which is attached hereto and incorporated herein, the-8ame 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 ~?WL Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 5th day the following vote, to-wit: Approved as to form by ll~/ /-}/'W ~.eo j0:'-~~~ GeOr~ndberg, City Atto~ the CITY COUNCIL of the CITY OF CHULA of March , 19~, by AYES: Councilmen Scott, Habel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen Egdahl ./) ATTE'~~A ( aL~ D puty Ci ty C"le ' ,~~.~~;: Mayor of the City of Chula Vista STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA , City Clerk of the City of that the above is a full, true , and that the same has not I, Chula Vista, Cal~forn~a, DO HEREBY CERTIFY and correct copy of Resolution No. been amended or repealed. DATED City Clerk AGREEMENT FOR PARTICIPATION SEWER INSTALLATION, 100-200 BLOCK, BAY BOULEVARD THIS AGREEMENT, made and entered into this 25th day of February , 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and HARDING C. CAMPBELL, hereinafter called "Owner": WHEREAS, the undersigned Owner of property identified as 215 Bay Boulevard, desires the installation of a sewer line to provide sevler service to the property shown on the attached "Exhibit A", and, WHEREAS, City desires to facilitate said installation of sewer by means of reimbursable financial participation, and WHEREAS, the Owner, whose property would be benefited by the installation of the sewer system, agrees to participate in the cost of constructing the sewer system. NOW, THEREFORE, IT IS AGREED, by and between the City and Owner as follows: 1. The City agrees to advertise for bids to accomplish the work set forth hereinabove and as shown on City of Chula Vista Drawing Numbers 74-~p thru 74-8D and, in the event that the lowest responsible bid recieved plus 10% contingency is equal to or less than the estimated cost of $32,000, the Owner agrees to make a cash deposit with the City Finance Officer following receipt of bids but prior to award of the contract by the City. The cash deposit required of Harding C. Campbell shall be 33.64% of the cost of the sewer in Bay Boulevard and engineering, plus 50% of the cost of the sewer between the sewer main in Bay Boulevard and the Metropolitan Trunk Sewer. The cost shall be based upon the lowest responsible bid. 2. City shall seek competitive bids to construct sewer main and appurtenances in accord with plans and specifications as approved by the City Engineer: Plans. she,ll be based upon th.e sewage collection system depicted upon "Exhibit A". 3. In the event that the lowest responsible bid plus 10% contingency is above the $32,000 estimated cost, the City will not proceed with award of contract without written approval of the Owner. f- 7;2.13 -2- 4. City agrees to contribute at its own expense all contract administration, advertising, and inspection services, and to provide maintenance and operation of the proposed sewer facility at no direct cost to the benefited properties. 5. City will not award the contract until the Owner makes a cash deposit with the City Finance Officer in accordance with Paragraph (1) above. Owner shall be allowed thirty days following receipt of bids in which to make a cash deposit with the City. If a cash deposit has not been made by the Owner at the expiration of such thirty day period, then the City agrees to abandon the project. . 6. Contingency funds as deposited by the Owner may be utilized to defray unforeseen construction expenses as may arise during the progress of the work. 7. It is understood and agreed that the total construction cost can possibly vary to some small extent necessitating an adjustment in the contract cost. Therefore, following completion of the work the City shall prepare an assessment diagram upon which the total construc- tion cost will be distributed against all properties benefited by the construction. All deposits made pursuant to the terms of this agreement shall be credited against the final assessment diagram. Any difference between a deposit made by an Owner and the assessment shown for his property shall be refunded to the Owner within thirty days following City Council approval of the assessment diagram. 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, and by the participating property owners as first hereinabove written. /} TING OWNER THE CITY OF CHULA VISTA -.. , .., ty._.,,,o_-? '_. / I ~~~i{~f:":)J ? ATTEST Deputy /q~" ~ Approved as (9_~orm by: ~. 1/ y},>c::J . / '-" ___~ /~/ ~.- d>~<'_~/0~ ".c:....c/ - I ~ --- ~- Georg~. Lindberg, City Atterney t 7/AFf to be within same. STATE OF CALIFORNIA COUNTY OF San Die,";o T- O~ ebruary 25, 197!, ~-~ -- , known to me Ihe pen;on~who," nam"------2c"---,ubsc,;bed 10 Ihe ;nsl'ument and acknowledged IhaL he execUled the ! l Z / J~lVI / '( LLc~<_LA-7 \ <--J - "-'1 r@i ~o/' FOR NOTARY SEAL OR STAMP ~''\.''~''~''-'---''''''''''''O'!~>!'I'~IIl:',"~'''.'''IlI...."Ilr.r~ ~()V"':' G,..,-:-:/',:','::~;2~".'N ~ ~.; 'J:":' ,: . r;:;' l'S. ,'.. ,~ '. 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