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HomeMy WebLinkAboutResolution - 1639 RESOLUTION NO. 1639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING AGREEMENT FOR ACQUISITION OF IMPROVEMENTS AND AUTHORIZING ITS EXECUTION WHEREAS, the City Council of the City of San Jacinto proposes to take proceedings pursuant to the Municipal 31 Improvement Act of 1913 for the acquisition of certain public $ improvement, appurtenances and appurtenant works in that certain area described in the Agreement attached hereto as 6 Exhibit I and for the issuance of bonds under the Improvement .. I Bond Act of 1915. 8 i NOW, THEREFORE, The City Council of the City of San 7 Jacinto does hereby resolve, determine and order as follows: 10 Section 1. That the Agreement for Acquisition of 11 Improvements to be Financed by Assessment District Proceed- 12 ings in the form attached hereto as Exhibit I, is hereby - 13 approved and the Mayor is hereby authorized and directed to 14 , sign such Agreement for and on behalf of the City and the 15 City Clerk is hereby authorized and directed to attest I thereto. 17 1 MOVED, PASSED, and ADOPTED at a regular meeting of 1s the City Council of the City of San Jacinto, held the 4th 13 day of March, 1986 by the following vote: 2O AYES: Councilman Ford, Divine, Redding, Stevens, 211 and ,Stuart. 22 I NOES: None 23,` ABSENT: None 'l 1 211 ABSTAIN: None 26i ATTEST: M�avgr 271, 231I Deputy City Clerk oqI CERTIFICATION 301' I certify that the foregoing is a true copy of a resolution I of the City Council of the City of San Jacinto, California, 31', duly adopted on the 4th day of March, 1986. i 3211 ATTEST: D puty City Clerk Date I 60,035-3-3 San Jacinto AGREEMENT FOR ACQUISITION OF IMPROVEMENTS TO BE FINANCED BY ASSESSMENT DISTRICT PROCEEDINGS CITY OF SAN JACINTO T IS AGREEMENT is made and entered into this day of A , 1986, by and between SOBOBA ASSOCIATES, a California limited partnership ("Company") , and the CITY OF,;tAN JACINTO, a municipal corporation ("City") . Recitals A. The Company intends to submit a petition ("Petition") for the acquisition of public improvements and appurtenances and appurtenant work by special assessment and assessment bond proceedings which will be filed with the City Clerk, which proceedings will be under and pursuant to the Municipal Improvement Act of 1913, with bonds under the Improvement Bond Act of 1915. B. The Company has or will have the right to construct the improvements, pursuant to its subdivision agreement entered into or proposed to be entered into with the City. C. The Community Development Director will be the Engineer of Work for such proceedings. Exhibit 1 D0057:489.3 n�_�s_rx� r-wn•rr� 60,035-3-3 San Jacinto D. It is desired that the parties establish the terms, prices and conditions upon which said work will be acquired by City after it has been completed in strict accordance with the plans and specifications therefor Prepared or to be prepared by L.D. Lansing & Associates, San Bernardino, California, Design Engineer for the Company, and r approved by the Engineer of Work and on file or to be filed in the office of the City Clerk. NOW, THEREFORE, IT IS AGREED, as follows: 1. The acquisition price of the public improve- ments and appurtenances and appurtenant work, consisting generally of streets, curbs, gutters, sidewalks, sewers, water mains, storm drains, a part of the Ramona Expressway, gas, electric, telephone, cable T.V. , and security lines in and to serve the area set forth on the map attached hereto as Exhibit A (the "improvements") , all of which will be more particularly described in the Petition and shown or to be shown on said plans and specifications, to be acquired by City 'in said proceedings, shall be the total actual cost of constructing said improvements, as set forth in a cost certificate or certificates to be made and filed by the Engineer of Work in the office of the City Clerk. The Company hereby agrees to file the Petition to initiate said proceedings. -2- D0057:489.3 60,035-3 San Jacintc 2. Said certificate of the Engineer of Work shall set forth the quantity of work performed, the unit cost of performing said work, and the resulting amount due and to be paid therefor, and shall be accompanied by a reproduced copy of the executed contract for doing said work. The amount shown on said certificate as due and payable, shall be paid to the, Company, or its assigns, from the Construction Fund for said project to be created from th& proceeds of bonds to be issued upon said assessments, when said certificate has been approved by the City Engineer and the City CounciCof City and the payment can be scheduled to be compatible with the issuance of the bonds in whole or in series from time to time. 3. The Company shall provide that ten percent (10%) of the amount shown on each certificate shall be withheld. If notice of acceptance of completion of said work-is filed with the County Recorder within ten (10) days after the completion of the work, then upon acceptance by the City Council of the improvements to be owned and operated by City, said amounts shall be withheld until thirty-five (35) days after