Loading...
HomeMy WebLinkAboutCity Council Resolution 423 WJML:KJmh 3-25-68-15 RESOLUTION NO o {~ ~ A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH RELATION TO PERIMETER ROAD SYSTEM AND APPURTENANT PARKING FACILITIES WEST VALLEY JOINT JUNIOR COLLEGE DISTRICT SARATOGA CAMPUS ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Saratoga, California, that the Agreement with Relation to Perimeter Road System and Appurtenant Parking Facilities, by and between the West Valley Joint Junior College District and the City of Saratoga, in form this date presented to this Council, is hereby approved, and the Mayor is hereby authorized and directed to execute said agree- ment, in duplicate, on behalf of the City of Saratoga, and the City Clerk is hereby directed to attest his signature and affix thereto the official seal of the City° , , , , , , 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 day of April, 1968, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Glennon, Hartman, Tyler, Robbins, Burry NOES, Councilmen: none ABSENT, C ounc i lmen: none APPROVED: . ',} \ ~'fl.,..,' WOe-n.: KIJ: mr 2/16/68 156 AGREEMENT WITH RELATION TO PERIMETER ROAD SYSTEM AND APPURTENANT PARKING FACILITIES SARATOGA CAMPUS ASSESSMENT DISTRICT THIS AGREEMENT, made and entered into this 21st day of ....... March , 1968, by and between the CITY OF SARATOGA, hereinafter called "City" and the WEST VALLEY JOINT JUNIOR COLLEGE DISTRICT, hereinafter called "District", WITNESSETH: WHEREAS, the campus development plan for the proposed Saratoga Junior College of District in the City includes the construction of a number of facilities which will be available for community and public recreation programs, including tennis courts, swimming pools, and auditoriums and buildings which will be used for musical and dramatic productions and art, handicraft and scientific displays and programs in which the public, in varying degrees, will have a direct interest; WHEREAS, said development plan necessarily includes an interior preimeter road system to provide vehicular access to classrooms and school structures, which road system, together with appurtenant parking areas, is a necessary and convenient adjunct to said recrea- tional facilities in that it provides the means of public access thereto; WHEREAS, the parties~hereto desire to cooperate with each other in promoting the general welfare of the public through such facilities by acting Jointly to provide said necessary road and appur~enant parking areas, all as generally authorized by Chapter 6, commencing at Section 16651, of Division 12 of Part 3 of the Education Code; 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 theeboundaries of the assessment district described in Resolution of Intention No. 396, adopted January 3, 1968, as amended, hereinafter called "the Assessment District"; WHEREAS, said acquisitions and improvements include the improve- ment of said interior perimeter road and appurtenant~parking areas on the Saratoga Campus of the District; WHEREAS, said road system and appurtenant parking areas are to be improved as local improvements for the use and benefit of the pro- perty of District included within the boundaries of the Assessment District, and all of the cost of the improvements thereof, together with expenses incidental thereto, is proposed to be assessed against said property of District; WHEREAS, the public' interest, convenience and necessity require that said road and appurtenant parking areas be under the ownership, management and control of District rather than City, since they are not designed to the maintenance standards of City streets, and reasonable controls best formulated by District will be necessary in order to protect District property against vandalism, avoid dis- ruption of classes, and preclude other illegal and disruptive activity; WHEREAS, Section 10109 of the Streets and Highways Code, being part of the Municipal Improvement Act of 1913, under which said assessment proceedings are being conducted, provides, in essence, that whenever the improvement or acquisition 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 prepared pursuant to and is intended to be an exercise of the powers and authorities granted; therein and in said Chapter 6, cited above. NOW, THEREFORE, IT IS AGREED, as follows: 1o Plans and specifications for the said proposed road system and appurtenant parking 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 and adopted by District and City, and the Engineer of Work is directed to incorporate 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 therein. 2. 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 improvements and the payment of all other costs and charges: incidental thereto, on the basis of the estimate of cost made by the Engineer of Work as part of said Engineer's Report. B- City further agrees, on behalf of the Assessment District, to cause said proposed 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 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. 5~ Title to the interior road and appurtenant parking improve- ments to be constructed 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, main- tained and managed by District as an access facility in connection with the Saratoga Campus. 6. This Agreement shall become effective after proceedings have been taken pursuant to the provisions of the Municipal Improve- ment Act of 191B and fundslate'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 payment of said money or the expense of the acquisi- tion and construction of said improvements, and that its only lia- bility is that of conducting the special assessment proceedings referred to and disbursing the proceeds of assessments and sale of assessment bonds in the form and manner provided by law. 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 assess- ment district proceedings and out of no other funds. IN WITNESS WHEREOF, City and District have hereunto sub- scribed their names by their officers thereunto duly authorized, the day and year in this Agreement first above written. CITY OF ~~~~~ ~ ~ ATTEST: , 4