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HomeMy WebLinkAbout55-Public Works .1 CITY. SAN URNARDIN" R.a;~~;Oi=~4_~1~7~1ON ;. From: ROGER G. HARDGRAVE Dept: Public Works Date: 7-06-90 Authorization to Execute Agree- Subject:ment -- Undergrounding Utilities Installation of Street I18prove- ments II Landscaping -Recreat-i..,.".l Vehicle Park (Phase II), at 1080 East Ninth Street Synopsis of Previous Council ection: 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 tQe appropriate steps to make sure the original conditions .of the contract are enforced. 05-21-90 -- Cont. to 6-4-90 & referred to Legislative Review Committee. 06-04-90 -- Continued to 6-18-90. (Continued on 2nd 'Page) Recommended motion: 1. Adopt resolution. 2. That a benefit resolution be prepared for consideration by the Community Development Commission allocating approximately $32,750 for street and landscaping improvements on Ninth Street, east of Twin Creek Channel. cc: Shauna Edwins Jim Penman Annie Ramos Ken Henderson Robert Temple Supporting date attlIChed: Roqer G. Hardqrave Staff Report, Map, Resolution & Aqreement Phone: 5025 Contect parson: Ward: 2 , FUNDING REQUIREMENTS: Amount: $32,750 (Acct. DescriDtionl 736-301-53150 Street Improvements & Landscaping Financa: ~.d...... -. Sourca: (Acct. No.l _ Ninth Street, East of Twin Creek Council Notes: Agenda Item No 5 j . . . . o File No. 11.42 (CUPC/7-27) , SYNOPSIS OF PREVIOUS COUNCIL ACTION Continued 6-18-90 7-02-90 Continued to 7-02-90. Referred to Legislative Review Committee. CITY., SAN _RNARDIN" R_VEST FOR COUNCIL ~ION , 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 ill1lllediate 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 COll1lllence 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 provide, in general, that the Developer will install street and drainage improvements along the frontage of Phase II of the recreational vehicle park, and from the west boundary of Phase II to the bridge over East Twin Creek Channel. Also, to install landscaping, complete with an automatic irrigation system, on the triangular parcel west of their park, that is owned by the San Bernardino County Flood Control. The Developer will assume responsibility for perpetual maintenance of the landscaping and irrigation system. The City agrees to reimburse the Developer for 100% of the cost incurred for installation of street and drainage improvements adjacent to the Flood Control parcel west of Phase II. Also, to accept participation by the Developer in lieu of the requirement to underground the existing overhead utility lines along the north side of Ninth Street. A preliminary estimate of cost for the street and . drainage improvements, to be reimbursed by the City, is $32,750. 7-06-90 75-0264 . CITY" SAN BERNARDINae REVEST FOR COUNCIL e-rION - STAFF REPORT Page 2 of 2 Funds to finance the City's participation will be derived from the tax allocation bond proceeds. . A resolution of mutual benefit will need to be prepared by the Redevelopment Agency to authorize the expenditure of up to $32,750 to reimburse the Developer. We recommend that the Agreement be approved. 7-06-90 15~0264 .." ., .. -- @ i "- .. " , i ~ ~ III "- .. ~~ N II) I . : = . ! ~ I si 1- I I \ -f f(fI ~ ... " J'.' \) 1i ~ ... ~.~ p ~ ~ I: ~ - . ~ -. N .@ ~ ~ ~ iii ~ 0 ~ ,. --~ .: III a . I~ 7-06 -90 ~ . ... " I II - ~ ....,0'''''''.::. W =\t....... !i '';Or''''' ~ .u --- 8 Q.- 001 ~l .1It CD ~,... IItC\,l 1It~ ::0 litO CUD . 9 10 11 12 13 14 15 16 17 20 22 .23 ~ - - - . o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 3 DOMINIQUE MOREL AND ED LEONELLI RELATING TO CERTAIN LANDSCAPING. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement between the City of San Bernardino and Doninique Morel and Ed Leonelli relating to certain landscaping attached hereto as Exhibit "A" and incorporated herein. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1990, by the following vote, to wit: day of 18 Council Members: AYES NAYS ABSTAIN 19 ESTRADA REILLY 21 FLORES MAUDSLEY MINOR 24 POPE-LUDLAM 25 MILLER 26 27 28 City Clerk DAB/ses/AuthSig3.res 1 July 6, 1990 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - . . o 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BBltNARDINO AND 2 DOMINIQUE MOREt AND ED LEONELLI RELATING TO CERTAIN LANDSCAPING. 3 4 5 6 The foregoing resolution is hereby approved this day , 1990. of w. R. Holcomb, Mayor 7 City of San Bernardino 8 Approved as to form and legal content: 9 JAMES F. PENMAN, City Attorney By: ~ '1..f~ (/ 26 27 28 2 DAB/seS/AuthSig3.res July 6, 1990 . . o o 1 2 AGRBBMIUI'l' 3 THIS JU:D1fInIBIft is entered into as of this 4 day of 1990, by and between the CITY OF SAN 5 BERNARDINO, a charter city ("City"), and DOMINIQUE MOREL and ED 6 LEONELLI ("Developer"). 7 WITNESSBTH: 8 A. WHEREAS , the City has instituted a program of 9 undergrounding utilities within the City in a gradual process as 10 property is developed; and 11 B. WHEREAS, such undergrounding is in the best interests 12 of the health and safety of the community; and 13 c. WHEREAS, developer seeks to incur the eost of 14 establishing and maintaining certain on-site and off-site 15 landscaping in lieu of incurring the costs of undergrounding 16 utilities; and 17 D. WHEREAS, City is willing to cooperate in allowing the 18 establishment and maintenance of such landscaping in lieu of 19 compliance with the requirement to underground utilities. 20 NOW, TBBRBFORE, the parties hereto agree as follows: 21 1. The property owned by Developer, which property is the 22 subject of this Agreement, is described in Exhibit "A" attached 23 hereto and incorporated herein. 24 2. The specific area to be undergrounded is described in 25 Exhibit "B" attached hereto and incorporated herein. 26 3. The specific area to be landscaped hereunder is 27 described as "Landscape" in Exhibit "C" which is attached hereto 28 and incorporated herein. JFW/bg [MOrel6.Agr] June 26, 1990 1 . 1 . o o 4. In lieu of undergrounding of utilities or payment of a 2 fee therefor, wi th respect to the undergrounding requirements 3 described in Exhibit "B" hereto, and prior to issuance of a 4 Certificate of Occupancy for the subject development: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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". Plans for such installation are to be submitted to City within 45 days after execution of Agreement. The work of installation will be completed within 120 days after approval of plans by the City. The street and drainage improvements shall be constructed in accordance with approved drawings to be placed 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 the time periods set forth above. The street and drainage improvements shall be constructed in accordance with approved drawings on file in the office of the Director of Public Works/City Engineer. JFW/bg [MOre16.Agr] June 26, 1990 2 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 c) d) . o . The City agrees to reimburse the Developer for one hundred percent (100\) 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 described in (a) and (b) above, from licensed contractors, and submit same to the City Engineer for review and approval. Such approval shall be binding on e) f) bonds, materialmen bonds, labo'r bonds, JFW/bg [MOrel6.Agr] June 26, 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 I I . o o s. performance bonds, evidence of worker's compensation, and other insurances as would be required by the City for such work. Any contract awarded hereunder shall 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 b) 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 a chain link fence along the southerly side of the East Twin Creek Flood Control Channel all as generally set forth in Exhibit .C., 1. For the 20-foot setback from street right-of- way line, the landscaping and automatic irrigation system shall be installed in accordance with plans furnished by the Developer and approved by the City Engineer, Such landscaping shall be consistent with the existing landscaping to the east of the east property line of the property described in Exhibit "A". 2 . Between the setback line and chain link fence, along the southerly side of the East Twin Creek Flood Control Channel, all as generally set forth in Exhibit "C", the landscaping may be of lesser intensity and quality than within the JFW/bg [MOre16.Agr] 4 June 26, 1990 1 2 3 4 5 6 7 8 9 10 11 12 . o . setback area. However, said lesser landscaping shall, at a minimum, consist of trees and low maintenance groundcover. 3. All plans for landscaping shall be prepared in accordance with the standards of the City Department of Parks and Recreation and conditions in the permit issued by the San Bernardino County Flood Control District. 