HomeMy WebLinkAbout108-89 RESOLUTION NO. 108-89
APPROVING AGREEMENT WITH CENTRAL CONTRA COSTA COUNTY
SANITARY DISTRICT REGARDING COSTS OF
INSTALLING SANITARY SEWERS IN THE
TASSAJARA RANCH ASSESSMENT DISTRICT
WHEREAS, on March 31, 1988, by Resolution No. 29-88, the Town
Council of the Town of Danville created the Tassajara Ranch
Assessment District No. 88-1; and
WHEREAS, the purpose of such District is to provide, among other
things, for the installation of certain roadway improvements,
including a thirty-inch diameter sanitary sewer and appurtenances
in Camino Tassajara within such District's boundaries; and
WHEREAS, the Central Contra Costa County Sanitary District will
own, manage, and operate such sewer facilities upon their
completion; and
WHEREAS, the estimated cost of installing such sewer facilities is
included in the project costs assessed on the parcels of real
property included within the Assessment District; and
WHEREAS, the Central Contra Costa County Sanitary District desires
to make a contribution toward the cost of installing such sewer
facilities; and
WHEREAS, Section 10205 of the Municipal Improvement Act allows the
Town of Danville to accept such contribution; and
WHEREAS, the Town and the Sanitary District have prepared an
Agreement setting forth the terms and conditions by which such
contribution shall be made; now, therefore,
BE IT RESOLVED, the by Town Council of the Town of Danville that
the Mayor be, and hereby is, authorized to execute on behalf of the
Town the Agreement with the Central Contra Costa County Sanitary
District regarding that District's contribution to Tassajara Ranch
Assessment District No. 1988-1 in the form as lodged with the City
Clerk, together with such changes as may hereafter become
necessary, provided such changes do not materially increase the
obligations of the Town thereunder.
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PASSED, APPROVED AND ADOPTED this 7th day of Augus~ , lqRq,
by the following vote:
AYES; GREENBERG, RITCHEY, SCHLENDORF
NOES: NONE
ABSTAIN: NONE
MAYOR
ATTEST: APPROVED AS TO FORM:
LEVi
C /xCITY ATTORNEY
A
AGREEMENT BY AND BETWEEN
TOWN OF DANVILLE AND
CENTRAL CONTRA COSTA SANITARY DISTRICT RELATED
TO SANITARY SEWER IMPROVEMENTS
Assessment District 1988-1
1. PARTIES. Effective on ~ ~7 , 1989, the TOWN OF
DANVILLE, a municipal corporation of tl~ State of California, hereinafter
referred to as "Town," and the CENTRAL CONTRA COSTA SANITARY DISTRICT, a
political subdivision within the County of Contra Costa, hereinafter
referred to as the "District," pursuant to the provisions of Section
10109 through 10111 of the Streets and Highways Code of the State of
California (The Municipal Improvement Act of 1913), the parties hereto
agree as follows:
2. DEFINITIONS IN THIS AGREEMENT.
a. "Amended Enqineer's Report" is the Amended Engineer's
Report for Tassajara Ranch Assessment District No. 88-1,
dated May 2, 1988;
b. "Assessment District" means the Tassajara Ranch Assessment
District No. 88-1 created under the Town's Resolution of
Intention No. 29-88, adopted March 31, 1988;
c. "Road Improvements" means all of the public improvements,
exclusive of Sewers in Camino Tassajara as defined below,
described in the contract documents prepared for the
Assessment Di strict.
d. "Sewers in Camino Tassajara" means the 30-inch diameter
sewer, manholes, and other appurtenances to the 30-inch
sewer described in the contract documents prepared for the
Assessment District.
e. "Tassajara Ranch Developers" means the owners of property
in the Assessment District at the time of this Agreement.
3. PURPOSE. The Assessment District properties are a contiguous
group of ten parcels totaling approximately 257 acres and located in the
vicinity of Crow Canyon Road and Camino Tassajara Road in the Town of
Danville. The Assessment District properties are shown by a map attached
as Exhibit A and by a list of assessor's parcel numbers and assessment
numbers attached as Exhibit B.
