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Contract - Costa Mesa, City of - 1981-04-02 AGREEMENT FOR INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS THIS AGREEMENT is made and entered into this 7A4 day of 9V , by and between the CITY OF COSTA MESA a municipal corporation (hereinafter referred to as the "City") , and COSTA MESA SANITARY DISTRICT (hereinafter referred to as the "District") . R E C I T A L S A. The City Council of the City proposes to take proceedings (hereinafter called "proceedings") under the "Municipal Improvement Act of 1913" (commencing with Section 10000 , Streets and Highways Code) for ordering the construction and installation of certain improvements within said City and to assess the costs and expenses of such improvements against an assessment district containing the lands to be benefited by the improvements; said special assessment district is known and designated as ASSESSMENT DISTRICT NO. 80-1 (hereinafter referred to as the "Assessment District") . B. District is a public agency organized and existing under the laws of the State of California, and is authorized and obligated to provide service to the territory and property within the boundaries of the proposed Assessment District. C. The improvements to be constructed under the Assessment District proceedings include the installation of certain public improvements, as set forth and shown on the plans, specifications and Engineer ' s report for the above-referenced project, which upon final approval by the City Council , will remain on file in the office of the City Clerk and be opened to public inspection. The improvements proposed for this Assessment District , which will be under the owner- ship, management and control of the above-referenced District, are described as follows : The construction of certain sanitary sewer improvements, together with appurtenances and appurtenant work, as said improvements are shown on the plans and specifications for the above referenced Assessment District . • D. The City and District desire at this time to enter into an agreement pursuant to the provisions of Section 10110 of the Streets and Highways Code whereby the District will provide certain service to4lands within the boundaries of the Assessment District. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS : 1. WORK TO BE PERFORMED. City shall cause to be constructed and installed all improvements within the Assessment District, including those facilities to be under the ownership, management and control of District and for a full and complete description of the works of improvements to be under the control, management and ownership of District, reference is hereby made to referenced, and, attached and incorporated Exhibit "A" . District drawings,furnish adminis- tration,or approve, all plans , specifications, tration, supervision, inspection of construction and any other services required for the construction and installation of the above referenced improvements. 2. PROCEEDINGS . City shall conduct proceedings ,authorizing the construct installation of the imp ouncil those facilities to be owned by District. If the Coe cmlrove- confirms an assessment to pay the cost and expenses ments and adopts a resolution ordering the construction and installation, City shall establish a special improvement e nts nt the entire fun into which be deposited all payments made upon any nmeand . The fund proceeds d of any bonds issued to represent unpaid the s assm costs ts expenses of be used exclusively for the payment the proceedings and the construction and installation of the facilities. 3. CONSTRUCTION OF FACILITIES. The City shall award the construction contract for the above esrrequired ereedbAssessment District to to the lowest responsible bidder, byt bonds in the bidder shall post the applicable performance and payment previously for said work, all as set forth in the specifications as p Y approved by the City Council. 4. CHANGES IN WORK. The work to be performed under this Agreement and for which City is obligated to pay shall- not be changed, except in the manner and to the extent authorized by the "Municipal Improvement Act of 1913" . 5. NOTICE OF COMPLETION: TRANSFER OF TITLE- Upon completion by City of the installation and construction of all facilities , and the acceptance thereof by City, City shall l Notice tofsaid Completion with the County shall be vested to said facilites, as described in Exhibit "A" , operated and constitute part of its system and shall thereafter be used, op and maintained by it as part of its system. T 6 . AGREEMENT MADE PURSUANT TO UNICIPAL"IMPROC EME NlmACTvement OF 1913.. This Agreement is made pursuant to Act of 1913" , and, in particular Section 10110 , Streets and Highways Code. All payments required to be made by City ynd rxthesabove referenced improvements shall be payable solely from the special improvement fund provided for in Section 2 hereof and that City shall not be obligated to make any such payments from -2- ply other funds or monies of said City. This agreement is subject to the power of the City Council to abandon the proceedings at any time prior to the effective date of this Agreement. Except for the furnishing and supplying, or approval , of all plans, District shall not be obligated to perform any of the work provided for in this Agreement until it becomes effective. 7. EFFECTIVE DATE OF AGRFRMENT. Pursuant to Section 10110 of the Streets and Highways Code , this Agreement shall become effective after proceedings have been taken and work ordered, pur- suant to the "Municipal Improvement Act of 1913" and funds are available to carry out all of its terms. In the event the proceedings for the formation of the special assessment district shall be abandoned, enjoined or held by a court of competent jurisdiction to be illegally or improperly conducted, or if for any reason the proceedings are not consummated, or if consummated and funds are not sufficient or available, then this Agreement shall be terminated and any Agreement between the parties shall be cancelled. 