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File No. 11.42 (CUP 87-27)
CITY OF' SAN _R.RDINO - REQUEST ~A COUNCIL ACTION
Date:
7-06-90
Authorization to Execute Agree-
Su~e~:ment -- Undergrounding Utilities
Installation of Street Improve-
ments & Landscaping -Recreational
Vehicle Park (Phase II), at
1080 East Ninth Street
_m'
~Pt:
ROGER G. HARDGRAVE
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.
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
Conta~ person:
Roqer G. Hardqrave
Staff Report, Map,
Resolution & Aqreement
Phone:
5025
Supporting data attached:
Ward:
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FUNDING REQUIREMENTS:
Amount: $32,750
Source: (Acct. No.!
736-301-53150
(Acct. Descriotionl
- Ninth Street, East of Twin Creek
e.ncil Notes:
Street Improvements & Landscaping
Finance: C.t-~A,,,,--~, Dr-" -
..'" n........
Aoenda Item No.
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Fi1~O. 11.42 (CUP 87-27)
SYNOPSIS OF PREVIOUS COUNCIL ACTION Continued
6-18-90
7-02-90
Continued to 7-02-90.
Referred to Legislative Review Committee.
CITY OF SAN BER"DINO - REQUEST "R COUNCIL ACTION
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75-0264
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 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
CITY OF SAN BER~DINO - REQUEST OR COUNCIL ACTION
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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.
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7-06-90
75-0264
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1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DOMINIQUE MOREL AND ED LEONELLI RELATING TO CERTAIN LANDSCAPING.
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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 is hereby authorized and directed to
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execute on behalf of said City an Agreement between the City of
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San Bernardino and Doninique Morel and Ed Leonelli relating to
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certain landscaping attached hereto as Exhibit "A" and
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incorporated herein.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the ag=eement
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
day of
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
DAB/ses/Authsig3.res 1
July 6, 1990
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DOMINIQUE MOREL AND ED LEONELLI RELATING TO CERTAIN LANDSCAPING.
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3
The foregoing resolution is hereby approved this
day
4
of
, 1990.
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6
w. R. Holcomb, Mayor
7 City of San Bernardino
8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
10 City Attorney
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By: C'lc..-..........,
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DAB/ses/Authsig3.res 2
July 6, 1990
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AGREEMENT
THIS AGREEMEN'l' is entered into as of this
day of
,
1990, by and between the CITY OF SAN
BERNARDINO, a charter city ("City"), and DOMINIQUE MOREL and ED
LEONELLI ("Developer").
WITNESSETH:
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
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B.
WHEREAS, such undergrounding is in the best interests
12 of the health and safety of the community; and
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C.
WHEREAS,
developer seeks to incur the cost of
establishing and maintaining certain on-site and off-site
landscaping in lieu of incurring the costs of undergrounding
16 utilities; and
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D.
WHEREAS, City is willing to cooperate in allowing the
18 establishment and maintenance of such landscaping in lieu of
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compliance with the requirement to underground utilities.
NOW, THEREFORE, the parties hereto agree as follows:
1. The property owned by Developer, which property 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 specific area to be landscaped hereunder is
described as "Landscape" in Exhibit "C" which is attached hereto
and incorporated herein.
JFW/bg [More16.Agr]
June 26, 1990
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4. In lieu of undergrounding of utilities or payment of a
fee therefor, with respect to the undergrounding requirements
described in Exhibit "B" hereto, and prior to issuance of a
Certificate of Occupancy for the subject development:
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
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C)
d)
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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
Developer as to the cost to be reimbursed for the
City's proportionate share.
Any portion of the work performed by Developer
shall be reimbursed by City for one hundred
percent (100%) of the actual costs incurred for
City's proportionate share, but in no case shall
exceed one hundred percent (100%) of such
proportionate share of the low bid price.
Any reimbursement for work described in (a)
through (d) above shall be made within thirty
(30) days from the date of acceptance of the work
by the City Engineer.
f)
with respect to any work performed hereunder, the
cost of which is to be reimbursed by City,
Developer
shall require
or maintain
such bid
bonds,
materialmen
bonds,
labor
bonds,
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June 26, 1990
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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.