The conditions of approval for the development of the property
within the Assessment District requi re that the Tassajara Ranch
Developers install the Road Improvements including, but not limited to
Sewers in Camino Tassajara.
Town has initiated the Assessment District for the acquisition
and construction of the Road Improvements. The scope of work and
estimated costs are set forth in the Amended Engineer's Report. The
installation of sanitary sewers are, including the Sewers in Camino
Tassajara, included in the construction of the Road Improvements and are
shown on Exhibit C. Said sanitary sewer facilities are, upon completion,
to be under the ownership, management, and control of the District. Town
will construct said sewer facilities through projects pursuant to
assessment district proceedings under the Municipal Improvement Act of
1913, in accordance with plans approved by District.
The Assessment District properties have been assessed pursuant
to the 1913 Improvement Act for the estimated cost of all Road
Improvements in the Amended Engineer's Report. It is not the Townts
intent to amend this assessment in the event of cost increases or
overruns. The Tassajara Ranch Developers are responsible for any cost
overruns in accordance with an agreement between the Town and the
Tassajara Ranch Developers entitled "Tassajara Ranch Cost Overrun
Agreement."
4. ADMINISTRATION RESPONSIBILITY.
a. Town shall perform or cause to be performed all
preliminary engineering, design engineering, and survey for the Road
Improvements (including the Sewers in Camino Tassajara), advertise for
bids, award contracts to the lowest responsible bidder, and perform all
contract administration for the Road Improvements.
b. District shall perform review of plans and inspection for
all sanitary sewer facilities.
c. The contract documents for the Assessment District
projects shall provide separate bid items that will distinguish costs for
the sanitary sewer construction work.
5. FINANCIAL RESPONSIBILITY. District agrees to pay Town for the
actual costs of the Sewers in Camino Tassajara as follows:
Constructi on Cost $647,526.00
Design Engi neering 30,932.00
Construction Management 36,087.00
Total Project Cost $714,545.00
6. DISTRIBUTION OF FUNDS. The money which is paid by District to
Town shall be credited against the assessments in accordance with the
fol 1 ow i ng:
-2-
Assessment No. %
1 1.47
2 2.83
3 1.70
4 18.59
5 28.12
6 10.06
8 22.89
9 6.64
10 7.70
100.00
The credit against assessments shall occur immediately upon receipt.
a. The amount credited to assessments shall be equal to the
amount assessed for the Sewers in Camino Tassajara per the
Amended Engineer's Report.
b. Any amounts paid by District to Town in excess of the
amount credited to assessments shall be deposited in the
Improvement Fund and used for construction of the sewer
improvements herein described.
7. DEPOSIT OF FUNDS. District shall deposit $714,545 with the
Town after the Town Council approves this agreement.
8. INDEMNITY. The District shall defend, indemnify, save, and
hold harmless the Town and its officers and employees from any and all
claims, demands, suits, costs, expenses, and liability for any damages,
injury, sickness, or death, howsoever same may be caused, including
liability for inverse condemnation, nuisance, or trespass, arising
directly or indirectly from or in any way connected with the sanitary
sewer construction work (including the Sewers in Camino Tassajara),
including the design, construction, inspection, and maintenance thereof,
except for liability arising through the active negligence or willful
misconduct of the Town, its officers, employees, agents, or Town's
contractors, subcontractors or their agents and employees, and shall make
good to and reimburse Town for any expenditures, including reasonable
attorney's fees, Town may make by reason of such matters.
Town shall defend, indemnify, save, and hold harmless the District
and its officers and employees from any and all claims, demands, suits,
costs, expenses, and liability for any damages, injury, sickness, or
death, howsoever same may be caused, including liability for inverse
condemnation, nuisance or trespass, arising directly or indirectly from
or in any way connected with the Road Improvements, including the design,
construction, inspection, and maintenance thereof, except for liability
arising through the active negligence or willful misconduct of the
District, its officers, or employees, and shall make good to and
reimburse the District for any expenditures~ including reasonable
attorney's fees, the District may make by reason of such matters.
-3-
Nothing in this Agreement is intended to affect the legal liability
of either party to third parties by imposing any standard of care
different from the standard of care imposed by law.
9. INSURANCE. The District shall be named as an additional
insured on all insurance policies of contractors constructing any of the
Assessment District's sanitary sewer facilities, to the same extent the
Town is so named, and the District shall be named as an additional
obligee on all performance and payment bonds posted in conjunction
therew i th.
10. TOWN AS DISTRICT AGENT. In connection with the Sewers in
Camino Tassajara, Town is acting as agent of the District.
11. FINAL ACCEPTANCE OF CONTRACT CONSll~UCTION. Town shall
authorize the final acceptance of the contract work for the projects as
complete. District shall have the right to make such inspections of the
sanitary sewer construction work as would be ordinary and necessary prior
to the final acceptance by Town of the sanitary sewer contract work as
being complete. Town will not make final acceptance of the sanitary
sewer contract work unless the District so consents, provided that the
District shall not unreasonably withhold its consent.
12. MAINTENANCE RESPONSIBILITY. At the time that Town authorizes
final acceptance of the contract work for the projects as complete:
a. Town shall immediately accept complete maintenance
responsibility for the Road Improvements constructed as defined herein
except for the sanitary sewers; and,
b. The District shall immediately accept complete ownership,
maintenance and operation responsibility for the sanitary sewers
constructed as defined herein.
13. TERM OF AGREEMENT. Except for the provisions of Paragraphs 8
and 12, this Agreement shall expire upon acceptance of the construction
of the last project within the Assessment District as complete by Town
and the payment of all sums required herein, or five years from the
effective date herein, whichever comes first.
14. MODIFICATION OF AGREEMENT. This agreement may be modified at
any time by mutual consent of both parties. Any such modification shall
be in writing and executed by both parties.
15. ACCOUNTABILITY. Both parties to this Agreement shall provide
strict accountability of all funds received for the construction projects
and shall report all receipts and disbursements relating to the projects.
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TOWN OF DANVILLE, a municipal CENTRAL CONTRA COSTA SANITARY DISTRICT,
corporation of the State of a public corporation of the State of
Cal iforni a Cal iforni a.
,,"/ ) ,"]S//']
Mayo ~ger J~/D6~ an"t--
Genera!f Mange/r-Chief Engineer
ATTEST': ATTEST:
NANCY ORTENBLAD, JQ¥CE ~CMILLAN, Secretary
CITY CLERK to'Board of Directors
APPROVE AS TO FORM: FORM APPROVED:
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James L. Hazard, DiStrict Coun el
STATE OF CALIFORNIA
CONTRA COSTA COUNTY f ss. Acknowledgement by Public Agency
On 3CIL.'f Z4, IqSq before me, __..~!_..~.-:...-~l-.:--..-~--.-~--6---C~-----~---~'- ............ a Notary Public, in and for
.......................................... ,
~,dsoCnO~l~t~aondS:oatr~eP~orSpnal:YedPtP~edo~;~ ~'~-l-~t~ac~r~ e-~'d~'~))t~be M?Mlr~2i?wh'o
executed the vAthin instrument as the Gen. Managep-Chi ef Engr, and Secretary of Central Contra
Costa Sanitary District and acknowled§ed to me that said District executed it.
Notary Public(in~n~t fo~the
County of Contra Cosm, Sth4e/°f C°lj~7~i~
SHEET 1 OF 1 SHEET
PROPOSED BOUNDARIES ,,,£OTH,, ,.,o, ,.,,,
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ASSESSMENT DISTRICT NO. 88-1 ,.,,O, ASS,,~,'A"~C~,T''AC'"T'ESO'"
AT AA~E ~ IN 1~[ OFTItC 0~ lU£ COk,~ITY R[C~C
T)qE COb'WTY OF CC4qTIA COSTA, $TAT[ O~ CALIT~IlIA,
TOWN OF DANVILLE
COUNTY OF CONTRA COSTA ~. ,: o,s,~. ~*T, ,,~o,
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STATE OF CALIFORNIA
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EXHIBIT "B"
Assessorts Parcel Assessment No.
Number
206-010-009 1
206-010-010 2
206-010-011 3
206-010-013 4
206-010-012 (portion) 5
206-010-012 (portion) 6
206-010-012 ('portion) 8
206-010-012 (portion) 9
206-020-056 10
EXHIBIT C
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