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HomeMy WebLinkAboutCity Council Resolution 401 WJML:KIJ :mf 1/25/68 iOC RESOLUTION NO. 401 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH RELATION TO OFF-STREET PARKING FACILITIES WITH THE WEST VALLEY JOINT JUNIOR COLLEGE DISTRICT WEST VALLEY JOINT JUNIOR COLLEGE DISTRICT SARATOGA CAMPUS ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Saratoga, California, that the form of agreement with relation to off-street parking facilities by and between the City of Saratoga and West Valley Joint Junior College District in form this day presented to this Council~ be, and it is hereby, approved, and that the Mayor~ be, and he is hereby~ authorized and directed to execute said agreement in duplicate, on behalf of the City and the Clerk is hereby directed to attest his signature and to affix the official seal of the City thereto° , , , , , , I hereby certify that the foregoing is a full, true and correct copy of Resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 7~h day of February ~ 1968, by the follow- ing vote of the members thereof= AYES, and in favor thereof~ Councilmen: Glennon, Tyler, ttartman, Robbins NOES, Councilmen: None ABSENT, Councilmen: Burry ga WJML:KIJ~mf 1/23/68 15C AGREEMENT WITH RELATION TO OFF-STREET PARKING FACILITIES SARATOGA CAMPUS ASSESSMENT DISTRICT THIS AGREEMENT, made and entered into this 1st day of ~ebruarv , 1968, by and between the CITY OF SARATOGA, hereinafter called "City" and the WEST VALLEY JOINT JUNIOR COLLEGE DISTRICT, hereinafter called "District", WITNESSETH: WHEREAS, City has instituted proceedings pursuant to the pro- visions of the Municipal Improvement Act of 1913 for the acquisition and construction of improvements and the acquisition of lands and easements therefor, in and for the properties within the boundaries of the assessment district described in Resolution of Intention Noo 396, adopted January 3, 1968, hereinafter called "the Assessment District"; WHEREAS, said acquisitions and improvements include the improvement of a parcel of property described in Exhibit A hereto attached and incorporated herein by reference, herein called "the Subject Property", as an off-street automobile parking lot; WHEREAS, said off-street automobile parking lot is to be improved for the use and benefit of the property of District included within the boundaries of the Assessment District, and all of the cost of the improvement of said parking lot, together with expenses incidental thereto, is proposed to be assessed against said property of District, as are all of the amounts which would otherwise have been assessed against that portion of the Subject Property outside of street areas on account of benefits accruing to said property from the other acquisitions and improvements to be accomplished in said project° WHEREAS, the public interest, convenience and necessity require that said off-street parking lot to be constructed on the Subject Property be under the ownership~ management and control of District rather than City, since most of the automobiles which are expected to be parked thereon will be owned or operated by persons who have some interest in the proposed Saratoga Junior College which will be constructed on the property of District to be assessed for the cost of construction of said parking facilities; WHEREAS, District and City~ as local agencies within the mean- ing of Section 54030 of the Government Code~ may acquire property for off-street parking purposes and, pursuant to Section 54036 of said Code, may utilize Acts providing methods of improving or acquir- ing property for street, highway, library, school, playground or other purposes to acquire and improve real property for off-street parking purposes; WHEREAS, Section lOl09 of the Streets and Highways Code~ being part of the Municipal Improvement Act of 1913~ under which said assessment proceedings are being conducted, and being an Act providing for improvement and acquisition of real property for street purposes within the meaning of Government Code Section 54036, provides, in essence, that whenever the improvement or acqui- sition includes the acquiring or installation of improvements which are or may be under the ownership~ management or control of any public agency other than the City conducting the proceedings~ said improvements may be acquired and installed as .provided in Sections 10109 to 10111~ inclusive, of said Code, and this Agreement is pre- pared pursuant to and is intended to be an exercise of the powers and authorities therein granted~ NOW, THEREFORE, IT IS AGREED, as follows~ lo Plans and specifications for the said proposed parking los improvements have been prepared by Mark Thomas & Co.~ Inc~ Engineer of Work for said City, and are on file in the office of the City Clerk. Said plans and specifications are hereby approved an~ adopted by District and City, and the Engineer of Work is directed to incor- porate said plans and specifications as part of the Engineer~s Report prepared and filed pursuant to said Resolution of Intention, and said plans and specifications shall thereupon be deemed incorporated Shereino 2o City agrees, on behalf of the Assessment District that there will be provided in the estimate of cost in said proceedings, sufficient money to provide for the construction of said off-street parking improvements and the payment of all other costs and charges incidental thereto, on the basis of ~he estimate of cost made by the Engineer of Work as part of said Engineer's Report° 3o City further agrees, on behalf of the Assessmemt District~ to cause said proposed street improvements and said proposed off- street parking improvements to be constructed and completed in accordance with the plans and specifications therefor as approved herein by City and District° 4. The construction of said street and off-street parking improvements shall be accomplished by the contractor to whom the construction contract is awarded by City in the manner provided by law and under the supervision of the Engineer of Work~ 5o Title to the off-street parking improvements to be con- structed pursuant to said construction contract shall be vested in District upon completion and acceptance thereof by District, and shall at all times thereafter be used, operated, maintained and managed by District as an off-street parking facility in connection with the Saratoga Csmpuso 6o This Agreement shall become effective after proceedings have been taken pursuant to the provisions of the Municipal Improve- ment Act of 191B and funds are available to carry out the terms thereof° It is agreed that the signatures of both parties to this Agreement are based and predicated upon consummation of special assessment district proceedings providing for a sufficient assess- ment to pay the money herein agreed to be paid and also to pay all costs and expenses of said proceedings and any lands or rights of way or other property required. It is agreed that City is signing this Agreement solely as agent and trustee for the property owners within the area of the Assessment District; that it is assuming no direct liability for psyment of said money or the expense of the acquisition and construction of said improvements~and that' its only liability is that of conducting the special assessment proceed- ings referred to and disbursing the proceeds of assessments and sale of assessment bonds in the form and manner provided by lawo It is also understood by both parties that the City cannot pledge itself in advance that said special assessment proceedings will give the City jurisdiction to confirm the assessment, and that all terms and provisions of this Agreement are subject to said special assess- ment proceedings being consummated. City is to pay sums to be paid pursuant to this Agreement only out of moneys in said special assessment district proceedings and out of no other funds. IiN WITNESS WHEREOF~ City and District have hereunto subscribed their names by their officers thereunto duly authorized, the day and year in this Agreement first above written. C l i OGA By ATTEST. .., .......~ WEST VALLEY JOINT JUNIOR COLLEGE DISTRICT ATTE~ ~S 4