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HomeMy WebLinkAboutRS02-Redevelopment Agency -. COO ~ REDEVELOPMENT AGENCY. REQUEST FOR COMMISSION/COUNCIL ACTION .. Crom:Glenda Saul, Executive Director Dept: Redevelopment Agency Date: May 23, 1986 SubjectPWNER PARTICIPATION AGREEMENT VILLA CIELO APARTMENTS - STATE COLLEGE PROJECT AREA Synopsis of Previous Commission/Council action: None Recommended motion: (COMKllNITY DEVELOPMENT COMMISSION) c a) RESOWTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT AMONG TIlE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA CIELO, AND THE CITY OF SAN BERNARDINO - STATE COLLEGE PROJECT AREA. (MAYOR & COMMON COUNCIL) b) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA CIELO, AND TIlE CITY OF SAN BERNARDINO. ~(//;; dd/t/1 Signature ' Glenda Saul Contact person: Supporting data attached: YES Phone: 383-5081 5 Ward: FUNDING REQUIREMENTS: 125,000 SC Project: June 2, l!llSb Amount: $ No adverse Impact on City: - Date: '-ncil Notes: 966G/SL fi/2.'8'" r7 L' ..., . CI1C OF SAN BERNARDI CD - REQUEO FOR COUNCIL ACON 1'- '-' r '- ,- '-' 75-0264 STAFF REPORT We have been asked to provide financial assistance to JM Martin Development for certain landscape improvements associated with this multifamily apartment complex east of University between College Avenue and State Street. The development of 160 units is currently underway and should be completed within the next 180 days. Edison Company owns 2.85 acres of will be landscaping this area and provided by Parks and Recreation. summarized below. The landscaped land to the east of the project. The developer paying for the landscape maintenance to be A copy of the cost estimates is attached and area will be used as a public "greenbelt" area. Staff is proposing a loan to the developer in the amount of $125,000 to cover the construction and approximately two years of maintenance. The loan to bear interest at the rate of 7%. We are proposing payment of the loan upon performance, i.e. net tax increments to be applied yearly to principal and interest of the loan. If the developer does not complete his project, repayment of the loan will be required. Tbe OPA proposed is between the developer, the Agency and the City. a) The developer agreeing to complete the project including landscaping within 180 days and agreeing to pay the city for approximately two years of maintenance, of which will be paid up front upon execution of this agreement. b) Tbe agency agreeing to lend the developer $125,000. c) The City agreeing to maintain the public greenbelt area and providing liability insurance. GREENBELT COST Public Improvements (curb, gutter, paving, wheelchair ramp, driver) $ 7,000.00 Landscape Design 1,250.00 94,706.00 4,500.00 $107,456.00 Landscape Installation Cont. Admin. & Super Park & Rec. Maintenance $8,429 year x 2.08 years 17,544.00 $125,000.00 PROJECT 160 Units $6,991,000 Value Q66r.1!:T. - . CIoN OF SAN BERNARDICO - REQUU FOR COUNCIL AC'l:bN - "'- c - '- 75-0264 STAFF REPORT TAX INCREMENT $6,991,000 x 1% 70% of $69,910 $48,937 - $69,910 - $48,937 = 2 1/2 years assistance OTIlER PROJECTED CITY REVENUE Permits $489,370 (one time) 7% of development value used as "rule of thumb" Utility Tax Estimate $84,000 year .045 x SF x 12 mos "rule of thumb" Your attention is called to paragraph 5, pages 4 and 5, of the agreement. The developer has also requested that the prevailing wage rate language only apply to the area to be landscaped. The housing development has been previously contracted for. The last sentence of paragraph 5 sets forth this provision. 966G/SL 6/2/86 c ~ --- "'''' .....; :) ,- ~>> ..... Iroor ~ . R-I ,f ," " , " ", . t .", J-' " '. ." ..'t>. PRO "IIU o o o .... . '" . II: ~ . Cuwt"TAItY SCMOO&. . o R- 1~7200 .0 ~' + ~ : .. .. . ", " t ,- '-" ~ Ii R'I c .. AD. R-I'-7200 M-IA : : -p.R.1i 7unils/ocro ; I ~R.O.-2U '. . ft'-I-noo , CoM . ~ ". 0" . - '- 1fOY. 1'.0 c ,- '- - "-' - 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '- ~ - o :) ,....... V RESOLUTION NO. 