Loading...
HomeMy WebLinkAbout20- Public Works �NTY OF SAN EERY" 1RDINO - REQUEST ''7R COUNCIL ACTION File No. 1.372 Authorization to Execute Agree- From: ROGER G. HARDGRAVE Subject: ment with Monnig Development - Reimbursement of Costs - Box Dept: Public Works Culvert on Palm Avenue & Improve- ment of Piedmont Drive Date: 5-18-93 Synopsis of Previous Council action: 05-19-86 - Resolution No. 86-191 adopted closing Piedmont Drive at Victoria Avenue and directing construction of a cul-de- sac. 08-18-86 - Plans approved and authorization granted to advertise for bids . 08-18-86 - Resolution No. 86-330 adopted authorizing execution of a Reimbursement Agreement with Hill-Williams , relative to Tract No. 13329 . 08-18-86 - Resolution No. 86-331 adopted authorizing execution of a Reimbursement Agreement with Hill-Williams , relative to APN 285-181-35 . (Continued on second page) Recommended motion: Adopt resolution. cc : Shauna Clark Jim Penman S ature Contact person: Roger G. Hardgrave Phone: 5025 Staff Report, Agreement, Supporting data attached: & Resolution Ward: 4 & 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. Cl?o File No. 1 . 372 5-18-93 SYNOPSIS OF PREVIOUS COUNCIL ACTION Cont: 11-03-86 - Resolution No. 86-458 adopted awarding a contract for the low bid price of $254 , 978 . 50 . 01-03-89 - Resolution No. 89-4 adopted approving Final Map for Tract No. 13470 . CITY OF SAN BERT( .RDINO - REQUEST r- 7R COUNCIL ACTION STAFF REPORT Action was taken at the Council meeting of 5-19-86 to authorize closing Piedmont Drive at Victoria Avenue. This action was taken to avoid having this neighborhood impacted by Indian Bingo traffic. Direction was also given to construct a cul-de- sac for Piedmont Drive. Closure of this access to Victoria Avenue forced residents to use Piedmont Drive to the east as a means of access. Tract No. 13470 had been conditioned to improve Piedmont Drive, but had not reached the construction stage. A Reimbursement Agreement was executed by the City and the Hill Williams Development Company, to provide that the City would construct the conditioned improvements on Piedmont Drive, and that the Hill Williams Development. Company would reimburse the City for the costs that they would have incurred. Tract No. 13470 was later sold to the Monnig Development, Inc. , and the homes constructed. By purchasing this tract, Monnig Development assumed the terms and provisions of the Reim- bursement Agreement entered into by the City and the Hill Williams Development Company. The amount to be reimbursed for improvements to Piedmont Drive has been determined to be $72, 771 .28 . This amount has not been paid. Monnig Development volunteered to have the plans prepared for the box culvert on Palm Avenue at Cable Creek Channel, and traffic signals at Palm Avenue and Kendall Drive. This action was apparently taken in an attempt to accelerate the needed infrastructure improvements in the Verdemont Area. An amount of about $80 , 000 was incurred by the Monnig Development Company for preparation of these plans. This amount is about twice what the City would have incurred for these design services . Monnig Development has proposed that these amounts offset each other. During negotiations an understanding was reached that 1/2 of the approximate amount expended by Monnig Development for preparation of plans for the box culvert and traffic signals could be offset against the $72 , 771 . 28 owed for improvement of Piedmont Drive. This would leave a balance of $32 , 771 . 28 to be paid by Monnig Development. A draft of this Agreement was mailed to Monnig on 3-31-93 , for their review and comment. No response has been received. We recommend that the Agreement be approved. In the event that Monnig fails to enter into the Agreement, appropriate action can then be started to collect the balance. 5-18-93 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MONNIG DEVELOPMENT, INC. RELATING 3 TO REIMBURSEMENT OF COSTS FOR IMPROVEMENT OF PIEDMONT DRIVE IN TRACT NO. 13470 AND DESIGN SERVICES FOR BOX CULVERT AND TRAFFIC 4 SIGNALS IN THE VERDEMONT AREA. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1 . The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City, 8 an agreement with Monnig Development, Inc. , relative to I 9 reimbursement of costs for improvement of Piedmont Drive in Tract 10 No. 13470, and Engineering Design Services for a box culvert and 11 traffic signals in the Verdemont Area, a copy of which agreement 12 is attached hereto marked Exhibit "A" and incorporated herein by 13 reference as fully as though set forth at length. 