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HomeMy WebLinkAboutResolution 65-90 0 RESOLUTION NO. 65 -90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING CITY PARTICIPATION IN THE CONSTRUCTION OF A PORTION OF OBISPO ROAD WHEREAS, The City has an interest in promoting the construction of new public roads in compliance with specified standards of safety and quality; and WHEREAS, The completion of Obispo Road is beneficial to the traffic circulation of the City. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Department of Public Works is hereby authorized to commit $9000. 00 to the widening of approximately 870 feet of Obispo Road. On motion by Councilperson Lilley , seconded by Councilperson Dexter , the foregoing resolution is passed on the following roll call vote: AYES: Councilmembers Borgeson, Lilley, Shiers and Mayor Dexter NOES: None ABSENT: Councilwoman Mackey ADOPTED: June 12, " 1990 ATTEST. LEE DA A, CityOtlerk IN DEXTER, Mayor APPROVED AS TO FORM: APPROVED 0 CONTENT: Llbs WWR AR ER R. MO TAND GR L. UKE City Attorney Director of Public Works AGREEMENT TO SHARE CONSTRUCTION COSTS This Agreement is entered into by and between the CITY OF ATASCADERO, California, a municipal corporation, hereafter "City" , and GERALD AND DOROTHY JOHNSON, individual owners of real property within the City of Atascadero, hereafter "Owners" . WHEREAS, the City Council approved Owners' ParcelMap No. AT87-261 on February 6, 1988 for real property on Obispo Road; and WHEREAS, the original map was conditioned upon the installation of a sixteen foot (161 ) wide paved roadway which has yet to be constructed; and WHEREAS, it has been subsequently determined by City that a twenty foot (201 ) wide road would enhance the traffic safety of the roadway and WHEREAS, Owners have solicited bids for the proposed construction and received responsible bids; NOW, THEREFORE, in , consideration of the covenants and conditions containedinthis Agreement, City and Owners mutually agree as follows:- 1. City agrees to pay to Owners the additional costs for constructing the road required as a condition of AT87-261 to. a twenty foot (201 ) versus sixteen foot (161 ) width. 2. City and Owners agree that this additional cost, based upon the bids received, is $9,000.00. a_ 3 . City shall reimburse Owners in progress payments during the construction of the road according to standard construction procedures. 4 . The road construction and inspection standards are to be approved by the City' s Director of Public Works prior to the commencement of construction. 5. Should a dispute arise over the construction, the parties shall make all reasonable efforts to resolve their differences. If a resolution cannot be made, the Director of Public Works shall make the final decision regarding construction. 6. The waiver of any breach by any party of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 7 . This Agreement is specifically not assignable to any person or entity. Any assignment or attempt to assign, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement giving rise to a right to terminate. 8. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing part shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 9. Except as otherwise expressly provided for in this Agreement, should the performance of any act required by this Agreement to be performed by either party be prevented or delayed by reason of any act of God, strike, lock out, labor trouble, -2- 0 e inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 10. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to any party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered, or in lieu of such personal service, when deposited in the United States mail, first-class postage prepaid, to the following address for each respective party. CITY: City of Atascadero Public Works Department Attn: Greg Luke 6500 Palma Avenue Atascadero, CA 93422 OWNERS: Gerald and Dorothy Johnson P© /3�'�x 9341 -3, 11. This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this Agreement or any decision or holding concerning this Agreement arises. -3 12. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this Agreement or any interest in this Agreement. 13. Should any provision of this. Agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full _force and effect, unimpaired by the holding, legislation or rule. 14. This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or representations, respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. -15. Time is expressly declared to be of the essence of this Agreement. 16. The parties hereto represent that the individuals executing this Agreement are expressly authorized to do so on and in behalf of the parties. 17. The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. -4- 18. Amendments to this Agreement shall be made only with the mutual written consent of all of the parties to this Agreement. EXECUTED on June 18 1990, at Atascadero, California. - OWNER CITY B Y OF ATASCAD 0 Mayor GERALD JOHNS6 ATTES DOROTHY JOHNS Nj-/ t Clerk APPROVED AS TO FORM: A�� '-- CiAttorney APPROVED AS TO CONTENT: ARM: fr/6/5/90 AGT: 006