HomeMy WebLinkAbout32-Public Works
CITY OF SAN BERN~RDINO!AEQUEST i ..1Ft .COUNCIL2ACTION
~ '''~~~.::_{~~~ Off.
ROGER G. HARDQ!A,"~. -' r,'J ;,\l..'
f-' t
_,_ "",r.o r,c, ~_!.~ ::) .::;E.t
~......'.~1 II. "'" r f ,. ;-,
Public Works \~rJ'j':''- <- ~
Subject:
Authorization to Execute Agree-
ment -- Undergrounding Utilities
for Recreational Vehicle Park
(Phase II), @ 1080 East Ninth
Street
From:
Dept:
Date:
9-25-89
Synopsis of Previous Council action:
10-05-87 -- Appeal, of the condition to underground utilities,
closed and agreement made to waive the immediate
undergrounding, on the condi tion that the owner enter
into an agreement with the City to make semi-annual
payments on the cost to underground.
Recommended motion:
Adopt resolution.
cc: Marshall Julian
Jim Richardson
Jim Penman
Larry Reed
h /1
//~
Supporting data attached:
Roger G. Hardqrave
Staff Report,
Resolution & Aqreement
Phone:
5025
Contact person:
Ward:
2
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(AcCL Description)
Finance:
Council Notes:
75-0262
Agenda I tem No.
~L
CITY OF SAN BERN.. ..RDINO - REQUEST f -IR COUNCIL ACTION
STAFF REPORT
Conditional Use Permit No. 87-27 was approved by the
Planning Commission on 6-2-87. This permit authorized the
development of a 31-space recreational vehicle park, as Phase II.
One of the conditions of approval was that the existing
utili ty line along 9th Street be undergrounded. An appeal was
submitted by Mr. Ed Leonelli on this condition. At the Council
meeting of 10-05-87, the appeal was closed, and an agreement
reached to waive the irrunedia te undergrounding, on the condition
that the owner enter into an agreement with the City to make
semi-annual payments, for a period not to exceed 5 years. These
payments would commence when the City undertakes the under-
grounding, within ten years.
The estimated cost of undergrounding this utility line is
$4'0,000, but the semi-annual payments will be based upon the
actual cost. Mr. Ed Leonelli has inserted a clause, in line 28
on Page 1, to limit the cost to a maximum of $48,000.
A copy of this agreement was transmitted to Mr. Leonelli,
for execution, by our letter of 10-13-87. This copy, signed by
Mr. Leonelli, was received in our office on 8-22-89.
Some of the conditions of approval have not been accom-
plished. These conditions include construction of street
improvements along 9th Street, and entering into an agreement
with the City to underground the utility line. These violations
are being reviewed by the Department of Building and Safety to
determine an appropriate enforcement action.
9-25-89
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ED LEONELLI AND DOMINIQUE MOREL
3 RELATING TO MAKING SEMI-ANNUAL PAYMENTS ON THE COST FOR UNDER-
GROUNDING UTILITIES AT 1080 EAST NINTH STREET.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino 1.S
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with Ed Leonelli and Dominique Morel relating to
9 making semi-annual payments on the cost of undergrounding
10 utilities at 1080 East Ninth Street, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference as
12 fully as though set forth at length.
13 SECTION 2. The authorization granted hereunder shall not
14 take effect until fully signed and executed by all parties. The
15 City shall not be obligated hereunder unless and until the
16 agreement is fully executed and no oral agreement relating thereto
17 shall be implied or authorized.
18
SECTION 3.
The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within sixty (60 ) days of the passage of this
21 resolution.
