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HomeMy WebLinkAbout1983-007 Chubbuck Offices Improvements CITY OF CHUBBUCK so TiON NO. q- 3 WHEREAS, the City Council has entered into a contract with B & C Construction, Inc., for the construction of improvements to the Chubbuck City Offices located at 5160 Yellowstone Avenue, Chubbuck, Idaho; and WHEREAS, the City has also entered into an agreement with The Idaho First National Bank and Citizens Development, Inc. for the purpose of conveying said improvements to and leasing back the same from Citizens Development, Inc.; WHEREAS, The Idaho First National Bank and Citizens Development, Inc. require the passage of certain resolutions as a condition to the consummation of the contemplated sale and leaseback; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council finds that the expenses incurred by the City in constructing the addition to the City Offices to be an ordinary and necessary expense of the City, and in all other ways in compliance with applicable laws. 2. That the City is authorized to enter into, and the Mayor and Clerk are hereby directed to execute on behalf of the City, a ground lease with Citizens Development, Inc., leasing the real property (more particularly described on Exhibit "A" hereto) upon which the addition to the City Offices has been constructed to Citizens Development, Inc. for a period of ten (10) years at a rate of One Dollar ($1.00) per year. 3. That the City is authorized to sell and the Mayor and City Clerk are directed to executed the Bill of Sale necessary to convey the improvements to the City Offices to Citizens RESOLUTION - PAGE 1 jm CH-15 Development, Inc. for a sum not to exceed Two Hundred Fourteen Thousand, Three Hundred Ten Dollars ($214,310.00), and the Council further finds that such conveyance is in all respects in compliance with all applicable laws. 4. That the City is authorized to enter into, and the Mayor and City Clerk are directed to execute a building lease in the form annexed hereto as Exhibit "B" on the terms and conditions set forth therein, and the City Council finds that such expenditure by the City is a necessary and ordinary expense of the City and in all other respects in compliance with all applicable laws. 5. That Citizens Development, Inc. is authorized to execute, as Grantor, a deed of trust to The Idaho First National Bank, as beneficiary, securing a guaranty of the City's building lease attached hereto as Exhibit "B". PASSED BY THE COUNCIL AND APPROVED BY T~E MAYO_~F THE CITY OF CHUBBUCK, IDAHO, this /~ day of d.~-~ , 1983. ATTEST: CItY CLERK RESOLUTION - PAGE 2 jm CH-15 COOPERATIVE AGREEMENT M-7231(007) 1-86 I.C. - HIGHWAY AVENUE CHUBBUCK /77 PARTIES THIS AGREEMENT is made and entered into this ~ ~=~-~z=~ 1983, by and between the IDAHO TRANSPORTATION MEN~,-DIVISION OF HIGHWAYS, hereafter called the "State", CITY OF CHUBBUCK, hereafter called the "City" day of DEPART- and the PURPOSE The Parties have mutually agreed that it is in the public in- terest to reconstruct that portion of U.S. Highway 91 along Yellow- stone Avenue (FAM Route 7231), between Station 173+23.24 and Sta- tion 220+30.54, and that portion of Chubbuck Road (FAM Route 7041), between Station 10+45 and Station 24+00, all within the corporate boundaries of the City of Chubbuck, and are agreeable to assuming their respective share of the costs and obligations of the improve- ments, which are to be made in accordance with the attached plans entitled Exhibit "A", Federal-Aid Highway Project M-7231(007). Authority for this Agreement is established by Section 40-120 of the Idaho Code. The Parties agree as follows: SECTION I. This Agreement is entered into for the purpose of com- plying with certain provisions of the Federal-Aid High- way Act, in obtaining federal participation in the con- struction of the project. o The State assumes no responsibility for the timely per- formance of this Agreement and in no way guarantees that the federal funds herein sought are available or will be made available. In the event that federal funds are un- available, this Agreement is void. Federal participation in the costs of the project will be governed by the applicable section of Title 23, U.S. Code (Highways), and rules and regulations, prescribed or promulgated by the Federal Highway Administration. SECTION II. That the State will: Enter into an agreement with the Federal Highway Admin- istration covering the Federal Government's pro-rata share of construction costs. -1- Reconstruct Yellowstone Avenue (U.S. Highway 91), Chub- buck Road and approaches to other city streets, and as- sume its share of all construction and engineering costs (remaining after deducting any appropriate federal-aid participation) of the project, to consist of grading, drainage, base, surfacing, riprap, irrigation, uti'Ii- ties, storm sewer, curb-gutter, sidewalk, minor struc- ture, pavement marking, signing, traffic signal loops, illumination, other traffic control and miscellaneous items necessary to complete the work in accordance with Exhibit "B". Designate a resident engineer and other personnel, as the State deems necessary, to supervise and inspect all construction associated with the project, in accordance with the plans, specifications and estimates in the man- ner required by the applicable state and federal regula- tions. This engineer, or his authorized representa- tives, will prepare all monthly and final contract esti- mates and change orders. Cause to be replaced to original, equal or better condi- tion any existing sidewalks, curb-gutter, pavement, reg- ulatory signs, sewer facilities, fences and other simi- lar items, except those obligations of the City as here- after stated, and excluding shrubs and other plantings within the right-of-way which may be removed or damaged by construction operations. