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)