such notice is recorded. If such notice is riot filed within said ten-day period, said amounts shall be withheld until ninety-five (95) days after such recordation. The amount so withheld shall be paid to the Company, or its assigns, after the expiration of said 35-day or 95-day -3- D0057:489.3 02-25-86 (JWB:rr) 60,035 San Jacinto period, as the case may be, provided no liens or stop notices against the work have been filed, as provided by law, and such payment shall also be scheduled to be compatible with the issuance of the bonds, in whole or in series from time to time. 4. The cost of civil engineering and soils engineering in connection with the,work being acquired shall be paid for upon statements issued to the City therefor by the Company and approved by the Engineer of Work and the City Engineer. 5. Statements for City; inspection shall be paid for upon certificates or statements therefor issued by the City Engineer; ,the Treasurer's cost of printing and servic- ing the bonds shall be paid upon demands issued by the Treasurer; and statements for printing and advertising shall be paid for upon demands issued therefor by the City Clerk; and legal services shall be paid for upon statements there- for issued by bond counsel and the City attorney. 6. All of said costs and expenses, including all incidental costs not heretofore mentioned, shall be paid solely-from the ;proceeds of said assessments and sale of assessment bonds in said proceedings and not otherwise, upon approval of the City;Council. 7. Upon payment by the City of the actual cost of said improvements as above provided, the Company shall execute and deliver to the City appropriate instruments of _4- D0057:489.3 02-25-86 (JWB:rr) 60,C35-3-3 San Jacinto conveyance, and the City shall be deemed to have acquired said improvements upon their acceptance of said documents of conveyance. 8. The City and its authorized representative shall at all times have access to all parts of the work, and to .bhe shops wherein the work is in preparation for the purpose of inspection, and the Company shall at all times maintain proper facilities and provide safe access for such inspection. All work done and all materials furnished shall be subject to the inspection of the City Engineer and/or Engineer of Work. 9. The City shall have the right to reject materials and workmanship which are defective, or to require their correction. Rejected workmanship shall be satisfac- torily corrected and rejected materials shall be removed from the premises without cost to the City. 10. This Agreement does not abrogate any subdivi- sion agreement as to said subdivision entered into or proposed to be entered into between the parties, nor affect in any way the right of the parties to enter into similar agreements as to future units. 11. The right is reserved for the Company to request changes in said improvements subject to the City through its City Council approving such changes. -5- D0057a489.3 02-25-86 (JWB:rr) 60,035-3-3 San Jaci-tc 12. This Agreement (other than paragraph 8 thereof) shall not 'become effective until all of the improvements referred to have been completed in strict accordance with said plans and specifications and proceed- ings under the Municipal Improvement Act of 1913 for the levy- of assessments have been completed and bonds issued under the Improvement Bond Act of 1915, provided that Company may assign the proceeds hereof at any time prior to t4k# payment. 13. The signatures of all parties to this Agree- ment are predicated upon the consummation of special assess- ment district proceedings providing for a sufficient assess- ment to pay the money herein agreed to be paid and also to pay all costs and expenses of said proceedings. 14. The City is signing this Agreement solely as agent for the property owners within the area of the assess- ment-district and is assuming no direct liability for payment of the moneys or the expenses of the acquisition and construction of the improvements or of said incidental expenses and its only responsibility is that of conducting the special assessment proceedings referred to in this Agreement. 15. The City cannot pledge itself in advance that said special assessment proceedings will give the City jurisdiction to confirm the assessment, but the City intends, -6- D0057:489.3 02-25-86 (JWB:rr) 60,033-3-3 San Jacinto by this official action, to use its best efforts to the end that the proceedings are completed; and all terms and pro- visions of this Agreement are subject to said special assessment proceedings being consummated and other moneys deposited by the Company. 16. - City is to pay sums to be paid pursuant to this Agreement only out of moneys in said special assessment district proceedings and out of no other funds. 17. This Agreement may be amended by the respec- tive parties hereto pursuant to the authority granted by their respective governing bodies. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first set forth above. SOBOBA ASSOCIATES, a Califo is limits partners p [SEALS, By neral Partner ATTEST: CITY OF SAN JACINT40 i i Depity`City Clerk Mayo -7- D0037:4®9.3 02-25-86 (JWB:rr)