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HomeMy WebLinkAbout11/10/1992, C-12 - AGREEMENT WITH COPELAND INVESTMENTS PARTNERSHIP FOR PARTICIPATION IN THE CONSTRUCTION OF THE HIGUERA STREET WATERLINE - BROAD TO OSOS STREETS. I r MEETING GATE: I'�ull C� o son .�S �B�SpO November 10, 1992 COUNCIL AGENDA REPORT ITEM NUMBER:�/� FROM: Wayne A. Peterson, Interim Public Works Dire Prepared by: Gerald W. Kenny, Supervising C ' i Engineer SUBJECT: Agreement with Copeland Investments Partnership for participation in the construction of the Higuera Street Waterline - Broad to Osos Streets. CAO RECOMMENDATION: By motion, approve agreement with Copeland Investments Partnership for a $ 40, 000 contribution toward the Higuera Street Waterline ($ 37, 000) and fire hydrant upgrades ($ 31000) . DISCUSSION: The construction of the "Downtown Centre" project at 879 Higuera Street requires that the watermains in the downtown area be replaced in order to provide adequate fireflow for the development, based upon current Fire Code regulations. This was also a requirement of the previous project on this site, "The French Pavilion" . The Higuera Street waterline project recently authorized for bidding (CP# S-05P) provides for the "minimum" requirement of this development, in addition to those improvements to upgrade the mains in the adjacent downtown area. The $ 40, 000 contribution provides for the Developer's pro rata share of the cost of the expanded project. It also includes funding of a portion ($ 3 , 000 +/-) for materials to upgrade existing and new fire hydrants outside of the watermain project required by the Fire Department, in accordance with adopted City policy. The Developer has deposited $ 10, 000 with the agreement. The balance of $ 30, 000 will be paid after bids are received, and prior to award of a City contract. ALTERNATIVES: Option 1: By motion, approve agreement. STAFF RECOMMENDED ACTION. Option 2 : Deny approval of the agreement. This is not a prudent option, since the Council has already authorized the advertisement for bids in order to accommodate the Developer's construction schedule. FISCAL IMPACT: This agreement provides for payment of the Developer's share of a City project (CP# S-05P) . The estimated total project cost (including overhead and contingencies) is $ 150, 000. The net. cost to the City will be $ 113 , 000 (+/-) , based upon the Developer's contribution. (Approx. $ 3000 of the $ 40, 000 is for fire hydrant upgrades, not included in the City project, as noted above. ) Copeland Waterline Agreement Meeting of November 10, 1992 Page Two CONCURRENCES: All affected departments concur with the recommended action. RECOMMENDATION: By motion, approve agreement with Copeland Investments Partnership regarding participation in construction of the Higuera Street waterline project. (CP# S-05P) Attachments: 1 - Agreement 2 - Vicinity Map G: \WP51\DReview\CopeAgre.wp AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated 1992 for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a California Municipal Corporation, hereinafter called "City", and CopelandsInvestments Partnership, A California General Partnership, 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 herein, the parties agree as follows: 1. The City agrees to contract for the installation of the following water system improvements in Higuera Street, between Broad and Osos Streets, in order to provide required fire protection for Developer's proposed construction of "The Downtown . Centre" project at 879 Higuera Street, in addition to a general upgrading of the City's water system in the downtown area: a. Construction of approximately 1445 lineal feet of ten (10) inch diameter water main in Higuera Street, between Broad and Osos Streets, including necessary connections to existing mains and services. b. Installation of a new fire hydrant and upgrading of 3 existing fire hydrants, required as conditions of the Developer's project, in addition to those to be replaced or installed at City's expense per the approved plans. Higuera Street Watermain Agreement (Copeland) Page Two c. This project, including engineering, inspection and administration thereof will be partially financed by the City under its Capital Improvement Program. d. The total estimated cost of this project, including engineering, inspection and administration, is $ 150, 000, of which the City's agreed upon share is the total contract cost minus the Developer's contribution. The Developer's share is established at forty thousand ($ 40, 000. ) dollars. 2 . The water system improvements have been determined to be necessary to provide adequate dependable fire protection for the Developer's proposed new development at 879 Higuera Street. 3. City agrees to provide plans and specifications that provide for the above-described work and to call for bids, award a contract and administer the same in accordance with provisions of Section 724 of the City Charter. 4. Developer agrees to pay the following amounts as his share of the cost for said improvements: a. At the time of signing this agreement, a deposit in the amount of $ 10, 000. b. After receiving bids and prior to the award of a contract, Developer shall deposit the balance of $ 30, 000 to City. 5. For planning purposes, the City estimates that the water system improvements will be completed within four (4) months after the contract is awarded and the City agrees to use due diligence in seeking timely contract performance. However, the parties Higuera Street Watermain Agreement (Copeland) Page Three recognize that the City cannot guarantee timely performance and the Developer agrees that the City shall not be responsible for any loss incurred by it as a result of delays in contract completion. Developer also agrees to hold the City harmless from all claims by third parties, purchasers, tenants or anyone else which are based upon delays in performance of the watermain contract. 6. Developer agrees that it will not seek a certificate of occupancy and will not permit others to occupy the project to be constructed by it upon the real property referred to herein prior to the completion of the water system improvements unless written permission to do so has been 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 DEVELOPER: Mayor Thomas M. Copeland Attest: Cooelands' Investments Partnership Date: October 16, 1992 City Clerk /a-S Higuera Street Watermain Agreement (Copeland) Page Four APPROVED: Ijinistrative Officer t t r e � Fixfanbe Dirirctor �e Acting Public Works Director 4 ///a' ?SE ties Director ALL-PURPCKNOWLEDGMENT No.51,- OX Y1i0` State of CAPACITY CLAIMED BY SIGNER County of O�� y1� E] INDIVIDUAL I0-1(0 All MairUQl�Pin /"�QI CLL/7", N� � [_-] CORPORATE On b@fOr@ m@, OFFICER(S)DATE E.TM.E OF OFFICER-E.O.'JANE OE.NOTARY PU IC TITLE(S) h h�us M NAME(S) Pg qe`�� ❑ PARTNER(S) ❑ LIMITED / ` V I V l personally appeared ,. ❑ GENERAL F SW&K(31 ❑ATTORNEY-IN-FACT personally known to me-OR-❑proved to me on the basis of satisfactory evidence TRUSTEE(s) to be the person(s) whose name(s) istare subscribed to the within instrument and ❑ GUARDIAN/CONSERVATOR acknowledged to me that he/she/they ❑ OTHER: executed the same in his/her/their authorized capacity(ies), and that by MARYEUBSIVIETCALF his/her/their signature(s) on the instrument COLo #%9072 z the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: i •'e M1 Notary > which the person(s) acted, executed theNaYE PERSON(S)OR ENTRY(IES) SAN LUIISPO COUNTY My comm.e>q�'ues JUL 05,1996 instrument. ess my h a offi seal. TURE OF NOTARf _ ATTENTION NOTARY:Although the informatlon requested below is Ofrn NAL,it could prevent fraudulent at�hmen of rtificate to an UM thoriz mens THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Docum 0 — 'rl TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other than Named Above • EXHIBIT "A" Legal Description for 879 Higuera Street Lots 1 through 8 and Lots 10 through 12 of Block 99 per the map of the Mission Vineyard Tract, as recorded in Book A of Maps, at Page 143 , in the Office of the San Luis Obispo County Recorder. 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