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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
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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:
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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
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day of
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Council Members
AYES:
NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
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, 1987.
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Mayor of the City ~f San Bernardino
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7 Approved as to form
and legal content:
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Cit torney
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10/21/87 - 2 -
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EXHIBIT "A"
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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.;
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3. The currently estimated cost for undergrcunding of the.ei
utilities is $ 32,000
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The parties understand that the i
23 actual cost of undergrounding may vary from the current esti1!dte.:
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~. 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
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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.
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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.
,
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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
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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
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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.
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EX H I BIT "C'
The utility lines, electrical, telephone, and cable TV,
along the east side of "D" Street, adjoining Lots 29 -
34.