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Reso - CC - 048-1969
WJML:K:I:J:mf `.r5/13/69 15C Revised 5/20/69 RESOLUTION NO. 48-69 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ACQUISITION OF IMPROVEMENTS BAYSIDE IMPROVEMENT DISTRICT NO. 4 RESOLVED, by the City Council of the City of Burlingame, California, that the City make and enter into an Agreement for Acquisition of Improvements, in form this day presented to this Council, and identified as "Revised 5/20/6911, and the Mayor is hereby authorized to execute said Agreement, in duplicate, on behalf of the City, and the City Clerk is authorized to attest his signature and to affix the corporate seal of the City thereto. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Burlingame, California, at a meeting thereof held on the 2nd day of June , 1969, by the following vote: AYES, and in favor thereof, Councilmen: Amstrup-Crosby-George. NOES, Councilmen: None. ABSENT, Councilmen: Johnson -Martin. j Al City Clerk of the Cry of Burlingame APPROVED: Mayor ' Revised A G R E E M E N T FOR ACQUISITION OF IMPROVE:4ENTS BAYSIDE IMPROVEMENT DISTRICT NO. 4 THIS AGREEMENT, made and entered into this .,+ day of 1969, by and between ANZA PACIFIC CORPORATION, a corporation, erein referred to as "Company", and the CITY OF BURLINGAME, a municipal corporation, herein ca-.1ed "City", W I T N E S S E T H: V1HEREAS, on November 6, 1967, the City Council of the City of Burlingame adopted its Resolution No. 58-67, A Resolution Determining Compliance with Division 4 of the Streets and Highways Code, and Determining to Undertake Proceedings Pursuant to Special Assessment and Assessment Bond Acts for Improvements Without Further Proceedings Under said Division 4, wherein it did determine that an adequate peti- tion for improvements by special assessment and assessment bond pro- _ had been filed with the City Clerk, and that the said proceedings would be under and pursuart'to the Municipal Improvement Act of 1913, with bonds under the Improvement Bond Act of 1915; WHEREAS, said Council thereupon adopted its Resolution No. 60-67, A Resolution of Intention to Construct .Improvements, and certain of the imcrovements described in said resolutions have been constructed and by the City; Company, as the owner of the property assessed, has /L�-4- to construct the balance of the improvements described in 2eedings; .1EREAS, Company has entered into contracts for the construction of the remaining improvements described in said proceedings :he plans and specifications therefor on file in the office of City Engineer, and which are particularly set forth in the "r.wtimate for Proposed Improvements'to be Completed by Anza Pacific Corp. and Acquired by Bayside Improvement District No. 4" dated OR May 7, 1969, hereto attached and incorporated herein by reference, all of which are hereinafter referred to as "the improvements to be acquired"; WHEREAS, it is desired that the parties establish the terms, prices and conditions upon which said improvements will be acquired by City after they have been completed in strict accordance with the plans and specifications therefor on file in the office of the City Engineer; NOW, THEREFORE, 1T IS AGREED, as follows: 1. Owner shall construct and complete all of the improvements to be acquired. Owner shall cause to be delivered to the City before any final payments are made to the Owner under this Agreement a maintenance bond or bonds in the penal amount of at least ten percent (10%) of the amount of the contract or work to which it relates, with an admitted corporate insurer as surety, and in.form satisfactory to the City Engineer. 2. City agrees to conduct to conclusion the special assessment and assessment bond proceedings initiated pursuant to said Resolution of Intention No. 60-67, adopted by said Council on November 6, 1967, for the acquisition of the improvements to be acquired. 3. The_acquisition price of the improvements to be acquired shall be the total actual cost of constructing said improvements. The esti- mated cost thereof, as determined by said contract prices and Engineer's estimates, is set forth in said attached estimate. 