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Home My WebLink About1986-331 10 11 12 13 14 ]5 1 RESOLUTION NO. 86-331 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REIM3URSEMENT AGREEMENT WITH THE HILL WILLIAMS DEVELOPMENT CORPORATION 3 RELATING TO THE EXTENSION OF PIEDMONT DRIVE ADJACENT TO A.P.N. 285-181-35 (EXPIRED TENTATIVE TRACT NO. 10722). 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City a Reimbursement 8 Agreement with the Hill Williams Development Corporation relating to the extension of Piedmont Drive adjacent to A.P.N. 285-181-35 (expired Tentative 9 Tract No. 10722), a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length, but such award will be effective only upon the contract being fully signed. SECTION 2. Execution and Amendments. This agreement and any amendments or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated 16 , hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall 17 18 not be implied from any act or course of conduct of any party. I HEREBY CERTIFY that the foregoing resolution was duly adopted ]9 by the Mayor and Common Council of the City of San Bernardino at a 20 2] regular meeting thereof, held on the day of 18th Al1g11qt , 1986, by the following vote, to-wit: 22 23 AYES: Estrada. Reillv. Hernandez. Council Members 24 Mr''I1.....kr. Ollipl Frazier. Strickler NAYS: l\1nnp 25 ABSENT: Nnnp 26 27 ~?f//I/1f?f/f? ,/ ity erk 28 20 2] 22 23 24 25 26 27 28 II ] The foregoing resolution is hereby approved this ,~K day 2 of .b.llGllRt , 1986. 3 4 5 6 7 Approved as to form: 8 9 4 Vc7 ,# C2~/;I/:-~-t/ City At rney 10 ]] 12 13 ]4 15 16 17 ]8 19 - 2 - the City of Pro Tempore San Ber rdino -----+.. ( ,/ ~- -~ /, - " , RE~ JlGREEJoIENl' POOPaiED PlUJEcr 00R'm OF PIEDKlNI' DRIVE EXTENTION A.P.N. 285-181-35 (Expired Tentative Tract No. 10722) As consideration for work performed by the City of San Bernardino, or his contractor, on the extent ion of Piedmont Drive, adjacent to our project on the north side of the Piedrront Drive extention north of Tentative Tract No. 13329, prior to the development of the tract, The Hill Williams Development Corporation hereby agrees (subject to the following conditions), to reimburse the city for costs normally incurred if the street construction was to occur concurrently with our development. This agreement shall become valid upon approval of final plans and recordation of a final tract map on the subject property. CONDITIONS 1. srnPE OF WJRK A) paving pay quantity shall be to centerline of street. B) Grading for Pledrront Drive would normally be done at the same time as the tract gradwg. The grading of Piedrront Drive prior to the interior lot grading may require additional work on-site. Any additional grading cost for lots front- ing Piedmont Drive caused by "out of sequence" grading opera- tions will be subtracted from said reimbursement amount paid by the developer to the city. C) Storm Drain - Required storm drain extensions within Piedrront Drive for this proposed project will be reimbursable. However, if the extent ion is not required for the project, reimburse- ment will not be a part of this agreement. D) Curb and gutter, sidewalk, street light work, trenching for street light conduit, if installed will be considered a reirTtlursable item. Cost for asphalt saw cutin3 an:] rElll:Nal trench compaction and testing and re-paving of a utility trench, (or street crossing) that would normally be avoided due to installation of all utility crossings or installations prior to paving shall be deducted from said reirTtlursement amount paid by the developer to the city. (The city may q:>t to leave the final lift of AC paving approximately It inches low so that if this situation occurs, the final ~ourse of AC pavement could be placed by the developer in one continuous operation. The sawcut, removal and patch would still be non-reimbursable.) EXHIBIT "A" ~ 2. SPECIAL a:tIDITIOOS/IW;lUIREMENrS OJNCEERNIN3 SUBJECr POOPERTY: A) The city is advised that the site is presently utilized as a citrus grove. This grove will be maintained as an operational producing grove until the start of grading for the development project north of the Piedmont Drive extension. The city or city's contractor shall be responsible for any damage to the grove, irrigation facilities, graded irrigation troughs etc, and repair, replace or relocate said facilities at their cost. Said repair costs are not a reimbursable item. B) The repair of any irrigation facility damaged during the construction of the extent ion of Piedmont Drive shall be done wi thin a 24 hour per iod. The ci ty shall contact the owner immediately at (714)921-0509 to notify him of the extent of the damage and how and when it will be repaired. C) Since the location of the intersecting north-south street withw the proposed development north of Piedmont Dnve has not been established yet, curb and gutter constructed on the north side of Piedmont Dr i ve wi 11 have to be sawcut and reTTDved to accomodate the construction of curb returns, cross gutter, and spandrel. The cost of sawcut, remval, hauling, dumping of curb and gutter, and asphalt to accomdate this construction will be subtracted from the total reimbursement paid by the developer to the City of San Bernardino. 