HomeMy WebLinkAbout1993-223
"
J
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.
93-223
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MONNIG DEVELOPMENT, INC. RELATING
TO REIMBURSEMENT OF COSTS FOR IMPROVEMENT OF PIEDMONT DRIVE IN
TRACT NO. l3470 AND DESIGN SERVICES FOR BOX CULVERT AND TRAFFIC
SIGNALS IN THE VERDEMONT AREA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION l.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City,
an
agreement with Monnig Development,
relative to
Inc. ,
reimbursement of costs for improveflent of Piedmont Drive in Tract
No. l3470, and Engineering Design Services for a box culvert and
traffic signals in the Verdemont Area, a copy of which agreement
is attached hereto marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute
resolution.
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
5-lB-93
it within sixty (60) days of the passage of this
" RES 93-223
RESO: EYEClcTING AGREEMENT WITH MONNIG DEVELOPMENT, INC. RELATING
ro REIMBURSEMENT OF COSTS FOR IMPROVEMENTS IN VERDEMONT
AREA.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
reqular
meeting thereof, held on the
6tiBay of
July
, 1993, by the following vote, to-wit:
4
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 (VACANT)
11 POPE-LUDLAM
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
12 MILLER
x
13
14
15
16
17
18
19
R~k,~~rk
The foregoing resolution is hereby approved this C? ~'\\ ,
day of
July
, 1993.
~ '~
--; /3;-1., I{;)~
. , om Minor, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 ByLlf~
24 U
25
26
27
28
- 2 -
RES 93-223
EXHIBIT RAR
A G R E E MEN T
---------
THIS AGREEMENT, entered into this day of ,
19 ,between Monnig Development, a California Corporation,
hereinafter referred to as "Developer," and the City of San
Bernardino, a municipal corporation of the State of California,
hereinafter referred to as "City."
WITNESSETH:
WHEREAS, Developer and City entered into a Reimbursement
Agreement, as authorized by Resolution No. 86-33l, adopted on 8.-
18-86, relative to Tract No. l3470; and
WHEREAS, the Reimbursement Agreement provided that the
City would proceed to install certain street improvements on
Piedmont Drive, adjacent to Tract No. l3470, and Developer would
reimburse City for actual quantities installed, at the
Developer's unit prices; and
WHEREAS, the amount to be reimbursed to City has been
determined to be $72,77l.28; and
WHEREAS, Developer retained a Consulting Civil Engineer
to prepare plans for construction of a reinforced concrete box
culvert on Palm Avenue, at Cable Creek Channel, and installation
of traffic signals at Palm Avenue and Kendall Drive; and
WHEREAS,
design services
box culvert and
Developer incurred expenses for engineering
in the approximate amount of $72,500.00 for the
$7,500.00 for the traffic signals; and
WHEREAS, Developer has submitted a claim for reimburse-
ment of costs incurred for design services in connection with
the box culvert and traffic signals; and
WHEREAS, a dispute has arisen as to the issue of reim-
bursements and as to the amount of said reimbursements; and
WHEREAS, Developer and City desire to
dispute and to settle their differences under
conditions set forth below.
resolve this
the terms and
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
SECTION l. That Developer
$72,77l.28 to be reimbursed to
installed on Piedmont Drive.
acknowledges the amount of
the City for improvements
SECTION 2. That Developer agrees to the amount of
$40,000.00 as reimbursement for expenses incurred by Developer
in connection with engineering design services for the box
culvert and traffic signals.
RES 93-223
,
REIMBURSEMENT AGREEMENT: STREET IMPROVEMENTS ON PIEDMONT DRIVE
SECTION 3. That Developer agrees to pay, and City agrees
to accept, the amount of $32,771.28 in full and final settlement
of their respective claims for reimbursement.
SECTION 4. The reimbursement by the Developer shall be
paid to the City within thirty (30) days after this agreement
has been executed. If this reimbursement is not fully paid
within thirty (30) days, it shall become a lien on any property
owned by Developer within the City of San Bernardino, pursuant
to the San Bernardino Municipal Code and may be collected as a
special assessment thereon, or as a personal obligation of
Developer.
SECTION 5. Should litigation be necessary to enforce any
terms or provisions of this agreement, or to collect any portion
of the amount payable under this agreement, the prevailing party
shall be entitled to recover all litigation and collection
expenses, witness fees, court costs, and attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first above shown.
CITY OF SAN BERNARDINO
By
Tom Minor, Mayor
ATTEST:
By
Rachel Clark, City Clerk
MONNIG DEVELOPMENT
By
Daniel W. Holden,
Executive Vice-President
Approved as to form
and legal content:
James F. Penman
City Attorney
By
- 2 -