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT AMONG THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA CIELO, AND THE CITY OF SAN BERNARDINO - STATE COLLEGE PROJECT AREA. 4 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF 5 THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Chairman and Secretary of the Community 7 Development Commission of the City of San Bernardino are hereby 8 authorized and directed to execute for and on behalf of the 9 Redevelopment Agency of the City of San Bernardino a Property 10 Owner's Participation Agreement among the Redevelopment Agency of 11 the City of San Bernardino, Villa Cielo, and the City of San 12 Bernardino, with such non-substantive changes to said Agreement 13 as may be approved by the Chairman and Agency Counsel. A copy of 14 said Agreement is attached hereto as Exhibit -1- and incorporated herein by this reference as though fully set forth at length. Dated: Approved as to form: AGENCY COUNSEL By~n~~ The foregoing resolution was duly adopted by the following vote, to wit: AYES: Members NAYS: ABSENT or ABSTAIN: f2.-,5A C 1 - '-' 2 3 4 5 6 7 8 9 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 25 26 - 27 '- 28 - - -, J -'--., - ....,; RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA CIELO, AND THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COONCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of said City a Property Owner's Participation Agreement among the Redevelopment Agency of the City of San Bernardino, Villa Cielo, and the City of San Bernardino. A copy of said Agreement is attached hereto as Exhibit -1- and incorporated herein by this reference as though fully set forth at length. 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 , 1986, by the following vote, to day of wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1986. Mayor of the City of San Bernardino Approved as to form: //1/ r ,/ )"/,4f,:_n~ C"-./..._.t.J./'ljc.-?~',,,// n:;;-Zvi-'--'Ct' 5-/3 City Attorney c - ""'" c - """. - - ~ - ... o --, ..J """ -.....,I PROPERTY OWNER'S PARTICIPATION AGREEMENT VILLA CIELO STATE COLLEGE PROJECT AREA SAN BERNARDINO, CALIFORNIA THIS AGREEMENT, made and entered into this day of , 19____ by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic (hereinafter RAgencyR), and VILLA CIELO, A California general Partnership, (hereinafter Rparticipating OwnerR), and the CITY OF SAN BERNARDINO, a municipal body corporate, (hereinafter RCityR). RECITALS i. The State College Project Area has been established by the Mayor and Common Council of the City of San Bernardino as an area which requires renewal and redevelopment in the interest of the health, safety and general welfare of the citizens of the City of San Bernardino. ii. The Agency has prepared, and the Mayor and Common Council of the City of San Bernardino have adopted, the official Redevelopment Plan for the renewal of the project (hereinafter the RPlanR). The Plan was adopted by the City of San Bernardino by Ordinance No. 3067 on the 27th day of April, 1970. A Certificate of Covenants, Conditions and Restrictions applicable to this property was recorded July 12, 1971, in Book 7707, Page 573, official records of San Bernardino County, California. 1 ~ - - -- - c - '-' :; :) ~- iii. The Plan provides for the participation in the renewal and redevelopment of property in the project area by the owners of various parcels of property if the owners of such property agree to participate in the redevelopment in '- conformance with the Plan, and enter into an agreement with the Agency to give effect to various improvements of the property. iv. The Participating Owner owns or has an interest in certain real property lying within the confines of the project area, which land is described in Exhibit "A" attached hereto and incorporated herein by reference. This agreement is made ,-. '-' with the express intent and purpose that the land described in Exhibit "A" shall be redeveloped in accordance with the Plan, and in accordance with the terms of this agreement. v. The participating Owner desires to participate with Agency in the renewal and development of the property described on Exhibit "A" by entering into an agreement for the improvement of that property, and this agreement sets forth the terms and conditions of such improvement. IMPLEMENTATION The Agency and Participating Owner, for the considerations and under the conditions set forth hereinafter, do agree as follows: 1. The Plan is incorporated herein by reference and made a part of this agreement with the same force and effect as - though set forth in full herein. '- 2 ~ - ~ c t"" V ", v . .1 ,- 2. In order to assist the Participating Owner in the redevelopment and improvement of the property covered by this "-' agreement, Agency agrees to provide certain inducements as assistance to the participating Owner, which obligations and undertakings of the Agency are set forth hereinafter as Exhibit "a" to this agreement, "Undertakings and Obligations of Agency". 