Loading...
HomeMy WebLinkAboutRES NO 85-88RESOLUTION NO. 85-2.8__ RESOLUTION OF THE COUNCIL, OF THE CITY OF BAKERSFIELD APPROVING AMENDMENT TO AGREEME~T NO. 87-199, FOR THE ACQUISITION OF CERTAIN PUBLIC IMPROVEMENTS - CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-2 RESOLVED, by the City Council of the City of Bakers- field, County of Kern, California, that: WHEREAS, ]Exhibit "C" to that certain Agreement No. 87-199 dated August 26, 1987 and cited in the title above has a schedule of projects regarding the overall scope of work in Assessment District No. 86-2 of the City of Bakersfield; and WHEREAS, the implementation of that schedule has re- sulted in a revision in the description of the improvements as finally installed and/or under construction; and WHEREAS, to correctly describe the work as provided in said Exhibit "C" is necessary and desirable in finalizing and accepting the work under said Agreement No. 87-199. NOW, THEREFORE, said Exhibit "C" to said Agreement No. 87-199 is hereby amended to read as set forth in the "First Amend- ment to Exhibit "C" attached hereto and hereby incorporated into said Agreement No. 87-199. The Mayor is authorized to execute and the Finance Directoc is authorized to countersign said First Amendment to said Agreement and said First Amendment shall be effective upon said signing and the signing of the approval of the Amended Exhibit "C" by the TRUSTEE under said Agreement. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on May 25, 1988 , by the following roll call vote: Clerk of the Council of the City of Bakersfield APPROVED May 25, 1988 MAYOR of the City of BaRersfield APPROVED as to form: ' or~cn C' t/y/~If Bakersfield 2 FIRST AMENDMENT TO EXHIBIT C AGREEMENT NO. 87-199 FOR THE ACQUISITION OF CERTAIN PUBLIC IMPROVEMENTS-CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-2 (RANCHO LABORDE) Exhibit C is amended in it~ entirety tO read as shown below. This amendment adds storm water and sanitary sewer manhole final grading work to the scope of Project 4, Street Improvements; adds Parkway Landscaping to Project 6; adds new Project 7, Sidewalks and new Project 8 Parkway Walls; renumbers original Project 7 to Project 9 and deletes Cable Television as an eligible acquisition; renumbers original items 8 and 9 to 10 and 11, respectively, and increases the total authorized acquisition cost to $5,317,OO0. "Amended Schedule of Projects comprising the Improvements The Projects listed below are eligible for acquisition by the City of Bakersfield pursuant to proceedings for Assessment District 86-2, where said Projects benefit the Stage 1-A Area of the Rancho Laborde tomunity. Sanitary Sewer Pipeline Project to include pipelines complete with fittings, manholes and appurtenances thereto, where said manholes are constructed to the bottom of the street section and exclude the manhole cone section. grade rings, frames and covers. Said Project is located in Fruitvale Avenue from 1320 feet southerly from the Hag.man Road intersection to 1320 feet northerly therefrom, in Hag.man Road from Fruitvale westerly to Coffee Road and in Coffee Road from Hag.man Road northerly 1320 feet. Storm Water Drainage Project to include a storm water retention/disposal basin and storm water drainage pipeline complete with all fittings, manholes and appurtenances thereto, where said manholes are constructed to the bottom of the roadway section and exclude the manhole cone section, grade rings, frame and cover and allso excluding storm drainage catch basins located in the street section. Said Project is located in Fruitvale Avenue from 1320 feet southerly from the intersection with Hag.man Road, to 1320 feet northerly therefrom, in Hag.man Road from Fruitvale Avenue to Coffee Road and in Coffee Road from Hateman Road northerly 1320 feet. Water Supply Facilities Project to include water system pipelines complete with fittings, valves, fire hydrants and appurtenances thereto and also including City Fire Hydrant Fees for those pipelines located in Fruitvale Avenue from 1320 feet. southerly from the Hag.man Road intersection to 1320 feet northerly therefrom, in Hag.man Road from Fruitvale Avenue westerly to Coffee Road and in Coffee Road from Hag.man Road northerly 1320 feet. The Street ImprovemenU Projects listed below, where each project includes all street section grading, excavation, subgrade preparation, concrete curbs and gutters. median curbs. storm water drainage catch basins, storm water and sanitary sewer manhole cone sections, grade rings, frames and covers, asphalt concrete paving, street signs and striping as required to complete the following described s~sreet projects: 1 