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Clrv OF SAN BERNQDINO - REQU~~;' ~& ~~~~~IL ACTION
From: ROGER G. HARDGRAVE
Authorization to Execute Second
Subject: Agreement for Reimbursement of
Storm Drainage Fee (Oversizing)
"H" Street Storm Dain
FORECAST CORPORATION
Dept: Public Works/Engineering
Date: 8-21-91
Synopsis of Previous Council action:
09-18-89 Appeal hearing on Planning Commission decision for EIR
upheld. Revision to Initial Study ordered.
04-16-90 Approval of request for participation in construction
of Master Plan Storm Drain 7-B18, including refund of
storm drain fees collected from Tract 13554.
07-15-91 -- Resolution 91-320 adopted authorizing execution of
agreement relating to reimbursement of portion of cost
for installing storm drain facilities for Tract No.
13554.
Recommended motion:
Adopt Resolution.
cc: Shauna Clark
Jim Penman
Andy Green
e
Supporting data attached:
Gene R. Klatt
Staff Report,
Aareement. Resolution
Phone:
5125
Contact person:
Ward:
5
FUNDING REQUIREMENTS:
Amount: $35.800.83 (Storm Drain Construction Fund)
Source: (Acct. No.! 248-368-57812
Reimbursement to Forecast Corp.- "H" St.
Finance:
Acct. Oescri tion Storm Drain
Council Notes:
75.0262
Agenda Item No
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CITY OF SAN BERNA())INO - REQUEST FcC COUNCIL ACTION
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STAFF REPORT
At the Council meeting of 9-18-89, Forecast Corporation
appealed the conditions of approval for Tentative Tract No.
13554. The conditions of approval were modified by the Mayor and
Common Council. One of the conditions of approval was:
"That storm drains shall be constructed per CSDP Project
No. 7-B18 (subject to update per current Flood Control
District design policy) expanded to include the following
reaches: 56th Street to Little Mountain debris basin
along , H' Street; from ' H' Street to ' I ' Street, along
Northpark Boulevard; and along 'F' Street."
During the Council meeting, much discussion occurred
relative to the reimbursement of storm drain fees collected.
Total cost of the storm drain was estimated at $922,069.24. The
developer anticipated storm drainage fees to be an additional
$294,000.00. The request was to allow drainage fees to be
reimbursed as a City contribution to the storm drain.
At the July 15, 1991, Council meeting, an agreement was
authorized to make two payments to the developer equal to the
drainage fees collected from the development. However, the
developer understood that he was also to be paid for the over-
sizing of the system as required by the new Flood Control design
methods.
Staff has met with the developer and Councilman Tom Minor
to listen to tapes of the 1989 meeting. It is not clear from the
tapes what the intent of the Mayor and Council was in relation to
the oversizing issue. It is clear that the developer would
receive all drainage fees paid for the subdivision as a contribu-
tion. However, the question as to whether he also was to receive
an additional $35,800.83 from the Storm Drain Construction Fund,
in addition to reimbursement of the drainage fee, was not
directly addressed.
Staff presents this item for your consideration, at the
request of the developer. Action to adopt the resolution will
provide for payment from the City Storm Drain Construction Fund
in addition to monies refunded for fees paid.
An amount of $147,290.00 was allocated in the 1991/92
Storm Drain Construction Fee Budget, under Account No. 248-368-
57812, to provide funds for the reimbursement to Forecast
Development for actual fees paid. The actual amount reimbursed
was $103,546.03, which will leave an available balance of
$43,743.97, which could be used to finance the costs for
oversizing.
8-21-91
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FORECAST CORPORATION RELATING TO
REIMBURSEMENT FOR A PORTION OF THE COST FOR INSTALLING OVERSIZE
STORM DRAIN FOR TRACT NO. 13554.
BE IT' RESOLVED BY THE MAYOR AND COMMON COUNCIL 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 on behalf of said City
8 an Agreement with Forecast Corporation relating to the
9 reimbursement of a portion of the cost for installing oversize
10 storm drain facilities for Tract No. 13554, a copy of which is
11 attached hereto, marked Exhibit "A", and incorporated herein by
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reference as fully as though set forth at length.
SECTION 2.
This agreement and any amendments or
modifications thereto shall not take effect or become operative
until fully signed and executed by both parties and no party
shall be obligated hereunder until the time of such execution.
SECTION 3. This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60l days of the
passage of this resolution.
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8-21-91
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CORPO~ION RELATING TO STORM DRA~)FOR TRACT 13554.
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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
5 Council Members:
, 1991, by the following vote, to-wit:
NAYS
ABSTAIN
AYES
ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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Rachel Krasney, City Clerk
The foregQing resolution is hereby approved this
day of , 1991.