14 SECTION 2 . The agreement shall not take effect until 15 fully signed and executed by both parties. The City shall not be 16 obligated hereunder unless and until the agreement is fully 17 executed and no oral agreement relating thereto shall be implied 18 or authorized. 19 SECTION 3. The authorization to execute the above- 20 referenced agreement is rescinded if the parties to the agreement 21 fail to execute it within sixty (60) days of the passage of this 22 resolution. 23 24 25 26 27 28 5-18-93 nt,J V: n__ �:1 i l'413 tihtCt,r,l1r,1V'1' W 1'1'ri MUN N 16 1Jh V r,1LUY11r1V'1, 11'41.. tCGLJ'1L 11'413 TO RF-rMBURSEMENT OF COSTS FOR IMPROVEMENTS IN VERDEMONT AREA. 1 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 1993 , by the following vote, to-wit: 5 Council Members : AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 (VACANT) 11 POPE-LUDLAM 12 MILLER 13 14 Rachel Clark, City Clerk 15 The foregoing resolution is hereby approved this 16 day of 1993 . 17 18 Tom Minor, Mayor 19 City of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By 24 25 26 27 28 2 - A G R E E M E N T THIS AGREEMENT, entered into this day of , 19 between Monnig Development, a California Corporation, hereinafter referred to as "Developer, " and the City of San Bernardino, a municipal corporation of the State of California, hereinafter referred to as "City. " WITNESSETH- WHEREAS, Developer and Cite entered into a Reimbursement Agreement, as authorized by Resolution No. 86-331 , adopted on 8-- 18-86 , relative to Tract No. 13470; and WHEREAS, the Reimbursement Agreement provided that the City would proceed to install certain street improvements on Piedmont Drive, adjacent to Tract No. 13470 , and Developer would reimburse City for actual quantities installed, at the Developer' s unit prices; and WHEREAS, the amount to be reimbursed to City has been determined to be $72 , 771 . 28; and WHEREAS, Developer retained a Consulting Civil Engineer to prepare plans for construction of a reinforced concrete box culvert on Palm Avenue, at Cable Creek Channel, and installation of traffic signals at Palm Avenue and Kendall Drive; and WHEREAS, Developer incurred expenses for engineering design services in the approximate amount of $72 , 500 . 00 for the box culvert and $7 , 500 . 00 for the traffic signals; and WHEREAS, Developer has submitted a claim for reimburse- ment of costs incurred for design services in connection with the box culvert and traffic signals; and WHEREAS, a dispute has arisen as to the issue of reim- bursements and as to the amount of said reimbursements; and WHEREAS, Developer and City desire to resolve this dispute and to settle their differences under the terms and conditions set forth below. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: SECTION 1 . That Developer acknowledges the amount of $72 , 771 . 28 to be reimbursed to the City for improvements installed on Piedmont Drive. SECTION 2 . That Developer agrees to the amount of $40 , 000 . 00 as reimbursement for expenses incurred by Developer in connection with engineering design services for the box culvert and traffic signals. REIMBURSEMENT AGREEMENT: STREET IMPROVEMENT. ON PIEDMONT DRIVE SECTION 3 . That Developer agrees to pay, and City agrees to accept, the amount of $32 , 771 . 28 in full and final settlement of their respective claims for reimbursement. SECTION 4 . The reimbursement by the Developer shall be paid to the City within thirty (30) days after this agreement has been executed. If this reimbursement is not fully paid within thirty (30) days, it shall become a lien on any property owned by Developer within the City of San Bernardino, pursuant to the San Bernardino Municipal Code and may be collected as a special assessment thereon, or as a personal obligation of Developer. SECTION 5 . Should litigation be necessary to enforce any terms or provisions of this agreement, or to collect any portion of the amount payable under this agreement, the prevailing party shall be entitled to recover all litigation and collection expenses , witness fees , court costs, and attorney' s fees . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above shown. CITY OF SAN BERNARDINO By Tom Minor, Mayor ATTEST: By Rachel Clark, City Clerk MONNIG DEVELOPMENT By Daniel W. Holden, Executive Vice-President Approved as to form and legal content: James F. Penman City Attorney By 2 -