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HomeMy WebLinkAboutCC Resolution 2535i RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN MARIN MUNICIPAL WATER DISTRICT AND.CITY OF SAN_RAFAEL RESOLVED that the Mayor and the City Clerk of the City of San Rafael are hereby authorized to execute on behalf of the City of San Rafael that certain agreement between the Marin Municipal Water District and the City of San Rafael dated 1961, which agreement provides for the acquisition of a <!�stem of domestic water supply by special assessment proceedings in White Oaks Unit Two Assessment District, San Rafael, Marin County, California; and BE IT FURTHER RESOLVED that said agreement be executed in duplicate and that a certified copy of this resolution be affixed to each of the duplicate originals thereof. I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of San Rafael, California, at a regular meeting thereof, held on the 2nd day of October, 1961, by the following vote, to wit: AYES: Councilmen NOES: Councilmen ABSENT: Councilmen ?'i. L. Yi G N,-,Vipy Clerk City of San Raft A, Marin County, California. (SEAL) C', C7�"elm File 411.1 PIPELINE EXTENSION A GRE E M E N T MARIN MUNICIPAL WATER DISTRICT and CITY OF SAN RAFAEL WHITE OAKS UNIT TWO ASSESSMENT DISTRICT SAN RAFAEL MARIN COUNTY, CALIFORNIA THIS AGREEMENT, made and entered into this 23rd day of August, 1961, by and between MARIN MUNICIPAL WATER DISTRICT, herein- after called "District", and CITY OF SAN RAFAEL, hereinafter called "City". W I T N E S S E T H . WHEREAS, City has instituted proceedings pursuant to the provisions of the Municipal Improvement Act of 1913 for the construction of improvements in White Oaks Unit Two Assessment District, Marin County, California, which said assessment district is co -terminous with the boundaries of a subdivision known as White Oaks Unit Two, as said subdivision is shown on a map furnished to the District entitled, "Tentative Map of White Oaks Unit Two in the City of San Rafael, California, George S. Nolte, Civil Engineer - Land Surveyor - Scale 1"=1001, May, 1961"; and WHEREAS, the said Municipal Improvement Act of 1913 provides that prior to the passage of any resolution of intention in said special assessment district proceedings there shall be entered into a contract between City and District with relation to the plans and specifications for the system of domestic water supply and the instal- lation thereof; and WHEREAS, District has determined that service of Unit Two of said tract will require the installation of 3790 feet of 6" C.I. pipe, 220 feet of 6" Standard Steel pipe, 8 - 6" fire hydrants, 16 - 1" and 38 - 3/4" service connections, and other facilities as set forth in plans prepared therefor; NOW, THEREFORE, THE PARTIES HERETO DO AGREE A5 FOLLOWS: 1. Service will be granted. to Lots 12, 18 and 21 of Unit Two of said subdivision under District's "Low Pressure Application" and applicant for water service will be given the option of installing an individual pumping plant depending upon his pressure requirements. 2. The estimated cost of this work is: a. Pipeline Installation -------------------$22,720.00 b. Hydrant Installation -------------------- 4,000.00 C. Service Connection (excluding Meter Boxes) 3,036.00 d. Meter Box Installation Charge ----------- 355.00 e- Storage Charge -------------------------- 2,760.00 f. Addition to Pumping Plant --------------- 2,060.00 TOTAL --------------$34,932.00 3. 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 $34,932.00. City further agrees that, prior to the commencement of any work under any contract for items set forth in Paragraph 2-a, 2-b and 2-c above, let for the work and improvements in said assessment district, City will pay to District out of the proceeds of assessments levied and bonds issued the following sums of money: Pipeline Materials ----------------------$12,062.00 Hydrant Materials ----------------------- 2,800.00 Service Connection Materials (excluding meter, meter couplings, and meter boxes) -------------- ----- 1,066.00 Meter Box Installation Charge ----------- 356.00 Storage Charge ---------------- --------- 2,760.00 Pumping Charge -------------------------- 2,060.00 TOTAL --------------$21,104.00 City further agrees that said sum of $21,104.00 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 City shall commence. 4. Upon completion of work and acceptance by District, any excess monies being held by District for materials will be refunded without interest to City for credit of assessment district. 5. Meter boxes will be installed by District forces at such time as the sidewalk areas are graded or at such time as meters are to be installed. The charge for meter box installation is a fixed sum and not an estimate. Money received therefor will not be refunded nor will additional charge; therefore be made except for broken or otherwise damaged boxes. 2- 6. All material will be supplied by District at District's Yard at Greenbrae or San Rafael and at replacement cost with allowance for overhead. District estimates of materials and other costs will be final and binding for the purpose of fixing the amount of advances. if the actual costs are lower than the estimated costs, City will be given the benefit of the lower costs, and if the actual costs are higher than the estimated costs, City will pay the deficit to the District when final costs are determined. 7. No pipelines or other facilities shall be installed until and at sucil time as 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 determination of District as to requirements in each of these matters shall be final. g. District shall provide an inspector to supervise the instal- lation of facilities. The cost of inspection shall be charged against the job, and unless otherwise itemized; will be i.lcluded in the cost of engineering and will be payable by city as a cost item. g. No refunds will be made from the sale of water from this extension. 10. All fire hydrants will be turned over to the City of San Rafael, to be operated and maintained by them the same as other hydrants in the area. 11. District assumes no obligation as to maintenance of the facilities included in this agreement until such time as they are formally accepted. Acceptance will be made at such time as all facilities are satisfactorily installed in accordance with the plans and specifications and all paving work is completed. 12. This agreement shall become effective after proceedings have been taken pursuant to the provisions of the Municipal Improve- ment Act of 1913 and funds are available to carry out the terms thereof. After the work is completed and accepted, title to the works or appliances so installed shall vest in District and constitute a part of its water supplying system, and shall at all times thereafter b' used, operated, maintained by it as a part of such system. 3. 13. Nothing herein contained and no temporary service from -my facility herein provided for and no installation provided for herein shall be construed as an agreement or undertaking on the part of District to serve any area or person unless and until this contract sha12 have been performed.in its entirety by City and the facilities shall have been accepted by District. 14. This agreement will be void if not accepted and executed within ninety (90) mays of the date of this agreement. This agreement is based upon current prices. If costs should increase before work is commenced, District shall require such additional deposit as may be neavesary. GIVEN under our hands and respective seals the day and year first above written. ATTEST: City Clerk of the city of san Rafael (SEAL) ON: nb MARKT MUNIC,14�AL WATER DISTRICT (c! Bb17, Y es�Ldent of the Board of Directors sec etary of the Board of Directors °`District" CITY of SAN RAPAEL BN47 "city"