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RESOLUI'ION NO. 95-374
RESOLUI'ION OF TIfE CITY OF SAN BERNARDINO AUI'HORIZING AND DIRECI'ING TIfE
EXECUI'ION OF AN ACQUISITION/FINANCING AGREEMENT WIlli PINE AND CONNIFER, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP, RELATIVE TO TIfE FORMATION OF AN ACQUISITION
ASSESSMENT DISTRICI' FOR TIfE CONSTRUCI'ION OF NEW PINE AVENUE, BETWEEN KENDALL
DRIVE AND IRVINGTON AVENUE. (ASSESSMENT DISTRICI' NO. 1015)
BE IT RESOLVED BY TIfE MAYOR AND C()Mt.K)N COUNCIL OF TIfE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the ci ty of San Bernardino is hereby
authorized and directed to execute on behalf of said City, an agreement for
the acquisition of improvements and financing of costs for the construction
of New Pine Avenue, with Pine and Oonnifer, L.P., a California Limited
Partnership, relative to the formation of Acquisition Assessment District
No. 1015. A copy of said agreement is attached hereto as Exhibit "A" and made
a part hereof.
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09-17-95
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RESOLUTION AvrHORIZING AND DIRECTING TIlE EXECUTION' OF AN ACQUISITION/
FINANCING AGREEMENT RELATIVE TO TIlE FORMATION OF AN ACQUISITION ASSESSMENT
DISTRICT FOR THE CONSTRUCTION OF NEW PINE AVENUE. (AD 1015)
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor
and Common Council of the City of San Bernardino at a
relPIlar
meeting thereof held on the 6th
of
day
November
, 19~, by the following vote, to-wit:
Council Members:
AYES NAYS ABSTAIN ABSENT
X
X
X
X
X
X
X
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
~~
The foregoing
November
1/i-
of
resolution is
, 19~.
hereby approved this
day
~~7/~
'!'OM MINOR, Mayor -
Ci ty of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
ell, AIIO,""~
BY:~ ~
./
09-17-95
2
Res 95-374
ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT is made and entered into this / h day of -.Ll!,WGnBe7t ,1995, by and between
the CITY OF SAN BERNARDINO, a public agenc?iOfthe State of Califomia (hereinafter referred to as
"City"), and Pine & Connifer. L.P. ,(hereinafter referred to as "Property Owner").
WHEREAS, the City is considering the formation of a special assessment district under the terms and
conditions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways
Code of the State of California, for the construction of certain public improvements, together with
appurtenances and appurtenant work within the jurisdictional limits of said City, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 1015 (NEW PINE AVENUE) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, Section 66462 of the Government Code of the State of California ("Subdivision Map Act")
expressly authorizes financing and completion of public improvements under an appropriate special
assessment act, and Section 10102 of the Streets and Highways Code ("Municipal Improvement Act of
1913") expressly authorizes the acquisition of any improvements authorized to be constructed under said
law; and,
WHEREAS, Property Owner, in order to proceed in a timely way with its development, desires to
construct and has constructed certain public works of improvement that are proposed to be included with
the works of improvement for the Assessment District, namely, the improvements as set forth and
described in the attached, referenced and incorporated Exhibit "A"; and,
WHEREAS, the City and Property Owner are in agreement that the determined eligible works of
improvement may be included within the Assessment District financing at prices determined by said City
to be reasonable, and all contract administration, bidding, award and supervision shall be pursuant to
rules and regulations as established and approved by City; and,
WHEREAS, the properties within the boundaries of the Assessment District will be assessed only for
those portions of the works of improvement that benefit the properties within the boundaries of the
Assessment District, and this Acquisition! Financing Agreement and payment for the works of
improvement will apply to and only cover those portions of said works of improvement; and,
WHEREAS, Property Owner shall be the owner of and retain title to all of the works of improvement
constructed pursuant to this Agreement until such time as the City, acting pursuant to the provisions of
the "Municipal Improvement Act of 1913", shall acquire such works of improvement. Upon such transfer,
such improvements shall become the property of the public agency andlor regulated utility authorized to
provide the service to the Assessment District; and,
WHEREAS, the City has no objection to purchasing the improvements from said Property Owner, and
Property owner is desirous that the City purchase said improvements, and at this time said improvements
are owned by Property Owner; and,
WHEREAS, if the work is not being constructed in a timely manner, the City may, at its option, proceed
and install authorized facilities pursuant to applicable public contract laws, with payment to be made from
bond proceeds. Upon exercising this option, the work being constructed shall automatically be deleted
from this Agreement; and,
Exhibit "A"
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Res 95-374
WHEREAS, Property Owner hereby further agrees to indemnify and hold harmless the city of any
challenge involving the validity or enforceability of this Agreement and Property Owner further agrees to
defend or provide the monies in advances for any defense as it relates to a challenge to this Agreement;
and,
WHEREAS, City may, at its option, terminate this Agreement at any time if any legal challenge is filed
relating to the validity or enforceability of this Agreement for these assessment district proceedings,
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That said City does intend to proceed with the adoption of a Resolution of Intention and
the formation of a special Assessment District for the improvements above described,
however, the City reserves the right to determine those facilities which are eligible for final
funding.
