HomeMy WebLinkAbout1987-375
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RESOLUTION NO. 87-375
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SIERRA GATEWAY PARTNERS RELATING
TO UNDERGROUNDING OF UTILITIES IN CONNECTION WITH DEVELOPMENT OF
THE SHOPPING CENTER AT 40TH STREET AND SIERRA WAY.
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
hereby authorized and directed to execute, on behalf of said
city, an agreement with Sierra Gateway Partners relating to the
undergrounding of utilities 1n connection with development of the
shopping center at 40th Street and Sierra Way, which agreement is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. The agreement shall not take effect until
fully signed and executed by both parties.
The City shall not be
15 obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
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or authorized.
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I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
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Bernardino at a regular
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meeting thereof, held on the 19th
21 day of
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10/13/87
October ,1987, by the following vote, to-wit:
AYES: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS: None
ABSENT: None
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City Clerk
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1 The foregoing resolution is hereby approved this ~/
2 day of 6Je:t-~1 , 1987.
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8 Approved as to form
and legal content:
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10/13/87
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A G R E E MEN T
THIS AGREEMENT entered ir.tc this .51Lt.._ day of /"'fl~
1987, by and between the City of San Bernardino, a charter city
("City"), and -5/~ ~~y PAtrNe2S("Develcper").
WITNESSETH:
WHEREAS, the City has instituted a program of undergrcunding
utilities within the City in a gradual process as property is
developed; and
WHEREAS, such undergrounding is in the best interests of the
health and safety of the community; and
WHEREAS, developer seeks an entitlement from the City but
desires to pay the cost of undergrounding of utilities over a
longer period of time; and
WHEREAS, City is willing to cooperate in allowing a longer
period of time to pay such costs.
NOW, THEREFORE, the parties heretc agree as follows:
1. The property which is the subject of this Agreement is
described in Exhibit "A" attached hereto and incorporated herein;
2. The specific area to be undergrounded is described in
Exhibit "B" attached heretc and incoq:orated herein;
3. The currently estimated cost for undergrounding of these
utilities is $ ~O,O~OJL The parties understand that the
actual cost of undergrounding may vary from the current estimate.
4. City agrees to waive the immediate requirement of the
undergrounding of the utilities described in Exhibit "B". Within
ten (10) years from the date of this Agreement, City may
undertake the undergrounding of said utilities. At such time
City, at its option, may collect the actual cost of such
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undergrounding on the tax roll applicable to all property covered
in Exhibit "A" or may request Developer or his successor(s) in
interest to execute a Deed of Trust for the actual cost. Said
amount shall be paid in semi-annual payments for a period not to
exceed five (5) years, plus interest at the rate of ten (10)
percent per annum. Should City decide to use the Deed of Trust
and should Developer or his successors in interest fail or refuse
to execute said Deed of Trust, City may use whatever remedy it
may have to collect said amounts, or at its option, it may place
said amounts plus interest on the tax roll.
5. If City does not underground said utilities or fund said
undergrounding within the ten (10) year period, Developer shall
have no further obligation hereunder.
6. This Agreement may be recorded and shall become a lien
on the property described in Exhibit "A".
7. Developer or his successor(s) in interest may release
this lien at any time by undergrounding the utilities, if before
the City has done so, or by paying the full cost of such
undergrounding if the City has already done so. Upon such
occurrence, City shall execute and record a release of lien.
8. If Developer or his successor in interest disagree with
the amount of the undergrounding, he may appeal that amount to
the Mayor and Common Council which decision shall be final.
9. This Agreement shall not create between the parties the
relationship of employer-employee, principal-agent, partnership
or any other relationship except as specifically outlined herein.
10. Waiver by the City of any breach of this Agreement
shall not be construed as a waiver of any other breach.
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1 11. 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:
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City
City Administrator
300 North "D" Street
San Bernardino, CA 92418
Nothing in this paragraph
Developer
"'51~,.u. GA~Y ~~5
14q (&,4- V/3N/u/M- 1bt.\JD
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shall be construed as preventing
9 the giving of such notice by personal service.
10 IN WITNESS WHEREOF, the parties hereto have executed this
11 Agreement on the day and date first above shown.
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ATTEST:
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Approved as to form
and legal content:
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Ci ttorne
CI~F SAN BERNARDINO
By ~J!:/~
Tit Ie
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EXHIBIT !'A"
All that real property described as follows}
Parcels I, 2, 3, 5, 6, 7, 8 and 14 as shown on Parcel Map No. 9521
recorded in Book 106 pages 65 - 67 of Parcel Maps at the Office of
the County Recorder, San Bernardino.
EXHIBIT "B"
LINE ONE:
Beginning at the power pole on the Northwest corner
of 42nd Street and Gaines Alley, thence Southeasterly to a pole
on the south side of 42nd Street, thence easterly to the first
pole easterly of the centerline of Sierra Way on the south side
of 42nd Street.
LINE TWO:
Beginning at the double power pole located approximately
235 feet Northerly of the centerline of 40th Street and
approximately 160 feet easterly of the centerline of Mt. View
Street; thence southerly and southeasterly to the first pole
southerly of the centerline of 40th Street.
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STATE OF CALJ.I;QRNI~_ '" , ......
COUNTY OF ;:>t!1-' ~"'/JfI~ND
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said State, personally appea:eti ~A-u. L MAX
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,before me, the undersigned, a Notary Public in and fOf . i
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personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same.
WITNESS my hand and official seal.
Sigoature~~~c4AYO /
. OFFICIAL SEAL
KATHARINE PEAKE
. . NOTARY PUBUC - CAUFORNIA
SAN BERNARDINO COUNTY
My Cornm. Expires Sept. 27.1991
(This area for official notarial seal)
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