5.
In addition to the covenants set forth hereinabove:
a)
b)
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 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
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June 26, 1990
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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.
c)
Installation of landscaping shall be completed
within the time period set forth in Section 4(a)
of this Agreement.
6.
Developer shall pay any and all future costs of
13 maintenance of property landscaped pursuant to this Agreement.
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Such property shall be maintained in a proper condition as
determined by the City Engineer in his sole discretion. Failure
16 I 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.
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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 specific reference to that portion of the landscaping within the
25 boundaries of the property currently owned by the San Bernardino
26 County Flood Control District.
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8. This Agreement shall not create between the parties
the relationship of employer-employee, principal-agent,
JFW/bg [MoreI6.Agr]
June 26, 1990
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1 partnership or any other relationship save that of independent
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contracting parties under the terms specifically set forth
3 herein.
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9.
Waiver by the City of any breach of this Agreement
5 shall not be construed as a waiver of any other breach. Failure
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by the City to exercise its remedies as to any breach shall not
be construed as a permanent waiver of such breach or of City' s
right to enforce any provision of the Agreement.
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:
Citv
Developer
City Administrator
300 North "D" Street
San Bernardino, CA 92418
Dominique Morel & Edward Leonelli
425-D North Newport Boulevard
Newport Beach, CA 92663
Nothing in this paragraph shall be construed as preventing
the giving of such notice by personal service.
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.
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12. 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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suits or losses however occurring, or damages arising or growing
out of all active or passive operations under this Agreement.
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June 26, 1990
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13. 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.
14. Upon any breach of this Agreement by Deve loper, its
successors or assigns, any party(s) then in possession and/or
ownership of the subject premises shall be immediately liable to
the City for an amount of money equal to the costs of
undergrounding of utilities in the area described in Exhibit "B".
Such costs shall be determined as of the time of the occurrence
of such breach. That sum should be deemed to be immediately due
and owing to the City by any possessor and/or owner.
Said sum
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:
DEVELOPER
JAMES F. PENMAN,
City Attorney
By: Oa"",-,,#? ~____
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--, eft!
By: ._._~">6~C;........_ ?C.\to. '\, ~k1
Dominique Morel, Owner
/
By: <f;;t471'vt!,~,ncL~~
Edward Leonelli, Owner
JFW/bg [MoreI6.Agr]
June 26, 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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EXHIBIT wAw
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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.
EXHIBIT "B"
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<('- 3-?'-'
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AGREEMBNT
THIS AGRBBIIBIrr is entered into as of this
day of
, 1990, by and between the CITY OF SAN
BERNARDINO, a charter city ("City"), and DOMINIQUE MOREL and ED
LEONELLI ("Developer").
WI'l'NBSSETH:
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.
developer seeks to incur the cost of
WHEREAS,
establishing and maintaining certain on-site and off-site
landscaping in lieu of incurring the costs of undergrounding
utilities; and
D. WHEREAS, City is willing to cooperate in allowing the
establishment and maintenance of such landscaping in lieu of
compliance with the requirement to underground utilities.
NOW, TBBREFORE, the parties hereto agree as follows:
1. The property owned by Developer, which property 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 specific area to be landscaped hereunder is
described as "Landscape" in Exhibit "C" which is attacp.ed hereto
and incorporated herein.
JFW/bg [MOrelS.Agr]
July 30, 1990
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4. In lieu of undergrounding of utilities or payment of a
fee therefor, with respect to the undergrounding requirements
described in Exhibit "B" hereto, and prior to issuance of a
Certificate of Occupancy for the subject development:
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.
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July 30, 1990
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C) 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
herell.nder, 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
d)
Developer as to the cost to be reimbursed for the
City's proportionate share.
Any portion of the work performed by Developer
shall be reimbursed by City for one hundred
percent (100\) of the actual costs incurred for
City's proportionate share, but in no case shall
exceed one hundred percent (100\) of such
proportionate share of the low bid price.
Any reimbursement for work described in (a)
through (d) above shall be made within thirty
(30) days from the date of acceptance of the work
by the City Engineer.
