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Home My WebLink About30- Public Works CITY,OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION File No. 14 . 40-107 From: ROGER G. HARDGRAVE Subject: Authorization to Execute Reim- /;:::� O NY bursement Agreement - Establish- Dept: Public Works VV dent of Assessment District for Tract No. 14448 Date: 6-18-96 Synopsis of Previous Council action: 01-22-96 - Resolution No. 96-16 adopted approving the final map, accepting the public dedications and authorizing execution of standard form agreement for Tract No. 14448 . 03-18-96 - Authorization granted to proceed with initiating proceedings for establishment of an assessment district. Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman Barbara Pachon - Ignature Contact person: Roger G Hardgrave Phone: 5025 Staff Report, Supporting data attached: Agreement & Resolution Ward: 5 FUNDING REQUIREMENTS: Amount:_ N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 7[15h9g10 75-0262 Anonrin Item Ain *30 CITY-OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Authorization was granted at the Council meeting of 3-18- 96 for the City Clerk and City Engineer to initiate proceedings for the establishment of an assessment district in connection with the development of Tract No. 14448 . Items of work to be financed by the assessment district are: sidewalks, masonry walls and landscaping along Hill Drive, Mountain Drive and Northpark Boulevard. The estimated cost of these improvements is $250 , 000 . The proposed Reimbursement Agreement provides , in general , that the Subdivider will advance the $250 , 000 to finance the cost of these improvements , and finance the assessments on the lots not shown as sold on the Equalized Assessment Rolls dated 3-1-97 and 3-1-98 . Furthermore, the City agrees to establish an assessment district, confirm assessment rolls by 7-20-97 and 7- 20-98 for the lots that have been sold, and confirm assessment rolls during the remainder of the 15 year term of the district for all 98 lots within this subdivision. Also, to create a reserve account for revenue received, and make semi-annual payments to Subdivider as reimbursement of funds advanced. We recommend that authorization be granted to execute this Reimbursement Agreement. 6-18-96 I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE OSBORNE 3 DEVELOPMENT COMPANY RELATIVE TO ESTABLISHME14T OF AN ASSESSMENT 4 DISTRICT IN CONNECTION WITH DEVELOPMENT OF TRACT NO. 14448 . BE IT RESOLVED BY THE MAYOR AIJD COMMON COUNCIL OF THE 5 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 8 City, a Reimbursement Agreement with Osborne Development Company 9 relative to the establishment of an Assessment District in 10 connection with development of Tract No. 14448 . A copy of said 11 agreement is attached hereto, marked Exhibit "A" and incorporated 12 herein by reference as fully as though set forth at length. 13 SECTIO14 2 . The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 SECTION 3 . This resolution is rescinded if the parties 19 to the agreement fail to execute it within ninety (90) days of 20 the passage of this resolution. 21 / / 22 / / 23 / / / / 24 / / / / 25 / / 26 / / 27 / / 28 / / 6-18-96 RESO: EXECUTING AGREEMENT WITH OSBORNE DEVELOPMENT COMPANY -- ASSESSMENT DISTRICT FOR TRACT NO. 14448 . j 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 1996 , by the following vote, to-wit: 5 Council Members : AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHEL14AN 10 DEVLIN 11 ANDERSON 12 MILLER 13 14 15 Rachel Clark, City Clerk 16 The foregoing resolution is hereby approved this day of 1996 . 17 18 Tom Minor, Mayor 19 Approved as to form City of San Bernardino 20 and legal content: 21 James F. Penman City Attorney 22 23 24 By 25 26 27 28 2 - REIMBURSEMENT AGREEMENT THIS AGREEMENT, entered into this _ day of _, 1996 , by and between the OSBORNE DEVELOPMENT COMPANY, a hereinafter referred to as "SUBDIVIDER, " and CITY OF SAN BERNARDINO, a municipal corporation of the State of California, hereinafter referred to as "CITY. " WITNESSETH: WHEREAS, SUBDIVIDER is developing Tract No. 14448 , a 98-lot single family subdivision, on the southeast corner of Northpark Boulevard and Mountain Avenue; and WHEREAS, the conditions of approval for Tract No. 14448 include the construction of sidewalk, masonry walls and landscaping along Northpark Boulevard, Mountain