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HomeMy WebLinkAbout37-Public Works File Nc 11.42 (CUP 87-27) CITY OF SAN BERNARDINO - REQUEST roOR COUNCIL ACTION Date: 4-10-90 Authorization to Execute Agree- Subject: ment -- Undergrounding Utilities & Installation of Street Improve- ments & Landscaping - Ilecreational Vehicle Park (Phase II), at 1080 East Ninth Street rom: ROGER G. HARDGRAVE Dept: Public Works 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 condition that the owner enter into an agreement with the City to make semi-annual payments on the cost to underground. 10-16-89 -- Resolution authorizing the execution of an agreement relative to making semi-annual payments on the cost of undergrounding utilities, referred to the City Attorney to take the appropriate steps to make sure the original conditions of the contract are enforced. Recommended motion: 1. Adopt resolution. 2. That a benefit resolution be prepared for consideration by the Community Development Commission allocating approximately $24,875 for street and landscaping improvements on Ninth Street, east of Twin Creek Channel. cc: Marshall Julian ~Jim Richardson Jim Penman Larry Reed Annie Ramos Ken Henderson -~ (.:", ~~) Contact person: Roger G. Hardgrave Staff Report, Map, Resolution & Aqreement Phone: 5025 Supporting data attached: Ward: 2 FUNDING REQUIREMENTS: Amount: $24,875 Source: (Acct. No.) 736-301-53150 Acct. Oescri tion _ Ninth Street, East of Twin Creek Finance: Council Notes: 75-0262 Agenda Item No 37 CiTY OF SAN BERNARDINO - REQUEST F"R COUNCIL ACTION STAFF REPORT Page 1 of 2 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 utility 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 immediate 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 $40,000, but the semi-annual payments will be based upon the actual cost. Mr. Ed Leonelli has requested that the cost be limited 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. At the Council meeting of 10-16-89, the matter was referred to the City Attorney. 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. The original Agreement has been amended to include in- stallation of street improvements, from the west property line of the R. V . Park to the bridge over the East Twin Creek Flood Control Channel, wi thin 120 days. Also, that the area between these limits, and from Ninth Street to the fence along the south side of the Flood Control Channel, will be landscaped. Costs for the street improvements and landscaping will be borne equally by the Developer and City. Listed below is a breakdown of the preliminary estimate of cost for the street improvements and landscaping: Street Improvements Landscaping (9.950 S.F.1 Totals Developer $16,375 8,500 $24,875 City $16,375 8,500 $24,875 Total $32,750 17,000 $49,750 4-10-90 75-0264 CiTY OF SAN BERNARDINO - REQUEST FuR COUNCIL ACTION STAFF REPORT Page 2 of 2 These estimated costs are based upon the work being done by contract. Some of the work may be done by the Developer 's personnel, which could reduce the cost. The landscaping will be installed on Flood Control District's property. Maintenance of the landscaping will almost certainly be a condition of the permit. Since there is not an assessment district for landscape maintenance in this area, the maintenance of this landscaping will be the responsibility of the City. Funds to finance the City's share will be derived from the tax allocation bond proceeds. All costs incurred will, therefore, be billed to the Redevelopment Agency. A resolution of mutual benefit will be presented by the Department of Community Development to authorize this expenditure. We recommend that the agreement be approved. 4-10-90 75-0264 ~. 1 RESOLUTION NO. 2 RESOLUT:':JN OF THE CITY OF SAN BERNARDINO AUTHORIZING TH EXECUTION OF AN AGREEMENT WITH ED LEONELLI AND DO~IINIQUE MORE 3 RELATING TO MAKING SEHI-ANNUAL PAYMENTS ON THE COST FOR UNDER GROUNDING UTILITIES AT 1080 EAST NINTH STREET. 4 BE IT RESOLVED BY THE MAYOR AND COM}!ON COUNCIL OF THE CIT 5 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 Ci t 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 19 20 21 22 23 24 25 26 27 28 The authorization to execute the above- SECTION 3. referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / 4-10-90 RGH:rs - - - RESO: AUTHor ',ING EXECUTION OF AGREEMEN'1' WITH ED LEONELLI AND DOMIN_",UE MOREL RELATING TO U1 :RGROUND UTILITIES AT 1080 EAST NINTH STREET. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the ~Jyor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 day of , 1990, by the following vote, to- 5 wit: 6 Council Members: 7 ESTRADA 8 REILLY 9 FLORES 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER 14 15 16 17 AYES NAYS ABSTAIN City Clerk The foregoing resolution is hereby approved this day of , 1990. 