1965/05/17 City Council Resolution 229WiML:PDA:rd 5/10/65 8c
RESOLUTION NO®
RESOLVED, by the City Council of the City of Rohnert Park,
California, that the City make and enter into an agreement for
the acquisition of improvements with A-A Concrete Blocks, Inc.,
Rohnert Park industrial Development Company, and Lena Ligi,
a copy of which. is hereto attached and incorporated herein by
reference, and the Mayor of said City is hereby authorized to
execute said agreement, in duplicate, on behalf of the City,
and the City Clerk is hereby authorized to attest his signature
and -affix thereto the corporate seal of the City.
I hereby certify that the foregoing is a full, true and
correct copy of a resolution duly passed and adopted by the
City Council of the City of Rohnert Park, Sonoma County, Cali-
fornia, at a meeting thereof held on the 4L day of
1965, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen:
NOES, Councilmen:
ABSENT, Councilmen:
City Clerk
AG,REEMENT
FOR ACQ�UISITION OF IMPROVMENTS
FRONTAGE ROAD SEWER. ANM WfkTER PROJECT NO. 1965-2
THIS MGR EMENT., made and entered into this - day of
1965., by and between A--A CONCRETE BLOCKS), IN NC-s
ROHNERT" PARK I-IMUSTRIAL DML0R4E_1%--L CMMINY, and LENA LIGI,
hereinafter col lee Gively called "(Xrner", and the CITY OF ROH14ERT
FARK., a mwn-1-cipal corpor ate. o-zi., Sonoima Cou'ntY., California;g herein-
after called "City it 2
W ITNES SETH:
the City of Ro1uiart Park
,RT,�AS tj- ty
has determined that the public interest and convenience require
I
and that it is the intend. Of the Co'uncil to acquire certain
ir t4cularly described as f0_2.'1OwS*-
,,,prove-!un_ents more par�jj..
(a) Sanitary sewer mains, standard manholes with
standard manhole frames and covers;, wye branches,, cleanouts.,
house services where necessary., the modification of an existing
sewer manhole to a drop -manhole, water mains� Valves., tees.,
crosses, services and 'Lire hydrant-s where necessary,2 together
with the connectioln. Of said facilities to existing sewer and
water facilities of the City of Rohnert Park in Frontage Road
eo-F with the Hurt -heel boundary, line
from the intersect-i-on ther 1 0 fss
of the City of R6.trnert Park at a point 300 1 eet, nmore or le ,
southerly of Wilfred Avenue rtinaning the southerly 1050 feet,
glore or less.
(b) All lands and easements, and all work auxiliary
to any of the above necessary to coriplete the same.
WHEREAS,9 it is desired that the parties establish the
terms, prices and conditions upon which said worK will be
acquired by City. ,
NOI,J�, TH&-REFOIRE,, IT IS AGREED,,, as follows.
J_ The acquisition price Of said ilp-provements shall be
the total actual- cost of Constructing said imprOvelftents together
with administrative costs necessarily appurtenant thereto., as
set forth in the Engineer's Statement of Cost of Construction of
Improvements and Incidental Expenseso made and filed by the
Engineer of Work and heretofore approved by the City Council,
as confirmed by a cost certificate to be made and filed by said
Engineer of Work.
2. Said certificate of the Engineer of Work shall set
forth the quantity of each item of work performed,, the unit cost
of performing said work and the resulting amount due and to be
Daid therefor. The amount shown on said certificate is due and
payable and shall be paid to Nner, or its assigns, from the
Construction and for said project when approved by the City
Engineer and the City Council.
3. In the event notice of completion of the contract or
contracts for said work has not been filed in the office of the
Cotznty Recorder of Sonoma County at the time of approval of said
certificate by the City Engineer and City Council., ten per cent
(10%) of the amount shown on said certificate shall be withheld.
If said, notice of completion. is filed within ten (10) days after
the completion of the work and the acceptance by the City Council
of the improvements to be owned and operated by the City,, said
ten per cent (10%) shall be withheld until 'thirty-five (35) days
after such notice is filed. If such notice is not filed within
said ten-day period, said ten per cent (10%) shall be withheld
until ninety-five (95) days after such completion and acceptance.
The amount so withheld shall be paid to Owner,, or its assigns,,
-day period or 95-day period, as
after the expiration of said 35
the case may be,, provided no liens or stop notices against the
work have been filed., as provided by law.
K
4. The cost of civil engineering and soils engineering
in connection with the work being acquired shall be paid for on
a certificate issued by the Engineer of Work and approved by the
City Engineer,, or upon statements issued to City therefor by
Owner; statements for City inspection shall be paid for upon,
certificates or statements therefor issued by the City Engineer;
the Treasurer's cost of bond service shall be transferred to the
City general ft by resolution of the City Council; legal
services shall be paid for upon statements therefor issued by
legal counsel for the project; and stat ement'-I-s for printing and
advertising shall be paid for upon demands issued therefor by
the City Clerk. All payments are subject to approval of the
City Council.
5. All of said costs and expenses shall be paid solely
from the proceeds of assessments and sale of assessment bonds
in special assessment azid assessment bond proceedings to be
undertaken and not otherwise.
6. Upon payment by City of the actual cost of said
improvement-s as a-bove provided, Owner shall execute and deliver
to City appropriate instrwaents of conveyance, and City shall
be deemed to have acquired said improvements upon its acceptance
of said documents of can-,.Teyance.
3
IN WITNESS W F pa:°ties hereto halve herew'Ito set
4. a
their 'hands and signatures "the day nnd year first a. o ritte.n.
A-A CON EE BLOCKS., 111C.
BY
By
ROHM ERT PRxRF, IMUSTRIAL DEVELOP14EWT
c 011FIFTI-Ty
By _
By
"o r "
CITy OF R(TFINEWE I)Ar-Z., a municipal
corporatio-n
By
Mayor
Attest,.
,-ity "'I*lexk
as City H
m