HomeMy WebLinkAbout1990-345
,J -,
I "'
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. '/O~ </~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DOMINIQUE MOREL AND ED LEONELLI RELATING TO CERTAIN LANDSCAPING.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an Agreement between the City of
San Bernardino and Doninique Morel and Ed Leonelli relating to
certain landscaping attached hereto as Exhibit "A" and
incorporated herein.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
~PLt,V
./ ",
, 1990, by
meeting thereof, held on the t.'{ L
day of
(jladlu..{
I
Members:
ABSTAIN
the following vote, to wit:
Council
AYES
NAYS
ESTRADA
REILLY
1.//
FLORES
/
MAUDSLEY
L/'/
MINOR
all
POPE-LUDLAM
./
../
MILLER
,/-) ~
~. /A/A(). "If-,
,t'L~. ./
Ci t -Clerk . ~~(l
DAB/SeS/Authsig3.res
July 6, 1990
1
, '
.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
2 DOMINIQUE MOREL AND ED LEONELLI RELATING TO CERTAIN LANDSCAPING.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
The foregoing resolution is hereby approved this 7(~ day
4
;!t1'CJMt:
(J
, 1990.
of
5
6
7
8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
City Attorney
By: ~~.f~
U .
DAB/ses/Authsig3.res 2
July 6, 1990
(-)
/ -:J
/~~~4
M~y,6r Pro. Tern. .
City of San Bern~dino
~
1
2
3
AGREEMENT
THIS AGREEMENT is entered into as of this
2y'if
4 day of /J',;:/,?~)f 1990, by and between the CITY OF SAN
5 BERNARDINO, a charter city ("City"), and DOMINIQUE MOREL and ED
6 LEONELLI ("Developer").
7 WITNESSETH:
8
A.
WHEREAS,
the City has instituted a program of
9 undergrounding utilities within the City in a gradual process as
10 property is developed; and
11
B.
WHEREAS, such undergrounding is in the best interests
12 of the health and safety of the community; and
13
C.
WHEREAS,
developer seeks to incur the cost of
14 establishing and maintaining certain on-site and off-site
15 landscaping in lieu of incurring the costs of undergrounding
16 utilities; and
17
D.
WHEREAS, City is willing to cooperate in allowing the
18 establishment and maintenance of such landscaping in lieu of
19 compliance with the requirement to underground utilities.
20 NOW, THEREFORE, the parties hereto agree as follows:
21
1.
The property owned by Developer, which property is the
22 subject of this Agreement, is described in Exhibit "A" attached
23 hereto and incorporated herein.
24
2.
The specific area to be under grounded is described in
25 Exhibit "B" attached hereto and incorporated herein.
26
3.
The specific area to be landscaped hereunder is
27 described as "Landscape" in Exhibit "C" which is attached hereto
28 and incorporated herein.
JFW/bg [Morel8.Agr]
July 30, 1990
1
1
4.
In lieu of undergrounding of utilities or payment of a
2 fee therefor, with respect to the undergrounding requirements
3 described in Exhibit "B" hereto, and prior to issuance of a
4 Certificate of Occupancy for the subject development:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a)
Developer agrees to construct, or cause to be
constructed, the installation of street and
drainage improvements along the frontage of Ninth
Street, of the property described in Exhibit "A".
Plans for such installation are to be submitted
to City within 45 days after execution of
Agreement.
The work of installation will be
completed within 120 days after approval of
plans by the City.
The street and drainage
improvements shall be constructed in accordance
with approved drawings to be placed on file in
the office of the Director of Public Works/City
Engineer.
b)
The Developer also agrees to construct, or cause
to be constructed, the installation of street and
drainage improvements along the north side of
Ninth Street, from the west line of the property,
set forth in Exhibit "A", to the bridge over the
East Twin Creek Flood Control Channel, within the
time periods set forth above.
The street and
drainage improvements shall be constructed in
accordance with approved drawings on file in the
office of the Director of Public Works/City
Engineer.
