HomeMy WebLinkAbout1990-425
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RESOLUTION NO. ftJ -y,;( S-
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A DEVELOPMENT AGREEMENT WITH CENTURY HOMES
COMMUNITIES RELATING TO INSTALLATION OF OVERSIZED SEWER MAIN IN
PORTOLA AVENUE TO SERVE TRACT NO. 14185.
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
7 to execute on behalf of said City a Development Agreement with
8 Century Homes Communities, a California Corporation, relating to
9 reimbursement of additional costs for installation of a sewer
10 main in Portola Avenue of a greater depth and larger size, to
11 serve Tract No. 14185, a copy of said agreement is attached
12 hereto, marked Exhibit "A", and incorporated herein by reference
13 as fully as though set forth at length.
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SECTION 2.
This agreement and any amendments or
15 modifications thereto shall not take effect or become operative
16 until fully signed and executed by the parties and no party shall
17 be obligated hereunder until the time of such execution. No oral
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agreements, amendments, modifications or waivers are intended or
authorized and shall not be implied from any act or course of
conduct of any party.
SECTION 3.
This resolution is rescinded if the parties
22 to the agreement fail to execute it within sixty (60) days of the
23 passage of this resolution.
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9/13/90
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RESO:
AUTHORI~ING' EXECUTION OF AGREEMENT WITH CENTURY HOMES
COMMUNITIES RELATING TO INSTALLATION OF SEWER MAIN IN
PORTOLA AVENUE TO SERVE TRACT NO. 14~85.
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 ./Lio&;~ meeting thereof, held on the
~(~~ ,1990, by the following vote, to-
4 /5ht day of
5 wit:
6 Council Members:
7 ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
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16
AYES NAYS
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ABSTAIN
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is hereby approved this Jf, ZJ...
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The foregoing resolution
& . 1
/~ / , 1990.
/
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day of
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W. R.' Holcomb,
Ci ty of San
21 Approved as to form
and legal content:
22
James F. Penman
23 City Attorney
24 11 I~
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25 BYW~
26 (J
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28 9/13/90 2
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A G R E E MEN T
AGREEMENT entered into this r; h'-./' day of
, 1990, by and between the City of San Bernardino,
a charter city ("City"), and CENTURY HOMES COMMUNITIES, a
California Corporation (Subdivider).
THIS
'1!t~
WITNESSETH:
WHEREAS, Subdivider is developing Tract No. 14185,
located southwesterly of Cajon Boulevard and northerly of Portola
Avenue; and
WHEREAS, Subdivider is installing normal infrastructure
improvements, such as paving, curbs and gutters, sidewalk, sewer,
etc.; and
WHEREAS, Subdivider is negotiating to acquire about 110
acres northwesterly of the Devil's Canyon Diversion Channel, as
shown on the map attached as Exhibit "JO"; and
WHEREAS, sewer service can best be provided to the 110
acres by extension of the sewer main being installed in Portola
Avenue to serve Tract No. 14185; and
WHEREAS, Subdivider is installing a 12-inch sewer main in
Portola Avenue, in lieu of the 8-inch sewer main needed to serve
Tract No. 14185, in order to provide sufficient additional
capacity to serve the 110 acres; and
WHEREAS, the 110 acres is not presently within the City
limits, but is within the City's Sphere of Influence; and
WHEREAS, it is the City's policy that only properties
wi thin the corporate limits can be served by the City sewage
system; and
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20 main is completed, Subdivider agrees to submit a certification of
21 the actual costs incurred.
22 3. This Agreement shall be null and void, in the event
23 that the 100 acres is developed without having been annexed to
WHEREAS, the oversized sewer main in Portola Avenue is
being installed at a greater than normal depth, in order to allow
an extension under the Devil's Canyon Diversion Channel to serve
the 110 acres; and
WHEREAS, Subdivider and City desire to specify the terms
under which the Subdivider can be reimbursed for the additional
costs incurred for oversizing the sewer main in Portola Avenue,
in the event the 110 acres is developed by some party other than
the Subdivider.
NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS:
1. City agrees to impose a condition of approval for
development of the 110 acres, or any portion thereof, that the
proportionate cost of oversizing the sewer main in Portola Avenue
shall be paid to the City, for reimbursement to Subdivider.
2. Subdi vider has provided City with an estimate of
$44,794.00, for the differential in cost for increasing the size
of the sewer main, from a-inch to 12-inch, and installing at an
extraordinary depth to allow extension under the Devil's Canyon
Diversion Channel. After construction of the oversized sewer
24 the City of San Bernardino, or by Subdivider.
25 5. This Agreement shall terminate 10 years after the
26 effective date.
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1 6. This Agreement shall not create between the parties
2 the relationship of employer-employee, principal-agent,
3 partnership or any other relationship except as specifically
4 outlined herein.
5 Waiver by the City of any breach of this Agreement shall
6 not be construed as a waiver of any other breach.
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1 7. Any notice to be given under this Agreement shall be
2 given from one party to the other, in writing, by deposit in the
3 United States Postal Services, postage prepaid and addressed as
4 follows:
5
City
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City Administrator
300 North "D" Street
San Bernardino, CA. 92418
Nothing
in this
Subdivider
Century Homes Communities
P. O. Box 8110
San Bernardino, CA 92408
paragraph
shall be construed as
preventing the giving of such notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
ATTEST:
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Approved as to form
and legal content:
James F. Penman
City Attorney
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BY' ~ ',~,-
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CITY OF SAN BERNARD
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SUBDIVIDER
BY:l2L.J~~
RICHARD UAVALUS
Ti tle ASSISTANT SECRETARY
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