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HomeMy WebLinkAbout90-112 CC ResolutionRESOLUTION NO. 90-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CERTAIN UTILITY AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE REGARDING ASSESSMENT DISTRICT NO. 159 WHEREAS, County has conducted proceedings for the formation of an assessment district pursuant to the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, designated Assessment District No. 159 (Rancho Villages) (the "Assessment District") to finance the construction and acquisition of certain public improvements specified in such proceedings (the "Improvements"); and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of California, and is authorized to provide service to certain territory and property within the boundaries of the Assessment District; and WHEREAS, the Improvements include the installation and construction of those improvements identified and described in the Agreement attached hereto, which are to be owned, managed and controlled by City; and WHEREAS, County and City, before the ordering of the City Improvements, desire to enter into this Agreement pursuant to Section 10110 of the Act, whereby County or City will construct, and County will finance, the construction of the City Improvements as required by such Section and the terms of this Agreement. WHEREAS, it has been proposed that the County acting as the legislative body of Assessment District No. 159 enter into the following agreements with the City entitled: "COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO. 159 (Rancho Villages) UTILITY AGREEMENT (CITY OF TEMECULA)" Resos 90-112 I WHEREAS, the proposed Utility Agreement attached to this Resolution as Exhibit "A", and incorporated by this reference herein has been reviewed by Counsel for all parties; WHEREAS, the City Council now has reviewed the proposed Agreement pursuant to Streets & Highway Code Section 10110 and finds the approval of the Agreement is beneficial to the residents of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Agreement attached as Exhibit A is hereby approved in substantially the form presented. Section 2. The Mayor and City Clerk are hereby authorized to execute the Agreement. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 13th day of November , 1990. AT'FEST: Jun k, Deputy City'L~l'e~k [SEAL] Resos 90-112 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) I, June S. Greek, Deputy City Clerk HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 13th day of November, 1990 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Moore, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Jun ' S.~k~ Deputy Re~oa 90-112 3 COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO. (Rancho Villages) UTILITY AGREEMENT (CITY OF TEMECULA) 159 This AGREEMENT is made and entered into this day of 1990 by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (hereinafter referred to as "County") and the CITY OF TEMECULA, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as "City"). ~ EC I TAL S WHEREAS, County has conducted proceedings for the formation of an assessment district pursuant to the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, designated Assessment District No. 159 (Rancho Villages) (the "Assessment District") to finance the construction and acquisition of certain public improvements specified in such proceedings (the "Improvements"); and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of California, and is authorized to provide service to certain territory and property within the boundaries of the Assessment District; and WHEREAS, the Improvements include the installation and construction of those improvements identified and described on Exhibit "A" hereto (the "City Improvements") which are to be owned, managed and controlled by City; and WHEREAS, because the City incorporated subsequent to the formation of the Assessment District, responsibility for plan and specification review and approval for the City Improvements, inspection of the City Improvements during construction, and maintenance of the City Improvements will continue with the County until July 1, 1990, and after that date only by contractual agreement; Accordingly, all references to the City with regard to the said activities shall also be deemed to refer to County until such time as County is relieved of such duties by statute or contractual agreement; and WHEREAS, County and City, before the ordering of the City improvements, desire to enter into this Agreement pursuant to Section 10110 of the Act, whereby County or City 3856m5 Page 1 of 6 will construct, and County will finance, the construction of the City Improvements as required by such Section and the terms of this Agreement. NOW, THEREFORE, the COUNTY OF RIVERSIDE and the CITY OF TEMECULA hereby agree as follows: AGREEMENT correct. 