With respect to any work performed hereunder, the
cost of which is to be reimbursed by City,
e)
f)
Developer
bonds,
shall require or maintain such bid
,.
materialmen bonds, labor bonds,
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July 30, 1990
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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.
50 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 a chain link fence along the southerly side
of the East Twin Creek Flood Control Channel all
as generally set forth in Exhibit "CO.
b) 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"o
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
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July 30, 1990
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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.
C) Installation of landscaping shall be completed
within the time period set forth in Section 4(a)
of this Agreement.
6. Developer shall pay any and all future costs of
maintenance of property landscaped pursuant to this Agreement.
Such property shall be maintained in a proper condition as
determined by the City Engineer in his sole discretion. Failure
of Developer to correct any deficiencies in such maintenance
within thirty (30) days written notice of same from the City
Engineer or a designee, shall constitute a breach of this
Agreement.
7. Developer shall pay all costs of extending water and
electrical service to all properties described herein and shall
pay all future costs of the water and electricity for maintenance
of all properties landscaped pursuant to this. Agreement with
specific reference to that portion of the landscaping within the
boundaries of the property currently owned by the San Bernardino
County Flood Control District.
S. This Agreement shall not create between the parties
.,
the relationship of employer-employee, principal-agent,
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July 30, 1990
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partnership or any other relationship save that of independent
contracting parties under the terms specifically set forth
herein.
9. Waiver by the City of any breach of this Agreement
shall not be construed as a waiver of a~y other breach. Failure
by the City to exercise its remedies as to any breach shall not
be construed as a permanent waiver of such breach or of City's
right to enforce any provision of the Agreement.
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 "D" Street
San Bernardino, CA 9241S
Dominique Morel , Edward Leonelli
425-D North Newport Boulevard
Newport Beach, CA 92663
Nothing in this paragraph shall be construed as preventing
the giving of such notice by personal service.
11. 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
matter thereof.
This Agreement may be amended only by written
instrument signed by both parties.
12. Developer covenants and agrees to defend, indemnify
and save harmless the City and its employees and agents from all
liabilities and charges, expenses (including attorney's fees),
suits or losses however occurring, or damages arising or growing
"
out of all active or passive operations under this Agreement.
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1 13. This Agreement is hereby made binding on the heire,
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
14. As to breach of a covenant of this Agreement, City may
1 immediately enter the subject real property pursuant to that
8 easement for landscape maintenance attached hereto as Exhibit "C"
9
and by this reference made a part hereof.
Pursuant to such
10 easement, City shall perform such acts as are necessary to
11 install and maintain landscaping on the subject real property and
12 shall make the costs thereof a lien against the real property of
13 the developer as described in Exhibit "A" hereto.
14 IN WITNESS WHEREOF, the parties hereto have executed this
15 Agreement on the day and date first above shown.
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ATTEST:
CITY OF SAN BERNARDINO
By:
W.R. Holcomb, Mayor
City of San Bernardino
City Clerk
Approved as to form
and legal content:
JAMES P. PENMAN,
City Attorney
By: (J - ~.It~
(J
DEVELOPER
By:
Dominique Morel, OWner
By:
Edward Leonelli, Owner
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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, a. per plat recorded in
Book 7 of Maps, Paqe 2, record. of .ai~ County, lying
Southerly and Easterly of the Southerly and Zuurly line.
of that certain Parcel of land conveyed to the San
Bernardino County Flood Control District, ))y Deed recorded
November 23, 1959 in Book 4988, paqe 539, Official Record.
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 ))y Deed recorded Auqu.t 29,
1959, in Book 4915, paqe 168, Official Recordl of said
County.
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BDIBI'l' -A-
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The utilities, consisting of electrical, telephone and cabl.
T:V line., along the north side of Ninth Stre.t, adjoining the
parcel de.cribed in Exhibit "A" of the Agreement, are to be
undergrounded.