3. The Participating Owner covenants for itself, its heirs, executors, administrators, successors and assigns, that it will undertake, or cause to be undertaken, the development of the property described in Exhibit "A" by developing the property and improving the property in accordance with those "Undertakings and Obligations of Participating Owner" set - '-' forth hereinafter on Exhibit "CO, which is annexed hereto and incorporated herein by reference. The undertakings set forth in Exhibit "C" are made by Participating Owner with the expectation that they will be relied upon by Agency, and are undertaken with the knowledge that Agency is acting in reliance thereon, and that each of the dates specified therein is of the very essence of this agreement, and that the nature, purpose and scope of the development, construction dates and completion dates, are also of the very essence of this agreement. 4. Participating Owner shall submit to Agency the - schematics and elevations for the proposed improvements no later than the date set forth in Exhibit "CD, and Agency shall '- examine and review the schematics and elevations, and advise 3 c c , ,.I :J - the Participating Owner within thirty (30) days after ........ receiving such information whether the Agency is satisfied that the schematics and elevations as submitted are acceptable and in conformity with the Plan. 5. For all construction of the facilities contemplated hereunder, all laborers and mechanics employed by the Participating Owner and by any of its contractors, subcontractors, or other entities working directly upon the project covered by this agreement shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account the full amount due (except such payroll deductions as are made mandatory by law and such other payroll deductions as are ".... '- permitted by the applicable regulations issued by the Secretary of Labor of the United States of America, pursuant to the Anti-kickback Act). The full amount due at the time of payment shall be computed at wage rates not less than those contained in the published wage determination decision of the Secretary of Labor, regardless of any contractual relationship which may be alleged to exist between the Participating Owner, any contractor or subcontractor, and any such laborers and "- mechanics. participating Owner further agrees that this section shall inure to the benefit of the Agency and for the benefit of all laborers and mechanics employed upon the work covered by this agreement as third party beneficiaries. Agency and any aggrieved employee are each authorized to file ........ an action in any court of competent jurisdiction against the 4 - --- \..'/ -)' ~, c ,..-, - '-' Participating Owner and any of its contractors or subcontractors for the recovery of the difference between the wage rates actually paid and the wage rates legally required to be paid under the provisions of this section and any applicable regulations, statutes and laws, together with any other amounts authorized to be collected as a result of such action. Participating Owner agrees for itself, its contractors and subcontractors, to pay reasonable attorney fees and court costs if the Agency or employee prevails in any such action. The participating Owner agrees that this provision shall be inserted in any contract between participating Owner and any contractor, and that all such contracts shall also contain a provision that any contractor ~ '"'" must make the same provisions applicable in any of its subcontracts with subcontractor on this project. The provisions of this paragraph shall apply only to the landscaping contracts, all other work on this project having been previously contracted for. 6. No member, official or employee of the Agency shall have any financial interest, direct or indirect, in this agreement or in the Property described in Exhibit A, nor shall any member, official or employee participate in any decision relating to this agreement or to the Property which affects his or her financial interests or the financial interests of any corporation, partnership or association in which he or she .