18 19 20 21 Approved as to form and legal content: 22 James F. Penman 23 City Atto ney 24 ~ 25 26 By 27 28 4-10-90 W. R. Holcomb, Mayor City of San Bernardino - 2 - ~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 AGREEMENT THIS AGREEMENT is entered into as of this day of 1990, by and between the CITY OF SAN BERNARDINO, a charter city (" Ci ty" ), and DOMINIQUE MOREL and ED LEONELLI ("Developer"). WITNESSETH: A. WHEREAS, the City has instituted a program of undergrounding utilities within the City in a gradual process as property is developed; and B. WHEREAS, such undergrounding is in the best interests of the health and safety of the community; and C. WHEREAS, developer seeks an entitlement from the City but desires to pay the cost of undergrounding of utilities over a longer period of time; and D. WHEREAS, City is willing to cooperate in allowing a longer period of time to pay such costs. NOW, THEREFORE, the parties hereto agree as follows: 1. The property which is the subject of this Agreement is described in Exhibit "A" attached hereto and incorporated herein; 2. The specific area to be undergrounded is described in Exhibit "B" attached hereto and incorporated herein; 3. The currently estimated cost for undergrounding of these utilities is $40,000.00. The parties understand that the actual cost of undergrounding may vary upward from the current estimate. III III JFW/bg [Morel.Agr] April 30, 1990 1 . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 - 4. City agrees to defer the requirement for the immediate undergrounding -.)f the utili ties described in Exhi bi t "B" under the terms and conditions that follow: 4 5 6 a) The undergrounding of the utilities, as set forth on Exhibi t "B" hereto, is deferred to such time as the utilities along one or more of the parcels adjoining the property, described in Exhibit "A", have been placed underground. b) Before execution of the Agreement by City, Developer shall provide to City a bond, or a Note secured by Deed of Trust on the subject real property, for an amount equal to the cost of such undergrounding. Said cost shall be based upon a written estimate of the short unit cost from the serving utility company( s) , and will reflect the development's proportionate share of the estimated cost for undergrounding the utility lines over the entire area adopted by the Public Works/City Engineer pursuant to Section (c)(l) of San Bernardino City Resol'ltion No. 88-65. c) At the time of the receipt of notification of intent to underground from City, Developer shall have six (6) months within which to commence payment of such costs of undergrounding. Payments may thereafter be made in equal, semi-annual payments over a maximum period of five (5) years from date of notice. d) Any security provided hereunder shall remain in place until complete retirement of the debt by Developer. JFW/bg [Morel.Agr] April 30, 1990 2 7 8 9 10 11 - 1 The security shall provide that the debt shall be 2 3 4 5 6 imm~;iately due and owing at the time of any transfer of interest in the subject real property. 5. If City does not underground said utilities or fund said undergrounding within ten (10) years following date of execution of this Agreement, Developer shall, at the end of such ten (10) years, immediately pay over to the City a sum equal to the cost determined pursuant to Paragraph 4(b) hereof, plus interest at the rate of eight (8) percent per annum from date of execution of this Agreement. 6. The covenants contained herein are of and for the 12 benefit of the subject real property and shall run with the land. 13 Said covenants are also further hereby made a personal obligation 14 15 taking through his interest. of the Developer, his heirs, assigns, trustees and all others 16 7. Developer or his successor(s) in interest may satisfy 17 his obligations hereunder at any time by undergrounding the 18 utilities, if before the City has done so, or by paying the full 19 cost of such undergrounding if ~he City has already done so. 20 21 22 23 24 25 26 27 28 8. In addition to the covenants set forth hereinabove: a) Developer agrees to construct, or cause to be constructed, the installation of street and drainage improvements along the frontage of Ninth street, of the property described in Exhibit "A", within 120 calendar days from the date of execution of this Agreement. The street and drainage improvements shall be constructed in JFW/bg [Morel.Agr] April 30, 1990 3 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 - accordance with approved Drawing No. 7291, on file in the office of the Director of Public Works/City Engineer. b) The Developer also agrees to construct, or cause to be constructed, the installation of street and drainage improvements along the north side of Ninth street, from the west line of the property, set forth in Exhibit "A", to the bridge over the East Twin Creek Flood Control Channel, within 120 calendar days from the execution of this Agreement. The street and drainage improvements shall be constructed in accordance with approved Drawing No. 7291, on file in the office of the Director of Public Works/City Engineer. c) The City agrees to reimburse the Developer for fifty (50) percent of the actual cost incurred for installation of street and drainage improvements, from the west line of the property, described in Exhibit "A", to the bridge over the East Twin Creek Flood Control Channel. Prior to commencement of any work of construction hereunder, Developer shall obtain three written bids for the complete work, from licensed contractors, and submit same to the City Engineer for review and approval. Such approval shall be binding on Developer as to the cost to be reimbursed. JFW/bg [Morel.Agr] April 30, 1990 4 . 