HomeMy WebLinkAboutReso 1977-8783Form No. 342
Rev 3/74
RESOLUTION N0. 8783
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND V & V DEVELOPMENT, INC. FOR STREET IMPROVE-
MENTS ON EDGEMERE AVENUE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista daes hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
V & V Development, Inc., a California corporation, for Street
Improvements on Edgemere Avenue
dated the 16th day of August 1977 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
,.
.._ ; ~ ~ ~ _ ~;------a.
ti'
Approved as to form by
- ~-- ,
~--r _,-
John P. Lippitt, Acting Director ~~ Georg~~b. Lindberg, City Attorney
of Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 16th day of August , 1977 , by
the following vote, to-wit:
AYES: Councilmen Scott, Egdahl, Hobel, Hyde
NAYES: Councilmen None
ABSENT: Cauncilmen Cox
C..~.~.5~ ~ C
Mayor of the City of Chul Vista
AT'TE S
City Cleric
STATE OF CALIFORNIA]
COUNTY OF SAN DIE~;Oj ss.
CITY OF CF3ULA "VISTA]
I, , City Clerk of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. , and that the same has
not been amended or repealed. DATED
City Clerk
AGREEMENT FOR THE IMPROVEMENT
OF EDGEMERE AVENUE, CHULA VISTA
THIS AGREEMENT, executed this 16th day of August ,
1977, by and between THE CITY OF CHULA VISTA, a municipal corpora-
tion, hereinafter called "City", and V & V DEVELOPMENT, INC., a
California corporation, hereinafter called "V & V Development";
W I T N E S S E T H
WHEREAS, the City and V & V Development desire to enter
into a joint cooperative agreement to construct a portion of Edge-
. mere Avenue from Engineer's Station 12+78 to Engineer's Station
18+00 per City plan numbers 77-21D through 77-22D, and
WHEREAS, the City and V & V Development desire to proceed
with construction of said improvement and to share in the cost of
such construction.
NOW, THEREFORE, in consideration of the recitals, the
mutual obligation of the parties as herein expressed, the City
and V & V Development agrees as follows:
1. The City and V & V Development shall cause to be
constructed that portion of Edgemere Avenue from Engineer's
Station 12+78 to Station 18+00.
2. It is understood and agreed that the City shall pro-
vide the following services and funding for the project:
a. To design and prepare plans and specifications
for the project.
b. To provide inspection and contract management
services.
c. To perform all materials engineering necessary
to determine a suitable structural section and
to provide control testing during construction
of the project.
d. To pay the actual cost of constructing all
street improvements except for those improve-
ments and incidental expenses for which V & V
Development is obligated per this agreement.
e. To provide for the relocation of public utilities
as necessary for the construction of the street
project.
f. Upon completion of the installation of the im-
provements, the City will accept the facilities
and will assume full responsibility for the
operation and maintenance thereof.
3. It is understood and agreed that V & V Development
shall participate in said project pursuant to the following terms
and conditions:
- 1 -
a. To pay the actual cost of constructing 522 lineal
feet of street improvements which include the
following:
1. 497 lineal feet of curb and gutter.
2. 2,485 square feet of 4" thick P.C.C. sidewalk.
3. 288 square feet of 6" thick P.C.C. driveway.
4. A proportionate share of construction, engi-
neering, construction surveying, inspection
and administrative costs. Proportionate
share to be based upon a ratio of V & V
Development's share of actual construction
cost to the actual total project construction
cost.
b. To reimburse the City for the improvements speci-
fied in Paragraph 3a.
c. That after bids for the improvement have been
received and opened by the City, and prior to the
award of any contract for said improvement by the
City, the City shall notify V & V Development of
the lowest responsible bid.
d. That V & V Development shall deposit with the City
their share of the estimated construction costs
based upon estimated quantities and actual prices
bid for various items of work plus lOg contingencies
prior to the award of the contract.
e. That if bid prices for the items for which V & V
Development is responsible exceed the Engineer's
estimate by 15°s, then V & V Development may choose
not to participatein the project.
f. That if V & V Development chooses not to participate
in the project as detailed in Paragraph 3e, then
V & V Development shall be fully responsible for
the installation of all improvements as specified
in prior conditions imposed by the City in Reso-
lution No. PCM-77-5, dated February 23, 1977, and
as may be imposed by the City in regard to approval
'• of any future subdivision or parcel map or issuance
of a permit by the City for which V & V Development
has made application. This section only applies to
property owned by V & V Development which lies adja-
cent to the project, Edgemere Avenue realignment.
g. That after the final determination of construction
costs, the City will refund any excess construction
deposit to V & V Development. If there is a defi-
ciency in V & V Development's cost deposit, V & V
Development will be billed for the deficiency.
Final payment is due and payable upon receipt of
a bill from the City.
- 2 -
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers, duly autho-
rized, the provisions of which agreement are effective as of the
day, month and year first hereinabove written
THE CITY OF CHULA VISTA V & V ~EVELOPMENT,_~NC.
The Mayor of the City of C la Vista
ATTEST
City Cler
Approved as to form by
-City AttoYney
~/L[s~--
(Attach Notary Acknowledgment}
STATE OF CALIFORNIA
ss.
c COUNTY OF San 17~?~GL- )))
a AUQUSt 3 , 1977 ,before me, the undersigned, a Notary Public in and for
u° on XXXXXXXXXXXXXXXXXXXXXX ,
m said State, personally appeared
~' known to me to be the -President, `1~X}i Var^^ ~A1~ '
m
-
y
known to me to be iheTrea Surer - Secretary of the
corporation that executed the within instrument,
Q and known to me to be the persons who executed the within
C ment on behalf of the corporation therein named, and ar
t
i ~~'-=~'~~~-~~
,~ ns
ru ~•;;,..;•„ OFFICIAL SEAL
~ knowledged to me that such corporation executed the within ~j~r;; SYDNEY S. XtN~S
~ in5lrumenl pursuant t0 i15 by-laws Or a resolution of its board Of :.+`~sr(--s' ~;~-; NOTAP.Y PU3LIC ~ CALIEO RNIA
~'
~
O
a ~?+;~„J
PRINCIPAL OFf=1CE IN
o
dire CtOrs. ,,,,~,
SAN DIEGO COUNTY
V My Commission Expires December 11, 1978
0
o
WITNESS my ha d and official seal.
E
o Signature ~-~
Name (Typed or Printed) (This area For official notarial seal)
- 3 -