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HomeMy WebLinkAboutReso 1976-8394RESOLUTION NO. 8394 RESOLUTION OF THE CITY COUNCIL OF T-HE CI''TY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTHWESTERN COLLEC,E FOR THE CONSTRUCTION OF THE HORTICULTURAL GARDEN PARK 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 SOUTHWESTERN COLLEGE, for the construction of the Horticultural Garden Park dated the 2nd day of November 19~~, 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 TT 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 Emerson Hall, Director of Pa s and Recreation Approved as t~,form by ~~' r ~~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of November , 15 76 by AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton NAYES: Councilmen ABSENT: Councilmen None None ~. ---~ Mayor of the City of Chula Vista ~r ~% ~ ATTES'~ ~ t rf ~ . .~ ~ t.,~, ~ ~ ~ ~; City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 .jOIi~T EXERCISE OF PO-J~dERr: ArJREElv1i~.i~TIiETWI?t=slv TIME C1T'i OF CI-IULA `v"ISTA ANli S`,'~'E';'T~AJATER COiv1i~QUNITY COLLEGE i~iSTRICT FGR Z'HE CONSTRUCTION OF THE EIORTI:CULTUP.AL GARDI~I PARK iII1S jOi1vT EXERCLSE OF FO~'~%EFcS AGREEi\4>~T, made and entered into d~i.s 2nd _day of November, 1976, by and betv~~een die CITY OF CI-IULA VISTA, a municipal corporation, hereinafter. called "City", and S1~'EET`;0'ATER COIv11\~UNITY Ci)LLEGE i~ISTF.iCT, hereinafter called "College District"; W I T N E S S E T H 1~%HEREAS, Chapter 6 of Division 12 of the Education Code of the State of California authorized counties, cities and school districts to coaperate wide each other in the development and execution of adequate programs of community education and recreation, and ~,rTHEREAS, i~rtilce 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes public agencies to contract with each ether to jointly exercise a pov~er common to said contracting parties, and V~'HEREAS, the City of Chula Vista and Sweetwater Commtunity College District have heretofore entered into agreements to develop recreational facilities for the use of the entire community including the citizens of Chula Vista as we)1 as ;.hose in the unincorporated areas surrounding the Southwestern College Campus, and WFIEP.BAS, the City Council of the City of Chula Vista has long been inter- ested ir_ the development of a major botanical. garden which would provide a true attraction for tourists from out of the area as well as providing education, recreational and quality environmental aspects for all the citizens of the community, and `1%HEP.EAS, it iias been proposed that such a major botanical garden arboretum con-;prising a truly distinctive "formal garder. park development" be lacated on ripe Soatl-:westc:rn College Campus and both the City of Chula Vista and Sweetwater Community College District participate in its development, and WHEREAS, the City of Chula Vista and Sweetwater Community College District have heretofore approved the concept of said botanical garden, and t«e City of Chula Vista on Iv4arcl-i 1 i , 1970 adapted Resolution No. 5574 urging the development ef. such a'botatiical garden. NOW, THEREFOI~E, in corsider.ation of the mutual covenants and coa- ditiens contained herein, the parties hereto agree as follows: 1. FACILITIES TO FsE CONSTRUCTED. City shat construct, in accordance wide the terms and conditions of this agreement, a botanical garden tii-hich shall consist of an area of rolling terrain ~,vitli a variety of slopes, a wide variety of plants and access by nature trails. Tl~e facilities anal pliant materials shall be designed and developed into an aesthetic whole by a Landscape r"v-chitect raid all plants shall be hroherly identified. There shall be a buildincr to house niaiutena!ice needs, a museum, and rest room needs. There shall be an outdoor de,nanstration and lecture platfoxtii with seating capacity for I00 people, includnng audia-visual facilities. Tl7ere shall be parking far a mininn;m of 100 cars. 1.. L. L.OC.li ; l`.iiti Ol' 1 l;l:Ill i aLa Tl:,c- location of all facilities of the Chula'Jista Botanical Gardens shall i~^ on 'he So;.:thweste~-n College ca;r,pus on that area more part;cularly described i.u r'.xhi.bit "A", att=ached licrct:o anri incornorateil herein by reference as if set forth in full, }:noz~~n as Parce=l Map i`Io. S being arc area of approximab~l.y 19. 