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Home My WebLink AboutResolution No. 5480RESOLUTION NO. 5480 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE LAS GALLINAS VALLEY SANITARY DISTRICT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael that that certain agreement dated December 9, 1976, between the City of San Rafael and the Las Gallinas Valley Sanitary District in connection with Smith Ranch Assessment District No. 1, City of San Rafael, Marin County, California, be, and the same is hereby approved, and the Mayor of the City of San Rafael is authorized to sign and the City Clerk is authorized to attest said agreement, which said agreement is attached hereto. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the 5th day of June, 1978, by the following vote, to wit: AYES • Councilmembers Jensen, Mi skimen, Mul ryan and Mayor Bettini NOES: Councilmembers None ABSENT: Councilmembers Nixon JEANNE M. LEONCINI, City Clerk, City of San Rafael, Marin County, California pq ni l`rF 4 Original of Aqreement filed in Smith Ranch Assessment District #1 File, 6-32 RESOLUTION NO. '? -/(a A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEYIENT LAS GALLINAS VALLEY SANITARY DISTRICT RESOLVED, by the Sanitary Board of the Las Gallinas Valley Sanitary District, County of Marin, State of California, that that certain Agreement by and between said Sanitary District and the City of San Rafael, a municipal corporation, relating to the construction of sanitary sewer facilities in the City of San Rafael's Smith Ranch Assessment District No. 1, a copy of which has heretofore been pre - sensed to this Board, be, and it is hereby, approved. BE IT FURTHER RESOLVED, that the President of said Sanitary District be, and he is hereby, authorized and directed to execute said Agreement and the Secretary of said Board be, and she is hereby, authorized and directed to countersign said Agreement and affix thereto the corporate seal of said District. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly passed and adopted by the Sanitary Board of the Las Gallinas Valley Sanitary District Marin County, California, at a meeting thereof duly held on the 2P714 day Of ce„nAd-e- , 1976 , by the following vote; AYES, and in favor thereof, Members: Oa4'1e, NOES, Members: ��i final �o%rr9arr ABSENT, Members: retary Las Gallinas Valley Sanitary District APPROVED: President ,/ (SEAL) A G R E E M E N T FOR CONSTRUCTION AND INSTALLATION OF SANITARY SEWERAGE IMPROVEMENTS SMITH RANCH ASSESSMENT DISTRICT NO. 1 THIS AGREEMENT, by and between the LAS GALLINAS VALLEY SANITARY DISTRICT, a public corporation, Marin County, California, hereinafter called "District", and the CITY OF SAN RAFAEL, a municipal corporation, Marin County, California, hereinafter called "City"; W I T N E S S E T H: 1. The public interest and convenience require the acquisition, construction and installation by City, and maintenance, operation and use by District, of sanitary sewer facilities and appurtenances neces- sary and convenient for the providing of sewer service in and for the area of the City's Smith Ranch Assessment District No. 1 Project. It is proposed that said facilities be acquired, constructed and installed - by City pursuant to special assessment district proceedings 'undertaken' by City pursuant to -the Municipal Improvement Act of 1913, and that after such acquisition, construction and installation by City, owner- ship of said facilities shall vest in District and the providing of sewer service within said territory shall be under the management and control of District. Therefore;.pursuant to the provisions of the.Municipal Improve- ment Act of 1913, and particularly Sections 10109 through 10111 thereof, the parties hereto have entered into this Agreement. The assessment district proceedings referred to are designated as the SMITH RANCH ASSESSMENT DISTRICT NO. 1. 2. Tentative improvement plans and specifications for said sanitary facilities have been prepared by the Engineer of Work, appointed by City in said proceedings. Said.plans have been submitted to and approved by the District. It is agreed that all of said work shall be 4rStall ej in accordanL:O kit li Lull X1:11 � ��n;hl�t �• !'t:::i l ment plans and specif-Lcations to be approved by the District, prior to cot=:encemert of construction, and that said tentative improvement plans and specifications are hereby approved by District. Following approval of the final plans and specifications, no changes in said final improvement plans and specifications may be made without the. prior written consent of District. 