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Home My WebLink AboutCC Resolution 3220RESOLUTION NO. 5') YO RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SAN RAFAEL SANITATION DISTRICT OF MARIN COUNTY FRANCISCO BOULEVARD ASSESSMENT DISTRICT CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that the Mayor of the City of San Rafael be authorized to sign, and the City'Clerk be authorized to attest, that certain agreement between the City of San Rafael and SAN RAFAEL SANITATION DISTRICT OF MARIN COUNTY, which said agreement is attached hereto. I HEREBY CERTIFY that the foregoing -resolution was duly and regularly introduced and adopted at an -adjourned regular meeting of the City Council of the City of San Rafael held on the -22nd day of March, 1965, by the following te, to wit: -1 J ' tJ AYES: Councilmen ov NOES: Councilmen ABSENT: Counci I -J . CLIFFORD City of San Marin Count 1-7 AOR: LL, City Clerk,N ael, California (SEAL) A G R E E M E N T THIS AGREEMENT, by and between the SAN RAFAEL SANITATION DISTRICT OF MARIN COUNTY, hereinafter called 11DISTRICT1. and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter called 1°CITY` . WITNESSETH: 1. The public interest and convenience require the acqui- sition, construction and installation by CITY, and maintenance, oper- ation and use by DISTRICT, of certain sanitary sewerage facilities necessary and convenient for the providing of sewer service in and for property fronting on a portion of Francisco Boulevard in the City of San Rafael. It is proposed that said facilities be acquired, con- structed and installed by CITY pursuant to special assessment proceed- ings under appropriate special assessment and assessment bond acts, and that after such acquisition, construction and installation, the providing of sanitary sewerage and sewage disposal service within said territory shall be under the management and control of DISTRICT. The assessment district proceedings referred to are designated as Francisco Boulevard Assessment District, City of San Rafael, Marin County, California. 2. `Improvement plans and specifications for said sanitary sewerage facilities have been prepared by George S. Nolte Consulting Civil Engineers, Inc., appointed Engineer of Work for CITY in said proceedings. Said plans have been submitted to and approved by DIS- TRICT. It is agreed that all of said work shall be installed in accord- ance with said improvement plans and specifications and that said improvement plans and specifications are hereby approved by DISTRICT. No changes in said final improvement plans and specifications may be made without the prior written consent of DISTRICT. 3. It is agreed that the acquisition, construction and instal- lation of the lands, works and improvements herein provided shall be accomplished through an assessment district pursuant to appropriate special assessment and assessment bond acts, and that CITY shall pay to DISTRICT, from funds raised in the assessment district, all fees and charges to be paid pursuant to this agreement. The estimated ;" F R w acquisition and construction cost of said sanitary sewerage facilities is One Hundred Forty-six Thousand Four Hundred Forty-four Dollars ($146,444.00). The estimated amount of the fees and charges payable directly to DISTRICT to be raised in the assessment is Two Thousand Three Hundred Ninety Dollars ($2,390.00). Said fees and charges shall be sufficient to pay all of DISTRICT'S costs of engineering, adminis- tration, inspection, legal and other expenses incidental to the approval of the plans for the sanitary sewerage facilities, the instal - 4. DISTRICT may at all times maintain an inspector over the work of installation of the sanitary sewerage facilities and all appurtenances to any of said facilities, to see that plans and speci- fications have been complied with, and CITY and its engineers shall cooperate with DISTRICT'S inspector, or inspectors, in the duties incident to design or construction. 5. Whenever any sewage facilities, utility easements or sanitary sewerage collection mains, or any mains, laterals, facili- ties and appurtenances to be conveyed 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 improvements, and where said easements or property are required exclusively for sanitary sewer mains or facili- ties, or where required by DISTRICT, CITY shall require the execution and delivery to DISTRICT of appropriate instruments of transfer and such other documents as DISTRICT may require to convey to DISTRICT said rights of way and other property. 6. Following the confirmation of the assessment and prior to acceptance of any of the work or improvements to be installed, con- structed or acquired, CITY shall pay DISTRICT all engineering, inspec- tion, legal, administrative and other fees and all expenses of DISTRICT incidental to the installation of sanitary sewerage facilities, together with all other charges of DISTRICT attributable to or occasioned by 'the installation of the sewerage mains, or other public facilities. 7. CITY shall require that the contractor performing the work of construction of sanitary sewerage facilities provide DISTRICT -2- with labor and material and faithful performance bonds, in the name of DISTRICT, in the sum of the bid for such work, and shall require said contractor to provide DISTRICT with certificates of insurance protecting DISTRICT, its officers, agents and employees against any claims of any nature. 8. Upon final completion and installation of the facilities in accordance with the aforementioned plans and specifications, DIS- TRICT agrees to accept said facilities, and thereafter the same shall become and be the property of DISTRICT and part of its system. Said facilities shall thereupon be subject to the complete control, main- tenance and management of DISTRICT under the rules and regulations of DISTRICT and subject to the rates and charges of DISTRICT from time to time to be established. DISTRICT may make extensions from said facilities and install laterals thereto or perform any other nature of work thereon at any point or points whatsoever. 9. It is agreed that the signature of the duly authorized officers of each of the parties to this agreement is based and predi- cated upon consummation of special assessment district proceedings providing for a sufficient assessment to pay the money herein agreed to be paid DISTRIC'Z and also to pay all costs and expenses of said proceedings and any rights of way or other property referred to in Paragraph 5 of this agreement. It is agreed that CITY is signing this agreement solely as agent and trustee for the property owners within the area described in the agreement; that it is assuming no direct liability for payment of said money or the expenses of the acquisition, construction and installation of said system and that its only liability and responsibility is that of conducting the special assessment proceedings referred to in the form provided by law. It is also understood by all parties that CITY cannot pledge itself in advance that said special assessment proceedings will give CITY jurisdiction to confirm the assessment and that all terms and pro- visions of this agreement are subject to said special assessment proceedings being consummated. -3- CITY is to pay sums to be paid pursuant to this agreement only out of moneys in said special assessment district proceedings and out of no other funds. Dated:1965. v � CITY OF SAN RAFAEL, a municipal corporation Mayor Attest: _ ity Clerk "CITY" SAN RAFAEL SANITATION DISTRICT $ , aaz _ eZ2�;_. 0 -4- 07,