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HomeMy WebLinkAbout97-069 - ResolutionsRESOLUTION NO. 97-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR INSTALLATION OF A PORTION OF AREA IV MASTER PLANNED STORM DRAIN FROM DEER CREEK CHANNEL TO FERON BOULEVARD IN CONNECTION WITH DEVELOPMENT REVIEW 94-04 WHEREAS, the City Council of the City Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by the Rancho Cucamonga Redevelopment Agency, for the installation of a portion of Area IV Master Planned Storm Drain from Deer Creek Channel to Feron Boulevard within Archibald Avenue. WHEREAS, the installation of Area IV Master Planned Storm Drain from Deer Creek Channel to Feron Boulevard was funded by the Rancho Cucamonga Redevelopment Agency in connection with Development Review 94-04, a low income housing project by Northtown Housing Development Corporation; and WHEREAS, construction of Area IV Master Planned Storm Drain from Deer Creek Channel to Feron Boulevard has been completed and accepted by the City of Rancho Cucamonga. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. ATTEST: AYES: NOES: ABSENT: PASSED, APPROVED, AND ADOPTED this 4th day of June, 1997. Alexander, Biane, Curatalo, Gutierrez, Williams None None Wi~c? AI~ a~nder, Mayor Resolution No. 97-069 Page 2 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 4th day of June, 1997. Executed this 5th day of June, 1997, at Rancho Cucamonga, California. · m MC, City Clerk Resolution No. 97-069 Page 3 REIMBURSEMENT AGREEMENT FOR PLANNED DRAINAGE FACILITY CONSTRUCTION THIS AGREEMENT, made and entered into this ~ day of ,19_, by and between the CITY OF RANCHO CUCAMONGA, California, a municipal corporation, hereinafter referred to as "City" and Rancho Cucamonga Redevelopment Agency hereinafter referred to as "Developer", provides: WITNESSETH WHEREAS, the Developer has hereto processed certain approvals and/or entitlements for the development and construction of a project within the City described as: Development Review 94-04: Northtown Housing, Villa del Notre WHEREAS, as a material condition of said approval of the project of Developer, the Developer was required to construct a portion of the City's master planned drainage facilities for the proper drainage of Developer's development; and WHEREAS, the Developer has, at Developer's expense, furnished all labor, equipment, and material, and has paid all costs incident to the construction in accordance with plans and specifications approved by the City Engineer of the City, the following planned drainage facilities: Area IV: Archibald Storm Drain from Deer Creek Channel to Feron Boulevard WHEREAS, City Engineer has inspected and tested the planned drainage facilities at the expense of the Developer, and all deficiencies discovered by said Engineer have been corrected by Developer; and WHEREAS, the Developer has submitted all cost data to the City Engineer, and the City Engineer has ~letermined the actual cost of construction, and such determination is final; and WHEREAS, the cost of constructing the planned drainage facilities described above has exceeded the planned drainage facilities fee, which is payable with respect to the development under the provisions of Chapter 13.08 of the Rancho Cucamonga Municipal Code; and WHEREAS, Section 13.08.080 of the Rancho Cucamonga Municipal Code provides: "SECTION 13.08.080: Construction by Developer -- Reimbursement. Whenever the construction of the planned drainage facilities is necessary for the proper drainage of a subdivision, the City Engineer may require the subdivider to construct such facilities with credit being given by the City toward any fee payment required by this Chapter. If the cost of such construction exceeds the fee which would otherwise be payable with respect to the subdivision, the City Council may, at its discretion, enter into a Reimbursement Agreement with the developer. In the event a Reimbursement Agreement is entered into, reimbursement shall be made only after the fee development on other property in the area encompassed by the reimbursement boundaries described in the Reimbursement Agreement. The basis of reimbursement shall be the developer's actual cost of construction of the planned drainage facilities. NOW, THEREFORE, the parties hereto agree as follows: 1. Developer hereby guarantees and warrants said planned drainage facilities for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. Resolution No. 97-069 Page 4 2. Developer shall protect, indemnify and save harmless City from and against any and all claims, demands, and causes of action of any nature whatsoever, and any expense incident to defense by City of any such demand or action for injury to or death of persons or loss of or damage to property occurring on Developer's development, or in any manner growing out of or connected with Developer's construction, repair and maintenance of the planned drainage facilities described herein, or in any manner growing out of or connected with any deficiency in workmanship or material fumished in connection with construction, maintenance or repair of said planned drainage facilities. 3. City previously agreed that in consideration of Developer's installation of said planed drainage facilities, City has credited Developer the fee described in Chapter 13.08 of the Rancho Cucamonga Municipal Code which fee with respect to Developer's development would otherwise be the sum of $2,986,000 dollars (two million nine hundred eight-six thousand). 4. For the amount that the actual cost of construction of said planned drainage facilities (see attached Exhibit "A") exceeds the sum specified in Paragraph 3 hereof, which said excess an~ount is hereinafter referred to as the "original reimbursement sum" the City shall reimburse Developer under Chapter 13.08 of the Rancho Cucamonga Municipal Code and only according to the formula hereinafter described. Amounts to be reimbursed to Developer shall be determined as follows: A. Annually, at the end of each fiscal year, the City shall set aside into a "planned drainage reimbursement fund" twenty-five percent (25%) of all fees collected during the fiscal year under the provisions of Chapter 13.08 of the Rancho Cucamonga Municipal Code. B. The Developer shall be eligible to share in the planned drainage reimbursement fund commencing with the fiscal year which ends following the. date on which said planned drainage facilities are accepted by the City. C. The Developer shall be eligible to share in the planned drainage reimbursement fund, then no later than two (2) months after the end of such fiscal year, the City shall pay the Developer, from the amount set aside in the planned drainage reimbursement fund, a fractional share thereof determined as follows: (i) The numerator shall be the original reimbursement sum for the Developer and the denominator shall be the total of the original reimbursement sums for all Developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. 5. All of Developer's fight to reimbursement hereunder shall cease as of the end of the fiscal year ending ten (10) years after the fiscal year in which the Developer first became eligible for reimbursement hereunder, whether or not fully paid. 6. Nothing in this agreement shall entitle Developer to reimbursement of a sum in excess of the original reimbursement sum. 7. Payments may be mailed to Developer at the following address: Rancho Cucamonga Redevelopment Agency P.O. Box 808 Rancho Cucamonga, CA 91729 8. Developer may change the mailing address by written notice delivered to the City Clerk. 9. Rights to reimbursement due under this agreement may be assigned after written notice to the City by the holder of such rights as shown by the records of the City. Such assignment shall only be effective only with respect to payments becoming due and payable more than thirty (30) days after receipt Resolution No. 97-069 Page 5 by City or written notice of such assignment. City shall not be required to divide any payment to be made hereunder. In the event it appears from the records of the City that more than one (1) person holds the right to payment hereunder, the City may deliver the full payment to any one of such persons and such payment shall be deemed payment to all. 10. The City reserves the right to at any time increase or decrease the fees payable under Chapter 13.08 of the Rancho Cucamonga Municipal Code. 11. If the fee established by Chapter 13.08 of the Rancho Cucamonga Municipal Code is hereafter declared invalid or unenforceable, or collection thereof is otherwise precluded by law, all Developer's rights to reimbursement hereunder shall immediately cease and terminate. 12. This agreement shall be interpreted according to the laws of the State of Califomia. Thi:, document contains the entire agreement between the parties with respect to the subject matter hereof. This agreement cannot be modified except by an agreement in writing, signed by the party against whom the enforcement of any waiver, change, modification or discharge is sought. Subject to any provisions herein to the contrary, this agreement shall in all respects bind, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of each of the parties. IN WITNESS WHEREOF, the parties have executed this agreement at Rancho Cucamonga, California, on the day and year first above xvritten. CITY OF RANCHO CUCAMONGA DEVELOPER William J Alexander, Mayor Title ATTEST: Debbie Adams, City Clerk Title APPROVED AS TO FORM: City Attorney DOCUMENT TO BE EXECUTED IN TRIPLICATE DEVELOPER'S SIGNATURE MUST BE NOTARIZED