SECTION 3. That the City agrees to acquire and finance through the use of special assessment
proceedings, and Property Owner agrees to convey all completed improvements to the
City, those improvements being all as set forth in the previously referenced Exhibit "A".
Property Owner agrees to post with the City the required bonds to guarantee the
performance of the work and payment of all labor and materials, said bonds to be in the
amounts as determined by the City.
Property Owner shall be responsible for the maintenance and shall maintain said
improvements in a satisfactory condition prior to any final transfer and acceptance.
SECTION 4, The final facilities and actual prices to be paid for said improvements are those that the
City believes to be integral and reasonable and to confer special benefit on properties
within the Assessment District.
The estimated prices for the improvements are set forth in the attached, referenced and
incorporated Exhibit "B". Final prices shall be based upon unit prices and quantities as
determined by the City to be reasonable, and no other costs and expenses shall be
allowed unless expressly authorized by the legislative body of the City; however, final
payment for the work shall not exceed the maximum amount for construction as set forth
in the Engineer's "Report" as confirmed by the City Council. The Property Owner shall
provide all substantiating documentation and certifications of authenticity as requested
by the City in the determination of either the quantities of work constructed or the prices
to be paid for such improvements.
SECTION 5. The estimated quantities set forth in the previously referenced Exhibit "B" shall be revised
to reflect the actual quantities of works of improvement actually constructed at prices as
determined by the City. Any final determination shall be made by the City as to the
prices and quantities to be paid.
SECTION 6. The costs of acquisition shall also include the necessary engineering and related
incidental expenses, including, but not limited to, the preparation of plans, specifications,
bidding and all related documentation. Said final costs and expenses are to be
determined upon the completion of the works of improvement and certified by the City.
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SECTION 7. The cost for said works of improvement shall be spread in accordance with the benefits
received, as determined by the Assessment Engineer for the Assessment District.
SECTION 8. All plans and specifications shall be submitted by the Property Owner, and all
improvements shall be bid, awarded, and constructed, and all contracts shall be
administered and supervised in full compliance with all applicable local rules and
regulations as established and approved by the City. Property Owner agrees to keep
records and to allow the City to review said records for all bids and contracts let for any
of the improvements, City shall have the right to inspect all works of improvement as if
said works of improvement were being constructed as a public works contract let by the
City.
SECTION 9. At any time that the work is not progressing within a reasonable time limit as determined
by the City Engineer, this contract can be terminated by ten (10) days written notice.
Upon termination, the City may then proceed to advertise and bid the balance of the
improvements, and no further obligation for payment due pursuant to this Agreement.
SECTION 10. Upon execution of this Agreement and completion of the improvements, the City shall
have the right to use said improvements as determined necessary and integral for the
works of improvement within the Assessment District.