A. Fruitvale Avenue Street Project from 1320 feet southerly from the intersection with Hatemen Road to 1320 feet northerly therefrom. B. Bateman Road East Street Project from the intersection with Fruitvale Avenue, westerly to the intersection with Patton Way. C. Hateman Road West Street Project from the Hateman Road and Patton Way intersection, westerly to the ~ageman Road and Coffee Road intersection. D. Coffee Road Street Project from the Hateman Road intersection northerly 1320 feet. 5. Street Lighting Project to include all street lights, conduits, wires, controls, fittings and appurtenances thereto, along the west side of Fruitvale Avenue from 1320 feet southerly from the intersection with Hateman Road to 1320 feet northerly therefrom, in Hateman Road from Fruitvale Avenue westerly to the intersection with Coffee Road, along the east side of Coffee Road from the intersection with Hateman Road northerly 1320 feet. 6. Landscaping Project to include Rancho Laborde entry feature improvements complete with landscaping at the intersection of ~8geman Road and Fruitvale Avenue and also complete median landscaping improvements to the Hateman Road. Also including Parkway Landscaping Projects along the north and south right-of-way of Hateman Road between Frultvale Avenue end Coffee Road, along the west right-of-way of Frultvale Avenue within the limits of Rancho Laborde and along the east right-of-way of Coffee Road from Hateman Road northerly 1320 feet. 7. Sidewalk Projects to include the acquisition of concrete sidewalks installed along the north and south sides of Hateman Road from Fruitvale Avenue to Coffee Road, along. the east side of Coffee Road from Hateman Road northerly 1320 feet, and along the west side of Fruitvale Avenue within the limits of Rancho Laborde. 8. Parkway Walls Projects to include the acquisition of parkway walls installed along Hateman Road between Fruitvale Avenue and Coffee Road, along the east side of Coffee Road from Hateman Road northerly 1320 feet. 9. Public Utility Projects to include the total construction and incldental cost of the Public Utility Facilities listed below: A. Pacific Gas and Electric Company Electric Service Project for extending electric service to the Rancho Laborde Stage 1-A Benefit Area and also including the relocetion of existing overhead transmission line towers, as required to clear the planned street improvemast section within said Stage 1-A Area. B. Southern California Gas Company Natural Gas Supply and Distribution System Piping Project for extending natural gas service to the Rancho Laborde Stage 1-A Benefit Area. 2 Pacific Telephone Company Telephone Communications Facilities Project to extend telephone service to the Rancho Laborde Stage 1-A Benefit Ar~a. 10. Also including improvement incidental expenses related to the above projects for engineering, construction inspection, construction surveying, inspection fees, service fees and such other items of cost as determined by the City to be eligible incidental or improvement items and included as expenses of the proceeding. 11. The combined total cost paid by Assessment District No. 86-2 to acquire the foregoing projects together with eligible items of incidental expense, shall not exceed a maximum totsl Improvement Acquisition Cost of $5,317,000.00." The above written First Amendment to Exhibit "C" is hereby approved and accepted and all other provisions of said Agreement No. 87-199 of the City of Bakersfield shall remain in full force and effect except as otherwise provided in said First Amendment to Exhibit "C". APPRO~ORM · COUNTERS IGNED I~/ Finance Director CITY OF BAKERSFIELD MAYOR TRUSTEE Bressler C EEME T NO. e7 - 8 FOR THE ACQUISITION OF CSRTAIN PUBLIC IMPROVEMENTS - CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-2 (RANCHO LABORDE)l estate of 184-00643 trict of THIS AGREEMENT, made and entered into this 26th day AUGUST , 1987, by and between the CITY OF BAKERS- a municipal corporation, hereinafter called "CITY", and Eo Co certain real property within the City of Kern, State of California, referred to Community" (herein "COMMUNITY"); and of FIELD, CLIFFORD E. BRESSLER, TRUSTEE FOR THE ESTATE OF JEAN LABORDE and MADONNA P. LABORDE, herein called "TRUSTEE". RECITALS: WHEREAS, TRUSTEE is the Trustee in bankruptcy for the Jean E. C. Laborde and Madonna P. Laborde, Case No. in the United States Bankruptcy Court - Eastern Dis- California, said estate including but not limited to Bakersfield, County of as the "Rancho Laborde WHEREAS, TRUSTEE proposes .in the near future to develop the property under a specific plan, including amendment thereto heretofore approved by CITY, (herein "Specific