- is, directly or indirectly, interested. '- 5 - e".- , - '-' ".......... \ ~..I "- ....j ..- 7. Participating Owner agrees that no officer, employee or agent of the Agency shall be personally liable to the participating Owner for any obligations under the terms of this agreement. Any obligations undertaken are those of the Agency, and not of the individual officers, employees or agents thereof. 8. The development covered by this agreement is a private undertaking of the Participating Owner, and the Participating Owner shall have full and exclusive control of the property herein described, subject only to the limitations and obligations of the Participating Owner undertaken herein, and subject to the provisions of the Plan. "- 9. The Participating Owner, for itself, its executors, - '--' Administrators, heirs, successors and assigns, and all persons or entities claiming under or through them, or any of them, in this paragraph collectively referred to as "Participating Owner", covenants and agrees that: A. The Participating Owner will and shall carry out the work of the redevelopment of the property as specifically provided for in this agreement and shall devote such property only to the uses specified herein, and only to uses authorized by the Plan. B. Participating Owner shall not discriminate against or permit any of its contractors or subcontractors to - '- discriminate against, or permit any of its tenants, lessees, renters, or subsequent owners of the property, to discriminate against any person or groups of persons on account of race, 6 c "- "- "r' '- - "-' ~ - '-' '" :) sex, marital status, color, creed, religion, physical handicap, national origin, or ancestry, in the construction, improvement, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property covered by this agreement, nor shall any persons claiming under or through the Participating Owner establish or permit any such practice or practices of discrimination or segregation to exist with reference to the selection, location, number, use or occupancy of tenants, lessees or vendees in the property covered by this agreement. c. This property is subject to a covenant running with the land to enforce the terms and provisions of paragraph 95, and this non-discrimination provision shall be specifically referred to in any conveyance of the property covered by this agreement hereafter, in addition to any other covenants which may run with the land and which shall be binding upon the Participating Owner, its heirs, executors, administrators, successors and assigns, and all persons claiming under or through them. These covenants shall inure to the benefit of and be enforceable by the Agency, its successors and assigns, and shall run in perpetuity in favor of the Agency. In the event of any breach of said covenants, the Agency shall have the right to exercise all the rights and remedies available at law or in equity to cure such breach, including the right to seek specific performance and to seek specific compliance with the terms and conditions of this agreement. In the enforcement of the provisions of these 7 c """' / :) ,- '- covenants, Agency shall have the right to seek enforcement only against the person who then owns, operates a business upon, leases, subleases or otherwise uses the single lot or specific portion of the property upon or to which the alleged breach relates, and shall bring no action against any person not directly affected with the breach alleged to have occurred. .,.... D. No provision in this agreement is intended to limit, affect or impair the rights of other secured parties or other encumbrances upon the property subject to this agreement, and this agreement has no effect upon obligees desiring to pursue any remedies as to the enforcement of any pledge or lien upon the property subject to this agreement; provided, however, that in the event of a foreclosure sale .,- under any mortgage, deed of trust, or other lien or encumbrance, or a sale pursuant to any power of sale contained in any such mortgage or deed of trust or the acceptance of a deed in lieu of foreclosure, the purchaser or purchasers and their successors and assigns, and the property covered hereby, shall be and shall continue to be subject to all of the conditions, restrictions and covenants herein provided for in Paragraph 9b. 10. Agency agrees that upon completion of the .