A!Y1fIBIT "B"
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. CITY HALL
300 N~: 5....,
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.AClMOYI11tII UNI POflI ".CORDIIII" UlI
E ~ S E ~ E ~ T
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EDWARD LEONEI.Ll and EVEL'iS UOllELLI. husbencl ano wite and DOIIlSlQl.;; ~OREL and
.-----.. --
~ARIELLE D. vOREL. hils band and wife
.--------- - .._-
FOR A V AWAILE CONSIDERA nON. -iJIC o( which io "'reby ..-..dpd. (Grilliot. G....,on)
Do __ Hereby G....,'o Ibo CITY OF SAN IEllNARDINO. . !ofunlcipol Corpanlloa. _ .an eas..ent for
the ...intenance ot lanclscapl", ODd appurtenant tacilities. in, over, under and across
. - -
Ibo mI plOpOny in Ibo City o( Su Ie..-. COIlIl'Y of Su ~. 5_ o(CIJI(omla, doocriiood . (oIIow&:
The South 20.00 teet of that portion of Lot 3. Block 42. Rancho San Bernard ino. as
per plot thereot r~corded In Book 7 of ~aps. po,e 2. records of the County Recorder
ot said County. lying Southerly ~ Easterly of the Southerly and Easterly line. of
that certain porcel ot laneI conveyed to the San Bernardino County Flood Control
District by Deod recorded Nov..-bar 23. 1959 in Book 4988. po,e 539. Official Records
of said County. AND Iyi", Southerly of the Southerly Hne of thet certain porcel ot
laneI conveyed to the San Bernardino County Flood Control Di.trict by Deed recorded
AUlUst 2'1. 1959 in Book 4'115. po,. 168. Official Records of said County.
(SEE OVER)
EVELYN LEONELLI
EDWARD LEONELLI
Y.ARIELLE D. MOREL
Do,ed _.___. ,19_
oo~:ISIQl;E !lOREL
ACJCoIOWLEDGEMEST OF GRAlIITOR:
This it 10 .-Ii" ..... tt'Ie ItltertIt ,ft ,... proDIt1Y
COftWell" ~ tfIlI WlIIWI ''''''umen1 to the CIty of 511ft STATE OF CAUFOR.'1I~
...,.... CII........ . muftlClOII CCWPOl8"Oft. II ...,..,
JCCID1tiI Dv ..... of IftlI CI~ Cot.tnetl...... .... ..... 55.
COMlftIl to tfIlI tCOtGlbOn ...... DY ItI duly lUttIoNId COUNTY OF
_. Do
0.... ..------- boton nil
CITY OF SAN I'RHARDlHO a Notary hblic: ill 1M for said Count)' and State. penona11y appeared
$v -------
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......... lO nil '0 bo... pelWft _.- ..... - sub.
scribod 10 Ibo _ iDIU1Imon' and acknowlodpd lbo' -
.-" Ibo ......
WITNESS III)' hlIld and oflldal .....
"'01lJy Public in ... (or Slid COunI)' and 51010
IoIvCo....-.
Ptn. 'lth 5t.. W/O Tlppe<:anoe POn NOTARY IIAL 011 IT_
Loca,1oa .__' --
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Fllcllo. .______........._...---
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EXHIBIT .C.
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Entry onto the .ubj.ct r.al .property .ball be ..d. ~. the Clt~. or
..ploy... at .uch tiec. a. th. Gr~ltor or hi. .ucc...or. and a..igns
in.tall or fails to ..intain the land.capinl as installed.
its al.nts
sba II fail
or
to
Th. .a....nt b.r.in srant.d .ball include tb. rilbt to .nter the .ubj.ct r.al
property and to perfon .uch acts as are to be perfoned for the In.tallation or
.aint.nanc. of tb. land.capinl which i. the .ubj.ct h.r.ot and to u.. .uch ar.a.
adjac.nt to tb. .a....nt a. ~v be rea.onably n.c...ary for perfoninl tb. work and
for acc.s. to tb. wor~ durinl such installation or ..int.nanc..
The .as.llent h.r.in sranted .ball also includ. tb. ript to plac. a Ii.n on the
Grantor'. property for the cost of sucb installation or Mint.nanc. in the ev.nt .uch
installation or Mintenanc. beco..s n.ce..ary as d.tenin.d ~' the City.
Th. covenants h.rein are of and for the ben.fit of tb. .ubject property and
ronstitute a covenant runnins with the land. SUch covenants are bindins on tb..
Grantors,.their heirs. successors and assilftS.
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