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Home My WebLink AboutReso - CC - 087-1963RESOLUTION NO. 87-63 AUTHORIZING EXECUTION OF AGREEMENT WITH EICHLER HOMES, INC., A CORPORATION, FOR CONSTRUCTION, INSTALLATION AMD INCRZASE OF CAPACITIES OF MUNICIPAL WATER SYSTEM AND FOR SHARIFG COST WI EREAS, EICHLER HOMES, INC., a corporation, as subdivider and developer, is engaged in the development of "MILLS ESTATE NO. 19", a subdivision of land within the City of Burlingame; and WHEREAS, such development will include the enlargement, in- crease in capacity and improvement of the municipal water system of the City of Burlingame beyond what is necessary to serve only said subdivider and will be of benefit to said City generally; and WHEREAS, the City of Burlingame and said corporation desire to enter into a written agreement specifying the proportionate share of the cost of said improvements to be borne by each; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Burlingame that 1. The attached written agreement specifying the proportionate share of the costs to be paid by the City of. Burlingame and by Eichler Homes, Inc., a corporation, for the enlargement, increase in capacity and improvements of the municipal water system of the City of Burlingame be, and the same is hereby approved; and 2. The City Manager be and he is hereby authorized to make and enter into said agreement on behalf of the City of Burlingame, and the City Clerk of said City if hereby directed to attest his signature and to affix thereto the corporate seal of said City. a Mayor ' I, Herbert K. White, City Clerk, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 23 day of _October 1963, and adopted thereafter- !- «v the f _111w,ing vot,- Ayes. Councilmen, Crosby-George-Diederichsen-Johnson-Martin Noes- Councilmen.' None Absent Councilmen. None City Clerk A G R E E M E N T THIS AGREEMENT, made and entered into this 23rd day of October, 19632 by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter referred to as "City" and EICHLER HOMES, INC., a corpora - Lion, hereinafter referred to as "Subdivider", W I T N E S S E T H: WHEREAS City, pursuant to a resolution to be adopted by the city council of the City of Burlingame and proceedings subsequent thereto, shall award a contract for the labor and materials to be used in the construction of a one million gallon water tank in the SKYLINE TANK FARM in the City of Millbrae; and 14HEREAS the parties hereto have agreed that as said water tank will benefit the construction projects and developments of Subdivider in said city, and will also enlarge, extend, and improve the municipal water system of City, and that therefore the said parties shall participate in the cost of constructing said water tank; and WHEREAS City, pursuant to a resolution to be adopted by the city council of City, and proceedings subsequent thereto shall also award contracts to increase the capacities of the Trousdale Pump Station and the Rivera Pump Station; and WHEREAS the parties hereto have agreed that the increase in the capacities of each of said pump stations will be for the benefit of both the construction projects and developments of Subdivider and of City and the municipal water system of City and that there- fore the said parties shall participate in the cost of increase of capacity of each of said pump stations; and WHEREAS the installation of additional water transmission and distribution lines is necessary to provide water service to the construction projects and developments of Subdivider in City; and WHEREAS the parties hereto did provide for the installation of said water transmission and distribution lines by Subdivider at its sole cost and expense in that certain written agreement between the parties hereto dated August 19, 1963, entitled "Agreement - 1 - For Improvement On Final Acceptance of Mills Estate No. 19"; and WHEREAS the parties are agreed that the Burlingame municipal water system shall be further improved by the installation of a Skyline Reservoir Control Valve and of the Mills Reservoir Controls and Alarm system; and WHEREAS it is desired herein to specify the proportionate share of the cost of each of said construction projects, increases in capacity and installations to be borne by each party and a method of payment thereof; NOW, THEREFORE, it is agreed as follows: MILLS NO. 19 RESERVOIR (1) The "project" referred to herein is the construction of a one million gallon water tank upon real property within the City of Millbrae, County of San Mateo, State of California. (2) Said project shall be specifically described in the con- tract to be awarded by City in accordance with the regular proceedings of the city council of the City of Burlingame and said description is incorporated by reference herein, (3) The "project cost" shall be the total cost of said project as determined by the bid for said project which is accepted by said City Council of the City of Burlingame. Said project cost shall include