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HomeMy WebLinkAboutCC RESO 15,313RESOLUTION NO. 15,313 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER AUTHORITY BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized and directed to execute an Agreement to Improve Development/ Water Facilities with Sweetwater Authority to pay a portion of the costs of a future main extension on Plaza Boulevard from the I-805 west median to Grove Street, construction of which is planned for the late 1990's. PASSED AND ADOPTED this 26th day of May, 1987. -d ye /� 44/�.G�W GEORGE . WATERS, Mayor ATTEST: I9NE CAMPBELL, Cit APPROVED AS TO FORM: GEORGE H. EISER, III, City Attorney I. 1IBIHXJ 1� `1bNoisdN Gag-z 0^143. VaV d � 9N�dd�'�or��1 1-41,J 2 W �tiW S liNi 2 I\ No11�v�r��ii rK 14/43 It° 1QVJJ ryry oL r(nc 3r4 .16,9s ploof3: MA I M )(TE.NSIG'1.1 4PPi2ox. IQ�o L.F PL,A,?A at -VD. c V le, NIT I- MAP a Nora • c-IT'( of tJ)=.4► t,lok, G►T'( rF-e,pa(zT' = (�74 fi Isc) : 1oso TH 15 xi M A-r E e)4 L—I' . �•CT'- LeNkTk To eE DGT miNiep DF ►MPt-ovMENT PLPJ F©* MEA 1t.- M Eol Ar1J L'AJQ' APtNJG1 �' PL AiA 4z-805 N iTY ‘CT. ai EXHIBIT 2 3.' 'Nelson & Sloan Sand Mini.-4 License Agreement - Modificat. L Nelson & Sloan have requested that terms of the License Agreement #396 be modified to take into consideration that there is little sand to mine until after the winter rains. Executed in 1979, the License Agreement reviewed the situation when water was too high to remove sand but did not consider when all available sand had been removed, which is what has happened now. Mr. Sorensen then explained this situation in more detail. The motion was made by Mr. • Colvin, seconded by Mr. Morgan, that Board request SBID execute an amendment to agreement that would allow annual minimum to be reduced from $25,000 to $10,000 if sand is not avail- able to mine and also allow Nelson & Sloan to pay this minimum at end of year instead of beginning of year as stated -in agreement. The motion carried. 4. Burgess Remote Service Request - 958 Songbird Lane, Chula Vista. Mr. John Burgess has requested a remote service to his property. He is presently constructing a duplex and desires a service for each of these residences. As there was an existing service installed in 1963, only one new service would be required. The surrounding area is fully developed. The motion was made by Mr. Colvin, seconded by Mr. Morgan, that request for remote service be granted with provision that County of San Diego be contacted to determine if there is a building permit that allows two residences on this lot. A main extension would be of g benefit to our system. The motion carried. 5National City Remote Services on Plaza Boulevard. Kim Wiley, Landscape Architect, on &behalf of the City of National City, has requested service for landscaping two medians on Plaza Boulevard at I-805. Mr. Wiley proposed the following two alternatives for service: (a) Set a meter off of main in Plaza Boulevard and another meter off main in Grove Street. A separate landscape system would then be extended to each median from these meters; (b) Set one meter off main in Plaza Boulevard and both medians would be serviced by this one meter. For both alternative, meters would not be fronting these medians, as they would be set perpendicular to water mains. The motion was made by Mr. Colvin, seconded by Mr. Zogob, that staff be authorized to execute agreement with City of National City allowing these two remote services with these remote services remaining until Sweetwater Authority determines a connecting pipeline is necessary under Highway 805, at which time Cif would be required to Qay its proportionate share of main to be installed. The motion carried with Mr, Morgan abstaining. 6. Oxford Street Improvements - R & R Funding. The County of San Diego is proposing improvements of Oxford Street, west of Hilltop Drive, including street widening and con- struction of curb, gutter and sidewalk on north and south side of Oxford Street. Part of this work requires that Authority adjust six services, abandon one service and install a new service with estimated cost, including engineering, to be $5,320. The County will pay 100 of costs for abandonment and installation of a new service ($1,220) and 50% of lateral adjustments ($2,050), altogether $3,270. The motion was made by Mr. Colvin, seconded by Mr. Wright, that expenditure of $2,050 be authorized from Repair & Replacement Fund for this work. The motion carried. 7. Bonita Valley Subdivision - Contract Modifications. 0n 10/28/86 we sent a letter to Richard Plumleigh, representative of developer -for this project, stating Authority requires additional deposit of $18,000 for engineering and inspection work. Responding to our letter, the developer, Odmark Development Company, Inc., has requested that the $18,000 be deducted from reimbursement amount Authority will owe developer after lien period has expired and following filing of Notice of Completion by Authority. This reimbursement amount was established by Board during 5/14/86 meeting as a•not-to-exceed amount of $27,375. Thus, reimbursement amount would be reduced to about $9,375 depending on final construction, engineering and inspection costs. The motion was made by Mr. Colvin, seconded by Mr. Morgan, that developer's request be approved after legal counsel reviews transfer of credits and drafts appropriate amendments to contracts should they be necessary. The motion carried. -3- AGREEMENT TO IMPROVE DEVELOPMENT/WATER FACILITIES This Agreement is made and entered into this day of , 19 , by and among SWEETWATER AUTHORITY ("Authority") and THE CITY OF NATIONAL CITY ("Owner"). RECITALS WHEREAS, Owner is proposing to landscape the existing traffic medians located in Plaza Boulevard at Interstate Highway 805, National City, California and as described in Exhibit "1" attached hereto; WHEREAS, Owner seeks to serve said improvements from remote water meters located at two separate locations in Plaza Boulevard, National City, California; WHEREAS, Authority agrees to permit Owner to serve said improvements from said remote services on the condition that Owner agrees to participate in a water main extension upon the occurrence of specified events. NOW THEREFORE, it is agreed: 1. Owner hereby agrees that when Sweetwater Authority installs or requires the installation of a water main extension in Plaza Boulevard as described in Exhibit "2" attached hereto, Owner shall -1- participate in a water main extension by paying a proportion of the cost of said water main extension. The proportion has been estimated to be 43 percent; however, upon completion of the improvement plans for said main extension, the actual proportion will be determined. This cost shall be paid to the Authority within 90 days after written notice by the Authority to Owner. 2. With respect to the "remote service" Owner agrees to pay for the installation of lateral pipelines and water meters on the existing water main in Plaza Boulevard and Grove Street as described in Exhibit "1" attached hereto. 3. With respect to the "remote service" Owner agrees to connect the remote laterals with the median improvements within Plaza Boulevard road right-of-way. 4. With respect to the "remote service" the Authority shall install the remote laterals and meters as described in Exhibit "1" following the deposit of monies by Owner in accordance with Authority's Rates and Rules. Authority shall not install said meters and laterals until the obligations set forth in paragraphs 3 and 4 above have been completed and approved by Authority. 5. Interpretation. All words in the masculine, feminine, or neuter gender and plural or singular number, shall each be construed to include the others wherever the context so requires. All captions and headings are used for convenience only and are not part of the text of this Agreement. 6. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California. -2- 7. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be effected thereby. The Agreement shall be enforced to the greatest extent permitted by law. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. SWEETWATER AUTHORITY By: By: Chairman Secretary of Board OWNER City of National City BY City Clerk SWA Project: St. Imp. #86-41 NAG1:STIM8641