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,-
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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
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personally appeared ,. ❑ GENERAL
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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
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#%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.
EXCEPTING the southwesterly 25 ft. of said Lot 8 and the
southwesterly 10 ft. of said Lot 12 .
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