3. DETERMINATION OF UNIT PRICES FOR PAY QUANI'ITIES. Due to the tendancy of contractor's bid pr ices for public wor ks construction to be higher than that of bid prices for constructlon work done in the private sector, the unit prices for pay quantltles will be determined as follows: A) Pay quantities will be determined from plans on file with the city engineer. jt ~ c .Q " 0 "- 0 u ci :J '" '9 <0 " . eo .. ~ M " " U d ; Z t . ~ . iii prices paid by the developer to the city will be based the following: The developer will submit approved plans to his contractor for a formal bid. 2. The contractor will also furnish other previous bids given to the same developer on similar type work, ie: if pavement section is 4" A.C. over 6" B.M. on Piedmont Drive, the con- tractor will submit a previous bid (different project) on the same item and scope or work (4" A.C. over 6" B.M.). The substantiating bid will be dated no more than 18 months prior to start of city construction. 3. With the developer I s contractor's project bid, contractor's substantiating previous bids for similar work, and the actual contract between Hill Williams Development Corporation and the contractor an equitable unit price that the developer normally pays for the work will be determined. 4. This unit price times the quantities built (less additional charges mentioned above) will be the basis for payment of reimbursement paid by developer to the city. In no case shall the amount reimbursed by the developer exceed the amount the city actually paid for the item of work. B) Unit upon 1. 4) TIMI~ OF PAYMEm' OF REIMBURSEMENl' BY DEVEIDPER TO CITY: A) Payment of reimbursement by developer shall be prior to final approval and acceptance of public street improvements and bond release by the City of San Bernardino. B) There will be no payment of interest by the developer to the city on any portlon of the reimbursement. RESOLVED AND AGREED uroN THIS /2.--11, DAY HILL WILLIAMS DEVEIDPMENI' mRPORATION. (7\ STATE OF cALI~ } COUNTY OF .I /1-'& {-. __ 5S On this the---L2-=___ day oL~~~,f._;--_____ 19%1=_ before me, the undersigned. a ~otary Public in and for Siiid County and State, personally appeared luuJdJ"'J? .ft, ~~-'-/~~/~. ________u __ ___________, personally known to me or proved to me on the basis of satisfactory evidence to be the__ President, and~.~i>. .1i'~.il'.L1~._J/t.. ___, personally known to me or proved to me on the basis of satisfactory evidence to be Secretary of the corporation that executed the within instrument on behalf of the rperatian therein named, and acknow- ledged to me that corporation executed the within instrument pursuant to its b - ws or a resolution of i ard of directors. Signatur n__~izd~'~ OF A"1"st , 1986 BY THE Jf/W yJY/A9 STEWART TITLE COMPANY OF SOUTHERN CAUFORNIA FOR NOTARY SEAL OR STAMP . OFFlCIAl""L VICTOR A GENGLER NOTAR'f' PUSLKX:ALlfORNIA . ORANGE COUNTY IlY COMM. EXP. JAN. 23.1990 B) Unit upon prices paid by the developer to the city will be based the following: The developer will submit approved plans to his contractor for a formal bid. 2. The contractor will also furnish other previous bids given to the same developer on similar type work, ie: if pavement section is 4" A.C. over 6" B.M. on Piedmont Drive, the con- tractor will submit a previous bid (different project) on the same item and scope or work (4" A.C. over 6" B.M.). The substantiating bid will be dated no more than 18 months prior to start of city construction. 3. With the developer' s contractor's project bid, contractor's substantiating previous bids for similar work, and the actual contract between Hill Williams Development Corporation and the contractor an equitable unit price that the developer normally pays for the work will be determined. 4. This unit price times the quantities built (less additional charges mentioned above) will be the basis for payment of reimbursement paid by developer to the city. In no case shall the amount reimbursed by the developer exceed the amount the city actually paid for the item of work. 1. 4) TIMI!'l; OF PAYMEm' OF REIMBURSEMENI' BY DEVEIDPER 'ill CITY: A) Payment of reimbursement by developer shall be prior to final approval and acceptance of public street improvements and bond release by the City of San Bernardino. B) There will be no payment of interest by the developer to the city on any portion of the reimbursement. RESOLVED AND J\GREED uroN 'IllIS /2.--11, DAY OF A t.l1t(~ t , 1986 BY 'IllE HILL WILLIAMS DEVEIDPMENr CXJRroRATIOO~ If ~ """"1. H. Willi_, ". ~ President and Secretary RESOLVED AND J\GREED UPON nus c:;jff DAY OF ~ THE MAYOR AND CITY rnuNCIL OF THE CITY OF SAN BERNARDI . =~: maiO/<.. PRo';- , 1986 BY !-:l/- t? Name : Title: