HomeMy WebLinkAbout21- Public Works File No. 14.40-104
CITY OF SAN BERNf -IDINO REQUEST Fr l COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Reimbursement Agreement --- Acquisition
Assessment District for Construction
Dept:
Public Works/Engineering of New Pine Avenue. (AD 1015)
Date: August 30, 1995
Synopsis of Previous Council action:
03-20-90 -- Authorization granted to execute Joint Development Agreement
CFB Investments.
08-05-91 -- Authorization granted to execute First Addendum to Joint Development
Agreement.
03-20-95 -- Resolution No. 95-71 adopted authorizing execution of Second Amendment to
Joint Development Agreement.
08-07-95 -- Authorization to Proceed was given to initiate proceedings for the
formation of an acquisition assessment district for the construction of
New Pine Avenue and confirm the selection of Brown, Diven and Hentschke
as legal consultant, and GFB-Friedrich & Associates as Assessment Engineer
and City Administrator directed to pursue alternate means of financing.
09-05-95 -- Report from City Administrator on alternate means of financing and Resolution
authorizing execution of agreements for consultant services adopted._
Recommended motion:
ADQLT RESOLUTION
cc: Shauna Clark, City Administrator
James Penman, City Attorney Signature
Barbara Pachon, Director of Finance
Contact person: Les Fogassy Phone:_ 5026
Supporting data attached: Staff Report, Resolutions Ward: 5
FUNDING REQUIREMENTS: Amount: $1, 133,000._00 Construction Costs)
Source: (Acct. No.) (Reimbursement through aSS ssment
district . )
Acct. Description)
Finance:
Council Notes: Xe6
75-0262 a, _
Aaenda Item Nn
CITY OF SAN BERNA _ �DINO - REQUEST FC ; COUNCIL ACTION
STAFF REPORT
The Second Addendum to the Joint Development Agreement, by and between CFB
Investments, Redevelopment Agency and City of San Bernardino, was approved on
03-20-95. This addendum evidences a major change in the nature of the project
from the originally approved 318 multi-family units to 42 single family units,
pursuant to Tentative Tract No. 15642, approved by the Planning Commission on
05-16-95.
By execution of the Second Addendum, both the RDA and City agreed to undertake
certain actions to facilitate development of the 42 single family units. One
action was to provide CFB with financial assistance for the cost of the new Pine
Avenue infrastructure, in the amount of $1,133,000, from any source the City
deems appropriate.
Section 4.4.2 of the Second Addendum states that the City will obtain adequate
interim financing and will cause to be formed an assessment district to finance
the cost for new Pine Avenue. CFB agreed join and use its best efforts to cause
the owners of the other two parcels, that will be traversed by new Pine Avenue,
to consent to be included in the district. The three parcels are shown on the
attached map, along with the proposed district boundary.
Since the district is not large enough for the sale of bonds to be cost
effective, it will be necessary for the City to advance the funds to finance
the construction, and be reimbursed through assessments. One source of funding
that was proposed was Sewer Maintenance Fund (132) .
On 8-7-95, authorization was given to initiate the formation of the assessment
district, and the selection of Brown,Diven and Hentschke for Legal Consultant and
GFB - Friedrich and Associates for Assessment Engineer were also confirmed at
that meeting. The City Administrator was directed to pursue other means of
financing and bring back a report on 08-21-95. The item was continued to the
September 5, 1995 Council Meeting. Also at that meeting a resolution authorizing
execution of agreements with GFB - Friedrich for Assessment Engineering services,
and an agreement with Brown, Diven and Hentschke for legal consulting services
was adopted.
The reimbursement agreement between the developer and the City provides that
the City will advance up to $1,133,000 as needed to finance construction costs of
New Pine Avenue, install traffic signals at Pine and Kendall, and complete
proceedings for the assessment district. The developer will submit a deposit of
$24,000 to cover all incidental expenses relative to the formation of the
district. The deposit will be released once the district forms, or fails to form
through no fault of the developer. The City will make progress payments to the
developer during the construction of New Pine Avenue. These payments will be
secured by a Deed of Trust- or other form of security acceptable to the City's
Director of Finance, until the formation of the district is completed. The
agreement also requires the developer to pre-pay the assessments on the 42 single
family homes at the close of escrow for each house.
Staff recommends approval and execution of the reimbursement agreements.
75-0264
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C I T Y OF S A N B E R N A R D I N O
Interoffice Memorandum
TO: SHAUNA CLARK,
City Administrator
FROM: ROGER G. HARDGRAVE
Director of Public Works/City Engineer
SUBJECT: Correction of Item #21, October 16, 1995 Council Agenda
DATE: October 12, 1995
FILE: 14.40-104
A Resolution authorizing the execution of an agreement between the City and CFB
Investments, LTD. , and Empire and Associates, INC. , relative to the construction
of New Pine Avenue and will appear as Item #21 on the Council Agenda for October
16, 1995.
The owners recently formed a new entity and are now holding title to the land
under the name of PINE AND CONNIFER.L.P. , a California limited partnership.
The resolution needs to be amended at the Council Meeting. The motion needs state
that the resolution is amended to change all references of CFB Investments, LTD
(heading in resolution has CFG Investments, which is a typographical error) and
Empire and Associates, INC. to PINE AND CONNIFER, L.P. , a limited partnership.
The actual agreement has already been amended and copies delivered to the City
Clerk's Office.
Please call this office at x 5111 if you have any questions.
ROGER G. HARDGRAVE,
Director of Public Works /City Engineer
L S FOGASSY
Real Property Official
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