SECTION 11. The acquisition monies, upon the sale of bonds, shall be distributed pursuant to written
instructions executed by the Property Owner herein and any mortgagee or beneficiary
under any mortgage or deed of trust where proceeds of a loan were utilized to assist in
financing any portion of the improvements. Cash distribution will be made upon
execution of the appropriate written instructions, and in the absence of written
instructions, the purchase price for the improvements shall be paid to the owner and any
mortgagee or beneficiary of a deed of trust as their interests may appear (Streets and
Highways Code Section 10311.5).
SECTION 12, Acquisition monies may be withheld until all improvements required to be installed by the
Property Owner have been completed and a reasonable amount of monies due under this
Agreement may be subsequently withheld to cover final possible corrections and/or
adjustments in the work, said work to be accomplished subsequent to the confirmation
of the assessment and sale of bonds. Progress payments may be made for completed
portions of the work, as certified by the City Engineer.
SECTION 13. This Agreement is contingent upon the confirmation of assessments and successful sale
of bonds, and it shall be null and void if said bonds are not sold within a three (3) year
period following the date of this Agreement, or any mutually agreed extension; however,
this time can be extended by request of the Property Owner and concurrence of the
legislative body, Any sale of bonds shall be based upon recommendations of authorized
consultants retained for the purposes of assisting and establishing terms and conditions
for the sale of bonds.
SECTION 14. Property owner hereby agrees to provide written notice to any potential purchasers of lots
in a form satisfactory to City so advising the potential owner of the fact of the proposed
or confirmed Assessment District, with said document being executed by the potential
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Res 95-374
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owner. Such notice shall be provided to the potential owner a reasonable time before the
potential owner becomes contractually committed to purchase the lot so that the potential
owner may knowingly consider the impact of the assessment in the decision to purchase
the lot. A copy of all such notices executed by actual purchasers shall be sent to the
City.
SECTION 15. Property owner agrees to and shall assume the defense of, indemnify and hold harmless
the City, its officers and agents, from any action, damages, claims or losses of any type
resulting from this Agreement, including without limitation the design, engineering,
construction bidding, award of the contract and construction of the improvements. No
provision as contained herein shall in any way limit the extent of the responsibility of said
Property Owner for payment of damages resulting from the construction of the
improvements and/or any contractual relationships between Property Owner and
contractor and/or subcontractors.
SECTION 16. This Agreement is binding upon heirs, assigns, and successors-in-interest.
SECTION 17. This Agreement, by its execution, amends and supersedes any terms and conditions that
may be inconsistent in any previous agreement, including any subdivision improvement
agreement, relating to the construction, installation or financing of said improvements.
SECTION 18, The prevailing party in any litigation relating to, interpreting or enforcing this Agreement,
shall be entitled to reasonable attorney's fees as determined by the Court.
SECTION 19. This Agreement and the construction of the improvements shall be subject to all local
laws and ordinances relating to the requirement of improvement agreements, land
division, improvement security or other applicable development requirements,
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
"CITY"
CITY OF SAN BERNARDINO
ATTEST:
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MAYOR
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
~
CITY LERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
"PROPERTY OWNER"
I\PPHOVLU AS 1 U FOi-':i',i
t\ND LEGt~,L CCY:'Tn::r-:r.
ship
.lame':, :::", "'cnrnz:n1
By:
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CITY OF SAN BERNARDINO
ASSESSMENT DISTRICT NO. 1015
(New Pine Avenue Acquisition Assessment District)
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement to be acquired by the construction of the New Pine Avenue
Realignment through proposed Tract No. 15642 (existing APN Nos. 261-201-17 and 261-201-
22), and through parcels designated by APN Nos. 261-201-15 and 261-201-16, are generally
described as follows:
Street and Storm Drain Imnrovements
Street and storm drainage improvements include earthwork, paving, curbs and gutters, cross
gutters and spandrel, sidewalks, handicap ramps, A,C, overlay, street lights, 3'x8' box culvert
and wingwall, inlet/outlet structure, parkway culvert, catch basins, 18" R.C.P. and terrace
drains and down drains. All permanent street and storm drain improvements shall be
constructed within public rights-of-way. The New Pine Avenue street improvements generally
follow an existing Metropolitan Water District (MWDSC) easement.
Specific streets and their associated dimensions are given below:
New Pine Avenue (88' R/W, 64' curb-to-curb from Kendall Drive to Irvington Avenue,
approximately 2,122 linear feet), including intersection improvements at Kendall Drive and at
Irvington Avenue.
Washin~ton Street Reali~nment with New Pine Avenue (60' R/W, 26' edge-of-pavement to edge-
of-pavement) from the new intersection of Washington Street and New Pine Avenue at Sta,
0+00,00 northwesterly to join existing Washington Street at Sta, 2+34.87 (approx, 235 linear
feet),
Pine Avenue Demolition of approximately 480 linear feet of Pine Avenue. Construct 33' radius
turn-a-round.
EXHIBIT "A"
DESCRIPTION OF WORKS OF IMPROVEMENT
(Continued)
Sewer Imnrovements
Sewer improvements include pipe, manholes, excavation, bedding, backfill, compaction, testing
of completed mains and adjusting sewer manholes to proper street grade, All permanent sewer
improvements will be constructed within public righ~s-of-way.
Furnish and install 200 linear feet of g,inch diameter sewer main per City of San Bernardino
Standards, one sewer manhole (Std. No. 301), two sewer manholes with taps, and other
appurtenant items,
Water Imnrovements
Water improvements: New water mains, valves, and fire hydrants, Also included are the
excavation, bedding, backfill, testing and disinfection of the water system, All permanent water
system improvements will be constructed within public rights-of-way.
Furnish and install 2,094 linear feet of 12 inch-diameter water main and appurtenant items,
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CITY OF SAN BERNARDINO
ASSESSMENT DISTRICT No. 1015
(New Pine A venue Acquisition Assessment District)
COST ESTIMATE
I II Quantity Preliminary I
Improvement Unit $/Unit Total
CONSTRUCTION COST ESTIMATE
i
New Pine Avenue Improvements I
Traffic Control 1 LS $2,925.00 $2,925.00
Clear & Grub 175,896 SF 0.02 3517.92
Excavation 1 LS 70,200.00 70,200.00
Import 2,222 CY 10.53 23,397.66
Rough Grade Road Bed 125,640 SF 0.08 10,051.20
Pre-compact 125,640 SF 0.05 6,282.00
Fine Grade Road Bed 125,640 SF 0.12 15,076.80
Soil Sterilant 125,640 SF 0.08 10,051.20
4" Class II Base & Rough Grade 1,551 CY 32.76 50,810.76
Fine Grade Class II Base 125,640 SF 0.08 10,051.20
3" AC Pavement 125,640 SF 1.25 157,050.00
Temporary Turn-around Per Std 102 1 LS 5,850.00 5,850.00
3'x 8' Storm Drain per Sheet 5
(Includes Inlet, Outlet and Support Over Water Line) 170 LF 351.00 59,670.00
18" RCP from Catch Basins to 3'x 8' Storm Drain 120 LF 17.55 2,106.00
Bench, Terrace and Down Drain per Sheet 4 &
& Details Sheet 1 1 LS 5,850.00 5,850.00
Parkway Culvert per Std 400 S=4',
Inlet/Outlet Type II 1 EA 1,755.00 1,755.00
Demolition, Removal & Grading of Approx. 446'
of Pine Ave to Include Curb, Gutter, Asphalt,
Base Course & Temp Turn-around Prep 1 LS 3,510.00 3,510.00
Fine Grade for Concrete 33,504 SF 0.08 2,680.32
P.C.C. Curb & Gutter per Std 200- B 4,188 LF 9.36 39,199.68
6' P.C.c. Sidewalk per Std 202 25,128 SF 2.05 51,512.40
6' P.C.C. Cross Gutter and Spandrel per Sed 201 3,612 SF 4.10 14,809.20
Handicap Ramp per Std 205, 1.= 10', X=5' 15 EA 585.00 8,775.00
Catch Basin per Std 403 & Local Depression
per Std 407 - 2 2 EA 3,510.00 7,020.00
Street Lights per Std SI-1, SI-2 (9500 1.)