Plan") and to sub- divide and to sell lots in the COMMUNITY and to this end desires to complete the necessary public improvements as quickly as reasonably practicable; and WHEREAS, Sections 10010 and 10100.7 of the Streets and Highways Code of the State of California contemplate the acquisi- tion by but not and the a public agency of certain public improvements, including limited to street and utility improvements, inter alia; WHEREAS, the installation of public furnishing of service through and by means improvements, and thereof are neces- sary and valuable adjuncts to the sale of the lots ITY and will materially increase the value of said WHEREAS, plannin9 studies, tain requirements in the COMMUN- lots; and CITY and TRUSTEE have reviewed the applicable statutes, codes, and ordinances and find cer- for public improvements to meet development requirements there,under and TRUSTEE intends to construct such public improvements under the approved Specific Plan, which are collectively hereinafter referred to as "Improvements". Construc- tion plans for the Improvements are on file with the Public Works Manager of the CITY and by reference are incorporated herein as Exhibit "A" and are generally referred to as the "Stage 1-A Rancho Laborde Public Improvements" and TRUSTEE has agreed to construct the Improvements as part of the proceedings for the COMMUNITY; and WHEREAS, said Improvements benefit the COMMUNITY as generally shown in the attached Exhibit "B", incorporated herein ,by reference; and WHEREAS, CITY has previously conducted proceedings put- suant to the Municipal Improvement Act of 1913, with bonds to represent the unpaid assessments to be issued under the Improve- ment Bond Act of 1915, to pay the cost of acquisition of the Im- provements as provided hereinafter; and WHEREAS, CITY and TRUSTEE desire and need terms and conditions of such acquisition proceedings AGREEMENT: THEREFORE, in consideration of the mutual covenants hereinafter contained ahd made, all the terms and conditions hereof, the PARTIES AS FOLLOWS: 1. ties hereto, to have the described. respective and and subject to DO HEREBY AGREE Construction of Improvements: Subject to the par- or either of them, having acquired all necessary easements, licenses, and rights-of-way therefor, TRUSTEE shall have the Improvements constructed to meet the terms of the Speci- fic Plan as approved by the CITY in accordance with the plans incorporated herein as Exhibit "A". A Negative Declaration approved and adopted for such project on 198 7 interest AUGUST 26 was 2. Conveyance of Improvements: Full right, title and in and to the Improvements, or any completed Project(s) as Project(s) are defined and shown in Exhibit "C" attached here- to and by reference incorporated herein, will be granted to the CITY as a part of 'the proceedings for said COMMUNITY, subject to acceptance by the CITY, which acceptance is contingent upon, inter alia, releases from subcontractors and materialmen, and except as herein otherwise provided, there shall be no obligation of CITY to pay or reimburse TRUSTEE all or any part of the cost of Improvements, or any Project(s) thereunder. In lieu of conveyance to CITY of any Project(s) for facilities to be owned and operated by a regulated public util- ity, CITY will review such completion and approve conveyance to said re9ulated public utility pursuant to written agreement be- tween CITY and the regulated publlc utility which shall provide for payment of refunds, if any, pursuant to Sections 10110.1 of the Streets and Highways Code of the Stat~ of California. 3. Acquisition Proceedings: The CITY has completed proceedings pursuant to the Municipal Improvement Bond Act 1913, and the Improvement Bond Act of 1915 for the financing the cost of acquisition the Project(s) therein. cost of acquisition are construction of said Improvements, and any or all of the Pro- ject(s) therein, (not to exceed the contract price for the Im- provements on file with the Public Works Manager of CITY and in- cluding change orders determined in writing to be necessary or appropriate by said Public Works Manager in his reasonable judg- ment) incurred for the materials, labor, engineering, construc- tion inspection, construction surveying, inspection fees, and service fees. CITY may, in its sole discretion, determine cer- tain other items of cost as incidentals or improvements as pro- vided in the Municipal Improvement such expenses in the proceedings. Project(s) cost(s) of acquisition of of of the Improvements, and any or all of The eligible items to be included in the the Improvements at the actual cost of Bond Act of 1913 and include The combined total