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HomeMy WebLinkAbout1985-117 San Bernardino 54333-011-4 RESOLUTION NO. 85-117 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MODIFIED ENGINEER'S REPORT, ELIMINATING IMPROVEMENTS, MODIFYING ASSESSMENT, CON- FIRMING ASSESSMENT AS MODIFIED, APPROVING AMENDMENTS TO RESOLUTION OF INTENTION AND ACQUISITION AGREEMENT AND ORDERING RECORDA- TION OF AMENDED NOTICE OF ASSESSMENT ~ ASSESSMENT DISTRICT NO. 961 WHEREAS, the Mayor and Common Council adopted, on December 17, 1984, Resolution No. 84-551, which is the Reso- lution of Intention for Assessment District No. 961 (the "Resolution of Intention"); WHEREAS, the owners of all of the property in- cluded within Assessment District No. 961 have requested in writing that the electrical mains and gas mains set forth on Exhibit 1 to the Resolution of Intention be eliminated from such Exhibit and from these proceedings and that Brier Drive be eliminated as an improvement to be acquired by the City in these proceedings; WHEREAS, the Mayor and Common Council adopted, on January 28, 1985, Resolution No. 85-44 pursuant to which, 1 26-Cl-JWB-402.3l 3-17-85 (edd) San Bernardino 54333-011-4 among other matters, the Engineer's Report for Assessment District No. 961 (the "Engineer's Report") was adopted and approved and the assessment for Assessment District No. 961, in the amount of $13,755,000, was confirmed; WHEREAS, as a consequence of, among other matters, the elimination of the improvements referred to above, it is necessary to reduce the amount of the assessment from $13,755,000 to $13,400,000; WHEREAS, the Mayor and Common Council adopted, on December 19, 1984, Resolutibn No. 84-554 pursuant to which, among other matters, the Agreement for Acquisition of Improvements attached as Exhibit 1 to such Resolution (the "Acquisition Agreement") was approved by the Mayor and Common Council; and WHEREAS, the Acquisition Agreement was entered into by the parties thereto on December 28, 1984. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 2 26-Cl-JWB-402.31 3-17-85 (edd) San Bernardino 54333-011-4 Section 1. Correctness of Recitals. That the Recitals set forth above are true and correct in all respects. Section 2. Amendment to Resolution of Intention and other Resolutions and Elimination of Improvements. That, pursuant to Section 10352 of the California Streets and Highways Code, the electrical mains and the gas mains are hereby eliminated from Exhibit 1 to the Resolution of Intention and from these proceedings and the Resolution of Intention is hereby so amended and Brier Drive is hereby eliminated as an improvement to be acquired by the City in these proceedings. In addition to the Resolution of Inten- tion, all other resolutions which have been adopted in con- nection with Assessment District No. 961 are hereby amended to eliminate any reference to such gas mains and electrical mains. Section 3. Modification of Assessment and Confir- mati on Thereof. That the total assessment for Assessment District No. 961 be modified by reducing it from $13,755,000.00 to $13,400,000.00; that such assessment as 3 26-Cl-JWB-402.31 3-17-85 (edd) San Bernardino 54333-011-4 modified be spread to the benefited properties in accordance with Exhibit A attached hereto and incorporated herein by this reference; and that such assessment as modified is hereby confirmed. Section 4. Adoption and Approval of Modified Engineer's Report. That the modified Engineer's Report dated March, 1985 and previously submitted to the City Clerk is hereby adopted and approved as a whole. Section 5. Amendment to Acquisition Agreement. That the Amendment to the Acquisition Agreement, in the form attached to this Resolution as Exhibit B, is hereby approved and the Mayor is hereby authorized and directed to sign such Amendment for and on behalf of the City and the City Clerk is hereby authorized and directed to attest thereto. Section 6. Recordation of Notice of Amended Assessment and other Actions. That the City Clerk shall record a Notice of Amended Assessment in the office of the County Recorder of San Bernardino County and that the City 4 26-Cl-JWB-402.31 3-17-85 (edd) San Bernardino 54333-011-4 Clerk, the Superintendent of Streets and any other appro- priate City officials and employees shall take whatever other act or acts may be necessary as a result of the modi- fication of the assessment as provided in this Resolution. 