HomeMy WebLinkAboutR-5035 Agreement with Craig Vetter - waterline in Parker Streetlam;
RESOLUTION NO. 5035 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
CRAIG VETTER FOR CONSTRUCTION OF A WATERLINE IN
PARKER STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San.Luis Obispo and
Craig Vetter for construction of a waterline in Parker Street, required as
a condition of a new building at 2074 Parker Street,under the Quarterly
Program is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: the property owner,
the City Engineer, the Director of Public Works and the Director of Finance.
On motion of Councilman Settle , seconded by Councilman Griffin
and on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Dunin
the foregoing Resolution was passed and adopted this 18th day of January ,
1983.
R. 5035
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Resolution No. 5035 (1983 Series)
ea4A-t • t
City Administrative 0 ficer
City A rn
Finance Director
1,
City En4gineer
.D
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AGREEMENT-AFFECTING REAL PROPERTY •^ -- `"
THIS AGREEMENT, dated January 18 1983, . for the convenience of
the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and Craig Vetter, the fee owner and
developer of the real property described in Exhibit "A ", attached hereto,
hereinafter called "Developer ".
WITNESSETH:
In consideration of the mutual benefits, promises and agreements set forth
herein, the parties agree as follows:
1. The City agrees to design and contract for the installation of, and
assist in funding the following described water system improvements in
accordance with Municipal Code Section 7410.9 subsection (1), relating to chain
extensions to new customers other than subdivisions, and City Council
Resolution No. 4293, adopted on October 28, 1980, which resolution is made a
part of this agreement as though specifically set forth herein:
a. Construction of approximately 430 feet of 8 inch diameter water
line in Parker Street Southerly from High Street.
b. Installation of one fire hydrant with connecting lateral and
related facilities.
C. This project including inspection, engineering, and administration
thereof is to be partially financed by the City under provisions of Resolution
No. 4293, otherwise known as the "$25,000 Quarterly Funding Program ", to the
extent that said funds are available from the second Quarter of the 1982 -83
program.
Page Two
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d. The total estimated cost of this project including
engineering, inspection and administration is $17,000 of which the City's
agreed contribution is to be $12,500. The Developer agrees to pay the balance.
($4,500.00 estimated)
2. Said water system improvements have been determined necessary to
provide adequate dependable fire protection for the developer's proposed new
structure at 2074 Parker Street.
3. City agrees to prepare plans and specifications providing for the
above- described installation to City standards and to call for bids, award a
contract and administer the same in accordance with the provisions of Section
724 of the City Charter.
4. Developer agrees to pay the following amounts as his share of the
costs for said improvements:
a. At the time of signing this agreement, a deposit in the sum
of $1700.00 which represents 10% of the estimated total cost for the project.
b. Prior to the commencement of the work and immediately
following the opening of bids, such additional amount as is necessary to pay for
the balance of his share of the actual engineering, administration and contract
cost of the project as described in Section 1, paragraph "d" above and as
adjusted to conform with the unit prices of the lowest acceptable bid. It is
understood that if said balance is not paid to the City within twenty (20)
calendar days after notification of the determination of the cost of said work,
no improvements will be made and the deposit will be forfeited and retained by
the City.
Page Three C -'
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c. Any increased costs due to change orders or other
unanticipatd expenses occurring during the course of the project shall be paid
by the developer within 15 days after notification thereof by the City; changes
resulting in cost decreases shall be credited to the developer.
5. For planning purposes, the City estimates that the water system
improvement will be completed within six (6) weeks after the contract is
awarded, and City agrees to use due diligence in seeking timely contract
performance. However, the parties recognize that City cannot guarantee timely
performance, and developer agrees that City shall not be responsible for any
loss incurred by him as a result of delays in contract completion. Developer
also agrees to hold City harmless from all claims by third persons, purchasers
or tenants which are based upon delays in performance of the water main
construction contract.
6. Developer agrees that he will not. seek a certificate of
occupancy and he will not permit others to occupy the project to be constructed
by him upon the real property referred to herein prior to the completion of the
water system improvements construction contract unless written permission to do
so is obtained from the Fire Chief.
7. This agreement, shall be binding upon, and shall inure to the
benefit of, the heirs, assigns, and all other successors in interest of the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed.
CITY OF SAN LUIS OBISPO:
tl llG 1:
CHV CLERK PAMELA OGES
DEVELOPER:
CRAI VETTER
Page Four
APPROVED:
City Administrative Off ice
City Attorney
l
Finance Director
1City Ell Iineer
EXHIBIT "A"
Legal Description for
2074 Parker St.
Portion of Block 152 of theHarford Addition, City of San Luis Obispo as
conveyed by Deed recorded as Doc. 12922 on March 25, 1981 in Volume 2314 of
Official Records Page 53.
A.P. No. 03- 721 -000
77,
Fill!
A v 1