HomeMy WebLinkAbout20- Public Works �NTY OF SAN EERY" 1RDINO - REQUEST ''7R COUNCIL ACTION
File No. 1.372
Authorization to Execute Agree-
From: ROGER G. HARDGRAVE Subject: ment with Monnig Development -
Reimbursement of Costs - Box
Dept: Public Works Culvert on Palm Avenue & Improve-
ment of Piedmont Drive
Date: 5-18-93
Synopsis of Previous Council action:
05-19-86 - Resolution No. 86-191 adopted closing Piedmont Drive at
Victoria Avenue and directing construction of a cul-de-
sac.
08-18-86 - Plans approved and authorization granted to advertise
for bids .
08-18-86 - Resolution No. 86-330 adopted authorizing execution of a
Reimbursement Agreement with Hill-Williams , relative to
Tract No. 13329 .
08-18-86 - Resolution No. 86-331 adopted authorizing execution of a
Reimbursement Agreement with Hill-Williams , relative to
APN 285-181-35 .
(Continued on second page)
Recommended motion:
Adopt resolution.
cc : Shauna Clark
Jim Penman
S ature
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report, Agreement,
Supporting data attached: & Resolution Ward: 4 & 5
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No. Cl?o
File No. 1 . 372
5-18-93
SYNOPSIS OF PREVIOUS COUNCIL ACTION Cont:
11-03-86 - Resolution No. 86-458 adopted awarding a contract for
the low bid price of $254 , 978 . 50 .
01-03-89 - Resolution No. 89-4 adopted approving Final Map for Tract
No. 13470 .
CITY OF SAN BERT( .RDINO - REQUEST r- 7R COUNCIL ACTION
STAFF REPORT
Action was taken at the Council meeting of 5-19-86 to
authorize closing Piedmont Drive at Victoria Avenue. This action
was taken to avoid having this neighborhood impacted by Indian
Bingo traffic. Direction was also given to construct a cul-de-
sac for Piedmont Drive.
Closure of this access to Victoria Avenue forced residents
to use Piedmont Drive to the east as a means of access. Tract
No. 13470 had been conditioned to improve Piedmont Drive, but had
not reached the construction stage. A Reimbursement Agreement
was executed by the City and the Hill Williams Development
Company, to provide that the City would construct the conditioned
improvements on Piedmont Drive, and that the Hill Williams
Development. Company would reimburse the City for the costs that
they would have incurred.
Tract No. 13470 was later sold to the Monnig Development,
Inc. , and the homes constructed. By purchasing this tract,
Monnig Development assumed the terms and provisions of the Reim-
bursement Agreement entered into by the City and the Hill
Williams Development Company.
The amount to be reimbursed for improvements to Piedmont
Drive has been determined to be $72, 771 .28 . This amount has not
been paid.
Monnig Development volunteered to have the plans prepared
for the box culvert on Palm Avenue at Cable Creek Channel, and
traffic signals at Palm Avenue and Kendall Drive. This action
was apparently taken in an attempt to accelerate the needed
infrastructure improvements in the Verdemont Area. An amount of
about $80 , 000 was incurred by the Monnig Development Company for
preparation of these plans. This amount is about twice what the
City would have incurred for these design services .
Monnig Development has proposed that these amounts offset
each other. During negotiations an understanding was reached
that 1/2 of the approximate amount expended by Monnig Development
for preparation of plans for the box culvert and traffic signals
could be offset against the $72 , 771 . 28 owed for improvement of
Piedmont Drive. This would leave a balance of $32 , 771 . 28 to be
paid by Monnig Development.
A draft of this Agreement was mailed to Monnig on 3-31-93 ,
for their review and comment. No response has been received.
We recommend that the Agreement be approved. In the event
that Monnig fails to enter into the Agreement, appropriate action
can then be started to collect the balance.
5-18-93
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MONNIG DEVELOPMENT, INC. RELATING
3 TO REIMBURSEMENT OF COSTS FOR IMPROVEMENT OF PIEDMONT DRIVE IN
TRACT NO. 13470 AND DESIGN SERVICES FOR BOX CULVERT AND TRAFFIC
4 SIGNALS IN THE VERDEMONT AREA.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City,
8 an agreement with Monnig Development, Inc. , relative to
I
9 reimbursement of costs for improvement of Piedmont Drive in Tract
10 No. 13470, and Engineering Design Services for a box culvert and
11
traffic signals in the Verdemont Area, a copy of which agreement
12 is attached hereto marked Exhibit "A" and incorporated herein by
13 reference as fully as though set forth at length.