5 26-Cl-JWB-402.31 3-17-85 (edd) San Bernardino 54333-011-4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting thereof held on the 19th day of March, 1985, by the following vote: AYES: Councilmen: Castaneda, Reilly, Marks, Quiel, Frazier, Strickler NAYS: Council Member Hernandez ABSENT: None ~~~~ ./ City Clerk The foregoing Resolution is hereby approved this Z..e~day of March, 1985. APPROVED AS TO FORM: ~~~ ~I' ,City Att 6 26-Cl-JWB-402.3l 3-18-85 (edd) Assessor's Parcel No. 281-341-05 281-341-04 281-341-03 281-021-31 281-341-02 281-351-01 281-351-02 281-341-01 281-351-16 281-351-15 281-351-14 281-371-02 281-371-03 281-361-05 281-3H-05 281-371-06 281-371-07 281-371-08 281-351-06 281-351-07 281-351-08 281-351-09 281-351-13 281-351-12 281-351-11 281-351-10 281-361-06 281-361-07 281-361-08 281-361-09 281-361-04 281-361-03 281-361-01 281-361-02 TOTAL San Bernardino 54333-011-4 CONFIRMED ASSESSMENTS ASSESSMENT DISTRICT NO. 961 Confirmed Assessment $ 531,980.00 434,160.00 243,880.00 846,880.00 144,720.00 88,440.00 88,440.00 167,500.00 163,480.00 369,840.00 186,260.00 1,047,880.00 2,594,240.00 404,680.00 485,080.00 531,980.00 418,080.00 416,740.00 144,720.00 129,980.00 129,980.00 163,480.00 215,740.00 179,560.00 199,660.00 277,380.00 431,480.00 397,980.00 343,040.00 364,480.00 249,240.00 249,240.00 364,480.00 395,300.00 $13,400,000.00 Exhibit A 26-Cl-JWB-402.26 3-18-85 (mt) San Bernardino 54333-011-5 AMENDMENT TO AGREEMENT FOR ACQUISITION OF IMPROVEMENTS THIS AMENDMENT TO AGREEMENT FOR ACQUISITION OF IMPROVEMENTS ("Amendment") is made and entered into this ____ day of March, 1985, by and between Park Centre Proper- ties, a California general partnership ("PCP"), Rancho Con- sultants Realty Fund IV, a California limited partnership ("RCRF"), and the City of San Bernardino, a municipal corpo- ration (the "City"). PCP and RCRF shall be collectively referred to as the "Company." RECITALS A. The City and the Company entered into that certain Agreement for Acquisition of Improvements dated December 28, 1984 ("Agreement"), pursuant to which, among other matters, the City agreed to acquire the "Improvements" referred to in the Agreement. B. The City and the Company desire to amend the Agreement as set forth in this Amendment. 1 26-Cl-JWB-402.35 3-17-85 (edd) EXHIBIT B San Bernardino 54333-011-5 NOW, THEREFORE, based upon the foregoing, and in consideration of the covenants, agreements, promises and undertakings contained in this Amendment, the parties agree as follows: 1. Notwithstanding any term or provision of the Agreement to the contrary, as used in the Agreement, "Improvements" shall mean and refer to the improvements described in Exhibit 1 to Resolution No. 84-551 of the Mayor and Common Council, as amended. 2. Paragraph 1 of the Agreement is hereby amend- ed to read in full as follows: "l(a) The acquisition price of the Improvements (which Improvements will be more particularly described in the Engi- neer's "as built" plans and installed pursuant to detailed specifications) to be acquired by the City in the Pro- ceedings shall be the amount of $5,521,637.44 (the "Acquisition Price"), which is the total actual cost of con- structing and acquiring the Improvements (including the Capacity Rights referred to in the following paragraph), com- pleted as of the date of the delivery of the improvement bonds for Assessment District No. 961 to the initial pur- chaser thereof, and certain incidental expenses, all as set forth in the final approved Engineer's Report for Assess- ment District No. 961. The amount of 2 26-Cl-JWB-402.35 3-17-85 (edd) San Bernardino 54333-011-5 $1,039,125.00 has been reserved for the completion of certain Improvements and shall be deposited into the Improvement Fund for such improvement bonds and disbursed in accordance with the Resolu- tion Authorizing the Issuance and Sale of such improvement bonds and the City's normal procedures. (b) Eight hundred (800) Capacity Rights which the Purchaser (PCP) has the right to purchase under and pursuant to that certain Term Purchase Agreement between the Board of Water Commissioners and Park Centre Properties, dated 10/1/84 shall be paid for in full pursu- ant to Section 5(v) of said Term Pur- chase Agreement from the proceeds of the improvement bonds. Said Capacity Rights are assigned to the particular lots or parcels of property included in Assess- ment District No. 961 in the proportion that the assessments thereon for their respective lots or parcels bear to the total assessments for all of the lots and parcels and are to be held in trust by the City to be used for the real property so designated. The Engineer of Work shall prepare a schedule showing the Assessor's Parcel Numbers and the amount of Capacity Rights pertaining thereto. The Board of Water Commis- sioners shall be notified of this assignment and shall consent thereto as provided in the Term Purchase Agree- ment. " 3. Paragraph 2 of the Agreement is hereby amend- ed to read in full as follows: "2. The Company shall submit to the Engineer of Work its certificate (the 3 26-Cl-JWB-402.35 3-17-85 (edd) San Bernardino 54333-011-5 "Company Certificate") setting forth in