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Home My WebLink About28-Public Works , CITY OF SAN BER,QRDINO - REQU~~~ ~~l~~J~l~~L ACTION . From: ROGER G. HARDGRAVE ;\[:;'Q.-ADH1~~br~' F:~a ('::'p i n l..\\ 7; 1,4 Public works/Engineering' J_ Authorization to Execute Agree- ment with Century Homes Reimbursement of Cost for Over- sizing Sewer in Portola Avenue Dept: Date: 9-13-90 Synopsis of Previous Council action: None. Recommencl8d motion: Adopt resolution. cc: Shauna Edwins Jim Penman /1) V;-.;rec ~~" Signature / tb Supporting deta attached: Roger G. Hardgrave Staff Report, Agreement, Resolution & Map Phone: 5025 Contact person: Ward: 6 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notas: /i 75-0262 Agenda Item No ~ . ~.".=-'. -- '~ITY OF SAN BERNCtDINO - REQUEST POI COUNCIL ACTION STAFF REPORT Installation of a sewer main in portola Avenue was a required public works improvement for Century Homes in the development of Tracts No. 14184 and 14185. During development of these tracts, Century Homes commenced negotiations to acquire approximately 110 acres northwest of Devil's Canyon Diversion Channel. The most feasible method of providing sewer service to the 110 acres is by extension of the sewer main being installed in portola Avenue. However, it will be necessary to install the sewer main at a greater depth and larger size, in order to serve the 110 acres. Installing the sewer main at greater than normal depth and with a longer diameter will result in additional costs being incurred. Century Homes fully expects to acquire the 110 acre parcel, but has requested the City enter into the attached Agreement as a guarantee that they will recover the additional costs for oversizing the sewer, in the event their negotiations are unsuccessful. The proposed Agreement provides, in general, that the City will impose a condition of approval for development of the 110 acres that the cost of oversizing the sewer shall be paid to the City for reimbursement to Century Homes. The Agreement will become null and void in the event that Century Homes develops the 110 acres, or if it is not annexed to the City. We feel the Agreement is equitable to Century Homes, since it ensures that they will not incur costs for providing sewer service for another developer. Therefore, we recommend that the Agreement be approved. 9-13-90 75-0264 II o o 1 2 3 4 5 6 7 8 RESOLUTION NO. 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 to execute on behalf of said City a Development Agreement with Century Homes Communities, a California Corporation, relating to 9 reimbursement of additional costs for installation of a sewer 10 main in Porto1a 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. 14 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 18 agreements, amendments, modifications or waivers are intended or 19 authorized and shall not be implied from any act or course of 20 conduct of any party. 21 22 23 24 25//// 26//// 27 28 SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / 9/13/90 RGH:rs II K.t."U: " "'0 HivK.i.".i.N", .t.A.t.l.Vl'.l.()N O~ Ac"REEMENT WITH CENTURY HOMES COMMUN.T'J'IF.S PF.T.ATING TO INSTALLATION OF SEWER ~.1'.IN IN PORTCe) AVENUE TO SERVE TRACT NO::)4185. 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 meeting thereof, held on the 4 day of , 1990, by the following vote, to- 5 wit: 6 Council Members: AYES NAYS ABSTAIN 7 ESTRADA 8 REILLY 9 FLORES 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk The foregoing resolution is hereby approved this day of , 1990. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James J!'. Penman City Attorney ./~ 9/13/90 - 2 - . 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 II " 1- o o ~Q~~~!:!~!!! THIS AGREEMENT entered into this day of , 1990, by and between the City of San Bernardino, a charter city ("City"), and CENTURY HOMES COMMUNITIES, a California Corporation (Subdivider). WITNESSETH: WHEREAS, Subdivider is developing Tract No. 14185, located southwesterly of Cajon Boulevard and northerly of Portola Avenue 1 and WHEREAS, Subdivider is installing normal infrastructure improvements, such as paving, curbs and gutters, sidewalk, sewer, etc.1 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 ";S"1 and WHEREAS, sewer service can best be provided to the 110 acres by extension of the sewer main being installed in porto1a Avenue to serve Tract No. 141851 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 acreS1 and WHEREAS, the 110 acres is not presently within the City limits, but is within the City's Sphere of Influence1 and WHEREAS, it is the City's policy that only properties within the corporate limits can be served by the City sewage system1 and . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Ii o o 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. Subdivider has provided City with an estimate of $44,794.00, for the differential in cost for increasing the size of the sewer main, from 8-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 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 24 the City of San Bernardino, or by Subdivider. 25 5. This Agreement shall terminate 10 years after the 26 effective date. 27 I I I I 28 I I I I - 2 - . II .. o o 1 6. This Agreement shall not create between the parties 2 the relationship of employer-employee, principal-agent, S 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. 7//// 8//// 9//// 10 / / / / 11 fill 12 / / / / 13 / / / / 14 / / / / 15 / / / / 16 / / / / 17 / / / / 18 / / / / 19 / / / / 20 / / / / 21 / / / / 22//// 23//// 24.//// 25//// 26 / / / / 27 / / / / 28//// j " - 3 - II o o 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 7. Any notice to be given under this Agreement shall be given from one party to the other, in writing, by deposit in the Unite~-States Postal Services, postage prepaid and addressed as follows: City Subdivider City Administrator 300 North "D" Street San Bernardino, CA. 92418 Century Homes Communities P. O. Box 8110 San Bernardino, CA 92408 Nothing in this 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. CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk SUBDIVIDER By Title Approved as to form and legal content: James F. Penman City Attorney - 4 - ~ ~ ~ g' c u..c '0 c .. u w.... 0 45 ~ itZ'j .. " 0 o.c""l " ",,0': ::::I~e :: .'.'.:If" ..~ .~~~.: "'......... :..." ......." fh~ . c" g , :P::~I ".. I.... o. 0... .... ....tu. . .~ al'~g j.OS jl"';~l ...e".... iU<'l ~. " Gooel iU11 :UI "'''Ii "'j.c: lill . .. ....11 .u ~3~r' r.j. ............::11 :I e..... .... .....e · t... .~ ..... lot. > . e :. ~ l > oe.>3c . .oe .~ . . . 111>.0 1"'\ 0..... Blg~~ u ~ .V. .3 t: ,e.!::U ~ :=-2 ...u.c .". c" III.... ~u. ....5::~= -5"",:=5 . .~.!.. cog.... . . ~. ..... :..::c :!f;;: !.I~i~ i ..), ....u~~ . ... ...... S ~ ....a.... .a.....ao 0040.,U ..:......... 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