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 d) e) 9. - ~ Any portion of the work performed by Developer shall be reimbursed for fifty (50) percent of the actual costs incurred, but in no case shall exceed fifty (50) percent of the low bid price. Any reimbursement shall be made within sixty (60) days from the date of acceptance of the work by the City Engineer. f) Wi th respect to any work performed hereunder, Developer shall require such bid bonds, materialmen bonds, labor bonds, performance bonds, evidence of worker's compensation, and other insurances as would be required by the City for such work. Any contract awarded hereunder shal contain all such provisions as would be required for a similar contract if awarded by the City. In addition to the covenants set forth hereinabove: a) The Developer agrees to install, or cause to be installed, landscaping, complete with an automatic irrigation system, on the property bounded by the sidewalk along Ninth street, west line of the property, described in Exhibit "A", and chain link fence along the southerly side of the East Twin Creek Flood Control Channel. b) The landscaping and automatic irrigation system shall be installed in accordance with plans furnished by the Developer and approved by the JFW/bg [Morel.Agr] April 30, 1990 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 - -- City Engineer. Before approving any such plans, the City Engineer shall first determine that they conform to the standards of the San Bernardino City Department of Parks and Recreation, San Bernardino County Flood Control District, and the San Bernardino City Planning Department. c) The Ci ty agrees to reimburse the Developer for fifty (50) percent of the actual cost incurred for installation of the landscaping, automatic irrigation system, and chain link fence described above. d) Developer shall obtain three written bids from licensed landscape contractors and submit same to City Engineer for review and approval, such approval shall be binding on the Developer with respect to the costs to be reimbursed. Any portion of the work done by Developer shall be reimbursed for fifty (50) percent of the actual costs incurred, but in no case shall exceed fifty (50) percent of the low bid price. Reimbursement shall be made within sixty (60) days from the date of acceptance of the work by the City Engineer. e) City shall provide the water meter and shall pay 25 the cost of the water for maintenance of that 26 portion of the landscaping within the boundaries 27 / / / 28 JFW/bg [Morel.Agr] April 30, 1990 6 7 8 9 10 ~ 1 2 3 of the property owned by the San Bernardino County Flood Control District. 10. This Agreement shall not create between the parties 4 5 6 the relationship of employer-employee, principal-agent, partnership or any other relationship except as specifically outlined herein. 11. Waiver by the City of any breach of this Agreement shall not be construed as a waiver of any other breach. 12. Any notice to be given under this Agreement shall be given from one party to the other, in writing, by deposit in the 11 United States Postal Service, postage prepaid, and addressed as 12 follows: 13 14 15 City Developer City Administrator 300 North "0" Street San Bernardino, CA 92418 Dominique Morel & Edward Leonelli 425-0 North Newport Boulevard Newport Beach, CA 92663 16 Nothing in this paragraph shall be construed as preventing 17 the giving of such notice by personal service. 18 19 20 21 22 13. This Agreement represents the entire and integrated Agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings and agreements, whether written or oral, with respect to the subject ma tter thereof. This Agreement may be amended only by written 24 23 instrument signed by both parties. 14. Developer covenants and agrees to defend, indemnify 25 and save harmless the City and its employees and agents from all 26 liabili ties and charges, expenses (including attorney's fees L 27 III 28 JFW/bg [Morel.Agr] April 30, 1990 7 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 -~ 1 2 3 suits or losses however occurring, or damages arising or growing out of all opec~tions under this Agreement. 15. This Agreement is hereby made binding on the heirs, successors and assigns of the undersigned, and anyone taking through their interest. Developer hereby covenants to place all such persons on notice of the existence of and the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. ATTEST: CITY OF SAN BERNARDINO By: W.R. Holcomb, Mayor City of San Bernardino City Clerk Approved as to form and legal content: DEVELOPER By: Dominique Morel, Owner By: Edward Leonelli, Owner By: JFW/bg [Morel.Agr] April 30, 1990 8 - - ~ That portion of Lot 3, Block 42, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 2, records of said County, lying Southerly and Easterly of the Southerly and Easterly lines of that certain Parcel of land conveyed to the San Bernardino County Flood Control District, by Deed recorded November 23, 1959 in Book 4988, page 539, Official Records of said County, and lying Southerly of the Southerly line of that certain parcel of land conveyed to the San Bernardino County Flood Control District by Deed recorded August 29, 1959, in Book 4915, page 168, Official Records of said County. EXHIBIT -A- / , .., ) EXHIBIT "B" The uti,l Hies, cons1sting of electrical, telephone and cable TV lines, along the north side of N1nth Street, adjoining th1s parcel, are to be undergrounded. . E;L 3f-