JFW/bg [More18.Agr]
July 30, 1990
2
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
1
2
3
c)
The City agrees to reimburse the Developer for
one hundred percent (100%) of the actual cost
incurred for installation of street and drainage
improvements, from the west line of the property,
described in Exhibit "A", to the bridge over the
East Twin Creek Flood Control Channel. Prior to
commencement of any work of construction
hereunder, Developer shall obtain three written
bids for the complete work described in (a) and
(b) above, from licensed contractors, and submit
same to the City Engineer for review and
approval.
Such approval shall be binding on
Developer as to the cost to be reimbursed for the
City's proportionate share.
d)
Any portion of the work performed by Developer
shall be reimbursed by City for one hundred
percent (100%) of the actual costs incurred for
City's proportionate share, but in no case shall
exceed one hundred percent (100%) of such
proportionate share of the low bid price.
e)
Any reimbursement for work described in (a)
through (d) above shall be made within thirty
(30) days from the date of acceptance of the work
by the City Engineer.
f)
with respect to any work performed hereunder, the
cost of which is to be reimbursed by City,
Developer shall require or maintain such bid
bonds,
materialmen bonds,
labor bonds,
JFW;bg [Morel8.Agr]
July 30, 1990
3
.
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
5.
performance bonds,
evidence of worker's
compensation, and other insurances as would be
required by the City for such work. Any contract
awarded hereunder shall contain all such
provisions as would be required for a similar
contract if awarded by the City.
In addition to the covenants set forth hereinabove:
a)
The Developer agrees to install, or cause to be
installed,
complete with an
landscaping,
automatic irrigation system, on the property
bounded by the sidewalk along Ninth Street, west
line of the property, described in Exhibit "A",
and a chain link fence along the southerly side
of the East Twin Creek Flood Control Channel all
as generally set forth in Exhibit "CO.
b)
1. For the 20-foot setback from street right-of-
way line,
the
landscaping and automatic
irrigation system shall be installed in
accordance with plans furnished by the Developer
and approved by the City Engineer.
Such
landscaping shall be consistent with the existing
landscaping to the east of the east property line
of the property described in Exhibit "A".
2 .
Between the setback line and chain link
fence, along the southerly side of the East Twin
Creek Flood Control Channel, all as generally set
forth in Exhibit "C", the landscaping may be of
lesser intensity and quality than within the
JFW/bg [More18.Agr]
July 30, 1990
4
,
1
2
3
setback area.
However, said lesser landscaping
shall, at a minimum, consist of trees and low
maintenance groundcover.
4
5
6
3.
All plans for landscaping shall be prepared
in accordance with the standards of the City
Department of Parks and Recreation and conditions
7
in the permit issued by the San Bernardino County
8
9
10
11
12
Flood Control District.
c)
Installation of landscaping shall be completed
within the time period set forth in Section 4(a)
of this Agreement.
6.
Developer shall pay any and all future costs of
13 maintenance of property landscaped pursuant to this Agreement.
14 Such property shall be maintained in a proper condition as
15 determined by the City Engineer in his sole discretion. Failure
16 of Developer to correct any deficiencies in such maintenance
17 within thirty (30) days written notice of same from the City
18 Engineer or a designee, shall constitute a breach of this
19 Agreement.
20
7.
Developer shall pay all costs of extending water and
21 electrical service to all properties described herein and shall
22 pay all future costs of the water and electricity for maintenance
23 of all properties landscaped pursuant to this Agreement with
24 specific reference to that portion of the landscaping within the
25 boundaries of the property currently owned by the San Bernardino
26 County Flood Control District.
27
28
8.
This Agreement shall not create between the parties
the relationship of employer-employee,
principal-agent,
JFW/bg [More18.Agr]
July 30, 1990
5
.'
1 partnership or any other relationship save that of independent
2 contracting parties under the terms specifically set forth
3 herein.
4
9.
Waiver by the City of any breach of this Agreement
5
shall not be construed as a waiver of any other breach.