Drive and Hill Drive, adjacent to the tract boundaries; and WHEREAS, SUBDIVIDER desires for the City to establish an assessment district for acquisition of sidewalk, masonry wall and landscaping along the three periphery streets , at an estimated cost of $250 , 000 ; and WHEREAS, City is willing to establish an assessment district for acquisition of these facilities; and WHEREAS, SUBDIVIDER is willing to advance the necessary funds to finance the cost of constructing these items, subject to being repaid through the revenue generated by the assessment district; and WHEREAS, SUBDIVIDER and CITY do mutually desire to stipulate the duties and responsibilities of each party relative to formation of an assessment district and repayment of funds advanced to finance the construction costs for these items. CO-OPERATIVE AGREEMENT: Reimbursement of Costs - Tract 14448 NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS : SECTION 1 . SUBDIVIDER SHALL: a. Submit a petition to CITY, signed by 100% of the property owners, requesting the formation of an assessment district for construction of sidewalk, masonry wall , and landscaping, along Northpark Boulevard, Mountain Avenue and Hill Drive, adjacent to Tract No. 14448 . b. Advance the necessary funds, currently estimated to be $250 , 000 , to finance the costs for constructing these improvements . C. Finance the assessments on the lots not shown as sold on the Equalized Assessment Rolls dated 3-1- 97 and 3-1-98 . d. Provide full disclosure of existence of assess- ment district to all home buyers, by obtaining their signature (s) on a form prior to close of escrow. Said form shall provide notification of the assessment district in prominent red letters. SECTION 2 . CITY SHALL: a. Establish an assessment district for the acquisi- tion of sidewalk, masonry wall and landscaping along Northpark Boulevard, Mountain Avenue and Hill Drive, adjacent to Tract No. 14448 . Said assessment district will be for a period of 15 years, and based upon an interest rate of 7% . b. Confirm assessment rolls for submittal to the County Assessor no later than 7-20-97 and 7-20-98 . Said assessment rolls shall include the lots that have been sold, as shown on the Equalized Assess- ment Rolls, dated 3-1-97 and 3-1-98 . C. Confirm annual assessment rolls during the term of the assessment district on all 98 lots within Tract No. 14448 . d. Create a reserve account for the assessment district with the revenue received pursuant to the assessment rolls filed with the County Assessor in July, 1997 and 1998 . This reserve account shall be used for covering any differences between the amounts assessed and those actually received by the CITY from the County Assessor. - 2 - CO-OPERATIVE AGREEMENT: Reimbursement of Costs - Tract 14448 e. Make semi-annual payments to SUBDIVIDER as reim- bursement of funds advanced to finance the construction costs of the facilities acquired by the assessment district. Payments shall be in the amounts shown in the Amortization Schedule, attached hereto and marked Exhibit "I , " and shall be made within 30 days after being received from the County Assessor. f. In no case shall the CITY be obligated under this Agreement to pay SUBDIVIDER more than the amounts received from the County Assessor, and supple- mented with available funds in the Reserve Fund. SECTION 3 . IT IS FURTHER AGREED THAT: a. The CITY agrees to indemnify, and hold harmless SUBDIVIDER and their authorized agents, officers; volunteers and employees against any and all claims or actions arising from City' s negligent acts or omissions and for any costs or expenses incurred by SUBDIVIDER on account of any claim thereof. b. SUBDIVIDER agrees to indemnify, and hold harmless the CITY and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from SUBDIVIDER' S negligent acts or omissions and for any costs or expenses incurred by the CITY on account of any claim thereof. C. This REIMBURSEMENT AGREEMENT shall become effective upon establishment of the assessment district, and shall automatically terminate upon expiration of the assessment district. 3 - CO-OPERATIVE AGREEMENT: Reimbursement of Costs - Tract 14448 THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. CITY OF SAN BERNARDINO ATTEST: By Rachel Clark, City Clerk Mayor OSBOR14E DEVELOPMENT COMPANY By �f>� Approved as to form and legal content: James F. Penman City Attorney By n 4 -