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By L 7- JL
{)
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1 STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
2 CITY OF SAN BERNARDINO
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I, RACHEL KRASNEY, City Clerk in
San Bernardino, DO HEREBY CERTIFY, that the
No. is a full, true and correct
file in this office.
af fixed
day of
IN WITNESS WHEREOF,
the seal of the City
, 1991.
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and for the City of
foregoing Resolution
copy of that now on
I have hereunto set my hand and
of San Bernardino this
City Clerk
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AGREEMENT
CONSTRUCTION OF STORM DRAIN OVERSIZING
FOR
NORTH -R- STREET
40TH TO NORTRPARK BOULEVARD (7-B18)
THIS AGREEMENT is entered into this day of
, 1991 , between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as "City," and the
FORECAST CORPORATION, hereafter referred to as "Forecast."
RECITALS
WHEREAS, Forecast and City desire to provide flood
protection through the construction of a storm drain in North "H"
Street, from 40th Street to Northpark Boulevard; and
WHEREAS, County of San Bernardino Flood Control District's
policy has changed, the result of which is the increase in pipe
sizes; and
WHEREAS, City and Forecast desire to enter into an
Agreement setting forth the terms and conditions under which
Forecast will contribute and advance the necessary funds and
construct the oversize storm drain, for the benefit of the
proposed Development and future development.
COVENANTS
NOW, THEREFORE, in consideration of the mutual promises of
the parties hereto and of the covenants and conditions contained
herein, City and Forecast agree as follows:
SECTION 1. CONSTRUCTION
Forecast shall prepare construction plans, specifications
and an estimate, and seek competitive bids for construction of the
oversize storm drain in the manner in which it is authorized by
law to conduct said bidding. Upon receipt of said bids, Forecast
shall thereafter determine the lowest responsible bidder and award
to that bidder or otherwise reject all bids and rebid the project.
In the event that the low bid is in excess of the Engineer's
Estimate, Forecast shall obtain the written approval of City prior
to awarding the contract. Forecast shall thereafter administer
the construction of the storm drain to its completion in
accordance with its normal practices and procedures. Inspection
shall be by City.
EXHIBIT -A-
AGREEMENT:
CONSc:tCTION OF STORM DRAIN OVE~ZING
STREET -- 40TH TO NORTHPARK BOULEVARD
FOR NORTH "H"
SECTION 2. COST OF CONSTRUCTION
Forecast shall fully fund the construction of the storm
drain subject to reimbursement by City, as provided in Section 3
hereof.
SECTION 3. REIMBURSEMENT TO FORECAST
City shall reimburse Forecast for the overs~z~ng portion
of the construction contract equal to the actual construction cost
of Thirty-Five Thousand Eight Hundred Dollars and Eighty-Three
Cents ($35,800.83), without interest, over a two (2) year period
in two (2) equal installments, beginning January 1, 1992.
SECTION 4. BOLD HARMLESS
Forecast shall hold harmless and indemnify City, its City
Council, and its officers and employees, from every claim or
demand of whatever nature which may be made by reason of
Forecast's construction of the storm drain under this Agreement.
Forecast, at its own cost, expense and risk shall defend any legal
proceedings which may be brought against City on any claim or
demand of whatever nature arising out of construction of the storm
drain under this Agreement and shall satisfy any judgment that may
be rendered against any of them. Forecast shall notify City of
the receipt of any such claim or demand.
City shall hold harmless and indemnify Forecast from every
claim or demand of whatever nature which may be made by reason of
City's performance under this agreement. City at its own cost,
expense and risk shall defend any legal proceedings that may be
brought against Forecast, its officers and employees, on any claim
or demand of whatever nature arising out of its performance under
this Agreement.
SECTION 5. DESIGNATED REPRESENTATIVE
The parties hereby designate their respective representa-
tives who shall have sole and complete authority to act on behalf
of the parties on all aspects of this agreement as follows:
City:
Roger G. Hardgrave
Director of Public Works/City Engineer
Forecast:
Joe Carman
Vice-President
Each party shall have the right, from time to time, to
designate a different representative by notice given as provided
herein.
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AGREEMENT: CONSTRUCTION OF STORM DRAIN OVERSIZING FOR NORTH "H"
STREET -- 40TH TO NORTHPARK BOULEVARD
SECTION 6. ENTIRE AGREEMENT AND MODIFICATION
This Agreement expresses the whole agreement between the
parties, there being no representations, warranties, or other
agreements not herE!in expressly set forth or provided for. No
change or modification of or addition to this agreement shall be
valid unless the same shall be in writing and signed by both
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date and year set forth below.
Dated:
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
Dated:
FORECAST CORPORATION
By
Vice-President
Approved as to form
and legal content:
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