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Home My WebLink About2007-476 (NOTE: REPEALED BY RESOLUTION 2010-72) 1 2 RESOLUTION NO. 2007-476 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 2007-413 AND APPROVING 4 AMENDMENT NO.1 TO AGREEMENT WITH GFRENTERPRISES, INC. FOR THE 5 DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE. 6 7 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 8 9 improvement of a 4-acre park at the southwest corner of Irvington Avenue and Chestnut Avenue; 10 and 11 WHEREAS, GFR Enterprises, Inc. requested an Amendment to said Agreement in order 12 to be reimbursed for extra work at President Ronald Reagan Park that was requested by the City 13 but not included in the original Agreement; and 14 15 WHEREAS, on October 1, 2007, the Mayor and Common Council adopted Resolution 16 No. 2007-413 approving Amendment No.1 to the Agreement with GFR Enterprises, Inc.; and t 7 WHEREAS, the Mayor and Common Council wish to modify the language in said 18 Amendment No.1. 19 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 20 OF SAN BERNARDINO AS FOLLOWS: 21 SECTION 1. Resolution No. 2007-413 is hereby repealed. 22 SECTION 2. The City Manager is hereby authorized to execute Amendment No.1 to 23 said Agreement (see Exhibit "A" attached and incorporated herein) with GFR Enterprises, Inc. 24 for the dedication and improvement of a 4-acre park at the southwest corner of Irvington Avenue 25 26 and Chestnut Avenue. Such Agreement shall be effective only upon being fully executed by all parties. 27 28 1 2 RESOLUTION ... REPEALING RESOLUTION NO. 2007-413 AND APPROVING AMENDMENT NO.1 TO AGREEMENT WITH GFR ENTERPRISES, INC. FOR THE 3 DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE. 4 5 SECTION 3. This Agreement shall not take effect or become operative until fully signed 6 and executed by the parties and no party shall be obligated hereunder until the time of such full 7 execution. No oral agreement, amendments, modifications or waivers are intended or authorized 8 and shall not be implied from any act or course of conduct of any party. 9 10 SECTION 4. lbis resolution is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of the resolution. 11 III 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 RESOLUTION ... REPEALING RESOLUTION NO. 2007-413 AND APPROVING AMENDMENT NO.1 TO AGREEMENT WITH GFR ENTERPRISES, INC. FOR THE 3 DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE. 5 6 Common Council of the City of San Bernardino at a joint regular 7 8 9 ESTRADA 10 11 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 20 21 22 23 Approved as to Form: 24 JAMES F. PENMAN, 25 City Attorney 4 12 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof, held on the 17th day of December ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT x BAXTER x BRINKER x x -1L x x ~};z Uu..t The foregoing resolution is hereby approved this ~y of December ,2007. . 2007-476 AMENDMENT NO.1 TO PARK DEDICATION AND IMPROVEMENT AGREEMENT This Amendment No. 1 to Park Dedication and Improvement Agreement ("Agreement") is entered into effective December 17 , 2007 between the City of San Bernardino, a Municipal Corporation and Charter City ("City") and GFR Enterprises, Inc., which together with certain assignees and/or affiliated entities established for the express purpose of creating the developments described in the original Agreement, or any ofthem (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 Avenue and Chestnut A venue. 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 proj ect, 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. OPERATNE PROVISIONS 1. Section 2 of the Operative Provisions of said Park Dedication and Improvement Agreement is amended to add that Developer shall also install said additional improvements at President Ronald Reagan Park in accordance with specifications and designs previously approved by the City. 1 2007-476 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(B) Term of Reimbursement Obligation: The City shall reimburse the Developer for the completion of said improvements within thirty (30) days of completion of said imp~ovements. 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. 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. 2 2007-476 6(D) Inspection: 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 ofthe City Engineer. 4. All other terms and conditions of said Agreement approved by Resolution No. 2006-58 shall remain unchanged. SIGNATURES FOLLOW 3 2007-476 AMENDMENT NO.1 TO PARK DEDICATION AND IMPROVEMENT AGREEMENT CITY OF SAN BERNARDINO By 1iIk. Fre s n, City Manager ATTEST: BY:&~~'~ Rach Clark, City Clerk APPROVED AS TO FORM: James F. Penman, City Attorney B,L,a DEVELOPER GFR Enterprises, Inc. By: ?dJ-/:2..14 (/ Name: {i3z"41-r-/.lv !2MLIK :r",-, Title: fhc5: ~I 4