6. Installation of landscaping shall be completed within the time period set forth in Section 4(a) of this Agreement. Developer shall pay any and all future costs of c) 13 maintenance of property landscaped pursuant to this Agreement. 14 Such property shall be maintained in a proper condition as 15 determined by the City Engineer in his sole discretion. Failure 16 of Developer to correct any deficiencies in such maintenance 17 within thirty (30) days written notice of same from the City 18 Engineer or a designee, shall constitute a breach of this 19 Agreement. 20 7. Developer shall pay all costs of extending water and 21 electrical service to all properties described herein and shall 22 pay all future costs of the water and electricity for maintenance 23 of all properties landscaped pursuant to this Agreement with 24 25 26 27 28 I I I I I I specific reference to that portion of the landscaping within the boundaries of the property currently owned by the San Bernardino County Flood Control District. 8. This Agreement shall not create between the parties the relationship of employer-employee, principal-agent, JFW/bg [More16.Agr] June 26, 1990 5 . o o 1 partnership or any other relationship save that of independent 2 contracting parties under the terms specifically set forth 3 herein. 4 9. Waiver by the City of any breach of this Agreement 5 shall not be construed as a waiver of any other breach. Failure 6 by the City to exercise its remedies as to any breach shall not 7 be construed as a permanent waiver of such breach or of City' s 8 right to enforce any provision of the Agreement. 9 10 11 12 13 14 15 10. Any notice to be given under this Agreement shall be given from one party to the other, in writing, by deposit in the United States Postal Service, postage prepaid, and addressed as follows: ~ DeveloDer 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 11. 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 amended only by .written 23 instrument signed by both parties. 24 12. 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), 27 suits or losses however occurring, or damages arising or growing 28 out of all active or passive operations under this Agreement. JFW/bg [More16.Agr] June 26, 1990 6 1 . o o 13. This Agreement is hereby made binding on the heirs, 2 successors and assigns of the undersigned, and anyone taking 3 through their interest. Developer hereby covenants to place all 4 such persons on notice of the existence of and the provisions of 5 this Agreement. 6 7 14. Upon any breach of this Agreement by Developer, its successors or assigns, any party ( s) then in possession and/or 8 ownership of the subject premises shall be immediately liable to 9 the City for an amount of money equal to the costs of 10 11 undergrounding of utilities in the area described in Exhibit "B". Such costs shall be determined as of the time of the occurrence . 12 of such breach. That sum should be deemed to be immediately due 13 and owing to the City by any possessor and/or owner. Said sum 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I shall be paid as liquidated damages and not as a penalty. 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: JAMES F. PENMAN, City Attorney By: Oa.~ T ~---- () DEVELOPER By: ~()tu.;:w:~ VkP. Dominique Morel, owner By: ~~.~ Edward Leonelli, OWner JFW/bg [MOre16.Agr] June 26, 1990 7 - - . . . o 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, paqe 2, records of said County, lyinq 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, paqe 539, Official Records of said County, and lyinq Southerly of the Southerly line of that certain parcel of land conveyed to the San Bernardino County Flood Control District by Deed recorded Auqust 29, 1959, in Book 4915, paqe 168, Official Records of said County. .. EDtBIT -A- -- - - ~ - - - . . . o , The utilities, consisting of electrical, telephone and cable TV lines, along the north side of Ninth Street, adjoining the. parcel described in Exhibit "A" of the Agreement, are to be undergrounded. RXMI8IT "8" .1 - - - - - . I - - . . . d~ll~~ ~ - :II .. > ~,,~"CD ~ "':I:I CD", lI:~~S:: ",I- I ~ "I ... , - lC)e: A.L1' --- og \ I . - ~ _U I Itg-o \ ./ 1- \ ~. @ ~Q.'S ~ ~ ~ ... \ .J/Ii..,., .'" CD 0 ~., (I) ~~e "'t\I- @ : .. 111 u :c ",Oe: 11>>00 . ClIl1C1) . '" ~11"IJ' @ " " , , " ------------f i I ... '@. t@ .l- ii . ~..;a; .-'f ~ t ~ I I I I J -- or. i ~ i ~ ~ . N .., <i) :ll . ! si It u -'- ~ <S) ~ @ II .., ...... 0 -., @ ~ '" .. ai '- .. - EXHIBIT "e"