1. Recitals. The above recitals are true and 2. City Improvements. The City Improvements, authorized to be constructed under the Act and identified and described in Exhibit A hereto, are those which will be under the ownership, management and control of City. County, on behalf of City, shall review and approve all plans, specifications and drawings related to the City Improvements and shall inspect the construction thereof, and shall provide any administration and supervision or other services required for the construction and installation of the City Improvements; provided, that at its option, exercised on thirty (30) days written notice to the County, the City may assume from the County responsibility for plan and specification review and approval for. the City Improvements, and inspection of City Improvements during construction. 3. Proceedings. County has conducted proceedings authorizing the construction and installation of the City Improvements, including the confirmation of assessments to pay for the costs and expenses thereof. County will establish an improvement fund into which shall be deposited all amounts paid on the assessments and the proceeds of any bonds issued to represent unpaid assessments. The fund shall be used exclusively for the payment of the costs and expenses of the proceedings and the construction and installation of the Improvements. 4. Construction of Improvements. Upon completion of plans and specifications for the City Improvements to the satisfaction of the City Engineer, County will solicit bids and award the construction contract for the City Improvements to the lowest responsible bidder as required by law, and said bidder shall post the applicable labor, material and performance bonds in the amounts for said work, all as set forth in the specifications and contract documents approved by the City Engineer. 5. Acquisition of City Improvements. In the event that all or some of the City Improvements are to be acquired by County as provided in Section 10101 of the Act, such improvements shall have been constructed pursuant to an 3856m5 Page 2 of 6 acquisition agreement between County and a developer/property owner providing for compliance with all governmental requirements and restrictions, including the payment of prevailing wages where applicable. 6. Inspection, Plan Check Fees and Related Expenses. The proceedings for the Assessment District shall include all costs for inspection, plan check fees, contract administration and other costs of City incidental to the construction of the City Improvements, and County shall pay to City all costs incurred by City relating to the construction and installation of the City Improvements. 7. Notice of Completion; Transfer of Title. Upon completion by County of the acquisition or installation and construction of all City Improvements, and the acceptance thereof by City, County shall file a Notice of Completion with the County Recorder, if appropriate, and thereupon title to said improvements shall be vested in City and thereafter constitute and be used, operated and maintained by City as part of its system of roads. All rights of way shall be conveyed in fee title or easements, including ingress and egress, as deemed necessary by City for the operation and maintenance of each respective element of the City Improvements. Should construction of any or all of the elements of the City Improvements be performed by City, all rights of way necessary for the construction, inspection, operation and maintenance of such elements shall be conveyed to City prior to advertising for construction bids. City shall require policies of title insurance, each in an amount not to exceed fifty thousand dollars ($50,000.00), for each parcel conveyed to City, guaranteeing City's interest to said property as being free and clear of all liens, encumbrances, taxes and leases (recorded and unrecorded), except those which in the sole discretion of City, are acceptable. 