- development by the Participating Owner in performance of this agreement, Agency shall, subsequent to the issuance of a certificate of occupancy by the City of San Bernardino, cause to be prepared and recorded a Certificate of Compliance '- 8 c .....~....., :J '-" '...-' ,- "'"" substantially in the form attached hereto as Exhibit "D", and by this reference made a part hereof, which Certificate of Compliance will state that the rights reserved to the Agency under this agreement shall cease to exist, except those specific covenants of paragraph 9B which shall continue in effect. The covenant set forth in paragraph 9B shall run with the land, and be binding upon all successor owners or occupants of the premises in perpetuity, and that obligation shall not be released by the recording of a Certificate of Compliance. 11. In the event that the Participating Owner fails to comply with any of the terms of this agreement, including the Exhibits hereto, such failure shall constitute an event of c default and breach of this agreement. In the event of such default, the Participating Owner hereby agrees to pay an in lieu of development fee to Agency to partially offset Agency's inability to receive anticipated tax increment funds from this development as early as planned. If no such specific fee is specified in Exhibit nen, in the event of any breach of this agreement, Participating Owner agrees to fully reimburse the Agency forthwith for that amount of money paid by the Agency to the participating Owner up to the time of the default, as an advance, or reimbursement for the installation and construction of any improvements paid for by Agency, or for any other purpose, and shall reimburse to Agency all funds .- expended by Agency as administrative costs, fees, expenses, '- attorney fees, or any other item of expense legitimately 9 c - \,..I ""'" v -"" ,...; ,- encountered by the Agency during the term of this agreement. All sums due shall bear interest at the rate applicable to judgments from the date the expense was incurred or the money paid out by the Agency, whichever is earlier. Agency shall have such other rights and remedies as may be permitted by ....... law, with no remedy being deemed exclusive. Agency may pursue any remedy or combination of remedies authorized by law, without limitation. 12. This agreement shall be in full force and effect as of the date that this agreement is signed by and on behalf of both parties, and shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors or assigns from the date of its - '-- execution. 13. City joins in this Agreement for the purpose of accepting the improvements to the property owned by Southern California Edison Company, agreeing to maintain the property for seven years subject to reimbursement as provided for herein, and for the purpose of holding Participating Owner harmless from liability arising out of the maintenance and use of such Southern California Edison Company property as improved by Participating Owner. City's undertakings are set forth in Exhibit "F" attached hereto. - 14. Any notices required or authorized to be given by one party to the other shall be deemed effective if mailed by certified or registered mail, return receipt requested, to the following address or such subsequent address as to which '- notice of change of address has been served: 10 c - "'"" - '- - '-' --- - o ""', -vi AGENCY: PARTICIPATING OWNER: Redevelopment Agency of the City of San Bernardino 300 North -D- Street San Bernardino, CA 92418 Villa Cielo CITY: Attn: City Administrator City of San Bernardino 300 North -D- Street San Bernardino, CA 92418 IN WITNESS WHEREOF, the Agency and participating Owner have executed this agreement effective as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO VILLA CIELO By By Chairman By By Secretary CITY OF SAN BERNARDINO By ATTEST: Mayor City Clerk Approved as to legal form and adequacy: By dlR~ ~~~rL-' Agency Counsel v~.:7' fi? # . \,I///? r By {/'L~.;;,:.:.