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: