HomeMy WebLinkAbout1991-320
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RESOLUTION NO. 91-320
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FORECAST CORPORATION RELATING TO
REIMBURSEMENT OF A PORTION OF THE COST FOR INSTALLING STORM DRAIN
FACILITIES FOR TRACT NO. 13554.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with the Forecast Corporation relating to the
9 reimbursement of a portion of the cost for installing storm drain
10 facilities for Tract No. 13554, a copy of which is attached
11 hereto, marked Exhibit "A", and incorporated herein by reference
12 as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
16 the 15t~ay of
17 wit:
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6-20-91
rp-gnlaT
meeting thereof, held on
July
, 1991, by the following vote, to-
RESO: AUTHOR1ZING EXECUTION OF AGREEMENT WITH
CORPORATION RELATING TO TRACT NO. 13354.'
FORECAST
1 Council Members: AYES NAYS ABSTAIN
2 ESTRADA x
3 REILLY x
4 HERNANDEZ x
5 MAUDSLEY x
6 MINOR x
7 POPE-LUDLAM x
8 MILLER x
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10 ~y~
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The foregoing resolution is hereby approved this 16th
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day of July , 1991.
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Approved as to form
16 and legal content:
o omb, Mayor
of San Bernardino
17 James F. Penman
City Attorney
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Res. 91-320
AGREEMENT
CONSTRUCTION OF STORM DRAIN
FOR
NORTH "H" STREET -- 40TH TO NORTH PARK BOULEVARD (7-BI8)
of July
BERNARDINO,
"C; ty", and
"Forecast".
THIS AGREEMENT is entered into thi s 16th
, 1991, between the
a municipal corporation, hereinafter
the FORECAST CORPORATION, hereafter
day
CITY OF SAN
referred to as
referred to as
RECITALS
WHEREAS, Forecast and City desire to provide flood
protection through the construction of a storm drain in North "H"
Street from 40th Street to North Park Boulevard; and
WHEREAS, City and Forecast desire to enter into an
Agreement setti ng forth the terms and condi ti ons under whi ch the
Forecast wi 11 contri bute and advance the necessary funds and
construct the storm drain, for the benefit of the proposed
Development and future development.
COVENANTS
NOW, THEREFORE, in consideration of the mutual promises
of the parties hereto and of the covenants and conditions
contained herein, City and Forecast agree as follows:
SECTION 1.
CONSTRUCTION
Forecast shall prepare construction plans, specifica-
tions and an estimate, and seek competitive bids for construction
of the storm drain in the manner in which it is authorized by law
to conduct said bidding. Upon receipt of said bids, Forecast
shall thereafter determine the lowest responsible bidder and
award to that bidder or otherwi se reject all bids and rebid the
project. In the event that the low bid is in excess of the
Engineer's Estimate, Forecast shall obtain the written approval
of City prior to awarding the contract. Forecast shall
thereafter administer the construction of the storm drain to its
completion in accordance with its normal practices and
procedures. Inspection shall be by City.
SECTION 2.
COST OF CONSTRUCTION
Forecast shall fully fund the construction of the storm
drain subject to reimbursement by City, as provided in Section 3
hereof.
EXHIBIT "A"
AGREEMENT: CONSTRUCTION OF STORM DRAIN FOR NORTH "H" STREET
40TH TO NORTH PARK BOULEVARD
SECTION 3.
REIMBURSEMENT OF FORECAST
City shall reimburse Forecast for the portion of the
construction contract equal to the actual storm drainage fees to
be assessed against lots in Tract No. 13554 without interest,
over a two (2) year period in two (2) equal annual installments.
The first installment shall be due one (1) year from the date of
construction by Forecast. Total lot area subject to fees is 286
lots with a combined total area of 2,281,959 square feet per the
recorded final map. Storm drainage fees per Resolution 88-114
are $0.110 per square foot. Total fees are estimated at
$251,015.49.
In no case will City reimburse in advance of collection
of fees which are due at building permit issuance. Forecast
shall submit copies of permits for which reimbursement is
requested by June 1st of each year.
SECTION 4.
HOLD HARMLESS
Forecast shall hold harmless and indemnify City, its
City Council, and its officers and employees, from every claim or
demand of whatever nature which may be made by reason of
Forecast's construction of the storm drain under this Agreement.
Forecast at its own cost, expense and risk shall defend any legal
proceedi ngs whi ch may be brought agai nst Ci ty on any cl ai m or
demand of whatever nature arising out of construction of the
storm drain under this Agreement and shall satisfy any judgement
that may be rendered against any of them. Forecast shall notify
the City of the receipt of any such claim or demand.
City shall hold harmless and indemnify Forecast from
every claim or demand of whatever nature which may be made by
reason of Ci ty' s performance under thi s Agreement. Ci ty at its
own cost, expense and risk shall defend any legal proceedings
that may be brought against Forecast, its officers and employees,
on any cl aim or demand of whatever nature ari si ng out of its
performance under this Agreement.
SECTION 5.
DESIGNATED REPRESENTATIVE
sentatives
behalf of
follows:
The parties hereby designate their respective repre-
who shall have sole and complete authority to act on
the parties on all aspects of this Agreement as
City:
Roger G. Hardgrave
Director of Public Works/City Engineer
Forecast:
-2-
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AGREEMENT: CONSTRUCTION OF STORM ORAIN FOR NORTH "H" STREET
40TH TO NORTH PARK BOULEVARO
Each party shall have the right, from time to time, to
designate a different representative by notice given as provided
herein.
SECTION 6.
ENTIRE AGREEMENT AND MODIFICATION
Thi s Agreement expresses the whole Agreement between
the parties, there being no representations, warranties, or other
Agreements not herein expressly set forth or provided for. No
change or modification of or addition to this Agreement shall be
valid unless the same shall be in writing and signed by both
parties hereto.
IN vJITNESS \~HEREOF, the parties heretu have executed
this Agreement on the date and year set forth below.
July 16, 1991
CITY OF SAN BERNARDINO
Dated:
ATTEST:
C~~
Dated: '-~
~i
".'
} 'l q \
FORECAST CORPORATION
By:
r
Approved as to form
and 1 egal content:
,James F. Penman
City Attorney
B~
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