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.
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