Failure
6 by the City to exercise its remedies as to any breach shall not
7 be construed as a permanent waiver of such breach or of City's
8 right to enforce any provision of the Agreement.
9
10. Any notice to be given under this Agreement shall be
10 given from one party to the other, in writing, by deposit in the
11 united States Postal Service, postage prepaid, and addressed as
follows:
12
13
14
15
City
Developer
City Administrator
300 North "D" Street
San Bernardino, CA 92418
Dominique Morel & Edward Leonelli
425-D North Newport Boulevard
Newport Beach, CA 92663
16 Nothing in this paragraph shall be construed as preventing
17 the giving of such notice by personal service.
11. This Agreement represents the entire and integrated
18
19 Agreement between the parties hereto and supersedes all prior and
20 I contemporaneous negotiations, representations, understandings and
21 agreements, whether written or oral, with respect to the subject
22
matter thereof.
This Agreement may be amended only by written
23 instrument signed by both parties.
24
12. Developer covenants and agrees to defend, indemnify
25 and save harmless the City and its employees and agents from all
26 liabilities and charges, expenses (including attorney's fees),
27 suits or losses however occurring, or damages arising or growing
28 out of all active or passive operations under this Agreement.
JFW/bg [More18.Agr]
July 30, 1990
6
. .
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
13. This Agreement is hereby made binding on the heirs,
successors and assigns of the undersigned, and anyone taking
through their interest. Developer hereby covenants to place all
such persons on notice of the existence of and the provisions of
this Agreement.
14. As to breach of a covenant of this Agreement, City may
immediately enter the subject real property pursuant to that
easement for landscape maintenance attached hereto as Exhibit "CO
and by this reference made a part hereof.
Pursuant to such
easement, City shall perform such acts as are necessary to
install and maintain landscaping on the subject real property and
shall make the costs thereof a lien against the real property of
the developer as described in Exhibit "A" hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
ATTEST:
Q -"fL~
Ci~ Clerk
Approved as to form
and legal content:
DEVELOPER
By: ..5=>t:>..u...'......'iL<( \Q(e~
Dominique Morel, Owner
JAMES F. PENMAN,
City Attorney
By' r- 7ot--
rJ
By: cf~.~ee~
Edward Leonelli, Owner
JFW/bg [More18.Agr]
July 30, 1990
7
.
That portion of Lot 3, Block 42, Rancho San
Bernardino, in the City of San Bernardino, County of San
Bernardino, State of California, as per plat recorded in
Book 7 of Maps, Page 2, records of said County, lying
Southerly and Easterly of the Southerly and Easterly lines
of that certain Parcel of land conveyed to the San
Bernardino County Flood Control District, by Deed recorded
November 23, 1959 in Book 4988, page 539, official Records
of said County, and lying Southerly of the Southerly line of
that certain parcel of land conveyed to the San Bernardino
County Flood Control District by Deed recorded August 29,
1959, in Book 4915, page 168, Official Records of said
County.
EXHIBIT -A-
, .
The utilities, consisting of electrical, telephone and cable
TV lines, along the north side of Ninth Street, adjoining the
parcel described in Exhibit "A" of the Agreement, are to be
undergrounded,
EXHIBIT "B"
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL
300 North "D" Street
San Bernardino, California 92418
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASE'IENT
EDWARD LEONELLI and EVELYN LEONELLI, husband and wife and DOMIN [QuE :-10REL and
_n..n_dn......___.n_
._._nnn....n.n.n_...n__nnn_nn_____..__._n_._n_.._.nnn.nn.____.n_____..nn_n_...n....._n..____nnn.___._.unn.__.u_nu...-.-
MARIELLE D. MOREL, husband and wife
._._._d.__.nh..__._n._nnn___.n._n__.___....n~nnn-nn__-.....nnn.n_nn._nn__n_n_n__________n..n.___dn__..._n__n.__.__n...__...__nn_n.____n__un
(Grantor. Grantors)
FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged,
an easement for
Do ..umu Hereby Grant to the CITY OF SAN BERNARDINO, a Municipal Corporation, ....mum...hmmmmUmumumumum.