of all the shall not exceed the maximum cost of acquisition of the Improvements shown on Exhibit "C". direct liability to acquire said therein, by payment of the acqui- event of successful issuance and The CITY assumes no Improvements, or any Project(s) sition cost except that in the sale of bonds in accordance with law for City of Bakersfield Assessment District No. 86-2 and acceptance by the CITY of the Improvements or any Project(s), as applicable, the CITY will make payment to TRUSTEE as herein provided only out of the proceeds of the sale of said bonds and out of no other funds. The CITY has jurisdiction and authorization to issue and sell bonds, the pro- ceeds of which may be used to acquire the Improvements. 4. Appraisal: Prior to the sale of assessment bonds for acquisition of the Improvements, or any Project(s) therein, TRUSTEE shall submit a written appraisal or appraisals, satisfac- tory to the CITY, and the CITY shall find and determine that the total estimated amount of the proposed lien of assessment repre- senting security on issued bonds shall meet the lien to value policy of CITY based on the estimated fair market value of the land assessed after the proposed publio improvements shall have been constructed. 5. Trustee in Bankruptcy: A. TRUSTEE is proceeding under authorization established pursuant to that certain matter pending in the United States Bankruptcy Court for the Eastern District of California (the "Bankruptcy Court"), under Chapter 11 of Title 11 of the United States Code, as Case No. 184-00643 (the "Chapter 11 Case"), entitled "In the Matter of Jean E. C. Laborde and Madonna p. Laborde, dba Laborde Farms, dba Laborde Community Development Co.," On March 19, 1985, the Bankruptcy Court ordered the appointment of Clifford E. Bressler as TRUSTEE for the Chapter 11 bankruptcy estate. B. CITY and TRUSTEE acknowledge that the acquisition proceedings contemplated by this Agreement shall not be consum- mated without the prior order of the Bankruptcy Court, which TRUSTEE shall obtain prior to the sale of bonds by CITY. Such approval shall in no way be construed as limiting or modifying any requirements of CITY or of law in connection with the Speci- fic Plan, any development entitlements applicable to the COMMUN- ITY, or any other agreements or contracts between CITY and TRUSTEE. 6. Successors in Interest: This Agreement shall be binding upon and insure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. 7. Assignment: None of the obligations or benefits pursuant to this Agreement shall be assignable by TRUSTEE without the prior written consent of the CITY. 8. Notices: Any notices required to be given pursuant to this Agreement shall be given in writing and shall be mailed to the parties hereto at the addresses of each of follows~ 9. Hold CITY OF BAKERSFIELD Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 CLIFFORD E. BRESSLER, TRUSTEE P.O. Box 81495 Bakersfield, CA 93380 agree that if any claim, brought seeking to hold the parties as Harmless: TRUSTEE does hereby covenant and action or proceeding shall hereafter be the CITY liable on account of any debts, 6 liability, A~reement, Agreement act or omission of TRUSTEE in connection with this or challenging the CITY'S authority to enter into this or to undertake any act required he.reunder, TRUSTEE will, at TRUSTEE'S sole expense, defend the CITY against any such claim or demand (whether or not well founded) and that TRUSTEE will hold CITY free and harmless therefrom. TRUSTEE will provide to CITY evidence of appropriate workmen's compensation insurance in performing, either by itself or through contractors, the work required under this Agreement prior to commencement of such work. 10. Entire Agreement: This Agreement contains the en- tire Agreement of the parties herein provided. IN WITNESS WHEREOF, Agreement to be executed, APPROVED AS TO FORM: RICHARD J. OBERHOLZER City Attorney COUNTERSIGNED. hereto with respect to the matters the parties hereto have caused this the day and year first-above written. CITY OF BAKERSFIELD ayor "TRUSTEE" 7 Exhibit "A" Exhibit "B" F. xh i bit "C" EXHIBITS Plans and Specifications on and incorporated by reference. Map of benefit assessment area. [,~.t of Pcoject(s) constituting improvements with maximum total cost of acquisition. file with City 8 iL_ J.L.--.,J Schedule of Projects comprising the Improvements AGREEMENT FOR THE ACQUISITION OF CERTAIN PUBLIC IMPROVEMENTS - CITY OF BAI(ERSFIELD ASSESSMENT DISTRICT NO. 86-2 (RANCHO LABORDE) The Projects listed below are eligible for acquisition by the City of Bakersfield pursuant to proceedings for Assessment District No. 86-2, where said Projects benefit the Stage 1-A Area of the Rancho Laborde Community. 