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HomeMy WebLinkAboutResolution No. 5481RESOLUTION NO. 5481 RESOLUTION AUTHORIZING EXECUTIOR OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE MARIN MUNICIPAL WATER 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 February 8, 1978, between the City of San Rafael and the Marin Municipal Water 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, Miskimen, Mulryan and Mayor Bettini NOES: Councilmembers None ABSENT: Councilmembers Nixon JEANNE M. LEONCINI, City Clerk, City of San Rafael, Marin County, California ..ssess-�_at District I- 1, S I ri G -- (: C _`1.D - CIT OF St-; KkFAEL) S"17H 2'_%'C! :_SSESS:_7.;i DIST IC: P:1;tSE O:;T_' SA:; R FAEL, CA MIS A3RZE:=l, made and entered into this 8th day of Febxuaxy, 1978, by and between ?:A.RI'.v 'U.,ICIPPL 1-1.=-' DISTRICT, hereinafter called 1Distr:ct", an:: Clil Cif Syl'. t ri�., hereinafter called "City". WI T:; E S S E T i i 1HI.EAS, City has instituted proceedings pursuant to the pro- visions of the Municipal Improvement Act of 1913 for the construction of i-iprovements in Smith Ranch Assessment District, Phase One, Marin County, California, which said assessment district boundaries are shown on a rip furnished to District entitled, "Improve-ment Plan, Smith P.anch Phase One, Scale 1" = 20', by Gonzalez and 0berkamper, Civil Engineers, Inc.", and 1;.H'REAS, the said :Municipal Improvement Act of 1913 provides that prior to the ordering of the work in said special assessment district proceedings there shall be entered into a contract between Citv and District vrith relation to the plans and specifications for the system of domestic water supply and the installation thereof: and l,M=.EAS, District has determined that service of said tract will require the installation of 800 feet of 8" pipe, 650 feet of 12" pipe, 9- 6" fire hydrants, 1- 2", 4- 1-1/2", 3" 1" service connections, and other facilities as set forth in plans prepared therefore. 1OW, THEREFORE, the parties hereto do agree as follows: 1. Installation According To District Plans: The work and im- provements herein involved shall be installed in accordance with detailed plans and specifications or supplemental plans as they may be prepared from time to time therefor by District, and District shall have absolute discretion in determining the kind and quality of the work and materials. As the work progresses, the District reserves and shall have the right to amend and adapt plans and specifications to meet conditions as they develop. Any extra costs arising from any such revision of plans will be charged against the job. ATTE;TION IS Cn.LLM TO THE STA-MARD SPECIFICAI'IO_;S OF THE DISTRICT, I,rEICH ARE PREFER= TO AND APE I1;COP?Op.ATED HEREIN BY REFERENCE, AS THOUGH SET FORTH AT LEEG! t?. THE APPLICANT A:D HIS COi;TRACTOR AGPLEE THAT ALL WORK{ SHALL BE DONE ACCO-DI17G TO THE PROVISIONS OF THE STAN -D=, SPECIFICATIO::S A:;D THAT THE CITY AND ITS COi-MACTOR OR SUBCO:,T?'.ACTORS, r2LE FULLY a0u_,'D TO ALL PROVI- SIO:;S OF T: -M STA?eD.krD SPyCIrICATIO1 S. 2. It is agreed and understood that service to structures 1 through S within this assessment district will be granted only under District's "high pressure application", and it will be required that the ap-)licar.t for i:-ater service to each of these lots install a pressure reducing valve. 3. It is also a,reed and uncerstood that :.atEr saw, devices, i.e. ::iter savin_- toilets, log' flow showa-r haaCs, aa-rators on all inside faucets, self closing -lavatory faucets and pressure reducin- valves to "De set to maintain a ma::im-Lm pressure of 50 p.s.i. at the hi;hest water usir.; fi::ture will be used in each structure for �Kaich service is intended. - 4. The estimated cost of this work is: a. Pipeline Installation --- b. Hydrant Installation ---- c.. Service Installation ---- d. Connection Fee---------- --------------------- $ 579906 --------------------- 15,192 --------------------- 4,825 --------------------- 34,320 TOTAL----------- $112,243 5. City agrees on behalf of said assessment district that there will be provided in the plans and specifications and the estimate of cost of said work, and in the amount of assessments to be levied and bonds to be sold in said proceedings, sufficient money to pay the above amount of money, to wit, $112,243. City further agrees that said sum of $112,243 will be paid to District before any materials shall be supplied hereunder by District and before work of installation of any system of water supply under any contract let by District shall commence. 