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
9/25/89 28 / / / /
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
9 / 25/ 8 9 28
: I
RESO: AUTHORT7,ING EXECUTION OF AGREEMENT WITH ED LEONELLI
AND D INIQUE MOREL RELATING T UNDERGROUND UTILITIES
AT 1080 EAST NINTH STREET.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1989, by the following vote, to-
5 wit:
6 AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this day
of
, 1989.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
/')
I
By Lk~
(l
,1
;; /
-I e_~,
- 2 -
1
2
3
4
A G R E E MEN T
THIS AGREH1ENT entered ir.te this .13~!:_ day of October
1987, by and between the City of ~an Bernardir.o, a cDarter city
Dominique Morel
("City"), and Ed Leonelli ("Develcper").
5 WITNESSETH:
6 WHEREAS, the City has instituted a program of undergrcundin~
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
18
10
20
21
22
23
24
1. The property which is the subject of this Agreement i~
described in Exhibit "A" attached hereto and incorporated herein;\
2. The specific area to be undergrounded is described in I
Exhibit "8" attached heretc and incoq:orated hereir.; !
I
J. 'ihe currently estimated cost for undergrcunding of these\
utilities is $ 40.000.00 The parties understand that the I
actual cost of undergrounding may vary from the current e~timdte.
~. City agrees to waive the immediate requirement of the
25
undergrounding of the utilities described in Exhibit "B".
\~ L t h in I
I
26
ten (10) years from the date of this As:;reement, City may
27
undertake the undergroundir.g of said utilities. At such time
up to $48,000.00 maximum
City, at its option, may collect the actual cost^ot such
28
I
tJ I
C.
- \ ' I
~.
E~j~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
i l
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 withiri 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 ",-\".
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 partie~ the
relationship of employer-employee, principal-agent, partnership
or any other relationship except as specifically outlined herein.,
10. Waiver by Lhe City of any breach of this Agreement
shall not be construed as a waiver of any other breach.
2
Jt
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
11. Any nuL Lee 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:
5
6
7
C i tv
----'-
Developer
Dominique Morel & Edward Leonelli
425-0 No. Newport Blvd.
Newport Beach, CA 92663
'.City Administrator
300 North "0" Street
San Bernardino, CA 92418
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 d~te first above shown.
12 CITY Of SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
DEVELOPER
By ?:~1-71/l.--vL~'7~'.k'-e~
Title
C t~JN/g A?..
Approved as to form
and legal content:
~(eP
By ~ CULl."" 'i4f:.
I
Title
ou.)I'JER
3
'. ' .. I . 1("
~
~~d#-.
........
87-184876
'EXHIBIT A'
896903
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE
OF CALIFORNIA, COUNTY OF SAN BERNARDINO. AND IS DESCRIBED AS
FOLLOlolS.
LOT 3. IN BLOCK 42, RANCHO SAN BERNARDINO. IN THE COUNTY OF
SAN BERNARDINO. STATE OF CALIFORNIA. AS PER PLAT RECORDED IN
BOOK 7 OF MAPS. PAGE 2, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT, BY DEEDS RECORDED IN BOOK 4915,
PAGE 168 OFFICIAL PECORDS AND IN BOOK 498e. PAGE 539. OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO RICHARD R.
CARSTENSEN AND DONNA J. CARSTENSEN. HUSBAND AND IoIIFE. AS JOINT
TENANTS. BY DEED RECORDED FEBRUARY 29. 1.80. INSTRUMENT NO.
80-052100. OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM SOY. OF ALL OIL. GAS. PETROLEUM. NAPTHA
AND OTHER HYDROCARBON SUBSTANCES AND OF ALL MINERALS IoIHATSOEVER
KINO AND NATURE IN, UPON OR BENEATH THE PROPERTY HEREIN DESCRIBED
AS EXCEPTED BY FEDERAL FARM MORTGAGE CORPORATION IN DEED RECORDED
JANUARY 11, 1956, IN BOOK 3829, PAGE 453, OFFICIAL RECORDS OF
SAID COUNTY.
?-~
~/) VJ _
~~
EXHIBIT "B"
The uti,l ities, consisting of electrical, telephone and
cable TV lines, along the north side of Ninth Street,
adjoining this parcel, are to be undergrounded.
E.;L
<~