~-<.."... / j;"i-~':>'>:-!:./ City' Attorney 11 , ,j c - "- I"""" """ ,- "-' ~ - c :) ~, , .."I ATTACHMENTS: Exhibit RAR, Legal Description of property; Exhibit RBR, Undertakings and Obligations of Agency; Exhibit RCR, Undertakings and Obligations of Participating Owner; Exhibit RDR, Form of Certificate of Compliance; Exhibit RER, Resolution of Board of Directors, Certificate of Partnership, or other evidence of authority to execute Agreement; Exhibit nFR, Undertakings and Obligations of City; Exhibit RGR, Correspondence from J. M. Martin Development; Exhibit RHn, Memo from James L. Parker, Park Superintendent; Exhibit RrR, Site Plan for Parkway Court. 12 c - ~ - ,-. .- '- c :J '".,,;' EXHIBIT -A- LEGAL DESCRIPTION OF PROPERTY The property which is sUbject to this Agreement is that certain parcel(s) of property situate in the City of San Bernardino, County of San Bernardino, State of California, depicted as Parkway Court on the site map attached hereto as Exhibit nIno The property is described as Assessor's Parcel Number 266-115-07, but a full legal description of such property shall be included in this Exhibit prior to execution and recording of this Agreement. 13 .'-~ '- ,- .~ ,.- '-- - "'-' ,.-.. '-' :.J ..j EXHIBIT -B- UNDERTAKINGS AND OBLIGATIONS OF AGENCY AGENCY AGREES TO: 1. Lend to Participating Owner the sum of $125,000 bearing interest at the rate of seven per cent per annum, repayable by credit against tax increment upon completion of project, or in full within two years if the development is not completed. The loan shall be made by Agency upon execution of this Agreement. 14 , 10""..- ,- '- - '"'" .- '- ,""'''' " _/ '-' ~ EXHIBIT .C. UNDERTAKINGS AND OBLIGATIONS OF PARTICIPATING OWNER PARTICIPATING OWNER AGREES TO: 1. To complete development of one hundred sixty (160) units of multi-family apartment units in a complex situate east of University Parkway between College Avenue and State Street not later than one hundred eighty (180) days from the date of execution of this Agreement. Work thereon has already commenced. 2. To help City acquire from Southern California Edison Company, for City, the use of 2.85 acres of land lying easterly of Participating Owner's property, which use shall be granted by Edison in the form of an easement, license or permit at no cost to City. This property is hereinafter referred to as the green area. 3. Improve the green area including, but not limited to, that work contemplated by that certain letter from J. M. Martin Development to Elliott Shaw, L. A. Wainscott & Associates, dated May 12, 1986, a copy of which is annexed hereto as Exhibit nGn to this Owner's Participation Agreement. This improvement shall be completed within one hundred eighty (180) days from the execution of this Agreement. 4. Payor have Agency pay on its behalf, to the City of San Bernardino the estimated expense of maintenance of the green area, for the first twenty-five (25) months in advance, ($17,544.00) payable at the time of execution of this 15 c .- '- - '- .- ........ - ...'" 1 -....,I ",","."\ ...,..I '-' Agreement. This cost is based on the estimate attached as Exhibit RHR. 5. To execute and deliver to the Agency a promissory note evidencing the loan of $125,000, bearing interest at the rate of seven per cent (7%) per annum, repayable from tax increment as it flows, but payable in full by Participating OWner two years from the date of execution of this Agreement if the Participating OWner fails to complete the development of the project contemplated in paragraphs 1, 2 and 3 above. The note shall be in form approved by Agency Counsel. 