Loading...
HomeMy WebLinkAbout1992-04-28 - AGENDA REPORTS - SOLEDADCYN REIMBURSEMENT AGMT (2)CONSENT CALENDAR DATE: April 28, 1992 AGENDA REPORT City Manager Approval Item to be presented b Anthony J. Nisich G SUBJECT: SOLEDAD CANYON ROAD EAST OF SAND CANYON ROAD (PROJECT 91-04) - REIMBURSEMENT AGREEMENT DEPARTMENT: Community Development BACKGROUND The property owner on the east side of Sand Canyon Road just north of Soledad Canyon Road has requested that drainage, curb- and gutter, and sidewalk improvements for the subject project be extended adjacent to his property. The cost for the requested improvements • is $80,000, and the property owner has indicated that he will dedicate the necessary right-of-way and pay for these improvements. Approve entering into an agreement for the proposed improvements. ATTACHMENT Agreement Location map jcd:639 Agenda Item: REIMBURSEMENT AGRSE!ffirr (Soledad Canyon Road and Sand Canyon Road) THIS AGREEMENT made and entered into this day of , 1992, by and between .the CITY OF SANTA CLARITA, a Municipal Corporation, hereinafter referred to as the "City," and John H. Maxey, hereinafter referred to as the "Property Owner." RECITALS 1. The City is currently contemplating a public improvement project on Soledad Canyon Road (the ,"Project"). 2. The Property Owner desires -to enter into a secured Agreement with the City for the installation of street and storm drain improvements (the "Improvements"), as, shown on the improvement plans attached hereto and incorporated herein by this reference as Exhibit "A", which Improvements are to be constructed at the intersection of Soledad Canyon Road and Sand Canyon Road within the City. NOW, THEREFORE, the parties agree as follows: 1. The Property Owner agrees to deposit with the City the sum of $80,000 in cash at the time of execution of this Agreement (the "Funds"). The Funds equal the proportionate share of the Project costs attributable to the benefit to the Property Owner. The City shall deposit the funds received from the Property Owner in a capital facilities account. 2. The City agrees to use the Funds provided by the Property Owner to design, install and inspect the Improvements at the location. 3. The term of this Agreement shall extend from the date of its execution to and including three (3) years from completion of the Improvements identified in Exhibit "A", unless otherwise extended by the mutual agreement of the parties. Page 2 4. In the event that the City does not commence construction of the Improvements within three (3) years from the date of execution of this Agreement, .the .total amount of funds deposited with the City shall be refunded to the Property Owner. 5. The Property Owner agrees to protect, indemnify; defend and hold harmless the City and its elected and appointed officers, agents, employees from any and all injury, claims, causes of action, or harms arising out of the performance of this Agreement. 6. It is the express understanding of the parties that the installation of the Improvements by the City and the payment .for them by the Property Owner does not confer upon the Property Owner any entitlement or right for the future development of any property. Further, the implementation of this Agreement shall in no way constrict the City from imposing appropriate conditions on future applications for development which may be submitted to the City by the Property Owner. 7. This Agreement is binding on the parties and their heirs, successors, or assigns, jointly and severally. 8. This Agreement constitutes the entire Agreement of the parties concerning the subject matter hereof. This.Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by the parties.. 9. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. I Page 3 10. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 11. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of the Agreement, the prevailing shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. IN WITNESS WHEREOF, this Agreement is signed this of , 1992. CITY OF SANTA CLARITA By By Mayo PROPERTY OWNER By JCD:hds/334 By ATTEST City Clerk APPROVAL AS TO FORM City Attorney day SOLELl9O CANYON ROAD Q O V 41 `PROR�SED / /MPgO{'EAIENT.S' / w LOCAT/ON /Y/AP PRO✓ECT 9/-04 FgEEWAY APPR09CHES