the maintenance of landscaping and appurtenant facilities, in, over, under and across
.__.d.n_._..____.___n._n__..__..._n______n_n___n___..nu_n_._._n.n______._n__._n_n.._nn_n____nn.___._nn___._____nn____.____.____._._nnn__.n_n____nn
the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
The South 20.00 feet of that portion of Lot 3, Block 42, Rancho San Bernardino, as
per plat thereof recorded in Book 7 of Maps, page 2, records of the County Recorder
at said County, lying Southerlv Mid Easterly at the Southerly and Easterly lines of
that certain parcel ot land conveyed to the San Bernardino County Flood Control
District by Deed recorded November 23, 1959 in Book 4988, page 539, Official Records
of said County, AND lying Southerly of the Southerly line of that certain parcel of
land conveyed to the San Bernardino County Flood Control District by Deed recorded
August 29, 1959 in Book 4915, page 168, Official Records of said County.
(SEE OVER)
EVELYN LEONELLI
EDWARD LEONELLI
MARlELLE D. MOREL
Dated um.mm..muuuuuumm__......m..m.__...., 19 u...m.
DO':ll>; IQUE MOREL
I ACKNOWLEDGEMENT OF GRANTOR:
This is to certify that the Interest In real property
conveyed by the within instrument to the City of San
Bernardino. California, a municipal corporation, IS hereby
accepted by order of the City CouncIl, and the grantee
consents to the recordation thereof by Its duly authorized
officer.
Dated nnnn_n_nn_______.._u._..nn__.n.nn_n_
CITY OF SAN BERNARDINO
ST ATE OF CALlFORNIA._m.....................................m...................
55.
COUNTY OF --..............................-........-......................................
On .........._............_.._...._...._......_..................................................
before me ._.............._......................_.............................................
a Notary Public in and for said County and State, personally appeared
________.___._n.._..___........____n._____..____._.._____n..____nn.....u.__.__._____...._____..__
By ___......___nun___._n_.___u_._n____._._n_n_
City Clerk
________.____..___.______________.____.._____._.___.____.....________...._________n...___________..n
.......___._..____..._____________...___n..____..._________..___.______n..____.._._____..__....__..u..
._u____n.._.__________________.__n_._____.._____._._._____..n.._.________________...______..___........
known to me to be the person ____. whose name .m. sub.
scribed to the within instrument and acknowledged that ...............
______...._.______ executed the same.
WITNESS my hand and official seal.
._._........______._...____..___....__.________n_..___.._._......__
L . Pllt. 9th St., ,"/U Til'peLdllOe
oca tlon __.__._n. n__..____u_n.n._n_._n_....nh__nn_n__.._..
Notary Public in and for said County and State
My Commission expires.._.................................... ...................m........
FOR NOTARY SEAL OR STAMP
._n.n.nn...._..___.._.__.___n__u._..nn..._......n._.___n_....--_.
. N 15.r12-li22
File. o. nm..mm.......__mmmm....m..n..m.....m___..
\.1\
,
EXHIBIT "e"
.
~
Entry onto the subject real property shall be made by tbe City or
employees at 511Ch times as the Grantor or his successors and assigns
install or fai!'s to maintain the landscaping as installed.
its agents
sha 11 f ai 1
,
or
to
Tbe easement herein granted shall include tbe right to enter the subject real
property and to perform such acts as are to be pprformed for the installation or
maintenance of the landscaping whicb is the subject hereof and to use such areas
adjacent to the easement as may be reasonably necessary for pprforming the work and
for access to the work during such installation or maintenance.
The easement berein granted shall also include tbe right to place a lien on
Grantor's property for the cost of such inst~llation or maintenance in tbe event
installation or maintenance becomes necessary as determined by tbe City.
the
such
The covenants herein are of and for the benefit
constitute a covenant running with the land. Such
Grantors, their heirs, successors and assigns.
of the subject property
covenants are binding on
and
the