and All Necessary Wiring 10 EA 4,095.00 40,950.00
Exhibit "B"
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II COST ESTIMATE I
I (Continued)
! II Quantity Preliminary I
Improvement Unit $/Unit Total
Street Light Pull Boxes per SI - 2 17 EA $292.50 $4,972.50
Red Concrete for Street Light Conduit
Encasement within MWD R/W to Nearest
Pull Box-3"min. 1,610 LF 1.45 2,334.50
8" AC Berm 22 LF 29.25 643.50
Curb Return 350 LF 6.44 2,254.00
Barricade per Std 505 1 EA 585.00 585.00
Pavement Striping of New Pine 1 LS 1,170.00 1,170.00
Construction Surveying 1 LS 17,550.00 17,550.00
Engineering 1 LS 8,775.00 8,775.00
Traffic Signal @ Kendall & New Pine 1 LS 0.00 By City of S.B.
Landscaping & Appurtenances- Pine Ave (550 If) 45,240 SF 3.51 158,792.40
Landscape Maintenance District Formation 1 LS 2,925.00 2,925.00
Sewer System in New Pine to City Stds 200 LF 17.55 3,510.00
, Manholes in New Pine 1 EA 4,095.00 4,095.00
Manholes in Kendall Drive including Tap 2 EA 5,850.00 11,700.00
12" DIP Water Service & Fire Hyds in New Pine 2,094 LF 77.45 162,180.30
Signage 1 LS 1,462.50 1,462.50
Water District Encroachment Permits 1 LS 8,775.00 8,775.00
4' Wrought Iron Fence @ Parks on New Pine 435 LF 29.25 12,723.75
Slump Block Screen Wall 4,992 SF 7.02 35,043.84
Anti-graffiti Coating 4,992 SF 1.05 5,241.60
Subtotal, New Pine Avenue Construction $1,047,835.23
Contingencies, New Pine Avenue (10%) $104,783.52
Performance Bond, New Pine Avenue (1 %) $10,478.35
TOTAL, New Pine Avenue $1,163,097.11
I
Kendall Drive Improvements
Traffic Control 1 LS $1,462.50 $1,462.50
Clear & Grub 11,760 SF 0.02 235.20
Excavation 1 LS 3,232.71 3,232.71
Rough Grade Road Bed 5,880 SF 0.08 470.40
Pre-compact 5,880 SF 0.05 294.00
Fine Grade Road Bed 5,880 SF 0.12 705.60
Soil Sterilant 5,880 SF 0.08 470.40
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L COST ESTIMATE I
(Continued)
I II Quantity Preliminary I
Improvement Unit $/Unit Total
!I Fine Grade for Concrete 6,880 SF $0.08 $550.40
! P.C.C. Curb & Gutter per Std. 200- B 860 LF 9.36 8,049.60
I 6" P.C.c. Sidewalk per Std. 202 5,160 LF 2.05 10,578.00
4" Class II Base & Rough Grade 73 CY 32.76 2,391.48
Fine Grade Class II Base 5,880 SF 0.08 470.40
3" A.C. Pavement Patch 5,880 SF 1.17 6,879.60
Street Lights 4 EA 4,095.00 16,380.00
Landscaping - Kendall Drive
(DesignlBuild to City of San Bernardino Specifications) 23,440 SF 2.34 54,849.60
Utility Pole Relocation 3 EA 4,680.00 14,040.00
Slump Block Screen Wall 8,743 SF 7.02 61,375.86
Anti-Graffiti Coating 8,743 SF 1.05 9,180.15
Surveying 1 LS 2,340.00 2,340.00
Subtotal, Kendall Drive Construction $193,955.90
Contingencies (10%) $19,395.59
Performance Bond (1 %) $1,939.56
TOTAL, Kendall Drive $215,291.05
Developer Contribution for Construction
of Kendall Drive Improvements (1) ($250,000.00)
TOTAL CONSTRUCTION COST $1,128,388.15