HomeMy WebLinkAbout1980-148 RESOLUTION NO. _,Ll -
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH NORMAN ACKERMAN RELATING TO
3 REIMBURSEMENT FOR OVERSIZE STORM DRAINS IN TRACT NO. 10 ,500.
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4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS :
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SECTION 1. The Mayor of the City of San Bernardino is
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! hereby authorized and directed to execute on behalf of said City
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an Agreement with Norman Ackerman relating to reimbursement for
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oversize storm drains in Tract No. 10 ,500 , a copy of which
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10 is attached hereto, marked Exhibit "A" and incorporated herein
11 ' by reference as fully as though set forth at length.
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12 I HEREBY CERTIFY that the foregoing resolution was duly
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13 '! adopted by the Mayor and Common Council of the City of San
14 Bernardino at a � ,yA ,l,� meeting thereof, held
on the ;f day of , 1980 , by the following
!6 vote, to wit:
AYES: Councilmen
NAYS: '7
ABSENT: �z� nQ�
22 City Clerk
2 The foregoing resolution is hereby appro this i _ day ;
24 of 1980 .
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Aa-foe o e City o San Bernardino
Approved as to form:
2 City At orney
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A G R E E M E N T
2 (Reimbursement for Oversize Storm Drains)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City" , and
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5 NORMAN ACKERMAN, 3271 North "I" Street, San Bernardino,
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6 California 92405 , an individual , referred to as "Subdivider" .
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7 City and Subdivider agree as follows : G
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8 1. Recitals.
9 (a) Pursuant to Government Code Sections 66485 ,
10 1, 66486 and 66488 , a city may require a subdivider to install
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11 limprovements which contain supplemental size, capacity or number
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12 , for the benefit of property not within the subdivision, provided
13 that the city reimburses the subdivider for the difference be-
14, ! tween the amount it would have cost the subdivider to install
1 such improvements to serve the subdivision only and the actual
zC- cost of the improvements . Section 6 of Ordinance No . 3873 of the
City of San Bernardino provides for such reimbursement.
(b) On October 2 , 1978 , the Mayor and Common Council
3 % approved the tentative subdivision map for Tract No. 10 ,500 , of
which Subdivider is the developer. On March 17 , 1980 , the Mayor
21 and Common Council extended the life of the tentative subdivision
22 Imap for Tract No. 10,500 until April 2 , 1981 .
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23 (c) As a condition of approval of the final sub-
24 ;'! division map for Tract No. 10 ,500 , City will require Subdivider
25 to construct certain improvements , which are described in Drawing
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^, INo. 5538 , on file and pending approval in the office of the
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1° City Engineer. City' s Director of Public Works/City Engineer
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has determined that a portion of the improvements which will
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be required are of supplemental size, for the benefit of property
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2 not within the subdivision.
3 (d) The alignment of a storm drain on the City' s Plan
4 is shown in Lynwood Drive. It is anticipated that a portion of
5 Lynwood Drive will be vacated in order to allow development of
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6 an adjacent property in the most practical and efficient manner.
7 This change in alignment will require a portion of the storm
8 drain facilities to be installed by subdivider to be larger than
would otherwise have been required.
10 (e) The items which the City Engineer has determined
1i to be supplemental , and their estimated cost, are as follows :
12 (1) Install 126 Ft. of 69" Pipe $ 7,767
in lieu of 54"
I?, (2) Junction Structure for 45" Pipe 3 ,550
in lieu of 24"
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(3) Install 67 Ft of 45" Pipe 1,608
in lieu of 24" Pipe
(4) Flume Transition, for 69" Pipe 440
in lieu of 54" Pipe
(5) Transition Structure in lieu 1 ,230
of Concrete Collar
(6) Additional Engineering Costs 1,550
Sub-Total $16 , 095
2; Inflation 150 2 ,414
22 Contingencies 50 805
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23 Total
$19,314
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2. Construction and Reimbursement. Subdivider agrees to
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construct the supplemental facilities , as described in Paragraph
of this agreement and in Drawing No. 5538 . Construction shall
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jibe accomplished in accordance with a subdivision improvement
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I jagreement between City and Subdivider, to be entered into con-
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2 Icurrently with approval of the final map for Tract No. 10 ,500.
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3 IlCity agrees to reimburse Subdivider for the cost of the described
4 iisupplemental facilities, in the total amount of $19,314 . Payment
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shall be made upon completion and acceptance of the facilities by
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6 - City. Subdivider agrees to accept the amount of $19 ,314 as pay-
7 I; ment in full for all costs of constructing supplemental facilities,
8 in connection with Tract No. 10 ,500.
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IN WITNESS WHEREOF, the parties have executed this agree-
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10 ment on j /S` 1980 .
CITY OF SAN BERNARDINO�_
1 ATTEST:
12 g z_
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13 Ma of
City Clerk
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NORMAN ACKERMAN
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17 Approved as to form:
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City A torney
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