HomeMy WebLinkAbout2007-413
(NOTE: REPEALED BY RESOLUTION 2007-476)
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RESOLUTION NO. 2007-413
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO AGREEMENT WITH
GFR ENTERPRISES, INC. FOR THE DEDICATION AND IMPROVEMENT OF A 4-
ACRE PARK AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND
CHESTNUT AVENUE.
WHEREAS, on February 21,2006, the Mayor and Common Council adopted Resolution
No. 2006-58 approving an Agreement with GFR Enterprises, Inc. for the dedication and
improvement of a 4-acre park at the southwest comer of Irvington Avenue and Chestnut Avenue;
and
WHEREAS, GFR Enterprises, Inc. has requested an Amendment to said Agreement in
order to be reimbursed for extra work at President Ronald Reagan Park that was requested by the
City but not included in the original Agreement.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute Amendment No.1 to
said Agreement (see Exhibit "A" attached and incorporated herein) with GFR Enterprises, Inc.
for the dedication and improvement of a 4-acre park at the southwest comer of Irvington A venue
and Chestnut Avenue. Such Agreement shall be effective only upon being fully executed by all
parties.
SECTION 2. This Agreement shall not take effect or become operative until fully
signed and executed by the parties and no party shall be obligated hereunder until the time of
such full execution. No oral agreement, 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 This resolution is rescinded if the parties to the Agreement fail to
execute it within sixty (60) days of the passage of the resolution.
III
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2 RESOLUTION ... APPROVING AMENDMENT NO.1 TO AGREEMENT WITH
GFR ENTERPRISES, INC. FOR THE DEDICATION AND IMPROVEMENT OF A 4-
3 ACRE PARK AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND
CHESTNUT AVENUE.
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I HEREBY CERTIFY that the foregoing resolution was duIy adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint regular
meeting thereof, held
on the
1st
,2007, by the following vote, to wit:
October
day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
~
10
BAXTER
x
11
BRINKER
x
12
13 DERRY
14 KELLEY
x
x
15 JOHNSON
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17
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20
x
MC CAMMACK
x
gad.d12. ~
City Clerk
The foregoing resolution is hereby approved this .....:J?.l. day of October
,2007.
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23 Approved as to Form:
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JAMES F. PENMAN,
City Attorney
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I- .~
2007-413
EXHIBIT "A"
AMENDMENT NO.1 TO
PARK DEDICATION AND IMPROVEMENT AGREEMENT
This Amendment No. I to Park Dedication and Improvement Agreement ("Agreement") is
entered into effective October 1 , 2007 between the City of San Bernardino, a
Municipal Corporation and Charter City ("City") and GFR Enterprises, Inc., which together with
certain assignees andlor affiliated entities established for the express purpose of creating the
developments described in the original Agreement, or any of them (collectively and individually,
"Developer").
RECITALS
1. On February 21, 2006, the Mayor and Common Council adopted Resolution No.
2006-58 approving an Agreement with GFR Enterprises, Inc. for the dedication and
improvement of a 4-acre park at the southwest corner of Irvington A venue and Chestnut Avenue.
2. GFR Enterprises, Inc. has requested an Amendment to said Agreement in order to
be reimbursed for installation of additional improvements, including picnic shelters, at President
Ronald Reagan Park that was requested by the City but not included in the original Agreement.
3. The reimbursement of cost of the installation of said additional improvements at
President Ronald Reagan Park is to be paid from the Parks Construction Fund and is included in
the FY 2007-2008 Capital Improvement Program as Project No. PR 08-02.
4. The City will benefit by reimbursing the Developer for installation of said
additional improvements at President Ronald Reagan Park rather than complete the said
additional improvements as a separate project, at some, yet to be determined, future date.
5. In the event that the City approves this Agreement, the City would reimburse
Developer $215,038.51 in return for installation of said additional improvements at President
Ronald Reagan Park.
OPERATIVE PROVISIONS
I. Section 2 of the Operative Provisions of said Park Dedication and Improvement Agreement
is amended to add that the Consultant shall also install said additional improvements at
President Ronald Reagan Park in accordance with specifications and designs previously
approved by the City.
00628.006/] 7212.1
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2007-413
EXHIBIT "A"
2. Section 3 of the Operative Provisions of said Agreement is amended to read as follows: The
improvements to the park site shall be coordinated with the City and completed prior to
December 31, 2008.
3. The following subsections are added to the Operative Provisions of said Agreement as
follows:
6(A) Reimbursements: In exchange for the design, installation, construction, and
completion of said additional improvements, the Developer shall be reimbursed $215,038.51
from Park Construction Funds which have been allocated in the City's 2007-2008 Capital
Improvement Program, provided the Developer has completed the improvements to the
satisfaction of the Director of Parks and Recreation and the City Engineer and in compliance
with the terms of this Agreement. In the event that Developer does not comply with the terms
of this Agreement then the City shall not have any obligation to reimburse Developer. The
City shall make payment of reimbursements to the Developer within thirty (30) days after
City acceptance of said additional improvements.
6(8) Term of Reimbursement Obligation: The City's obligation, under this Agreement,
to reimburse Developer for the completion of said additional improvements shall continue for
a period of thirty (30) days from the completion of said additional improvements. After said
30 day period or reimbursement in full, whichever occurs first, the City's obligation to
reimburse the Developer shall terminate. In the event that Developer elects not to proceed
with said additional improvements, then Developer shall not be entitled to the reimbursement
described in this Agreement.
00628.006/17212.1
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2007-413
EXHffiIT "A"
6(C) Bids and Contracts: Developer shall be solely responsible for securing appropriate
bids and awarding the contract(s) for construction and installation of said additional
improvements in compliance with all applicable federal, state and local laws.
6(D) Insoection: The City shall have the right at all times to inspect the construction of
said additional improvements to determine compliance with approved City plans and
specifications, and standards of the City Engineer.
4. All other terms and conditions of said Agreement approved by Resolution No. 2006-58 shall
remain unchanged.
SIGNATURES FOLLOW
00628.006117212.1
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2007-413
EXHIBIT "A"
AMENDMENT NO.1 TO
PARK DEDICATION AND IMPROVEMENT AGREEMENT
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
ATTEST:
By:
Rachel Clark, City Clerk
APPROVED AS TO FORM:
James F. Penman, City Attorney
By }.." J,A-~
()
DEVELOPER
GFR Enterprises, Inc.
By:
Name:
Title:
00628.006117212.1
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Page 1 ofl
Fedor_Ma
From: Ross_Va
Sent: Wednesday, November 21, 2007 4:23 PM
To: Fedor_Ma
Subject: GFR Agreement
Hey Margaret,
The ball is in my court! GFR found a discrepancy in the Agreement and I discussed with Henry. I have to go
back to MCC to fix. I had hoped to do it this past Monday - didn't happen, so I was aiming for December 3rd -
ain't gonua happen either. I have to get it on for December 17th. Part of my request will be to rescind Reso 2007-
413 and adopt a new Reso.
Valerie
11/28/2007