8. NOTICES. Any notice authorized or required by this Agreement shall be deemed to have been sufficiently given if and when sent by registered or certified mail, return receipt requested. (a) To City, if addressed to: City Engineer City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 (b) To District, if addressed to: Costa Mesa Sanitary District 9. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to and be binding upon each of the parties and their successors and assigns. 10. EXHIBIT "A". That for any particular terms and conditions as they specifically relate to this Assessment District and this Agreement , reference is hereby further made to the attached, referenced and incorporated Exhibit "A" for all particulars , if applicable. DATED this 2nd day of April , 1981 Costa M-. . Sa . ' t. District 11110U‘ki.. ` - President ATTEST: SECRET i rem CITY OF COSTA MESA a municipal corporation By : ATTEST: 4 CITY CLERK dr,,atic . ' G, /91( v/- /7 APPROVED AS TO FOR CITY ATTORNEY. EXHIBIT "A" ASSESSMENT DISTRICT NO. 80•I IN THE CITY ORANGE. OF OSTOF CALIFORNIA COUNTY OF STATE SUNFLOWER, / MACARTHUR INDUSTRIAL AREA MACARTHUR BOULEVARD ,« AlIVSUNS WA nt uNl ale.w A+ I 1 w • .I I liI-•Z I i'�, I I II S 1 II I I JT _ T� � '1T' , I J.- CI• --p.�� .,y SCE NIC ' �, - , •—• AVENUE -l , D, . m•till p sL'0• �,w�e is 0 ,S +i 2 II a `,wA 1/1 .--'.-I ` . o .I� h . ... is a— 1cG'D v�•`�• . °a---: \. i� HS ;' p® sDw q \‘, �. <. ( - • Y '� I , I - I M f � L i 1. D �PpD 4W • � 'LAO IT. VIII a 1140. V •«4� . .:1:••4 01 IP 1..••TOME • EO1oW«•I AVENUE SUNFLOWER AND N C!6lN��OIf •ASESAL N: Owl R '�U {_NNOILL Ou Owl AND ELEC {AUUT IES _,_E-UNDl IIG110U» EI r] 51 REIT LIGHTS TIUN n TAAOGIC SIGN SIIA lint MAP SHOWING GENERAL LOCATION _I 1. SANI,AYD ANTS »E _rl_wAlEt LINE AND{ACILIIIES MES' S' –,D—S NI1A,DRAIN FACILITIES CO T. E. (MOT OWES AND ST A40015 RICT EASEMENTS. TAT uns•»D slMeDls DEEIDTe nlsn»G{•EIUnE SHOWN IN RED) © L•NDSCAPING ,A ING PAVING LURt' EASEMENTS GMi tO YEMENIS SHALL INCLUDES oN SAN „ 5,A,i wEDUN,,poMEt.iLDPMD.0 'RICAL 1••-1, ANDES HOUND ILL I.NONE•»D ELIC SISTLM,,UNDENC LANDSCAPING.Silt HAWS AND`PDN15C SIG ALS W"NIAN MUDLC EASE ML NIS AND SIAEE SIGNALS OF-WAY. AY. NOTE: No particular terms and conditions 971-p{9001 gam 945.11ws Too.I.ebony.* C • • RESOLUTION NO. F/-/7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CONTRACTS FOR UTILITY INSTALLATION AND APPURTENANCES IN ASSESSMENT DISTRICT NO. 80-1 (SUNFLOWER/ MACARTHUR INDUSTRIAL AREA) IN THE CITY OF COSTA MESA, CALIFORNIA WHEREAS , there has been submitted to this City Council proposed contracts for the installation of certain utility facilities, and this City Council has declared its intention to so enter into contracts for the construction of said mentioned works of improvement; and WHEREAS, at this time said agreements are ready for execution by the respective utility companies and public agencies and are now ready for approval and execution by the CITY OF COSTA MESA State of California; and WHEREAS, said agreements are pursuant to the provisions of the "Municipal Improvement Act of 1913 , " being Division 12 of the Streets and Highways Code, and specifically Section 10110 thereof , and pursuant to law, said agreements are to be executed prior to the ordering of any works of improve- ment under these proceedings for ASSESSMENT DISTRICT NO . 80-1 (SUNFLOWER/MACARTHUR INDUSTRIAL AREA) and said agreements will become effective after proceedings have been taken pursuant to this Division and funds are available to carry out the terms thereof; and WHEREAS , the public interest and convenience does require the execution of said agreements, NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA AS FOLLOWS: SECTION 1 . The above recitals are true and correct. SECTION 2 . The agreements relating to the installation of certain utility facilities by and between the respective utility companies and public agencies below listed are hereby approved . a. Mesa Consolidated Water District ; b. Costa Mesa Sanitary District; c. Pacific Telephone and Telegraph Company; d. Southern California Gas Company e . Southern California Edison Company SECTION 3. This approval is subject to the standard approval and concurrence of the City Attorney. SECTION 4 . The Mayor and City Clerk are each authorized to execute said agreements for and on behalf of the City; said agreements shall be executed in duplicate , and a copy of this Resolution Authorizing Execution shall be attached to each contract. SECTION 5 . All of the terms and conditions set forth in the respective agreements are hereby incorporated in and made a part of this Resolution as though each provisions thereof had been set forth in full. SECTION 6. Said agreements become effective pursuant to law and the provisions of the "Municipal Improvement Act of 1913" when funds are available to carry out the terms thereof. APPROVED and ADOPTED this Ap -day ofA4,, ' , if tr / N.L\ \QN,\\\ MAY' CITY OF COSTA MESA STATE OF CALIFORNIA ATTEST: ITY CLERIC CITY OF COSTA MESA / STATE OF CALIFORNIA -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I , EILEEN PHINNEY, City Clerk of the City of COSTA MESA, California , DO HEREBY CERTIFY that the foregoing Resolution, O being Resolution No. Ol-i7 , was duly passed, approved , and adopted by said City Council , approved and signed by the Mayor, and attested by the City Clerk , all at a meeting of said City Council held on he /,t4 day of A _ , and that the same was passed and adopter •y t e o owing vote, to-wit : AYES: COUNCILMEN: r/Lad■444; NOES : COUNCILMEN: )t 4. ABSENT: COUNCILMEN " Executed this ntA day of /9'1 /99,87 , at COSTA MESA, California . • ITY CLERK CITY OF COSTA MESA STATE OF CALIFORNIA •