6. District estimates of materials and other costs will be final and binding, and will constitute the total cost to the assessment district for the facilities covered under this agreement. District reserves. the right to increase the size of the 8" piping to a larger size. The cost of any such increase will be borne by the District. 7. No pipelines or other facilities shall be installed until roadways are completed to subgrade, curbs and gutters are installed, and until all necessary and suitable rights-of-way required for the installation, operation and maintenance of the facilities, are furnished. The deter- mination of District as to requirements in each of these matters shall be final. 8. District shall provide an inspector to supervise the installation of facilities. The cost of inspection shall be charged against the job, and unless otherwise itemized, will be included in the cost of engineer- ing and will be payable by City out of the proceeds of assessments levied and bonds issued as a cost item. 9. No refunds will be made from the sale of water from this extension. 10. All fire hydrants will be turned over to the San Rafael Fire Depart- ment, to be operated and maintained by it the same as other hydrants in the area. 11. This agreement shall become effective after proceedings have been taken pursuant to the provisions of the Municipal Improvement Act of 1913 and funds are available to carry out the terns thereof. After the work is completed -and accepted, title to the works or appliances so in- stalled shall vest in District and constitute a part of its water supplying system, and shall at all :times thereafter be used, operated, maintained.,by it as a part of such system. 12. It is agreed that the signature of all parties to this agreement is based upon and predicated upon consummation of special assessment district proceedings providing for a sufficient assessment to pay the coney herein agreed to be paid District and also to pay all costs and expenses of said proceedings and any rights-of-way or other property referred to in paragraph 6 of this agreement. It is agreed that the City is signing this agreement solely as agent and trustee for the ATTEST: . u.:r ._ S�.�� _._ L.L ..-SC:i?..L. a0 L -IL a I-uL�.it-:IL. _s cssLz..i _�a _.t _i=bilit� *ar ��}-.cnt of sai.. -:ons_ or t::e :�ciiSes 0= t.nE cuisition an. construction of J.6 S\'stE-n an its onl%- liability ani responsibility is t; -,at of concAuctin^ the scEcial assess: -e nt proceecin1*s referrEd to in t1le forms ?rOVidEd by law. It is also ;.m derstood by all parties that the City cannot pledge itself in advance that said special assessment proceedin;s will give t e Cit} jurisc ction to confirm the assess=ent and that all terns and provisions z` this agreement are subject to said special assess- -Ent procee3ines being consurmated. City is to nay sums to be paid pursuant to this agreEment only out of rcnies in said saecial assess- ment district .procee3inos and out of no other funds. 13). "c?othin^ herein contained and no tennorary service from any fa- cility *-Erein arcvidad for an no installation prcvided for herein s a U be construed as an agreement or un'ertahin- on the part of District to serve any area or person unless and until: a. T-nis contract shall have been performed in its entirety by District. 14. The agreement will be void if not signed by and delivered to both parties within ninety days of this date. Estimates are based on current prices. If the requirements referred to in paragraph 6 are not completed within one hundred eighty days of this date District reserves the right to re -estimate the facilities covered under this agreement and City will be assessed prices applicable at that tine. 15. It is also -agreed and understood that the service connections covered under this agreement are "moratorium connections" whereby as occupancy Permit for each of the eight structures must be furnished to the District prior to :•:ovember 5, 1478, or a variance from Section 13.01.110 for an extension of time Lust be approved. , 16. Applicant hereby agrees that reclaimed water will be used when avail- able for landscape irrigation. GIVEN under our respective hands and seals the day and year herein- above first written. Io /s/ Jeanne M. Leoncini JEANNE M. LEONCINI City Clerk PIARIN MIAICIPAL WATER DISTRICT Ey Presiden of the Board of Directors By Secretar of the Board of Directors "DISTRICT" COMM, CITY OF SAN RRAFAEL BY /s/ C. Paul Bettini ::ayor "CITY"