16 - - - L. 0 EXHIBIT "D":) CERTIFICATE OF COMPLIANCE No. 607 Aug -''''82 I c FOR PROPERTY OWNER'S PARTICIPATION AGREEMENT WHEREAS. hereinafter referred to as the "Owner Participant", has entered into a Property Owner's Participa In Agreement with the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. CALIFORNIA. hereinafter called the "Agency"; and WHEREAS, said Property Owner's Participation Agreement. dated the day of , 19_, was recorded on , 19 as Document No. in the Official Records of the County Recorder of the County of San Bernardino. State of California; and WHEREAS. in Section of said Property Owner's Participation Agreement - c the Owner Participant and the Agency agreed that upon the completion by the Owner Participant of the improvements. namely . in a manner satisfactory to the Agency and subsequent to the issuance of a Certificate of Occupancy by the City of San Bernardino. the Agency would cause to be prepared and recorded a Certificate of Compliance. NOW. THEREFORE. BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino. California, that the Agency does hereby determine, conclusively certifies. and gives notice that the Owner Participant has fully satisfied. terminatec. and completed, for itself, its successors and assigns. all covenants and agreements with respect to the Obligations of Owner Participant for the building upon and improve' - ....... ments to said land, carried out in conformity with the fire. health, and buildinl; code requirements of the City of San Bernardino. and the provisions of the Redevelopment 17 . . c - '-' -'"", ~". ..) -.....i Plan for the Project r...... Area. and the Declaration of Restrictions. and in accordance with the !inal plans ........ and apeci!ications approved by the Allency. and the dates for the bellinninll and completion thereo!. provided for in said Agreement. upon the hereinafter described real property: IN WITNESS WHEREOF. the Agency has caused this certificate to be duly executed on its behalf and its seal to be hereunto affixed and attested on this day of . 19 c REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. CALIFORNIA (SEAL) Chairman . Secretary APPROVED AS TO LEGAL FORM AND ADEQUACY: Agency Counsel - ....... 18 c ,- '-' - '- "'"" .-..) EXHIBIT -B- EVIDENCE OF CORPORATE OR OTHER AUTHORITY TO EXECUTE AGREEMENT .- '-' - '-' 10 :) c - "'" .",.... '-' - "- - - - ~. -- '-' :; ~ '-'" EXHIBIT .F. UNDERTAKINGS AND OBLIGATIONS OF CITY CITY AGREES TO: 1. Accept a grant of the use of the green area referred to in Exhibit "C" from Southern California Edison Company, on such terms as are mutually acceptable to City and Edison. The green area is depicted as the "Edison Easement" on the site plan for Parkway Court which is annexed hereto as Exhibit "In. 2. City shall accept full responsibility for the care, maintenance and upkeep of the green area, and agrees to hold Participating Owner, it agents, officers, employees and assigns, harmless from any liability arising from the use and maintenance of the green area by City. Once Participating Owner has completed the landscaping as contemplated in Exhibit "CO, and City has accepted the site from Participating Owner, Participating Owner shall have no additional responsibility for care or maintenance except to payor have paid on its behalf the estimated cost of such maintenance as specified in Exhibit "Co. 3. Upon notification by Participating Owner that the landscaping has been completed, City shall cause the green area to be inspected by City's Director of Parks, Recreation and Community Services, who shall certify its acceptability and approve it if the area meets the specified standards. 20 - --- c - ~ - - - -~ -c fiG II -"'" '-" ...,"' \, -...I OXHIBIT RECEIVED lQ~fi.MARTIN MJl.Y 1 ~ i985 Development May 9, 1986 1: It. WAINSCOTT 6 .AssOCIATES j;:!l/II. ENOINElU ",c>Z.oZ WO.___._._ 'L17'7~ ~~ Elliott Shaw L. A. WAINSCOTT & ASSOCIATES 22400 Barton Road, Suite 200 Grand Terrace, CA 92324-5086 Dear Elliott: In response to a recent request by Gordon Quill, Councilman for our project district in San Bernardino, I am providing the following estimate of cost to landscape the Edison property Immediately adjacent to our apartment project known as Ridgellne Park. The estimate of work to be performed is as follows: Public Improvements which shall Include curb, gutter, spandrel, paving base, A. C. pavement, wheelchair ramp, and driveway approach Landscape Design will Include preliminary design, construction drawings, Irrigation plan, planting plan, details and notes Installation of Landscaping shall