14 SECTION 2 . The agreement shall not take effect until
15 fully signed and executed by both parties. The City shall not be
16 obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be implied
18 or authorized.
19 SECTION 3. The authorization to execute the above-
20
referenced agreement is rescinded if the parties to the agreement
21 fail to execute it within sixty (60) days of the passage of this
22 resolution.
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5-18-93
nt,J V: n__ �:1 i l'413 tihtCt,r,l1r,1V'1' W 1'1'ri MUN N 16 1Jh V r,1LUY11r1V'1, 11'41.. tCGLJ'1L 11'413
TO RF-rMBURSEMENT OF COSTS FOR IMPROVEMENTS IN VERDEMONT
AREA.
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 1993 , by the following vote, to-wit:
5 Council Members : AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 (VACANT)
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15
The foregoing resolution is hereby approved this
16
day of 1993 .
17
18
Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
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A G R E E M E N T
THIS AGREEMENT, entered into this day of ,
19 between Monnig Development, a California Corporation,
hereinafter referred to as "Developer, " and the City of San
Bernardino, a municipal corporation of the State of California,
hereinafter referred to as "City. "
WITNESSETH-
WHEREAS, Developer and Cite entered into a Reimbursement
Agreement, as authorized by Resolution No. 86-331 , adopted on 8--
18-86 , relative to Tract No. 13470; and
WHEREAS, the Reimbursement Agreement provided that the
City would proceed to install certain street improvements on
Piedmont Drive, adjacent to Tract No. 13470 , and Developer would
reimburse City for actual quantities installed, at the
Developer' s unit prices; and
WHEREAS, the amount to be reimbursed to City has been
determined to be $72 , 771 . 28; and
WHEREAS, Developer retained a Consulting Civil Engineer
to prepare plans for construction of a reinforced concrete box
culvert on Palm Avenue, at Cable Creek Channel, and installation
of traffic signals at Palm Avenue and Kendall Drive; and
WHEREAS, Developer incurred expenses for engineering
design services in the approximate amount of $72 , 500 . 00 for the
box culvert and $7 , 500 . 00 for the traffic signals; and
WHEREAS, Developer has submitted a claim for reimburse-
ment of costs incurred for design services in connection with
the box culvert and traffic signals; and
WHEREAS, a dispute has arisen as to the issue of reim-
bursements and as to the amount of said reimbursements; and
WHEREAS, Developer and City desire to resolve this
dispute and to settle their differences under the terms and
conditions set forth below.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
SECTION 1 . That Developer acknowledges the amount of
$72 , 771 . 28 to be reimbursed to the City for improvements
installed on Piedmont Drive.
SECTION 2 . That Developer agrees to the amount of
$40 , 000 . 00 as reimbursement for expenses incurred by Developer
in connection with engineering design services for the box
culvert and traffic signals.
REIMBURSEMENT AGREEMENT: STREET IMPROVEMENT. ON PIEDMONT DRIVE
SECTION 3 . That Developer agrees to pay, and City agrees
to accept, the amount of $32 , 771 . 28 in full and final settlement
of their respective claims for reimbursement.
SECTION 4 . The reimbursement by the Developer shall be
paid to the City within thirty (30) days after this agreement
has been executed. If this reimbursement is not fully paid
within thirty (30) days, it shall become a lien on any property
owned by Developer within the City of San Bernardino, pursuant
to the San Bernardino Municipal Code and may be collected as a
special assessment thereon, or as a personal obligation of
Developer.
SECTION 5 . Should litigation be necessary to enforce any
terms or provisions of this agreement, or to collect any portion
of the amount payable under this agreement, the prevailing party
shall be entitled to recover all litigation and collection
expenses , witness fees , court costs, and attorney' s fees .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first above shown.
CITY OF SAN BERNARDINO
By
Tom Minor, Mayor
ATTEST:
By
Rachel Clark, City Clerk
MONNIG DEVELOPMENT
By
Daniel W. Holden,
Executive Vice-President
Approved as to form
and legal content:
James F. Penman
City Attorney
By
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