8. Payments by County. All payments required to be made by County for construction of the City Improvements shall be payable solely and exclusively from the improvement fund described in Section 3 hereof, and neither County nor City shall be obligated to make such payments from any other funds or moneys from County or City. 9. Indemnification and Insurance. County shall assume the defense of, indemnify and hold harmless the City and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting Page 3 of 6 3856m5 from, (i) the actions of County pursuant to this Agreement and (ii) the design, engineering, and construction of the City Improvements designed, engineered and constructed by County; provided that, the actions, damages, claims, losses and expenses covered by this paragraph shall be those arising out of events which occur during the period up to the acceptance of the City Improvements by City whether or not an action or claim is filed by the date of acceptance of the City Improvements; and provided further that nothing in this paragraph shall limit, in any manner, City's rights against any of County's contractors, architects or engineers. No provision of this Agreement shall in any way limit the extent of the responsibility of County for payment of damages resulting from its own operations, including but not limited to design liability for the City Improvements, or the operations of any of its contractors, agents or employees. City shall assume the defense of, protect, indemnify and hold harmless the County and its respective officers, employees, attorneys and agents, and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions of City taken in the performance of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of City for the payment of damages~ resulting from its own operations or the operations of any of its contractors, agents or employees. Each party will require that any and all Contractors employed by it shall furnish certificates of insurance substantiating t~at they have obtained for the entire period of construction of any of the City Improvements a policy of workers compensation insurance and a comprehensive general liability insurance with coverage broad enough to include the contractual obligations they have under the construction contract and having a combined single limit of liability in the amount of $2,000,000. Said certificates of insurance shall include an endorsement naming the City and the County, and their respective officers, employees, and agents as additional named insureds. 10. ~ffective Date of Agreement. Pursuant to Section 10110 of the Act, this Agreement shall become effective after proceedings have been taken and work ordered pursuant to the Act and after funds are available to carry out the terms hereof. In the event the proceedings for the Assessment District are abandoned by County, or shall be enjoined or held by a court of competent jurisdiction to be illegally or improperly conducted, or if consummated and bonds are not sold to provide sufficient amounts for the acquisition or construction of the City Improvements, then this Agreement shall be terminated and the parties hereto shall have no further obligations hereunder. Page 4 of 6 3856m5 11. Notices. Any notice authorized or required to be given by this Agreement or proceedings related hereto shall be deemed to have been sufficiently given if and when sent by first class mail, postage prepaid, to the parties as follows: To County: COUNTY OF RIVERSIDE 4080 Lemon Street 8th Floor P.O. Box 1090 Riverside, CA 92502 Attn: Deputy Director of Transportation To City: CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 Attn: City Manager 12. Successors and Assigns. This Agreement shall inure to the benefit of and be binding on each of the parties and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. COUNTY OF RIVERSIDE Attest: By: Chairman of the Board of Supervisors Gerald A. Maloney, Clerk of the