Include fine grade, clearing, Irrigation, hydroseed turf, hydroseed ground cover, eucalyptus mulch, decomposed granite, 15 gallon trees, and redwood header board Contract Administration and Supervision provided by J. M. Martin Development shall Include solicitation of bids from qualified contractors, review of bonding and license qualifications, biddger selection, contract administration, accounts payable, bonding and licensing, and Comprehensive Liability and Workmen's Compensation Insurance Profit on Contracted Work by J. M. Martin Development $7,000.00 $1,250.00 $94,706.00 $4,500.00 Waived TOTAL ESTIMATED COST $107,456.00 In an effort to display our sincere desire to cooperate with the City In this matter, we have already Instructed our landscape architect and planning firm to begin the working drawings for the landscape design and, In addition, we have already Instructed our curb & gutter contractor to install the curb and gutter easterly along the northern boundary of the proposed park site. As of this date we have not received the estimates previously discussed with respect to the extended maintenance term. Please contact the necessary Individuals at the City of San Bernardino for the estimate of maintenance cost and attach to the estimated cost indicated above. Elliott, I am relying upon your efforts to convey 3919 Westerly Place, SuIte 100, Newport 8ellcb, CaIIIomlll92660 (714) 833.1720 21 - - --- c - v ~ -...I :) - this to the individuals at the City, Including Mr. Cordon Quill, In the appropriate fashion, '-' as you see fit. Prior to beginning any actual construction or installation of the lanclsCllping. we will need a formal agreement with the Redevelopment Agency of the City of San Bernardino with respect to reimbursement for the above estimated cost. Thank you for your cooperation In this matter. Please do not hesitate to contact me if you have any questions regarding this issue. Respectfully, OPMENT c - '-' 22 ,-"'- '- ,- '-' - '- c C I T Y 0 F SAN B ERN A R DIN 0 INTERn~FICE MEMORAN~~M , ,8604-91Z TO: GORDON QUIEL. COUNCILMAN JAMES L. PARKER, PARK SUPERINTENDENT FROM: SUBJECT. LANDSCAPE MAINTENANCE, EDISON RI6HT-OF-NAY DATE. Apr i I 30. 1986 (6695) COPIES. ANNIE F. RAMOS. DIRECTOR. PARKS. RECREATION & COMMUNITY SERVICES ------------------------------------------------------------- The following il a COlt break-out for total .aintenance by the Park Divilion of the Edilon risht-of-way adjacent to the Villa Cielo apart.ent co.plex develop.ent. a total of Z.85 acres. 1 . Mowins, buil; 4 work.r s. .dSing. line tri.mins of ar.a on w.ekly houri per we.k. 5Z w..ks; av.rase wase of 9.Z7 per hour 11.9Z8.00 Z. Tr.e. Ihrub prunins and plantins on an al n..ded balil; av.rase was.. 8.68; .Iti.ated Z6 houri per year IZZ6.00 3. Litter pickup on 5-day per w..k balll; averase wase 8.68; .Iti.ated 5-hourl p.r day IZ.Z57.00 4. Irr1sation r.pairs due to br.akas., vandalilm. and oth.r caulell averase wase. 9.83; .Iti.at.d Z6 houri p.r y.ar IZZ6.00 5. Ch..ical application for w..d av.ras. was.. 9.87; .Iti.at.d and rod.nt control; Z6 hours p.r y.ar tzZ6.00 6. N.eding and replanting includ. Edilon access one hour p.r week of sround cov.r areas to roads; av.rase wase. 8.50; UZO.OO 7. Tractor and construction work; i.... overse.ding, aerating, hrti I izing. and other unknown repairs; averase wage. 9.51; .stimated Z6 hours per year !UZ...QQ SUBTOTAL 16.4X EQUIPMENT USE 35.ZX OVERHEAD TOTAL 15.560,00 91Z.00 1&!~Z...QQ tB.4Z9.00 TOTAL FOR INITIAL 7 YEARS 159.003.000 . " F7-~ H 2.3 :.J " , '. . t-" '. "'" INTEROFFICE MEMORANDUMIr-l604-91Z Q LANDSCAPE MAINTENANCE, ~ISON RI6HT-OF AY April 30, 1986 Pase Z :J '- The above cov.rs total op.n ar.a car., not Just .ovlns and tr.. triaalns. Wh.n the D.part..nt b,sins to .alntaln the ar.a, a vork order viii b. .stabllsh.d to account for all costs, and It viii b. adJust.d annually as r.qulr.d for salarYI .at.rlals, s.rvlc.s, and suppll.sl and .qulp..nt cost chanses. If further lnfor.ation Is n..d.d, pl.as. advls.. ~7!~~ t?;::~SS~PERINTENDENT JLP/pv ,- '- ,- '- 24 c - '- . .. ~ )'., ~ "', c../ _ , .----- ". c '. >-0 . ~". .. "~tell! a~..I!! nuu ~~!;;;~ :i:i:i:ili:i :'I&:IIl: .,...... c:r. :f.g; rJ: . - - ~i . 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