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HomeMy WebLinkAboutResolution No. 5781 (Apportionment of Costs Andersen Drive Extension)RESOLUTION NO. 5781 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AGREEMENT REGARDING APPORTIONMENT OF COSTS FOR ANDERSEN DRIVE EXTENSION AND AUTHORIZING EXECUTION OF SAME WHEREAS, San Rafael Redevelopment Agency counsel has, by prior opinion, determined that a regional sewer treatment plartsponsored by several sewering agencies contiguous to, and including San Rafael Sanitation District, must comply with provisions of the San Rafael Redevelopment Plan, specifically that area pertaining to the Central San Rafael Master Plan (as amended); and WHEREAS, the Redevelopment Agency has determined that as a condition to granting a variance and other permits granted by the Agency or the San Rafael Council for the completion of a Central Marin sewer treatment plant on property located at the end of Andersen Drive within the Central San Rafael Master Plan (as amended) that the parti- cipating sewering agencies must contribute a pro rata share for the completion of Andersen Drive; and WHEREAS, to effect the completion of and contribution towards said roadway it is necessary for all agencies involved to execute an Agreement setting forth the terms and provisions for the extension and payment of said roadway; and WHEREAS, after discussions held during a Special San Rafael Redevelopment Agency meeting on October 8, 1979 certain amendments were agreed upon by the Agency to a proposed Agreement; and WHEREAS, the San Rafael City Council has reviewed the Agreement as amended and agrees to its provisions: NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute the document marked as Exhibit "A" and attached hereto and in- corporated by reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15th day of October, 1979, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Nixon and Mayor Mulryan NOES: COUNCILMEMBERS:Jensen ABSENT:COUNCILMEMBERS:Miskimen WDME M. LEONCIN , City Clerk J AC RRRMRMT This Agreement entered into this day of 1979, by and between SANITARY DISTRICT NO. 1 OF MARIN COUNTY, herein- after referred to as "S.D. #111; CITY OF SAN RAFAEL, hereinafter refer- red to as "City"; SAN RAFAEL REDEVELOPMENT AGENCY, hereinafter refer- red to as "Redevelopment Agency"; and SAN RAFAEL SANITATION DISTRICT, hereinafter referred to as "Sanitation District". Whereas, pursuant to long study, it has been determined and agreed that the residents of Central Marin would be best served by a single sewer treatment plant located at a site known as CM5; and Whereas, the City of Larkspur, S.D. #1, Sanitary District No. 2, and Sanitation District have prepared a Joint Powers Agreement to accomplish the consolidation of sewer treatment at said plant; and the Joint Powers Agreement is ready for signature by the parties; and Whereas, said site is within the territorial limits of Redevel- opment Agency and City; both agencies are desirous that the road known as Andersen Drive be extended through the plant site. NOW, THEREFORE, BE IT HEREBY AGREED by and between the parties hereto as follows: 1. Redevelopment Agency agrees that the location qnd plot plan for the treatment plant at CM5 conforms to the provisions of the Central San Rafael Redevelopment Plan. If it does not, Redevelop- ment Agency shall either amend the Plan so that the plant does con- form or grant a variance without further conditions being attached, upon application by S.D. #1. However, it is agreed that the design and architectural review and requirements of the City and Redevelop- ment Agency shall be complied with, it being understood that approval shall not be unreasonably withheld. 2. Redevelopment Agency agrees that the location of the treatment plant at CM5 is at an area designated as compatible with the Urban Design and Development Policy Statement adopted; and, if not, the Policy Statement will be appropriately modified. 3. City agrees that the treatment plant at CM5 is in con- formance with the City Master Plan and with the City zoning for the area. If not, the Master Plan and/or zoning will be revised by City without further conditions being attached. 4. City agrees that the Plot Plan prepared by engineers for S.D. #1 for the treatment plant on the site at CM5 is compatible with the plans of the City for the use of said site and that City will issue any necessary use permits, building permits, architectural approval, except as covered in paragraph 1 above, or any other ap- proval, license or permit required by City rules or regulations with- out the imposition of further conditions. -1- 5. The City of Larkspur, S.D. #1, Sanitary District No. 2 and San Quentin Prison shall contribute $259,734.00 to City for the cost of construction of the extension of Andersen Drive across the plant site. Said amount shall constitute said agencies' full and final payment to City or Redevelopment Agency for the cost of said road extension. This cost figure is based on the current estimate of $450,000.00 in accord with the present plans developed by the City Engineers, City of San Rafael. In the event there is a cost escalation for the construction of these same plans, the City of Larkspur, S.D. #1, Sanitary District No. 2 and San Quentin Prison shall share on a pro rata basis such increase. 6. S.D. #1 shall grant the City an easement or fee simple without cost for roadway purposes for the Andersen Drive extension. Precise location and specifications of said road are to be mutually agreed upon between S.D. #1 and City prior to construction. It is recognized by City that the road must be located, designed and con- structed in a manner compatible with the use of the site as a sewer treatment plant. 7. Sanitation District agrees to execute the Joint Powers Agreement in its present form no later than October 16, 1979. Time is of the essence. 8. In the event that, for any reason, the treatment plant is not constructed at CM5, this Agreement shall be null and void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year hereinabove written. SANITARY DISTRICT NO. 1 OF MARIN COUNTY Attest: Approved as to Form: /r SAN RAFAEL/REDEVELOPMENT AGENCY Executive Director Attest: gency Secretary Approved as to Form: CITY OF SAN RAFAEL • C� U a . - jOAA� k2f�WWAV- Assistant Agency Attor y -2- Mayor ' Attest: ty Clerk Approved as to Form: Assistant City Attr ey SAN RAFAEL SANITATION ISTRICT Attest: Approved as to Form: