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crt,..' OF SAN BERNARDQO
File No. PM 9521
- REQU()T FOR COUNCIL A
From:
ROGER G. HARDGRAVE
Subject: Au tho r i z a t i on to Exe cu te Ag reement _.
Undergrounding of Utilities for
Parcel Map No. 9521 -- SlERRRA
GATEWAY PARTNERSHIP
Dept:
Publ ic Works/Engineering
Date:
10-13-87
Synopsis of Previous Council action:
4-21-86 -- Resolution No. 86-155 approving the parcel map for
Parcel Map No. 9521, accepting the public dedications
and authorizing execution of the standard form agreement,
adopted.
Recommended motion:
Adopt resolution.
cc: Ray Schweitzer
Jim Penman
Contact parson: Roger G. Hardgrave
Supportlngdatalttlched: Staff Report & Agreement
Ward:
5025
4
Phone:
FUNDING REQUIREMENTS:
Amount: N / A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
75.0262
Agenda Ilem No,
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'CI~' OF SAN BERNARDCo - REQUO FOR COUNCIL AC.~N
STAFF REPORT
The application by Sierra Gateway Partnership, to create
13 parcels, was approved by the Planning Commission on 12-17-85,
subject to certain conditions. One of these conditions was that
utilities in adjoining streets be undergrounded.
Work on the shopping center is nearing completion. Leases
have been signed for some of the tennant stores, and others are
under negotiation. However, the developer has not made arrangements
for undergrounding the utility line along 42nd Street, or the one
along the driveway to the rear of the Lucky's Store. Certificates
of Occupancy have been issued for Lucky's and some of the tennant
stores, but arrangements need to be made for satisfying this con-
dition before any more Certificates of Occupancy are issued.
The developer has investigated the prospects of securing
a surety bond. However, he needs a signed contract, which requires
construction plans. Edison has estimated that they will need 6
months to prepare the plans. This length of time will extend the
opening dates for the remaining stores to a point where their
financial survival is in question.
One possible solution is to enter into an agreement with
the developer, under which semi-annual payments would be made on
the estimated cost. A copy of the standard form agreement, de-
veloped by the City Attorney's office, is attached for your
consideration. This agreement has been signed by the developer.
Approval of this agreement would allow issuance of
Certificates of Occupancies on all of the remaining stores.
URGENCY CLAUSE:
Leases have been signed by some small businesses for the tennant
stores. Failure to obtain Certificates of Occupancy in a timely
manner could result in real financial hardship to these parties,
even though they were not involved in development of the shopping
center.
10-13-87
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEf1ENT WITH SIERRA GATEWAY PARTNERS RELATING
TO UNDERGROUNDING OF UTILITIES IN CONNECTION WITH DEVELOPMENT OF
THE SHOPPING CENTER AT 40TH STREET AND SIERRA WAY.
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, an agreement with Sierra Gateway Partners relating to the
undergrounding of utilities 1n connection with development of the
shopping center at 40th Street and Sierra Way, which agreement is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. The agreement shall not take effect until
fully signed and executed by both parties.
The City shall not be
obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
or authorized.
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I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
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Bernardino at a
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meeting thereof, held on the
, 1987, by the following vote, to-wit:
21 day of
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10/13/87
Cou nc i 1 f1embers
AYES:
NAYS:
ABSENT:
City Clerk
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2 day of
The foregoing resolution is hereby approved this
, 1987.
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8 Approved as to form
and legal content:
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10/13/87
Mayor of the City of San Bernardino
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A G R E E MEN T
THIS AGREEMENT entered ir.tc this .____ day of
1987, by and between the City of San Bernardir.o, a charter city
("City"), and "5/GiRtA ~~Y PAtrNaes("Develcper").
WITNESSETH:
WHEREAS, the City has instituted a program of undergrcunding
utilities within the City in a gradual process as property is
developed; and
WHEREAS, such undergrounding is in the best interests of the
health and safety of the community; and
WHEREAS, developer seeks an entitlement from the City but
desires to pay the cost of undergrounding of utilities over a
longer period of time; and
WHEREAS, City is willing to cooperate in allowing a longer
period of time to pay such costs.
NOW, THEREFORE, the parties heretc agree as follows:
1. The property which 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 heretc and incor~orated hereir.;
3. The currently estimated cost for undergrounding of these
utilities is $ 10,OiJO!fJ.. The parties understand that the
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actual cost of undergrounding may vary from the current estimate,
4. City agrees to waive the immediate requirement of the
undergrounding of the utilities described in Exhibit "B". Within
ten (10) years from the date of this Agreement, City may
undertake the undergroundir.g of said utilities. At such time
City, at its option, may collect the actual cost of such
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1 undergrounding on the tax roll applicable to all property covered
2 in Exhibit "A" or may request Developer or his successorCs) in
3 interest to execute a Deed of Trust for the actual cost. Said
4 amount shall be paid in semi-annual payments for a period not to
5 exceed five (5) years, plus interest at the rate of ten (10)
6 percent per annum. Should City decide to use the Deed of Trust
7 and should Developer or his successors in interest fail or refuse
8 to execute said Deed of Trust, City may use whatever remedy it
9 may have to collect said amounts, or at its option, it may place
10 said amounts plus interest on the tax roll.
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5. If City does not underground said utilities or fund said
12 undergrounding within the ten (10) year period, Developer shall
13 have no further obligation hereunder.
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6. This Agreement may be recorded and shall become a lien
15 on the property described in Exhibit "A".
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7. Developer or his successor(s) in interest may release
17 this lien at any time by undergrounding the utilities, if before
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the City has done so, or by paying the full cost of such
undergrounding if the City has already done so. Upon such
occurrence, City shall execute and record a release of lien.
8. If Developer or his successor in interest disagree with
the amount of the undergrounding, he may appeal that amount to
the Mayor and Common Council which decision shall be final.
9. This Agreement shall not create between the parties the
relationship of employer-employee, principal-agent, partnership
or any other relationship except as specifically outlined herein'l
10. Waiver by the City of any breach of this Agreement
shall not be construed as a waiver of any other breach.
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1 11. Any notice to be given under this Agreement shall be
2 given from one party to the other, in writing, by deposit in the
3 United States Postal Services, postage prepaid and addressed as
4 follows:
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City
Developer
City Administrator
300 North "D" Street
San Bernardino, CA 92418
"51~(l..A ~-cg\N_Y ~NeQ..s
14q~4- Vf3Ntul2/o- 'P-:>t.'JD
5~-A..J ~:S.CA-Cj /402::>
shall be construed as preventing
Nothing in this paragraph
9 the giving of such notice by personal service.
10 IN WITNESS WHEREOF, the parties hereto have executed this
11 Agreement on the day and date first above shown.
12 CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
I DEVELOPER
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Title:
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and legal content:
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