72 acres. College District agrees to initiate proceedings pursur ~t to Article 5, (commenc~*~i=: + n-Lr^mr-iph 16201) Chapter 2, Division 12, Part 3 of the Education Code with intent to convey the above described real pr«perty to the CitZ= in fee simple detcrnzinabi.e with the College District retairring a possib_lit}% of re-verte± in event ':iat {1) that the Ci`y does not proceed ;~; i.th th;: development. of a potanical. Garden vaithiti 5 years from date of excution of this agreement. {2) the City uses said property, or any part thereof, for any purpose riot directly related to the•developmert, maintenance and operatiers of a botanical arden. l.f a conditio~~ subsequent provided herein is defeated by t=he non-perforn~a.nce of arty condition condition, the City agrees to immediately reconvey the property to the College Districi, by ~-r•~~~r. duly acknowled~~ed for record and in accordance with Civil Cede Section 110. 3. SOILS TEST. City shall provide all necessary soils test and required utilities to the site. 4. FlI~ANCLNG. Ciry agrees to pay tie foil costs of tie construction of said botanical gardens to be fi<.anced v~ith funds secured front, a grant under the Local Public Works Capital De=velopment and Investment Program of ].976. City agrees to make application for said grant monies in the total amount of 5813,910, and assumes full costs for such application. 5. SELECTION OF ARCHITECT AND ARCHITECT'S DRAVI~L`4GS. A Landscape Architect shall ue selected by the Cif. Prelimi.n.ary project plans of arcln_tect's dr3v,~ings, including plant materials, shcematics and cost estimates, . shall be subject to approval jointly by City and College District. Final ~vorl:ing dra~vir_gs required for construction shall also be subject to such joint approval and title to said. drazvi_ngs shall. be vested in City, with as-built plans to be furnished to College District far architectv-ral reference. 6. CONSTRliCTiON BDS. Upon completion of the preliminary plans and the sig:ting of a joint powers agreement fnr easements, City shall advertise for formal bids, in accordance with t,c previsions of the Charter of the City of Chula Vista, and all. bids shall be subject to tie approval of City, provided, however, that College District shall be accorded the oppor- tunity to revieTN and comment upon bids as received prior to the award of contract by City. 7. ADMINISTRATION OF CONTRACT. City shall be solely responsi?.~le for the administration of the contract for the construction of the Chula Vista Lotanaicai Gardens, and for t~:e interpretation of die provisions of tie contract, continued inspection of tie work in progress and any other elements or the supervision of rile wort: to be performed pursuant to t11e contract. P!~ogress pa` meats and construction costs, including inspection fees shall be paid in accordance with the direction of t?e Ciry of Chula Vista. 8. CHANGE ORDERS. Any change orders or estr3s whit':: may 1_,e r.equestcd during the course of construction shalt be subject to the approval of City, and shall b.e administered by tie Citj'; providi=d, however, the Collc_e District she_li receive nc+*ii;.ation prior to said app).:0'1'31 for t:C pnrpoSe. Of determining; \':'11CC~ler such Ch 3n~~C Ort~erS Or C.l"tI'3S wUilld affect rte scope of the project so as to change tie commitment of Collage District. ~'. ii`iSUIt-~'1'~C'E -HOLD E:ii~,~tLl~;SS. Throughout Llc constructio~~ period, the Cit}> hall provide adequate lial)ii iii i11.~?ll'3i'f ::e 1.^i the Sllm Of ~~JUi)J, ~/1)~j, f/~/1)l ankeL COV erase for p;'rSOn al. Ln~iirV and ~;,0, i~0. s`i."s ic,r :;amage to perscnal propert~~, anG shall. name Lie Colie~c: as co-i~isured ir,. saiu olicies. City shall pay any ant: all claims arising as a result of: the consta-uct?on cf said facilities. 1.0. ACCEPTANCE OF ~~'OP,K. City shall perform final inspection of said facilities,. and shall accept the finished vrork of said facilities by resolution of the City Council, provided, howevor, that College District must ~Tive p-r_ior approval of the completed worl: and authorize said acceptance. 11. TERMINATION FRIOR TO ACCEF 1 ANCE. This agreement, after av~ard of contract, may be terminated prior to final a.ccepiarlce of the col:lpleteci facility- cnly by muxual consent of all parties. i2. FUTURE TOII\?T USE r"~D OPERATION OF FACILITIES It is understood by the parries hereto that all expenses relating to the future use, maintenance, and operation of said facilities sha11 be paid solely by the City, except that the District will agree to certain operational and maintenance costs related to District use, but that the t erms and conditions governing use of said facilities by students and faculty of College District as well as by the public. generally shall be mutual- ly agreed upon in the future by ti7ese parties and embodied in a written amendment to this agreement. Il'~1 WITNESS ~',rHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. TIIE CITY OF CHliLA VISTA SWEE'IVJA'I'ER COPJIML?.h?ITl' COLLEGE DISTRICT r` ~~ Mayor of e City of ChulajV~ista 4' ATTEST ~ ~,~~ ep ty City Clerk Approved as to form by A rney //? ~ Superintendent/President