HomeMy WebLinkAbout1987-386
,-
1
RESOLUTION NO. 87-386
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LIONEL HELLER RELATING TO
3 UNDERGROUNDING UTILITIES AT 455 SOUTH "0" STREET.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
5
6
7
8
9
10
11
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 Lionel Heller relating to the under-
grounding of utilities at 455 South "0" Street, 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
12
fully signed and executed by both parties. The City shall not be
13
14
15
16
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
I HEREBY CERTIFY that the foregoing resolution was
17
duly ado~d by the Mayor and Common Council of the City of San
18
Bernardino at a
regular
meeti ng thereof, hel d on the 2nd
19
day of
20
21
22
23
24
25
26
27
28 10/21/87
November
, 1987, by the following vote, to-wit:
AYES:
Counci 1 Members Estrada,Reilly, Flores, Maudsley,
Minor, Hiller
NAYS:
ABSENT:
None
Council Member Pope-Ludlam
~ .
1 The foregoing resolution is hereby approved this .yIe..L
2 day of November 1987.
,
3
4
5
6
Approved as to form
7 and legal content:
8
9 Ci~~)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10/21/87 - 2 -
EXHIBIT "A"
1
2
A G R E E MEN T
THIS AGREEMENT entered ir.tc this. 9'~!-:.. day of i~ ,
3 198i, by and between the City of San Bernardir.o, a charter city
4
("City"), and Lionel S. Heller
("Develcper") .
5 WITNESSETH:
6 WHEREAS, the City has instituted a program of undergrcunding
7 utilities within the City in a gradual process as property is
8 deve loped; and
9 WHEREAS, such undergrounding is in the best interests of the
10 health and safety of the community; and
11 WHEREAS, developer seeks an entitlement from the City but
12 desires to pay the cost of undergrounding of utilities over a
13 longer period of time; and
14 WHEREAS, City is willing to cooperate in allowing a longer
15 period of time to pay such costs.
16 NOW, THEREFORE, the parties heretc agree as follows:
17 1. The property which is the subject of this Agreement is
18 described in Exhibit "B" attached hereto and incorporated herein;
HI
20
21
22
23
24
2. The specific area to be under grounded is described in
Exhibit" e" attached heretc and incoq:orated hereir.;
I
3. The currently estimated cost for undergrcunding of the"el
utilities is $ 32.000 The parties understand that the i
!
actual cost of undergrounding may vary from the current
esti'!1dte. i
,
i
i
i
~.: i t h in I
c..
City agrees to waive the immediate requirement of the
25
undergrounding of the utilities described in Exhibit "e".
26
ten (10) years from the date of this A~reement, City may
2~1
undertake the undergroundir.g of said utilities. At such time
28 City, at its option, may collect the actual cost of such
1
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
,
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 "B''',
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 t~e
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.
2
"
1
2
3
4
5
6
7
11. Any notice to be given under this Agreement shall be
given from one party to the other, in writing, by deposit in the
United States Postal Services, postage prepaid and addressed as
follows:
9ty
City Administrator
300 North "0" Street
San Bernardino, CA 92418
Developer
Lionel S. Heller
202 West Hillcrest
San Bernardino, CA
Avenue
92412
8 Nothing in this paragraph 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.
12
13
14
15
16
17
18
19
ATTEST:
By
By
20 Approved as to form
~nri 10.........1 ...--....-- ~
}ss.
COUNTY OF
STATE OF CALIFORNIA
San Bernardino
October 19 , 1987 de ' ad. Notary Public in and lor said State, personallv appeared
. before me, the un TSlgn .
On
Lionel S. Heller was
. .denee to be the person(s) whose name Is)
personally known to me or proved to me on the bil:sis of satllf8Ctor'h ;'1 executed the same.
subscribed to the within Instrument and acknow'edged that
WITNESS my hand and official seal.
,
(Seal)
~-<S::. . OFFICIAL SEAL
:l,...l~. PATRICIA l. MORRISCoN
. -..' . ", NOTARY PUBLlC.CALlFC~NIA
.j.,.: . SAN BERNARDINO CO:"NTY .
~ My Commission Expires Apr. .. 1990
~,- /~~--~ '
(Notary Public's Signature)
023200 '.82* 2S PS
Individual Notaria~.A.cknow edgment
II
:
. . .
EXHIBIT "8"
Lots 29, 30, 31, 32, 33 and 34 of the White's Sub-
division No.2 as per plat recorded in Book 23 of Maps,
Page 31, records of the County Recorder, San Bernardino
County, State of California.
.
c
,'-
EXHIBIT "~
The ut1lity lines, electrical, telephone, and cable TV,
along the east side of "0" Street, adjoin1ng Lots 29 -
34.
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
2S
26
27
28
1
2
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
SS
3 I, SHAUNA CLARK, City Clerk in and for the City of San
Bernardino DO HEREBY CERTIFY that the foregoing and attached
4 copy of San Bernardino City Resolution No. 87-386 is a
full, true and correct copy of that now on file in this office.
5
IN WITNESS WHEREOF, I h~ve hereunto set my hand and affixed
6 the official seal of the City of San Bernardino this 12th
day of November , 19~.
7
8
~~~/
/' City lerk