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HomeMy WebLinkAbout20-Public Works I I..... "v. J.V. V.J ... .J..I \,..",.;.. From: C(Y OF SAN BERNARDP'~ -REQUE---l' FOR COUNCIL AC~~ f:= C'D. - ~li;lUt: C :^<uthor i za t i on to Execu te Ag ree- ment with Lionel Heller --Waiver :.::~-'- ?:? :,.o:t'~ Undergrounding Util Hies at 455 South "D" Street ROGER G. HARDGRAVE Dept: Public Works/Engineering Date: 10-21-87 Synopsis of Previous Council action: 09-08-87 Appeal by Lionel Heller referred to Legislative Review Committee and hearing set for meeting of 9-21-87. 09-21-87 Hearing closed and City Attorney and City Treasurer directed to prepare mechanism for entering into an agreement for installment payments, for consideration at meeting of 10-05-87. 10-05-87 --- Immediate requirement forundergrounding utilities waived, contingent upon owners entering into an agreement to make semi -annual payments. Recommended motion: Adopt resolution. cc: Ray.Schweitzer Jim Penman Craig Graves Ward: 5025 1 Supporting data attached: Roger G. Hardgrave Staff Report, Agreement & Resolution Phone: Contact palson: FUNDING REQUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: 1S.0262 Agenda 'tern NO~O- 'CI"(~ OF SAN BERNARDI~~~ - REQU~""T FOR COUNCIL AC"""ON STAFF REPORT Mr. Heller has signed the standard form agreement developed by the City Attorney's office. This agreement will waive the con- dition of the Standard Requirement that utilities be undergrounded at time of development. The City has 10 years to undertake the undergrounding. If no action is taken within this time, the property is relieved of any further obligation. Costs may be collected by placing them on the tax rolls or by requesting the owner to execute a Deed of Trust for the actual cost. Approval of concept of entering into an agreement, in lieu of undergrounding utilities at time of development, was given at the Council Meeting of 10-05-87. 10/21/87 75-0264 (~ , ~,/ ~,~ ) 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIONEL HELLER RELATING TO 3 UNDERGROUNDING UTILITIES AT 455 SOUTH "D" STREET. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 Lionel Heller relating to the under- grounding of utilities at 455 South "D" Street, 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 executed and no oral agreement relating thereto shall be implied or authorized. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San meeting thereof, held on the , 1987, by the following vote, to-wit: Bernardino at a 19 day of 20 21 22 23 24 25 26 27 28 10/21/87 Council Members AYES: NAYS: ABSENT: City Clerk c ..~ ,J' ,.; 1 The foregoing resolution is hereby approved this 2 . day of , 1987. 3 4 5 Mayor of the City ~f San Bernardino 6 7 Approved as to form and legal content: 8 9 ~) 10 Cit torney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10/21/87 - 2 - , \ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1!l 20 21 22 "",,,,/ ',,--' EXHIBIT "A" 1 2 A G R E E MEN T day of THIS AGREEMENT entered i~tc this 3 1987, by and between the City of San Bernardir.o, a charter city ("City"), and Lionel S. Heller ("Develcper"). WITNESSETH: WHEREAS, the City has instituted a program of undergrcunding utilities within the City in a grodual 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 "~' attached hereto and incorporated herein;1 specific area to be undergrounded is described in i , 2. The Exhibit" 1;;" attached heretc and incoq:orated hereir.; I 3. The currently estimated cost for undergrcunding of the.ei utilities is $ 32,000 I The parties understand that the i 23 actual cost of undergrounding may vary from the current esti1!dte.: 24 ~. City agrees to waive the immediate requirement of the 25 undergrounding of the utilities described in Exhibit "e". 'dthin, 26 ten (10) years from the date of this Agreement, City may 27 undertake the undergroundir.g of said utilities. At such time 28 City, at its option, may collect the actual cost of such 1 . ( 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 undergrounding on the tax roll applicable to all property covered in Exhibit "A" or may request Developer or his successorCs) in interest to execute a Deed of Trust for the actual cost. Said amount shall be paid in semi-annual payments for a period not to exceed five (5) years, plus interest at the rate of ten (10) percent per annum. Should City decide to use the Deed of Trust and should Developer or his successors in interest fail or refuse to execute said Deed of Trust, City may use whatever remedy it may have to collect said amounts, or at its option, it may place said amounts plus interest on the tax roll. 5. If City does not underground said utilities or fund said undergrounding within the ten (10) year period, .Developer shall have no further obligation hereunder. 6. This Agreement may be recorded and shall become a lien on th.e property described in Exhibit "B". 7. Developer or his successor(s) in interest may release this lien at any time by undergrounding the utilities, if before 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., 10. Waiver by the City of any breach of this Agreement shall not be construed as a waiver of any other breach. 2 \.., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 nnl - -, ,/ 11. 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 Services, postage prepaid and addressed as follows: ~U1. City Administrator 300 North "D" Street San Bernardino, CA 92418 Developer Lionel S. Heller 202 West Hillcrest San Bernardino, CA Avenue 92412 Nothing in this paragraph shall be construed as preventing the giving of such notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk By Approved as to form and legal content: COUNTY OF STATE OF CALIFORNIA San Bernardino 155. , , On October 19 I 1987 . before me, the undersigned, a Notary Public in and for said State, personally appeared Lionel S. Heller personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose namels). was subscribed to the within Instrument and acknowledged that he executed the same. WITNESS my hand and official seal. IS",) ~ J';:~,\ PA TR~glc~A~~~~~SON ~~;.il#-') NOTARY PUBLlC..CALlFORNIA ~ SAN BERNAROINO COUNTY . . My CommISSIOn Expires Apr. 6, 1990 -@/. _ /~:-'-'/'H4 (Notary Public's Signature) OZlZoo 9~8Z* zs PS Individual Notarial c nowedgment C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 26 27 28 - ..... r.., ......; ) 11. 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 Services, postage prepaid and addressed as follows: ~~ Developer City Administrator 300 North "D" Street San Bernardino, CA 92418 Lionel S. Heller 202 West Hillcrest San Bernardino, CA Avenue 92412 Nothing in this paragraph shall be construed as preventing the giving of such notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk By Approved as to form and legal content: ~g;, J C Attorn 3 - - c .- .~, .....,,,.- 'oo.J EXHIBIT "B" Lots 29, 30, 31, 32, 33 and 34 of the White's Sub- division No.2 as per plat recorded in Book 23 of Maps, Page 31, records of the County Recorder, San Bernardino County, State of California. -- - L , EX H I BIT "C' The utility lines, electrical, telephone, and cable TV, along the east side of "D" Street, adjoining Lots 29 - 34.