1. Sanitary Sewer Pip.line Project to include pipelines complete with fittings, manholes and appurtenances thereto, where said manholes are constructed to the bottom of the street section and exclude the manhole cone section, grade rings, frames and covers. Said Project is located in Fruitvale Avenue from 1320 feet southerly from the ~ageman Road Intersection to 1320 feet northerly therefrom, in Rageman Road from Fruitvale westerly to Coffee Road and in Coffee Road from Rageman Road northerly 1320 feet. 2. Storm Water Drainage Project to include a storm water retention/disposal basin and storm water drainage pipeline complete with all fittings, manholes and appurtenances thereto, where said manholes are constructed to the bottom of the roadway section and exclude the manhole cone section, grade rings, frame and cover and also excluding storm drainage catch basins located in the street section. Said Project is located in Fruitvale Avenue from 1320 feet southerly from the intersection with Hag.man Road, to 1320 feet northerly therefrom, in Hag.man Road from Fruitvale Avenue to Coffee Road and in Coffee Road from Hag.man Road northerly 1320 feet. Water Supply Facilities Project to include water system pipelines complete with fittings, valves, fire hydrants and appurtenances thereto and also including City Fire Hydrant Fees for those pipelines located in Fruitvale Avenue from 1320 feet southerly from the Hag.man Road intersection to 1320 feet northerly therefrom, in HaReman Road from Fruitvale Avenue vest.fly to Coffee Road and in Coffee Road from Hag,man Road northerly 1320 feet. The Street Improvement Projects listed below, where each project includes all street section grading, excavation, subgrade preparation, concrete curbs and gutters, median curbs, storm water drainage catch basins, asphalt concrete paving, street signs and striping as required to complete the following described street projects: A. Fruitvale Avenue Street Project from 1320 feet southerly from the intersection with Hag,man Road to 1320 feet northerly therefrom. B. Hageman Road East Street Project from the intersection with Fruitvale Avenue, westerly to the intersection with Patton Way. C. HaReman Road West Street Project from the HaReman Road and Patton Way intersection, westerly to the HaReman Road and Coffee Road intersection. D. Coffee Road Street Project from the Hag.man Road intersection northerly 1320 feet. e Street Lighting Project to include all street lights, conduits~ rites, controls, fittings and appurtenances :here:o~ along :he vest side o~ Fruitvale Avenue from 1320 tee: southerly [rom :he intersect:on ~ith Hageman Road :o 1320 fee: northerly t[~etefrom, in Hageman Road from ¥ru~tvaLe Avenue westerly to the intersection w£:h Co[tee Road, along :he sea: side o~ Coffee Road :tom the intersect:on ~ith Hag.man Road northerly 1320 feet. ~andscaping Project to include Rancho Laborde entry feature improvements complete ~tth landscaping at the intersect:on of'~ageman Road and Fruitvale Avenue and also complete median landscaping improvements :o the Hageman Road median [rom :~e intersection o~ Hageman Road ~t:h ~ruitvale Avenue westerly to :he intersection of ~ageman Road with Co,tee Road. Public Utility ~ro~ects to include the total construct[on and incidental cost the ?ubltc Utility Facilities listed below: Pacific Gas and ELectric Company Electric Service Project for extending electric service :o the Rancho Laborde Stage 1-A Area and also including :~e teloca:ion of existing overhead transmission line tovers~ as required to clear the planned street improvement sections ~lthin said Stage Benefit Area. Southern California Gas Company Natural Gas Supply and Distribution System Piping Project for extending natural gas service :o the Rancho ~aborde Stage ~-A Benefit Area. C. Pacific Telephone Company Telephone Communications Facilities Project to extend telephone service to the Rancho Laborde Stage ~-A Benefit Area· D. Cable Television ~acilittes Project to extend cable television transmission facilities into the Rancho Laborde Stage I-A Benefit Area. Also including improvement incidental expenses related to the above projects for engineering, construction inspection, cons:ruction surveying, inspection fees~ service fees and such other items of cost as determined by the City to be eligible incidental or improvement items and included as expenses o~ the proceeding. The combined total cost paid by the City to acquire the foregoing projects together ~lth eligible items of incidental expense, shall not exceed a maximum total Improvement acquisition cost of $3,217~700.00. -2-