Board of Supervisors 3856m5 Page 5 of 6 CITY OF TEMECULA Attest: By: Ron Parks, Mayor By: David F. Dixon, City Clerk Approved as to Form: By: Scott F. Field, City Attorney Recommended for Approval: By-.' Deputy Director of Transportation Page 6 of 6 3856m5 EXHIBIT A [Map/Description of City Improvements] 2806m5 A-1 EXHIBIT "A" Rancho Village Assessment District 159 improvements to be owned, managed and controlled by the City of Temecula. RVAD NUMBER LOCATION QUANTITATIVE DESCRIPTION 001, 002, 005 007, 008, 009 017, 020 022, 025 046, 047, 049 BUTTERFIELD STAGE ROAD (NORTH) FROM HIGHWAY 79 NORTH TO R~CHO CALIFORNIA ROAD BUTTERFIELD STAGE ROAD (SOUTH) FROM HIGHWAY 79 SOUTH TO BUTTERFIELD STAGE ROAD BRIDGE "A" STREET (CROWNE HILL DRIVE) FROM BUTTERFIELD STAGE ROAD NORTH WITHIN TRACT NO. NORTH TO PAUBA ROAD "C" STREET (CALLE LAS MARIPOSAS) FROM BUTTERFIELD STAGE ROAD EAST TO "A" STREET WITHIN TRACT NO. 23143 DE PORTOLA ROAD (EAST) FROM BUTTERFIELD STAGE ROAD EAST TO THE A.D. BOUNDARY 4000 LF OF 40' WIDE AND 9,563 LF OF 63' WIDE A.C. ROADWAY WITH 7055 LF OF CURB AND GUTTER, 8 CATCH BASINS, 354 LF OF 18" RCP, 63 LF OF 24" RCP, 1231 LF OF 36" RCP 795 LF. OF 82' WIDE A.C. ROADWAY WITH1508 LF CURBAND GUTTER, 2 CATCH BASINS, 50 LF OF 24" RCP, 118 LF OF 18" RCP 7350 LF OF 48' WIDE A.C. ROADWAY WITH 14,703 LF OF CURB & G~, 2 CATCH BAS INS, 1423 LF OF 18" RCP,292 LF OF 24" RCP, 611 LF OF 27" RCP, 500 LF OF 36" RCP 1912 LF OF 44' WIDE A.C. ROADWAY WITH 3,824 LF OF CURB & GUTTER, 5 CATCH BASINS, 265 LF OF 18" RCP, 678 LF OF 24" RCP, 318 LF OF 36" RCP 1420 LF OF 63' WIDE AND 1650 LF OF 44' WIDE A.C. ROADWAY W/2960 LF OF CURB & GUTTER, 6 CATCH BASINS 270 LF OF 18" RCP, 77 LF OF 36" RCP, 360 LF OF 36" SRP, 417 LF OF 48" SRP, 165 LF OF 78" SRP ~60, 061, 064 072, 073, 076 100, 103 098, 099, 101 051, '052 054, 055, 058 WOLF VALLEY ROAD FROM REDHAWK/MURDY BOUNDARY TO PALA ROAD 3010 LF OF 40' WIDE A.C. ROADWAY WITH 4 CATCH BASINS, 135 LF OF 18" RCP, 132 LF OF DOUBLE BOX CULVERT FAIRVIEW ROADWAY (DEER HOLLOW WAY) 2245 LF OF 34' WIDE FROM REDHAWK/MURKY BOUNDARY A.C. ROADWAY WITH2193 WEST TO PALA ROAD LF OF CURB & GUTTER, 1 CATCH BASIN, 49 LF OF 18" RCP, 54 LF OF 36" RCP, 300 LF OF 66" SRP PAUBA ROAD (WEST) FROM MARGARITA ROAD WEST TO BUTTERFIELD STAGE ROAD 8736 LF OF 42' WIDE A.C. ROADWAY WITH5850 LF OF CURB & GUTTER, 161 LF OF 18" RCP, 34 LF OF 24" RCP, 22 LF OF 36" RCP PAUBA ROAD (EAST) FROM BUTTERFIELD STAGE ROAD TO VIA DEL MONTE 3632 LF OF 44' WIDE A.C. ROADWAY WITH 3,147 LF OF CURB & GUTTER, 4 CATCH BASINS, 2 M~kNHOLES, 297 LF OF 30" RCP, 13 LF OF 36" RCP DE PORTOLA ROAD (WEST) FROM MARGARITA ROAD EAST TO BUTTERFIELD STAGE ROAD 7628 LF OF 40' WIDE A.C. ROADWAY WITH 358 LF OF 18" RCP, 473 LF OF 24" RCP, 205 LF OF 36" RCP, 264 LF OF 42" RCP, 151 LF OF 60" RCP, 66 LF OF 66" RCP MARGARITA ROAD FROM HIGHWAY 79 SOUTH TO MARGARITA ROAD BRIDGE 1125 LF OF VARIABLE A.C. ROADWAY WIDTH (76' TO 110') WITH 1130 LF OF CURB & GUTTER, 2 CATCH BASINS, 4MANHOLES, 55 LF OF 18" RCP, 906 LF OF 30" RCP I~/rvad/exh i bi t~/~!: RANCHO VILLAGE ASSESSMENT DISTRICT NO. 159 PROJECT SUMMARY Approved by the Riverside County Board of Supervisors on June 9, 1987 for $77 Million of major improvements including street, water, sewer, gas, storm drain and channel. Sold bonds for Series "A" Improvements in the amount of $6,196,153.50 which includes the construction of the Pala Sewer Lift Station. Opening Bid Date Closing Bid Date Status of construction: March 12, 1989 April 19, 1989 Constructed/waiting final testing inspection for and Sold Bonds for Series "B" Improvements in the amount of approximately $36,000,000 which includes the construction of the following items: ae The construction of a sewer trunk main within State Highway 79 from Tract No. 20319 at the existing intersection of Pala Road and Highway 79 east to the proposed alignment of Bufferfield Stage Road. Opening Bid Date Closing Bid Date Status of construction: July 11, 1989 August 01, 1989 Constructed/waiting final inspection for The construction of sewer improvements within Margarita Road from Pio Pico Road southeasterly to Highway 79. Opening Bid Date Closing Bid Date Status of construction: July 11, 1989 August 02, 1989 Constructed/waiting final inspection for The construction of a sewer trunk