HomeMy WebLinkAbout1995-359
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
95-359
RESOLUTION OF THE CITY OF SAN BERNARDINO AlJIlIORIZING AND DIRECTING THE
EXECUI'ION OF AN AGREEMENT FOR REIMBURSEMENT OF COSTS WITH PINE AND CONN I FER ,
L,P., A CALIFORNIA LIMITED PARTNERSHIP, RELATIVE TO THE FORMATION OF AN
ACQUISITION ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF NEW PINE AVENUE,
BETWEEN KENDALL DRIVE AND IRVINGTON AVENUE. (ASSESSMENT DISTRICT NO. 1015)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, an agreement for
the reimbursement of costs with PINE AND CONN I FER , L.P., A CALIFORNIA LIMITED
PARTNERSHIP, for the construction of New Pine Avenue, between Kendall Drive
and Irvington Avenue, and for the formation of an acquisition assessment
district for said construction New Pine Avenue. A copy of said agreement is
attached hereto as Exhibit "A" and made a part hereof.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ I /
/ I /
Rev 10-16-95
~ .~.
,-. .-- .'l'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,
RESOLUTION AUTHORIZING AND DIRECTING TIIE EXECUTION. OF OONSULTANT AGREEMENTS
RELATIVE TO TIIE FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT FOR TIIE
CONSTRUCTION OF NEW PINE AVENUE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by th
Mayor and Common Council of the City of San Bernardino at a
regular
16th
of
meeting thereof held on the
day
October
, 19~, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
The foregoing
October
resolution is hereby approved this
, 19~.
day
of
~-----'-4
,/~_. Yd0L~
TOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City ttorney
;,'
i~
By:
J
I
I
/
08-16-95
2
l'
1!'. ?-5"9
,
.
A. - fcBr:HEl1T
___/)..-I3HI~ AGREEHENT is entered into this IS/!.. day of
t7~ , 1915"', by and between the CITY OF SAN
BERNARDINO, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and PINE & CONlIIFER, L.P., a
California Limited Partnership, hereinafter referred to as
"SUBDIVIDER."
RECI'l'ALS
WHEREAS, CITY and SUBDIVIDER have entered into a Joint
Development Agreement, relative to the parcel along Kendall
Drive at New pine Avenue; and
vIHEREAS, Ses=.':Jc~ Addendum to the Joint Development
Agreement has been executed by CITY and SUBDIVIDER; and
WHEREAS, CITY comitten in the Second Addendum to
undertake certain actions to facilitate development of the 42
single family homes within approved Tentative Map No. 15642; and
WHEREAS, CITY further agreed in the Second Addendum to
obtain adequate interim financing and to cause to be formed an
acquisi tion assessment district to finance the cost for con-
struction of new pine Avenue; and
V'lHEREAS, authorization to ;,ni tielt", pr.'Jceedings for an
acquisition assessment district, to anvan~E up to $l,133,003 to
finance construction costs for He',.; pine Avenue, and to confirm
selection of Legal Counsel and Assessment Engineer, was granted
at the Council neeting of 8-7-95.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION ONE: CITY agrees ---
1. To complete proceedings and establish an acquisition
assessment district to acquire the improvements constructed
by Subdivider for New pine Avenue.
2. To advance up to $1,133,003 as needed
construction costs for New Pine Avenue.
to
finance
3. To make monthly payments to Subdivider to finance actual
progress payments to the contractor, or sub-contractors.
4. To install traffic signals at the intersection of New Pine
Avenue and Kendall Drive, with development fees collected
for the re-alignment of pine Avenue.
,\'r-
'/ /; .<- ~
" ~/.'? -" - .!;-CJ
- ,
~
..
SECTION TWO: SUBDIVIDER agrees --
1. To construct, or cause to be constructed, the improvements
for New Pine Avenue by contractor or sub-contractors, under
contract(s) awarded pursuant to a sealed bid advertisement
with adequate circulation.
2. To give as security to the City the Deed of Trust recorded
3-30-82, document number 82-061873, subordinated only to
CFB's construction loan for Tentative Tract No. 15642, or to
file similar security with CITY, in a forM acceptable to
CITY'S Director of Finance, to guarantee repayment of the
total amount advanced for monthly progress paYMent in the
event that an assessment district is not actually forMed.
3. To file a cash deposit in the amount of $ 24,000.00
wi th the Director of Public Works/City Engineer, to cover
the costs incurred by the Legal Counsel and Assessment
Engineer, in the event that an asseSSMent district is not
actually formed. The deposit shall be released to SUB-
DIVIDER upon formation of an assessment district. In the
event that the City elects not to form the assessment
district, based solely on its discretion, and not as a
result of actions by the petitioners, the deposit will be
refunded in its entirety.
4 .
To exercise the option to pre-pay
single family hones in Tract No.
escrow for each house.
the assessments on the 42
15642, at the close of
5. To reimburse CITY for the proportionate amount of funds
advanced for the 42 single fani1y homes in Tract 15642, at
the close of escrow for each house.
SECTION 3.
given by either
delivery, or First
Any
party
Class
notice required by this Agreenent may be
to the other by means of personal
Mail, as follows:
AS TO CITY:
AS TO SUBDIVIDER
(909) 384-5025
Pine & Connifer, L.P.,
a California Limited
Partnership
c/o David Willis, Pres.
Empire & Associates, Inc.
12265 World Trade Drive
Suite H
San Diego, CA 92128
Roger G. Hardgrave
Director of Public Works/
City Engineer
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
(619) 675-1003
/ / / /
- 2 -
".
"
/ :-.
~-)
? ,"'--..... ,
_' ...!..,.v?
,-
AGREEMENT: NEW PINE AVENUE ACQUISITION ASSESSMENT DISTRICT
SECTION 4. SUBDIVIDER agrees and promises to indemnify,
defend and hold harmless CITY, its officers, employees and
agents, from and against all actions, claims, demands, lawsuits,
and liability for damages to persons or property that may be
asserted or claimed by any person, firm, entity, corporation,
political subdivision, or other organizations arising out of or
in connection with the performance of this Agreement, but
excluding such actions, claims, demands, lawsuits and liability
for damages to persons or property arising from the sole
negligence or willful misconduct of CITY, its officers,
employees or agents.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the date first written herein.
CITY OF SAN BERNARDINO
AT'rEST:
Ra~k'~
---r- ..' h
By j~. ~b~
, TOM I<linor, Mayor
City of San Bernardino
PINE & CONNIFER, L.P., a
California limited
partnership
By EMPIRE & ASSOCIATES, a
General Partner
Approved as to form
and legal content:
BLA~i'f~-
President
James F. Penman
City Attorney
"fl~Jl.,
- 3 -