3. Said sanitary sewer facilities shall be constructed by City as herein provided at its sole cost and expense and at no cost or expense to District, and City further agrees that it will pay to District any and all costs incurred by it.in connection herewith including, but not limited to, engineering, administration, legal, supervision, and inspection. Said costs shall be*paid by City to District upon demand by District. 4. District may at al. ti�:,es maintain an inspector over the work of installation of said sanitary facilities to see that District's requirements have been met and that plans and specifications have been complied with, and the City and its engineers shall cooperate with the District's inspector, or inspectors, in the duties incident to design or construction. After complet_on and acceptance of the work, City will cooperate with District in �he enforcement of any guarantee made by the contractor in contractor's agreement to perform the work, and shall cause said contractor to name the District as additional obligee on an acceptable surety bond guaranteeing against defective materials and/or workmanship for a period of two (2) years from and after the completion and acceptance of the work. 5. Whenever mains, facilities and appurtenances to be con- veyed hereunder are not installed in dedicated streets or highways, City shall provide or cause to -be provided the necessary rights of way and other property necessary to accommodate said work and improve- ments, and where said easements or -property are required exclusively for sewer mains or facilities, or where required by District, City shall require the execution and delivery to District of appropriate -2- _- s =r•.:-ients o1 tr ansa er and such oci er documents as District msv rEq-:ire to convey to District said rights of way and other property. 6. City shall require that the contractor performing the work Of construction of said sanitary facilities name the District as addi- tional obligee on.labor and material and faithful performance bonds, the sum of the bid for such work and shall require said contractor to name the District as additional insured on certificates of insur- ance, which said insurance shall protect the District, its officers, agents and employees against any claims of any nature. 7. After the work has been completed and the facilities have been accepted by the District, all t_ie sanitary sewer facilities and appurtenances so installed shall be the property of District and part of its system and thereafter District may make extensions therefrom and install services thereto at any points thereon. They shall be operated, maintained and managed by District' as part of such system under the rules and regulations and subject to the rates and charges of District from time to time established. It is agreed that full right, title, and interest in and to said sanitary sewer facilities installed pursuant hereto is hereby granted to District, subject to the cor.dition precedent of connection of said sanitary sewer facilities wits. the sanitary sewerage system of the District, and written notice of acceptance thereof by District. There shall be no obligation upon District to pay or reimburse to City any part of the costs of said sanitary sewer facilities. City agrees. to furnish District, in duplicate, with "as -built drawings" of the completed installation of said sanitary sewer facilities before final acceptance of same by District. City further agrees that it will deliver, or cause to be delivered, Deeds of Conveyance of said facilities to District in a form satisfactory to District. 8. District shall not be obligated to extend, without charge, its mains and facilities within the boundaries of the territory of said Smith Ranch Assessment District No. 1 and any future extension 19Z of rains, facilities and appurtenances beyond those specifically set north in the -plar.L and specifications shall be under the rules regulations and subject to the rates and charges from time to tir=e established by District. 9. city ab=ees to and shall defend and hold harmless District, its officers, agents and employees from any suits or actions at law or in equity which may, for any reason, be brought against District as a result of City's special assessment district proceedings herein referred, to. This agreement shall become effective when funds are avail 10. able to carry out the terms hereof pursuant to said special assessment proceedings hereinabove referred to. Dated: �ecem,t�er- Cl, 197 �• COUNTERSIGN: y r 3 4 Se tary (SEAL) ATTEST: By /s/ Jeanne M. Leoncini City Clerk ( SEAL) LAS GALLINAS VALLEY SANITARY DISTRICT, a public corporation By Presz en CITY OF SAN RAFAEL, a municipal corporation - By /s./ C. Paul Betti-ni Mayor -4-