HomeMy WebLinkAbout45-Public Works
c~v OF SAN ..&....
Pile NOn.42 (CUP 87-271 "7:.
- R.QueST FOR COUNCIL ACTION
Date:
4-10-90
Authorization to Execute Agree-
Subject: llIent -- Underqroundinq Utilities
& Installation of Street Improve-
ments & Landscapinq - Rec%eational
Vehicle Park (Phase II), at
1080 East Ninth Street
From: 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 authorizinq 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
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c: ~'~l
Contect person:
Roger G. Hardqrave
Staff Rtport, Ma~,
Resolut on & Aar ement
Phone:
5025
Supporting d8ta atteched:
Ward:
2
FUNDING REQUIREMENTS:
Amount: '24,875
Source: (Acct. No.)
736-301-53150
- Ninth Street, East of Twin Creek
Fin8l1C8:
Council Notes:
75-0262
Agenda Item NO~S _
4 CI rY OF MIl .....&..DlNO - RBQUDT IB.. 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, within 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'otals
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
~ crrY OF MIl .....a...NO - MGUUT .&. 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 I 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
75-026.
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH
EXECUTION OF AN AGREEMENT WITH ED LEONELLI AND DOMINIQUE MORE
3 RELATING TO MAKING SEMI-ANNUAL PAYMENTS ON THE COST FOR UNDER
. GROUNDING UTILITIES AT 1080 EAST NINTH STREET.
BE IT RESOLVED BY THE MAYOR AND CO~ION COUNCIL OF THE CIT
S OF SAN BERNARDINO AS FOLLOWS:
4
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SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said Cit
8 an Agreement with Ed Leonelli and Dominique Morel relating to
9 making semi-annual payments on the cost of undergroundin
10 utilities at 1080 East Ninth Street, a copy of which is attache
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
IS 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
SECTION 3.
The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within sixty (60) days of the passage of this
21 resolution.
22 IIII
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26 I I I I
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4-10-90
RGH:rs
RESO:
AUTHO,ZING EXECUTION OF AGREEMFJIfil WITH ED LEONELLI AND
DOMI UE MOREL RELATING TO ~RGROUND UTILITIES AT
1080 ST NINTH STREET.
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
, 1990, by the following vote, to-
5 wit:
6
Council Members:
7 ESTRADA
8 REILLY
10 MAUDSLEY
9 FLORES
11 MINOR
12 POPE-LUDLAM
13 MILLER
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AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
Approved as to form
and legal content:
James F. Penman
23 City Atto ey
24
25 By
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4-10-90
W. R. Holcomb, Mayor
City of San Bernardino
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AGRBBMBN'J.'
THIS AGREBMBHT 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
8.
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.
VIIEREAS, 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 "An attached hereto and incorporated herein;
2.
The specific area to be undergrounded is described in
Exhibit "8" 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
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April 30, 1990
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4.
City agrees to defer the requirement for the immediate
undergrounding of the utilities described in Exhibit "B" under
the terms and conditions that follow:
a)
The undergrounding of ~he utilities, as set forth on
Exhibit "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
b)
placed underground.
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 Resolution 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
d)
five (5) years from date of notice.
Any security provided hereunder shall remain in place
until complete retirement of the debt by Developer.
JFW/bg [More1.Agr]
April 30, 1990
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5.
The security shall provide that the debt shall be
immediately due and owing at the time of any transfer
of interest in the subject real property.
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 ~re of and for the
benefit of the subject real property and shall run with the land.
Said covenants are also further hereby made a personal obligation
of the Developer, his ,heirs, assigns, trustees and all others
taking through his interest.
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 the City has already done so.
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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
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April 30, 1990
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b)
c)
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April 30, 1990
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accordance with approved Drawing No. 7291; on
file in the office of the Director of Public
Works/City Engineer.
The Developer al~o 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.
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.
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d) 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
e)
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)
With 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.
9.
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
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April 30, 1990
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c)
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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 pf Parks and Recreation, San
Bernardino County Flood Control District, and the
San Bernardino City Planning Department.
The City 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.
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.
25 the cost of the water for maintenance of that
City shall provide the water meter and shall pay
26 portion of the landscaping within the boundaries
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April 30, 1990
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of the property owned by the San Bernardino
County Flood Control District.
10. This Agreement shall not create between the parties
the relationship of employe~-employee, principal-agent,
partnership or any other relationship except as specifically
outlined herein.
11. Waiver by the City of any breach of this Agreement
8 shall not be construed as a waiver of any other breach.
9
12. Any notice to be given under this Agreement shall be
10 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:
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City Administrator
300 North "0" Street
San Bernardino, CA 92418
Developer
Dominique Morel & Edward Leonelli
425-D 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.
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13. This Agreement represents the entire and integrated
19 Agreement between the parties hereto and supersedes all prior and
20 contemporaneous negotiations, representations, understandings and
21 agreements, whether written or oral, with respect to the subject
22 matter thereof. This Agreement may be emended only by written
23 instrument signed by both parties.
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14. Developer covenants and agrees to defend, indemnify
25 and save harmless the City and its employees and agents from all
26 liabilities and charges, expenses (including attorney's fees),
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April 30, 1990
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suits or 10sses however occurring, or damages arising or growing
out of all operations 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. HOlCOlllb, Mayor
City of San Bernardino
City Clerk
Approved a. to form
and legal content:
DEVELOPER
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By:
By:
EdwarCS Leonelli, Owner
JFW/bg [Morel.Agr]
April 30, 1990
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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.
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BXIlIBI'.l' -A-
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EXHIBIT "B"
The utf,1 ftfes. consfstfng of electrical. telephone and
cable TV Ifnes. along the north sfde of Nfnth Street.
adJofnfng this parcel. are to be undergrounded.
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