such detail as the Engineer of Work may require (which may include, without limitation, the quantity of work per- formed and the unit cost of such work) the total costs included within the Acquisition Price. The Company Certifi- cate shall be accompanied by copies of any executed contracts, purchase orders and/or other documents pursuant to which the work was performed, and such other information as the Engineer of Work may require, The Engineer of Work shall review the Company Certificate and shall make his certificate (the "Certificate") certifying that he has reviewed the Company Certificate and accompanying documents and information and approving the payment of the Acquisition Price, or so much thereof as he may approve, from the proceeds of such improvement bonds. The Engineer of Work shall file the Company Certificate and the Certificate with the City Clerk and such certifi- cates shall become a part of the Pro- ceedings." 4. The following sentence is hereby added after the end of paragraph 3 of the Agreement: "Notwithstanding the foregoing, such ten percent (10%) shall not be withheld if the initial purchaser of such improve- ment bonds or the City is furnished, on the same date that such purchaser takes delivery of such bonds, with a policy of title insurance in such amount as such purchaser or the City, as the case may be, deems appropriate insuring against any statutory lien for labor or material 4 26-Cl-JWB-402.35 3-17-85 (edd) San Bernardino 54333-011-5 asserted or otherwise claimed in connec- tion with the Improvements." 5. Paragraph 4 of the Agreement is hereby amend- ed to read in full as follows: "4. Reserved." 6. Paragraph 7 of the Agreement is hereby amend- ed to read as follows: "7. If the construction of the Improvements to be acquired by the City in the Proceedings was financed, in whole or in part, from proceeds of any loan secured by a mortgage or deed of trust upon any lands within the district formed pursuant to the Proceedings, in the absence of any written instructions to the contrary from any mortgagee or beneficiary of said mortgage or deed of trust, the acquisition price of the Improvements to be acquired by the City in the Proceedings shall be paid to the Company and to the mortgagee or benefi- ciary of any mortgage or deed of trust, as their interests may appear. Upon payment by the City of the acquisition price of the Improvements as above pro- vided, the Company shall execute and de- liver to the City instruments of convey- ance in form and substance acceptable to bond counsel, and the City shall be deemed to have acquired the Improvements upon their acceptance of such documents of conveyance." 5 26-Cl-JWB-402.35 3-17-85 (edd) San Bernardino 54333-011-5 7. Paragraph 10 of the Agreement is hereby amended to read in full as follows: "10. This Agreement provides for the improvements to be constructed under the Subdivision Agreement (referred to in Recital B above) to be paid for as provided in this Agreement and acquired by the City as provided in paragraph 7 hereof; howeyer, this Agreement does not abrogate the Subdivision Agreement as to any other provisions therein including, without limitation, those pertaining to security, indemnification, insurance and repair or reconstruction of defectiye work. " 8. Paragraph 12 of the Agreement is hereby amended to read in full as follows: "12. paragraph tive when under the This Agreement (other than 8 hereof) shall become effec- the bonds have been issued Improvement Bond Act of 1915." 9. Except as provided in this Amendment, all of the terms and provisions of the Agreement shall remain in full force and effect. 6 26-CI-JWB-402.35 3-17-85 (edd) San Bernardino 54333-011-5 IN WITNESS WHEREOF, the parties hereto have exe- cuted this Amendment on the day and year first set forth above. PARK CENTRE PROPERTIES, a California general partnership RANCHO CONSULTANTS REALTY FUND IV, a California limited partnership By its two general partners: By its two general partners: TRI-CITY ASSOCIATES, a general partnership * DANIEL LEE STEPHENSON By its authorized general partner: RANCHO CONSULTANTS FINANCIAL, INC., a California corporation DOUGLAS F. GOLDING ** By DANIEL LEE STEPHENSON Its President By JAMES N. SENECHAL Its Secretary * Mr. Stephenson's attorney-in-fact may sign on behalf of Mr. Stephenson. ** A corporate officer of Rancho Consultants Financial, Inc., may sign in place of Mr. Stephenson. 7 26-Cl-JWB-402.35 3-17-85 (edd) San Bernardino 54333-011-5 " T/P GROUP, LIMITED, a California limited partnership By its three general partners: DOUGLAS F. GOLDING TRI-CITY GROUP, INC., a California corporation By DOUGLAS F. GOLDING Its President GEORGE D. VOIGT CITY OF SAN BERNARDINO ATTEST: .~/D2/&Ai- G1 ty Clerk APPROVED AS TO FORM: ~l ey 8 26-CI-JWB-402.35 3-17-85 (edd)