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. o Upon completion of the project, after all costs have been accumulated and the final voucher paid by the Fed- eral Highway Administration, provide a statement to the City summarizing the estimated and actual costs, indi- cating an adjustment for or against the City. Any ex- cess funds transmitted by the City and not required by the project will be returned. SECTION III. That the City will: Hereby approve the plans. Pay to the State, immediately following execution of this Agreement, the amount of FOURTEEN THOUSAND, NINE HUNDRED NINETY-EIGHT AND NO/HUNDREDTHS DOLLARS ($14,998.00), as shown on Exhibit "B". The actual cost to the City will be determined from the total quantities obtained by measurement or computation of the classes of work performed plus the actual cost of engineering and contingencies required to complete the work. -2- Agree that the amount of Federal-Aid Urban funds re- quired for this project shall be provided from the reg- ular apportionment for the Pocatello-Chubbuck Urban Area. Cooperate with the State in nation of suitable detour construction. the selection and desig- routing during project Arrange, with and at the expense of the City or the ad- jacent property owner, for the removal, replacement or relocation, excepting those items belonging to a public utility other than the City, or as indicated on the plans to be at State expense, and except as hereafter provided, any items shown on the plans or as thereafter may be discovered to be moved by the City or the owner and located on the State highway right-of-way, which, by reason of inadequacy, decay, type of material, location or depth, will not be compatible with the proposed im- provements; such items shall include but are not limited to the following: Sanitary sewer system components, including service connections. Water system components, including service connec- tions, fire hydrants, connecting pipes, and associ- ated valves and meters. c. Signs (other than State-owned). d. Poles (other than utility-owned). e. Underground conduits and cables. f. Overhead structures, wires and cables. g. Mail boxes, U.S. and private. h. Buildings. i. Fences. Upon completion of the project, accept and maintain as a part of its street system all City streets connecting U.S. Highway 91, including Chubbuck Road, and recon- structed as indicated in Section II, Paragraph 2. Participate in the final project inspection. Obtain concurrence of the State before vacating or clos- ing any right-of-way entering the State highway within the project limits; to the extent that the City is auth- -3- 10. 11. 12. 13. 14. 15. orized by the State law to commit itself to obtain such concurrence. Obtain concurrence of the State before accepting any new street or alley right-of-way entering the state highway within the project limits. Ail new approaches to the State highway shall conform to either the State's Stan- dard Approach Policy or the City's ordinances, whichever is more restrictive. Copies of all permits issued by the City for access to the State highway shall be sub- mitted to the State. Obtain concurrence of the State before installing or constructing any new, or relocating any existing side- walk or any existing City-owned water, storm or sanitary sewer facilities on the state highway right-of-way with- in the project limits. Comply with all pertinent sections of the State's Stan- dard Specifications for Highway Construction, in accom- plishing all future trench backfill and pavement repairs on the State highway within the project limits. Obtain concurrence of the State before planting or per- mitting the planting of trees, shrubs or flowers on the State highway right-of-way within the project limits. By appropriate ordinance and police action, cooperate with and assist the State in prohibiting and removing encroachments on any part of the State highway right-of- way within the project limits, including but not limited to signs, structures, machinery, materials, equipment, junk, and including the encroachments for the purpose of advertising or for displaying, selling or dispensing any merchandise or goods. Not remove, alter, or abandon the lighting equipment without prior concurrence of the State. In the event that the "Average Maintained Foot Candles" of the light- ing system drops below seventy (70) percent of the ori- ginal installed values, the City shall cause the light intensity to be restored to approximately the original values. Any combination of relamping and/or cleaning of fixtures may be used to achieve the necessary desired intensity. Use the luminaire poles purpose of supporting luminaires. and mastarms solely for the traffic control devices and 16. Maintain, erect and install within the project limits only those traffic control devices, including signs that are in conformity with the Manual of Uniform Traffic -4- 17. 18. 19. SECTION IV: Control Devices for Streets and Highways, as adopted by the State. Allow no parking on the State highway right-of-way with- in the project limits except for emergency conditions. Upon receipt of the statement referred to in Section II, Item 5, indicating an adjustment in cost against the City, promptly remit to the State a check or warrant in that amount. Both Parties agree that: This Agreement shall become effective on the first date mentioned above and shall remain in full force and ef- fect until amended or replaced upon the mutual consent of the Parties hereto. The use and occupancy by utility facilities on the right-of-way of this project will be controlled by the State's Policy for the Accommodation of Utilities within Rights-of-way of Federal-Aid Systems in the State o~ Idaho. Following completion of this project, a Cooperative Maintenance Agreement will be negotiated and entered into, setting forth the respective responsibilities of the City and State for maintenance of the State highways within the City. -5- IN WITNESS WHEREOF, the State has caused this Agreement to be executed by its State Highway Administrator, attested to by his Secretary, and the Seal of the IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS, affixed hereto; and the City has caused this Agreement to be executed by the Mayor, attested to by the City Clerk, and the Seal of the CITY OF CHUBBUCK affixed hereto. ATTE~: ×'/?~"/ (SEAL)_ APPROVED AS TO FORM: ATTEST: City Clerk IDAHO TRANSPORTATION DEPARTMENT DIVISION OF HIGHWAYS State Highway Administrator CITY OF CHUBBUCK Mayor (SEAL) By regular/~l meeting o~. O~ ~o ~ ~ . -6- EXHIBIT "B" M-7231 (007) TOTAL 90.98% DESCRIPTION COST FA Construction 1,837,304' 1,671,579 LOCAL SHARE STATE CITY 150,727 14,998'* LOCAL SPLIT PERCENT 9O.95/9.O5 *Includes l0 percent (10%) for engineering and contingencies. **Includes the improvements to Chubbuck Road outside the State highway right-of-way.