all extra labor and materials paid for by City to complete said project, pursuant to the contract hereinabove referred too (4) The project cost shall be borne by the parties hereto as follows: Subdivider shall pay 63.39% of the project cost and City shall pay 36.61% of said cost. (5) Prior to the awarding of the contract of said project by the city council of City, Subdivider shall deposit with City the sum of $60,800.00 as its estimated proportionate share of the project cost. - 2 - TROUSDALE PUMP STATION (1) The "project" referred to herein is the increase in capacity of the Trousdale Pump Station on its existing site and on an adjacent site to be acquired. (2) Said project shall be specifically described in the contract to be awarded by City in accordance with the regular procedure of the city council of the City of Burlingame, and said description is in- corporated by reference herein. (3) The "project cost" shall be the cost of site acquisition together with the total cost of said project as determined by the bid for said project which is accepted by said city council of the City of Burlingame, Said project cost shall include all extra labor and materials paid for by City to complete said project in accordance with the terms of the contract referred to hereinabove. (4) The project cost shall be borne by the parties hereto as follows: (a) Subdivider shall pay one-half of the project cost and City shall pay one-half of said cost. (5) Prior to the awarding of the contract for said project by the city council of said City, Subdivider shall deposit with the City the sum of $8,750.00 as its estimated proportionate share of the project cost. RIVERA PUMP STATION (1) The `"project" referred to herein is the increase in capacity of the Rivera Pump Station at its pre-existing site. (2) Said project shall be specifically described in the contract to be awarded by City in accordance with the regular procedure of the city council of the City of Burlingame, and said description is incorporated by reference herein. (3) The "project cost" shall be the total cost of said project as determined by the bid for said project which is accepted by said city council of the City of Burlingame. Said project cost shall - 3 - include all extra labor and materials paid for by City to complete said project in accordance with the terms of the contract referred to hereinabove. (4) The project cost shall be borne by the parties hereto as follows: (a) Subdivider shall pay 85.45% of the project cost and City shall pay 14.55% of said cost. (5) Prior to the awarding of the contract for said project by the city council of said City, Subdivider shall deposit with the City the sum of $18,500.00 as its estimated proportionate share of the project cost. TRANSMISSION AND DISTRIBUTION LINES (1) The "project' referred to herein is the construction and installation of water transmission and distribution lines to serve the area within the City of Burlingame shown on the Map of Mills Estate No. 19, Burlingame, San Mateo County, California, approved by Resolution #67-63 adopted by the City Council of the City of Burlingame on August 19, 1963. (2) The estimated cost of such construction and installation is $161,750.00, the whole of which shall be borne by Subdivider. Subdivider has heretofore agreed to complete said construction and installation at its sole cost and expense in the Agreement For Im- provement On Acceptance of Final Map of Mills Estate No. 19 herein - above referred to. SKYLINE RESERVOIR CONTROL VALVE The estimated cost of installation of the Skyline Reservoir Control Valve is $3,150.00, the whole of which shall be done and paid for at the sole cost and expense of City. MILLS RESERVOIR CONTROLS AND ALARM SYSTEM The installation of the Mills Reservoir Controls and Alarm System, at an estimated cost of $3,700.00, shall be done and paid for at the sole cost and expense of Subdivider. Said installation shall be completed or or before completion and acceptance of the - 4 - W' construction of the Mills No. 19 Reservoir. GENERAL PROVISIONS (1) If upon the completion and acceptance of any of the projects provided for in this Agreement, and upon a determination of the project cost, the amounts deposited by Subdivider either exceed or fail to equal the proportionate share of the project cost required to be paid by Subdivider, City shall either refund the excess amount to Subdivider, or, alternatively, Subdivider shall pay the requisite amount to City, as the case may be. (2) Title to all improvements provided for in this Agreement shall vest in the City of Burlingame. (3) Time is of the essence of this Agreement. (4) This Agreement and every part hereof shall inure to the benefit of and be binding upon the successors or assigns of the parties hereto. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, on the dated hereinbelow indicated. CITY OF BURLINGAME, A Municipal Corporation Attest Date : (f EICHLER HOMES By � Date: yo INC.-, A Corporation V - 5 -