4. Said actual cost shall be established by a cost certificate prepared and executed by the Engineer of Work and approved by the City Engineer of the City. 5. Said certificate of the Engineer of Work shall set forth the quantity of work performed, the unit cost of performing said work and the resulting amount due and to be paid therefor, and shall be accom- panied by a reproduced copy of the executed contract or contracts for doing said work. The amount shown on sAid certificate as due and pay- able shall be paid to Company, or its assigns, from the Construction Fund for said project created from the proceeds of bonds to be issued 2 upon said assessments, when said certificate has been approved by file City Engineer. 6. In the event notice of acceptance of completion of the contract or contracts for said work has not been filed in the office of the County Recorder of San Mateo County at the time of filing said certificate, ten percent (10%) of the amount shown on said certificate shall be withheld. If said notice of acceptance of completion is filed within ten (10) days after the completion of the work and acceptance thereof by the City Council of the improvements to be owned and operated by City, said ten percent (10%) shall be withheld until thirty-five (35) days after such notice is filed. If such notice is not filed within said ten-day period, said ten percent (10%) shall be withheld until ninety-five (95) days after such completion and acceptance. The amount so withheld shall be paid to Company, or its assigns, after the expiration of said 35-day period or 95-day period, as the case may be, provided no liens or stop notices against the work have been filed, as provided by law. 7. The cost of civil engineering and soils engineering in connec- tion with the improvements to be acquired shall be paid for on a certifi- cafe issued by the Engineer of Work and approved by Company, or upon statements issued to City therefor by Company; statements for City inspection shall be paid for upon certificates or statements therefor issued by the City Engineer; legal services shall be paid for upon statements therefor issued by legal counsel for the project; and state- ments for printing and advertising shall be paid for upon demands issued therefor by the City Clerk. All payments are subject to approval of the City Council of City. 8. All of said costs and expenses shall be paid solely from the proceeds of said assessments and sale of assessment bonds in said pro- ceedings and not otherwise. 9. City shall be deemed to have acquired said improvements upon final payment by City of the actual cost thereof as above provided, and upon its final acceptance of all of the completed improvements described in said proceedings. 3 M 10. The City and its authorized representative shall at all times have access to all parts of the work, and to the shops wherein the work is in preparation for the purpose of inspection, and Company shall at all times maintain proper and provide safe access for such inspection. All work done and all materials furnished shall be subject to the inspection of the City Engineer. The City s" all have the right to reject materials and work- manship *which are defective, or to require their correction. Rejected workmanship shall be satisfactorily corrected and rejected materials shall be removed from the premises without cost to the City. 11. The City shall not acquire any of the underground electrical and telephone facilities (other than street lighting facilities), but only the rights of service and use therein. Such rights of ser- vice and use shall be deemed to have been acquired upon payment of the cost thereof. Prior to such payment said physical facilities shall be accepted by the public and private corporations responsible for their ownership, maintenance and operation. 12. The right is reserved for Co..,pany to request changes in said acquisitions and improvements and City, through its City Council, to approve such changes. 13. It is agreed that the signatures of all parties to this AgJ,eement are based and predicated upon consummation of special assess- ment district proceedings providing for a sufficient assessment to pay the money herein agreed to be paid and also to pay all costs and expensesl' said proceedings and any rights -of -way or other property required. It is agreed that City is signing this Agreement .solely as agent and trustee for the property owners within the area of the assessment district; that it is assuming no direct liability for pay- ment of said money or the expenses of the acquisitions and construc- tion of said improvements,:and that its only liability and responsi- bility is that of conducting the special assessment proceedings referred to in the form provided by law. It is also understood by all parties that the City cannot pledge itself in advance that said special assessment proceedings will give the City ,jurisdiction to confirm the assessment, and that all terms and provisions of this Agreement are subjec-� to said special assessment proceedings being consummated. City 's to pay sums to be paid pursuant to this Agree- ment only out of moneys in said special assessment district proceed- ings and out of no other funds. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and signatures the day and year first above -written. APPROVED AS TO FORM; Ci y torney WZLSON, JQNES, IMORTON & LYNCH �4_i Special Counsel. ANZA PACKFIC CORPORATION Its�. 7 l By Its .- ' eY Lc-C-c+--L- CITY OF BURLINGAME By yor ATTEST: City Clerk !` 1.4y 7, 1969 &-MATE FOR P-ROPOSED 1177''�� TOi � BE T1COXPL{ET i BY 2. ,TzA P:, � .b� IC Cop . � IND 3A=JIFLED E- .Mt �� i ^...i D A�1v�t��!-Ti n 1 .r. l.uu 1i`i:.wi tu.irifl 4 S CEEDU=4 T - II ;PRO VENTS .A.M?ORT BLVD . STA. 44i-83 to 54+81 (Last of Bridge) 1• 2• Subgrade preparation Class II Aa cc erg:' Bata Subbase 19,650 5$0 S.F. •Q25 �• 4. Class II -rsg :ta BaSO 2" 400 Tons M ions 2•75 5•. Asphalt Cone rata In As Asphalt Concrete 15,150 27,880 S.F.- 0.75 0.11 6. 7. 24" Curb & Gutter 6" 868 S.F. L •F • O.G7 1.60 8• AC Curb 4" P.C.C. Sidewalks 840 3 470 L. ° •75 9 • Co=erlcal Drive -ways j�0 S.F, �0.35 S '- • 0.60 20 • 11 12" Class 1500 E o 50 p ray Se„-er 8" Sewar Laterals 142 . ' 7.10 12 • Manholes L L .F . 6.65 13• Cleanouts 2 3 370.00 14. 18" Class -II Storm Drain 50050.00 L.F.L 15. 16. 241, ,t " �� I, Catch Basins 422 L.F. 7.20 9.50 17• M-Storm 2 1 E:. . 325.00anholes 18• 12" ACP Water Main 967 v4. A4 L.F. 370.00 19. 12" Gate Valve 8420 20• Fire Hydrants =A• 350.00 21. Street Monuments 4� 730.00 22. Streat S igns & Reflectors I Job 45.00 T e 23 • Water Linos & Sub ado ado Repair 1 Job �..y L.S. SUBTOTAL------- SCEDULE II S 1. T IMIPROVai:EliTS - AIRPORT BLVD. STA 17+88 to STA 43+74 (West of Bridge & C Road) �0 r, 5 ly�� 1,$30 1,666 1,952 I,38$ d3o 2,215 2J8 3,862 931 740 450 . 3,6co 4,057 6� 7,930 350 2,920 180 3,000 5,000 45,102 1 • 2• SubGrade P: aparation �31967o Class II Aggregate Subbase 4,6I0 S.F. �'' 3,292 3• Class II Aggrogate Base 3,534 _ons Tons 2,025 75 I2, 678 4• 2" Asphalt Concrete 111a600 S.F. 3.75 7 13,253 3, 53 5• :" Asphalt Concreto 1799540 S.F. O.i_ 12,276 Cie 7• 24" Curb & Gutter 6" x 16" Zslgnd Curbs 5, 390 L.F. L .F . 0.07 I°00 1-9 , 558 8,624 E • 4" P .0 .0 . Sidewalks 3,39 3 18,030 L •�" • 1.80 6,143 9• 10. Ca:nmerical Driveways Str Bet Moniamonts 5,754 S°F' S .:� F. 0.35 0.60 6,310 3,450 11. Street Repairs 1 `- 45.00 180 Job L.S. 4,000 SUBTOTAL ------- ; 82,774 i of 2 ITS , DESCRIPTION „ �ml �._ t xz rT r ,,,?,r ,,. T, . SiEDT,'I,E III - UNDERGROUIM UTILITIES BLVD. STA i7i-88 to STA 43+711 3c 1 . 2 10" Class 150� . E;�oay Sewer 1,906 gFt t1 ti i, . ' . i2 r • `v,• $ 3 • ft If 611 rf ff Ir It 6h9oc - . f •: • 6 • O5 ti , tjii k Y• � Manholes `'/ � L .F * 4�+41] • 6.1� }• 7.� •\1G �{ ,2.6 3' n 5. 8. Cleanouis ' 6 15" Class III Storm Drain 2.59 `�`��� �� .1.ce, •GO ' b.00 , 2. 7. 8. l,ta it n Pa ft 30 1 21.ft it if w • ...,4. 7.20 1.5_;, 9? 9 ;t 24n PP n ifPP 85 504 n L .�" .:. L 70 ? , 7ri 10. 271, P4 if of If 65 .:. L.F. 9.50 10 1l. 12. Tt Pi fP it PP �6 590 Catch Basins L.F. .70 14.50 E',642 13 • 10 2�anholes - Stc n, EA. 325.04 3,2%� 14. 1211 Cat.ch1aas.r; Stuns 14 370-00 15• Storn Drains,,© Outlets 1 JOB L.3.44 16. 17. 12" ACP �3ater a Pain 1,0•,t0 8" L.F. 8.20, 3,798 49fl 8,�"� 18. ACP Water Main 2 1,q2. � 12" Gata Valves r _M �Yy • � _ 4.90 9,4i8 i9. 3 8rf PP tf 1 �'�'- >.. 350.44 +,05 . � � 20. Fire . ire Hydrants 14 _�.:,. Fi:. 200,00 200 21. 8" Fire Service .from Sir N,&im 7 730.GG 535.0.0 7,304 22 • 8" Fire Service from 121' Main. 3.• 5.40 3, 745 It -1,770 SUDTOTILL------302,51w BAYSIDE .FROV 'N DISTRICT NO. ►i BURLIM; - , CALIFORNZA ES t IMATi: I., FORT BLVD- STA 17,,88 to STA 63+78.53 SCREDULE IV !SLkhD SPRMLERS & UNDSCAPING AIRPORT BLVD. STA 17+88 -to 63;78,53 1. 2. Sprinklers, complete 1 Job L.S 8,444 30 Planting 1,000 C.Y. 4.00 4,400 6,0 o SUBTOTAL ------ $ 18,000 SMEDULE V ELECTRICAL, S2r� ETLIGBTS, r =A.,A.RM , TELEI�iO E - AZRPORT BLVD STA 17+88 to STA 63+78.53 1. 2. Fire r a: m B:_)xes 8 Fire Alarm CondiT *,,t & 'miring 4,60r, FA . L.F. 504.00 h 4,404 3• Fire Alarm P-0.1 Boxes 1.2 r, $ EA 1.75 40.00 8,050 4 • Fire'Alarm'Roceivar Un't 1 . "+• L.S. - 4 5•, 6• Telephone (loss refund) l Electrical Substructures Jcb L.S. 750 1 Job L.S. 000 111000 TO SUBTAL ------ 28,780 2of2