main within the Loma Linda and Linda Vista Right of Ways from Pala Road to Wolf Valley Loop Road. Opening Bid Date Closing Bid Date Status of construction: July 11, 1989 August 02, 1989 Constructed/waiting final inspection for / db/RVAD/P I'o j ec t. $~/9: RVAD Project Summary October 26, 1990 Page Two DJ The construction of De Portola Road (40 foot width travel lane) from margarita Road easterly to Butterfield Stage Road. Opening Bid Date Closing Bid Date Status of construction: July 18, 1989 August 15, 1989 Under construction/RCWD installing 48" transmission line Ee The construction of Wolf Valley Road, as an access road (40 foot width travel lane), from the Murdy- Redhawk property line to Pala Road. Opening Bid Date Closing Bid Date Status of construction: August 29, 1989 Sept. 27, 1989 Constructed/waiting final inspection for Fe The construction of Margarita Road from Highway 79 southerly to Wolf Valley Loop Road including a bridge crossing of Temecula Creek. Opening Bid Date Sept. 06, 1989 Closing Bid Date Oct. 04, 1989 Status of construction: Under construction Approximate completion date: April 1991 The construction of a sewer dual force main from the Pala Sewer Lift Station northwest to the existing municipal water district wastewater treatment plant. Opening Bid Date Feb. 13, 1990 Closing Bid Date March 07, 1990 Status of construction: Under construction Approximate completion date: Dec. 1990 The construction of half width improvements in Pauba Road from Margarita road easterly to Butterfield Stage Road. Opening Bid Date Sept. 18, 1990 Closing Bid Date Oct. 17, 1990 Status of construction: waiting for County to award contract Approx. start of construction date: Nov. 11, 1990 Approx. comple~ion date: Oct. 20, 1991 /db/EVAD/P~o j ect. S~.~/g: RVAD Project Summary October 26, 1990 Page Three The construction of Kaiser Parkway (Meadows Parkway, 40 foot width travel land) from Rancho Vista Road southerly to Pauba Road. Opening Bid Date Sept. 18, 1990 Closing Bid Date Oct. 17, 1990 Status of construction: waiting for County to award contract Approx. start of construction date: Nov. 11, 1990 Approx. completion date: Oct. 20, 1991 The construction of half width improvements in Pauba Road from Butterfield Stage Road easterly to Via Monte Road. Proposed Bid Date Nov. 20, 1990 Approx. start of construction date: January 1991 Approx. completion date: May 1991 Ke The construction of half width improvements in De Portola Road from Butterfield Stage Road easterly to the district boundary. Proposed Bid Date Nov. 20, 1990 Approx. start of construction date: January 1991 Approx. completion date: July 1991 The construction of a trunk sewer along Pala Road from Fairview Avenue (Pepper Corn Drive) to Cupeno Lane. Status of plans: Approval from agency. Waiting and 1601 permit serving for 404 Proposed bond sale of Series "C" improvements on January, 1991 for approximately $34 Million which includes the following proposed improvements: The construction of Road "A" (Crowne Hill Drive) from Butterfield Stage Road to Pauba Road. Status of plans: Status of construction: Approvals from all serving agencies. Waiting for Series "C" Bond Sale /db/RVAO/Pro j ec t. Su~/g: RVAD Project Summary October 26, 1990 Page Four Be The construction of Road "C" (Calle Los Mariposas) from Butterfield Stage Road easterly to Road "A"(Crowne Hill Drive). Ce The construction of Fairview Avenue (Deer Hollow Way) from Pala Road northeasterly to the district boundary (excluding frontage improvements along the Murdy property). Status of plans: Approvals from County Trans. Dept., RCWD and EMWD/waiting for final review from Flood Control Approximate approval date: Dec. 1990 De The construction of additional traffic lanes in State Highway 79 from 1300 feet westerly of Interstate 15 easterly to Butterfield Stage Road and the on ramp/off ramp widening at the Interstate 15/Highway 79 Interchange. Status of plans: P.S.R. Approval: P.R. Approval: Design stages May 1990 Report writing stage Ze The proposed realignment and channelization of Temecula Creek from Butterfield Stage Road Bridge to a point approximately 1,350 feet westerly of Margarita Road. Status of plans: Still in plan checking, waiting for Federal Agency Permits. /dI~/RVAD/Proj ect. $um/g: