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HomeMy WebLinkAbout0850-72_Tamarind Avenue Sewer Lift Station_12.9ULTA CONSTRUCTION INC. 737 W. Taft Ave., Orange, CA 92665 (714) 637-1996 FAX (714) 637-5871 GENERAL CONTRACTORS Lic. No. 611633 Commercial Industrial Government June 2, 1993 I F.arl Buchanan, do hereby give Multi Construction permision to store construction material (Ductile Iron Pipe) and Pipe fittings on my premises, at the address 11211 Tamarind, County Of San Bernardino. I::further understand that Multi Construction will be responsible for keeping and maintaining the storage area in a clean and orderly manner. The time for storage of said material will be two to two and a half weeks, and will commence on June 4, 1993. all materials should be cleared and the premises will be left clean on or about June 25, 1993. Earl Buchanan --7 SEARS LOGISTICS SERVICES 225 Windsor Drive Itasca, IL 60143-1223 708-285-5000 March 22, 1993 John Riley City of Fontana 8353 Sierra Avenue Fontana, CA 92334 RE: Temporary Construction Easement and Right of Entry for Tamarind Lift Station No. 8 and Force Main, Fontana, CA Dear Mr. Riley: Per your request, enclosed is one (1) fully -executed original "Right -of -Entry for Temporary Construction Easement". Kindly forward to the undersigned the insurance certificates called for in the Easement as soon as they are available and before commencing construction on the subject property. Please contact me at (708) 285-5282 with any further questions you may have. Sincerely yours, Phillip E. Goodchild Attorney Enc. cc: M. A. Bradford-SLS (w/enc.) RIGHT -OF -ENTRY FOR TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this 17th day of March 1993 between TERMINAL FREIGHT HANDLING COMPANY, a Delaware corporation d/b/a SEARS LOGISTICS SERVICES ("SLS") and the CITY OF FONTANA, CALIFORNIA, a municipality ("Grantee"), as follows: A. SLS is the owner of the property described as: Parcel 4 of Parcel Map 12195, in the City of Fontana, County of San Bernardino, State of California, as shown on a map recorded in Book 158, pages 28 through 40, inclusive of parcel maps, records of said County. B. Grantee requires a temporary construction easement in the following portion of the above described property in connection with Grantee's construction of a permanent sewer lift station within the public right-of-way of Tamarind Avenue:, The north 400 feet of the southerly 599 feet of the easterly 50 feet of Parcel 4 aforesaid ("the Premises"). C. SLS and Grantee desire to execute this Easement for the purpose granting such temporary construction easement. NOW, THEREFORE, in consideration of the mutual convenants set forth herein, SLS and Grantee agree as follows: 1. SLS hereby grants to Grantee, its officers, agents, employees, and any other persons under contract with or employed by Grantee (all such parties collectively are included within the definition of "Grantee"), without payment by Grantee, the temporary right, for a period of 365 days from the date hereof, to enter upon the Premises for the purpose of constructing the permanent sewer lift station aforesaid. 2. Grantee agrees to restore the Premises, as of the date of termination of this right of entry, to the condition same was in as of the date hereof, including without limitation grading the surface to meet the adjacent natural ground as it exists as of the date hereof. 3. Grantee shall use the Premises at its own risk. SLS shall have no responsibility or liability for any loss of or damage to any property of Grantee, from any cause whatsoever except for the negligence or willful misconduct of SLS. 4. Grantee shall pay for and maintain orcause its contractors to pay for and maintain, the following policy of insurance covering the Premises, which insurance shall be obtained from a company currently rated "A/VII" or better in the most current edition of Best's Insurance Reports: -1- • • (a) Comprehensive General Liability Insurance including but not limited to, coverage for Personal Injuries with limits of not less than $2,000,000 combined single limit for death, personal injury and property damage, per occurrence.Concurrently with the execution hereof, Grantee shall furnish to SLS insurance certificates. (b) Workers' Compensation and Employer's Liability Insurance with statutory benefits and limits which shall fully comply with all state requirements applying to this insurance, which shall contain a waiver of subrogation in favor of SLS; and Employer's Liability Insurance with limits of not less that $500,000 per accident and disease. 5. Grantee agrees to indemnify, protect, defend and hold SLS, its directors, officers, employees and agents, harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities, arising out of actual or alleged injury to or death of any person or loss of or damage to property in, upon, or about the Premises, including the person and property of SLS, its directors, officers, employees, agents, invitees, licensees or others, arising from the acts or omissions of Grantee. 6. Except as provided herein, Grantee shall have no liability to SLS under this Easement Document. IN WITNESS WHEREOF, the parties have caused this Easement to be executed as of the date first stated above. ATTEST: TERMINAL FREIGHT HANDLING COMPANY d/b/a SEARS LOGISTICS SERVICES ("SLS") BY: .��"' Name: 12►, J' f }O$CH Title: V. 17, L! TWrit 144M7- ATTEST: CITY OF FONTANA ("GRANTEE") By: Name: Robert W. Weddle. P.E. Title: Ciry FnginPPr PRO j ?.i ' MA ;ER L �� A L 11ti111ti1rii �ii N0209 State of California 1 County of San Bernardino On March 17 1993 before me, DATE personally appeared 1 Elpersonally known to 1f 1 f 1) 1 1 1 1 1 f 1 } Wilma Pinsak NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' Robert W. Weddle me - OFFICIAL SEAL WILMA PINSAK NOTARY PUBLIC - CALIFORNIA SAN RrT^I4I.DINO COUNTY My Co a=, Dec. 16. 1994 NAME(S) OF SIGNER(S) OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of Fontana ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Right —of —Entry for Temporary Construction Number of Pages 2 Date of Document E ement 9 March 17, 19§�3 Signer(s) Other Than Named Above CAPACITY CLAIMED BY SIGNER 1 ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 1 1 I 1 1 1 51991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184 • SLS SEARS LOGISTICS SERVICES John Riley City of Fontana 8353 Sierra Avenue Fontana, CA 92334 61993 225 Windsor Drive Itasca, IL 60143-1223 708-285-5000 March 22, 1993 RE: Temporary Construction Easement and Right of Entry for, Tamarind Lift Station No. 8 and Force Main, Fontana, CA Dear Mr. Riley: Per your request, enclosed is one (1) fully -executed original "Right -of -Entry for Temporary Construction Easement". Kindly forward to the undersigned the insurance certificates called for in the Easement as soon as they are available and before commencing construction on the subject property. Please contact me at (708) 285-5282 with any further questions you may have. Sincerely yours, 1964„a/t;p0 Phillip E. Goodchild Attorney Enc. cc: M. A. Bradford-SLS (w/enc.) RIGHT -OF -ENTRY FOR TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this 17th day of March 1993 between TERMINAL FREIGHT HANDLING COMPANY, a Delaware corporation d/b/a SEARS LOGISTICS SERVICES ("SLS") and the CITY OF FONTANA, CALIFORNIA, a municipality ("Grantee"), as follows: A. SLS is the owner of the property described as: Parcel 4 of. Parcel Map 12195, in the City of Fontana, County of San Bernardino, State of California, as shown on a map recorded in Book 158, pages 28 through 40, inclusive of parcel maps, records of said County. B. Grantee requires a temporary construction easement in the following portion of the above described property in connection with Grantee's construction of a permanent sewer lift station within the public right-of-way of Tamarind Avenue: The north 400 feet of the southerly 599 feet of the easterly 50 feet of Parcel 4 aforesaid ("the Premises"). C. SLS and Grantee desire to execute this Easement for the purpose granting such temporary construction easement. NOW, THEREFORE, in consideration of the mutual convenants set forth herein, SLS and Grantee agree as follows: 1. SLS hereby grants to Grantee, its officers, agents, employees, and any other persons under contract with or employed by Grantee (all such parties collectively are included within the definition of "Grantee") , without payment by Grantee, the temporary right, for a period of 365 days from the date hereof, to enter upon the Premises for the purpose of constructing the permanent sewer lift station aforesaid. 2. Grantee agrees to restore the Premises, as of the date of termination of this right of entry, to the condition same was in as of the date hereof, including without limitation grading the surface to meet the adjacent natural ground as it exists as of the date hereof. 3. Grantee shall use the Premises at its own risk. SLS shall have no responsibility or liability for any loss of or damage to any property of Grantee, from any cause whatsoever except for the negligence or willful misconduct of SLS. 4. Grantee shall pay for and maintain or cause its contractors to pay for and maintain, the following policy of insurance covering the Premises, which insurance shall be obtained from a company currently rated "A/VII" or better in the most current edition of Best's Insurance Reports: -1- • • (a) Comprehensive General Liability Insurance including but not limited to, coverage for Personal Injuries with limits of not less than $2,000,000 combined single limit for death, personal injury and property damage, per occurrence. Concurrently with the execution hereof, Grantee shall furnish to SLS insurance certificates. (b) Workers' Compensation and Employer's Liability Insurance with statutory benefits and limits which shall fully comply with all state requirements applying to this insurance, which shall contain a waiver of subrogation in favor of SLS; and Employer's Liability Insurance with limits of not less that $500,000 per accident and disease. 5. Grantee agrees to indemnify, protect, defend and hold SLS, its directors, officers, employees and agents, harmless from andagainst all claims, actions, losses, damages, costs, expenses and liabilities, arising out of actual or alleged injury to or death of any person or loss of or damage to property in, upon, or about the Premises, including the person and property of SLS, its directors, officers, employees, agents, invitees, licensees or others, arising from the acts or omissions of Grantee. 6. Except as provided herein, Grantee shall have no liability to SLS under this Easement Document. IN WITNESS WHEREOF, the parties have caused this Easement to be executed as of the date first stated above. ATTEST: TERMINAL FREIGHT HANDLING COMPANY d/b/a SEARS LOGISTICS SERVICES ("SLS") BY:f Name: 12►, J' I-+D SC-H } ^c Title: V. venom K M6,btr �°;;;4, } _ r 1 ATTEST: CITY OF FONTANA ("GRANTEE") By: G "'s-l�j. Name: Robert W. Weddle. P.E. Title: City F.ngfii PPr ALL.elritti)r At� tKhl4fr4/ILaEQGMENT NO 209 State of California County of San Bernardino On March 1 7 1991 before me, Wilma Pinsak DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Robert W. Weddle NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. OFFICIAL SEAL WILMA PINSAK NOTARY PUBLIC • CALIFORNIA SAN Fo-nNa°')!NO COUNTY My Co .. ... Dec. 16. 1994 SIGNATU OF NOTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of Fontana ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Right -of —Entry for Temporary Construction ` Number of Pages 2 Date of Document March 17, lement Signer(s) Other Than Named Above / / O 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184 • City of Fontana CALIFORNIA April 21, 1993 Mr. Phillip E. Goodchild Sears Logistics Services, SLS 225 Windsor Drive Itasca, Illinois 60143-1223 RE: Tamarind Avenue Force Main and Sewer Lift Station No. 8 Right -of -Entry and Easement Agreement Certification of Insurance Dear Mr. Goodchild: Enclosed, is a copy of all insurance certificates as they relate to the above referenced project. These certificates are forwarded to your office as requested. If you have any further questions please contact the undersigned at (909) 350-6644. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Jo n Riley Associate Engineer/Special Projects cc: City Engineer Principal Civil Engineer/Special Projects Principal Civil Engineer/Capital Improvements JR:yv c:\riley\leters93\certofin.ltr 8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA CALIFORNIA 92334.0518 • (714) 350.7600 SISTER"CITY— KAMLOOPS, B.C. CANADA CO recycled paper • %G� City of Fontana CALIF ORNIA March 17, 1993 Mr. Phillip E. Goodchild Sears Logistics Services, SLS 225 Windsor Drive Itasca, Illinois 60143-1223 RE: Tamarind Lift Station No. 8 and Force Main Temporary Construction Easement and Right of Entry Dear Mr. Goodchild: On March 16, 1993, the City of Fontana City Council awarded the construction contract for the above referenced project. Pursuant to our previous communications and requests, I have enclosed two (2) original temporary construction easement documents to be executed by SLS and notarized. Please keep one original copy for your files and return one executed copy to the City of Fontana, to the attention of the undersigned. Your immediate response to this request is greatly appreciated, due to the very tight construction time frame for this project. If you have any questions regarding this matter, please contact the undersigned at 909-350-6644. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineerin Divis'on John Riley Associate Engineer/Special Projects JR:sh Enclosure cc: City Engineer Principal Engineer/Capital Improvements 8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7600 SISTER CITY— KAMLOOPS, B.C. CANADA Ca recycled paper • RECORD OF TELEPHONVONVERSATION CITY OF FONTANA .Date Individual Organization Items Discussed A&-e-or c.6 Job No. By J /J Project I etV�eA s` k.`f�.d�, 1 i t t GAzy lot !7.2 i4-'42-7 Phone No. Comments or Action Required FAX CITY O COMMUNICATIONS C,A L IFOR NIA LOCATION: FROM FAX NO. [909] 350- 6618 0 PLEASE DELIVER THE FOLLOWING PAGES TO: I1 NAME: A!').�% 1i Ge2,1c Y Gs T FAX NUMBER: 7G'--o��. fib' PHONE: 7P1-�'.v©G A /--;- ill FROM: - .. 4,4 J� E/' f� LOCATION: Air %�,`v. CF �� ACCOUNT NO. PHONE: ,5501--�-'ii, A TOTAL NUMBER OF PAGES: , g) DATE: /i .5 TIME: /g.hw (including coversheet) MESSAGE: c�.(047 ) --De ?/// Y j%(c(7- 6p4(t) rr autc p9 e i uvt-(itit,-4 t 4 64 f el2dk-Lark..Z17 dZ v e a,_c% rif(64t0-0 6 cea e: nal() ✓w�� - CC: FAX CHA'• IS: $3.00 1ST PAGE (EXCLUDING COVER SHEET) $1.50 REAFTER. PLEASE MAKE C PAYABLE TO CITY OF FONTANA IN THE NT OF $ AND MAIL TO: OF FONTANA, P.O.BOX - 8, FONTANA, CA. 92334 FROM: company / firm address phone no. : PLEASE RETURN THIS COVER •EET WITH PAYMENT (ACC.N0.010-0316-2300) JAN. 1992 SKY-- • RIGHT -OF -ENTRY FOR TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this day of 1993 between TERMINAL FREIGHT HANDLING COMPANY, a Delaware corporation d/b/a SEARS LOGISTICS SERVICES ("SLS") and the CITY OF FONTANA, CALIFORNIA, a municipality ("Grantee"), as follows: A. SLS is the owner of the property described as: Parcel 4 of Parcel Map 12195, in the City of Fontana, County of San Bernardino, State of California, as shown on a map recorded in Book 158, pages 28 through 40, inclusive of parcel maps, records of said County. B. Grantee requires a temporary construction easement in the following portion of the above described property in connection with Grantee's construction of a permanent sewer lift station within the public right-of-way of Tamarind Avenue: The north 400 feet of the southerly 599 feet of the easterly 50 feet of Parcel 4 aforesaid ("the Premises"). C. SLS and Grantee desire to execute this Easement for the purpose granting such temporary construction easement. NOW, THEREFORE, in consideration of the mutual convenants set forth herein, SLS and Grantee agree as follows: 1. SLS hereby grants to Grantee, its officers, agents, employees, and any other persons under contract with or employed by Grantee (all such parties collectively are included within the definition of "Grantee"), without payment by Grantee, the temporary right, for a period of 365 days from the date hereof, to enter upon the Premises for the purpose of constructing the permanent sewer lift station aforesaid. 2. Grantee agrees to restore the Premises, as of the date of termination of this right of entry, to the condition same was in as of the date hereof, including without limitation grading the surface to meet the adjacent natural ground as it exists as of the date hereof. 3. Grantee shall use the Premises at its own risk. SLS shall have no responsibility or liability for any loss of or damage to any property of Grantee, from any cause whatsoever except for the negligence or willful misconduct of SLS. 1 • • 4. Grantee shall pay for and maintain or cause its contractors to pay for and maintain, the following policy of insurance covering the Premises, which insurance shall be obtained from a company currently rated "A/VII" or better in the most current edition of Best's Insurance Reports: (a) Comprehenclive General Liability InsornsQ including but not limited to, coverage for Personal Injuries with limits of not less than $2,000,000, combined single limit for death, personal injury and property damage, per occurrence. Concurrently with the execution hereof, Grantee shall furnish to SLS insurance certificates. (b) Workers' Compensation and Fmployer's I,j,ab tty Insurance with statutory benefits and limits which shall fully comply with all state requirements applying to this insurance, which shall contain a waiver of subrogation in favor of SLS; and Employer's Liability Insurance with limits of not less that $500,000 per accident and disease. 5. Grantee agrees to indemnify, protect, defend and hold SLS, its directors, officers, employees and agents, harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities, arising out of actual or alleged injury to or death of any person or loss of or damage to property in, upon, or about the Premises, including the person and property of SLS, its directors, officers, employees, agents, invitees, licensees or others, arising from the acts or omissions of Grantee. 6. Except as provided herein, Grantee shall have no liability to SLS under this Easement Document. IN WITNESS WHEREOF, the parties have caused this Easement to be executed as of the date first stated above. ATTEST: TERMINAL FREIGHT HANDLING COMPANY d/b/a SEARS LOGISTICS SERVICES ("SLS") By- BY: Name: Name: Title: Title: 2 • • ATTEST: CITY OF FONTANA ("GRANTEE") By: By: Name Name: Title Title: 3 to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 LIABILITY INSURANCE. [Replace the entire Subsection with the following]: 7-3.1 Indemnification. The Contractor shall indemnify and save harmless the CITY OF FONTANA, the State of California, the County of San Bernardino and/or any incorporated city from all claims or suits for damages arising from his prosecution of the contract work, as more fully described in Subsection 7-3.2 "Contractor's Liability." 7-3.2 Insurance Requirements. The Insurance afforded by this policy shall not be cancelled, suspended or modified, or renewal of such a policy declined unless notice is mailed, by certified mail return receipt requested, to the City at least 45 days prior to the effective date of the nonrenewal, suspension or modification or at least 60 days prior to the effective date of cancellation. The Contractor shall maintain during the life of the contract a protective liability policy. The policy shall provide for not less than the following amounts: Bodily Injury $1,000,000 each person $2,000,000 each accident $1,000,000 each accident for products and completed operations Property Damage $1,000,000 each accident Worker's Compensation Statutory Automobile Liability Insurance to include all owned, non -owned or non -hired vehicles, including loading and unloading thereof: Automobile Bodily Injury $1,000,000 each person $2,000,000 each accident $ 500,000 each occurance Automobile Property Damage All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the AGENCY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. The following statement shall be included on the insurance certificate: "Additional Insured: The insurer agrees that the City and its City Council, and/or all City Council appointed groups, committees, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City when acting as such are additional insured hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City." '� P/20v/6/;4S Sp-6 .f5/24"ef • • The Contractor agrees to protect, defend, and indemnify the City of Fontana against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, his employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The. Contractor, at his option, may include such coverage under his General Liability coverage. 7-3.3 Contractor's Liability. The City of Fontana, the City Council or the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person o'r persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance, and shall indemnify and save harmless the City of Fontana, the City Council and the Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid. If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 7-3.4 Certificates of Insurance. The Contractor shall not commence work until Contractor had delivered to the City a Certificate of Insurance executed by a duly authorized agent of the insurance carrier specifying that the insurance affords coverage for all matters set forth in this contract in at least the minimum amount required. All of said certificates must show the correct job reference and location of the Jobsite and are not to state "covering all tracts." Contractor at his own cost and expense, shall insure this interest against loss resulting from fire, earth settlement, theft, embezzlement, riot or any other cause whatsoever. 7-5 -PERMITS [Replace the first sentence with the following]: Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates or authorizations required by any governing body or public utility: The Contractor is required but not limited to obtaining SP-7 HALL&FOREMAN,C.M. ILL: b41 tsrrr • r J 10170 1J.V0 IVU .VV( r.V.7 117-: O'f-i'- R • %Y. kilt. THIS EASEMENT _r (this "Agreement") is made this day of , 1993 between TERMINAL FREIGHT HANDLING COMPANY, A Delaware corporation d/b/a SEARS LOGIETYCS SERVICES ("SLS") and the City of Fontana, a ("Grantee"), as follow': w A. 8L8 is the owner of the property described as: Parcel 4 of Parcel Map 12195 in the City of Fontana, County San 8ernardin0, State of California, as shown on a map recorded in Hook 138, pages 28 through 40, inclusive of parcel maps, records of said County. B. Grantee requires a tamporaty4oUemant in the following portion of the above described property in connection with Grantee's construction of a permanent sewer Lift station within the public right-of-way of Tamarind lwonue$ The north 400 feet of the southerly 599 feet of the easterly 50 feet of Parcel 4 aforesaid ("the premises"). G. SLS and Grantee desire to execute thisligmement- for the purpose granting such tomporarytsaseemeen a4 NOW, THEREFORE, in consideration of the mutual coventanta sat forth herein, SLS and Grantee agree as follows: 1'e0 liS,y7 13;Ub NO.UU( r.U4 • ALLB,FUKEMHN,C.M. i ILL: b41-tirrr j, r'-!•T PA yM E /�T Apr �1 I. 8Ls hereby grants to .Grantee, its Officers, agents, employees, and any other persons undo contract with or employed. by Grantee (n11 such parties collectively are included within the definition of "Grantee") the temporary right, for a period of 365 days from the da a hereof, to enter upon the(p�}emiees for the purpose of constructing the permanent sewer' lift station aforesaid. rGAPi7 L p) Z. Grantee agrees to restore the Premises, as of the' date of termination of this right of entry, to the condition same was in as of the date hereof, including without limitation grading the surface to meet the adjacent natural grount r G(J,4--1 a t,4 9 ,cP /i L1 . rz� off' l A t/ /s7"s s of/ PATE WE �i A ter'/ f} S � T X IQ 3. Grantee shall use the Premises at its own risk. SLS shall have.no responsibility or liability for any lose of or damage to any property of Grantee, from any cause S-ro whatsoever except for the s e negligence or willful p,,,TRA,F,r°2 �. O AY GA Lisa " Mlii T misconduct of SM. P 0, � giA/2'4(fv✓1;; ,z 1 4. Grantee shall pay for and maintainAthe fallowing policy of insurance covering the premises, which insurance shall be obtained from a company currently rated "A/VII" or CK better in the moat current edition of nest's Insurance rY) Reports: (a) gomorehensidejteAeral Liability !neuronal including but not Milted to, coverage for Personal Injuries with limits Of not less than $2,000,000.00 combined single limit for death, personal injury and property damage, per accurronce. Concurrently with the execution hereof, Grantee shall furnish to SLS insurance certificates. 9 HALL&FOREMAN,C.M. TEL: 641-8777 Feb 18,93 13:06 No.00r F.U5 • (b) )Porkers' Compensation and, Employer's yisbilitv,ineuranae with statutory benefits and limits which shall fully comply with all state requirementi applying to this insurance, which shall contain a waiver of subrogation in favor of SLS; and Employer's Liability Insurance with limits of not less than 4500,000 per accident and disease. 5. Grantee agrees to indemnify, protect, defend and hold SLR, its directors, officers, employees and agents, harmleasa from and against all claims, actions, losaaos, damages, coats, expenses and liabilities', azioing out of actual or alleged injury to or death of any person or loss of or damage to property in, upon, or about the Premises, including the parson and property of SLS, its director", Officers, employees, agents, invitees, licensees or others, arising from the acts or omissions of Grantee. 6. Except as provided norein, Grantee shall have no liability to 0L9 under this Agreement. IN WITN6S3 WHERBOr, the parties have caused this Agreement to be executed as of the date first stated above. ATTEST1 TERMINAL FREIGHT HANDLING COMPANY d/b/a SEARS LOGISTICS SERVICES ("SLS") Bys Bpi. Namat Mamas Title a Tit1411 HALL&FOREMAN,C.M. v. * TEL: 641-8777 Feb 18,93 13:06 No.O.Cq, P.06 • • ATTESTs CITY OF FONTANA ("QRANTEE") Sys Bys_ • Name s Names Title: Title: P111102893\xtfostilamm 4 — olor—ortir ( • 3 CITY OF FONTANA CALIFORNIA, MEMORANDUM TO: ROBERT GRAHAM RISK MANAGER FROM: FELIPE MOLINOS PRINCIPAL CIVIL ENGINEER/CAPITAL IMPROVEMENTS SUBJECT: TEMPORARY CONSTRUCTION EASEMENT FOR TAMARIND AVENUE SEWER LIFT STATION NO. 8 AND FORCE MAIN TO SANTA ANA AVENUE PROJECT DATE: FEBRUARY 24, 1993 For the construction of the subject lift station, a temporary construction easement (on vacant land) will be needed from Sears Logistics Services "SLS", owner of the property. The City, through the engineer for this project (Hall & Foreman, Inc.) contacted SLS for obtaining such easement. Attached, please find SLS's easement language for granting. The handwritten notes reflect the City Attorney's (Steve Deitsch) comments on it. Also attached are the bid specifications for the project, currently out to bid. The date for bid opening is March 4, 1993. Please review the agreement and provide your comments for a city response to SLS as soon as possible. CaII me at X-6641 if you need additional information or for pick- up of your comments. Thanks for your help on this project. cc: City Engineer Associate Engineer/Special Projects (JR) c:\felipe\memos93\swrIftst.mem SLS'. SEARSLOGDSTICSSERVICEMA!rmilmr 2 2 S W i n d s o t. D r i v• Itasca, IL 60 3.4E-I223 (FAX) 700-205-3344 (Tier} 70-28S-5000 iro FROM DATE Fer6. r t c ". ..�._ TOTAL PAGES .� (incladIng this cove shpat)- IfirGL1 P B. 4zrw 41 -c' REGARPINO amo7?ut o1 PA, 9144veMeArt rax. 7 4 Apt* i t.l uA A "t/G e'areit. aft' $541 0 tAr f4N Trt gA pi vi er itivand W7TN ' You i e+Pricreed, j etwi war*. WEE 12WORNATION CONTAINED IN TEIa FACSIMILE =saws I9 ATTORNEY MIME= AND CONFIDENT/AL IIPORi1ATION MENDED ONLY FOR TES USE CV THE INDIVIDUAL OR ENTXT! NAM ABOVE. IF THE READER or THIS MESSAGE IS NOT 282 INTENDED D RRCYPIENT, OR TEE EMPLOYEE OR AGNIST RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANT DISSaaLINATION, DISTRIBUTION OR COPYING OF'THIS COMM/CATION i8 STRICTLY PROHIBITED' IF YOU NAVE RECEIVED 'TIN COMMUNICATION IN ERROR, PLEASE NoTIPY U8 8T TELEPHONE ImNEDIATELY, AND RETURN THE oRUG1ii L K8043 TO VS AV THE ABOVE ADDRESS. v.• ,k :Y•• i M: THIS BASEMENT AGRBE$ENT'(this "Agreement") is made this day of _ , 1993 between TERMINAL FREIGHT HANDLING CQMPANY, A Delaware corporation d/b/a SEARS LpalsTICS 9ERVICBS ("BL9") and the City of Fontana, a ("Grantee"), as follows' bildb A. BL5 is the owner of the property described as: Parcel 4 of Parcel Map 12105 in the City of Fontana, County San Bernardino, State of California, as shown on a map recorded in Book 158, pages 28 through 40, inclusive of parcel mope, records of said County. B. Grantee requires a temporary Oa®ement in the following portion of the above described property in connection with Grantee's construction of a permanent sewer lift station within the public right-of-way of Tamarind Avenue: The north 400 feet of the southerly 599 feet of the easterly 30 feet of Parcel 4 aforesaid ("the Pre ices"). C. SL8 and Grantee desire to execute this Agreement for the purpose granting such temporary easement. NOW, THEREFORE, in consideration of the mutual eoventants Set forth herein, SLB and Grantee agree as follows: rti our PAYMENT- fay • !licera 1. ALs hereby grants to Grantee, its , agents, employees, and any other persons under contract with or employed by Grantee Cali such parties coil Ctively are included within the definition of "grantee") the temporary right, for period of 365 days from the da a hereof, to enter upon the(emiees for the purpose of constructing the permanent sewer lift station aforesaid. CG4Pi7 P) 2. Grantee agrees to restore the Premises, as of the date of termination of this right of entry, to the condition same was in as of the date hereof, including without limitation grading the surface to meet the adjacent natural round. '-tl1 ,i� in c�r- (4) tiM5 ;'r EX/SA,S of 744 .P0CL 75 h`E of 3. . Grantee shall use the Premises at its own risk. sLs shall have .no responsibility or liability for any loss of or damage to any property of Grantee,'from any cause 5 'N-ro whatsoever except for the s e negligence or willful CQiia� 7 O AY.c. F's pN0' (4./ MQcNT misconduct of SLS. Zri P A4' ()!,v,'', ,,f I 0 ,/� ,'',. / ^-: 4, Grantee shall pay for and maintainAthe fdllawinq policy of insurance covering the Premises, which insurance shall be obtained from a company currently rated "A/VII" or C/,t,,i. batter in the moat Current edition of test's Insurance Reportsi r1 (a) gomotebeni Y• General Liability Insure = including but not limited to, coverage for Personal Injuries with limits of not less than 42,000,000.00,conbined single limit for death, personal injury and property damage, per occurrence. Concurrently with the execution hereof, Grantee shall furnish to SW insurance certificates. • • (b) porkers' Compensation and Lmplovsg'a yiebil,ity.Ineurence with statutory benefits and limits which shall fully comply with all state requirements applying to this insurance, which shall contain a waiver of subrogation in favor of ELS; and Employer's Liability Insurance with limits of not less than '500,000 per accident and disease. 5. Grantee agrees to indemnify, protect, defend and hold BLS, Its directors, officers, employees and agents, harmless from and against all claims, nations, losses, damages, costs, expenses and liabilitie8, arining out of actual or alleged injury to or death of any Person or loss of or damage to property in, upon, or about the Premises, including the parson and property of SLS, its directors, Officers, employees, agents, invitees, licensees or others, arising from the acts or omissions of Grantee. 6. Except as provided herein, Grantee shall have no liability to BLS under this Agreement. IN WITNRBS WHEREOF, the parties have caused this Agreement to be executed as of the date first stated above. ATTEST' TERMINAL TREIGNT HANDLING COMPANY d/b/a SEARS LOGISTICS SERVICES ("SLS") Bye Sys._._ Mamas _ Names_ Titles Title' • ATTEST* CITY OF FONTANA ("GRANTEE") Sys Hys . xeme s Mantis c- TLtlet Titles Path 1171H93\it(OOZU .UK 4 B 3 a MEMORANDUM TO: FROM: SUBJECT: CITY OF FONTANA CALIFORNIA ROBERT GRAHAM RISK MANAGER FELIPE MOLINOS PRINCIPAL CIVIL ENGINEER/CAPITAL IMPROVEMENTS TEMPORARY CONSTRUCTION EASEMENT FOR TAMARIND AVENUE SEWER LIFT STATION NO. 8 AND FORCE MAIN TO SANTA ANA AVENUE PROJECT DATE: FEBRUARY 24, 1993 For the construction of the subject lift station, a temporary construction easement (on vacant land) will be needed from Sears Logistics Services "SLS", owner of the property. The City, through the engineer for this project (Hall & Foreman, Inc.) contacted SLS for obtaining such easement. Attached, please find SLS's easement language for granting. The handwritten notes reflect the City Attorney's (Steve Deitsch) comments on it. Also attached are the bid specifications for the project, currently out to bid. The date for bid opening is March 4, 1993. Please review the agreement and provide your comments for a city response to SLS as soon as possible. Call me at X-6641 if you need additional information or for pick- up of your comments. Thanks for your help on this project. cc: City Engineer Associate Engineer/Special Projects (JR) c:\felipe\memos93\swrlftst.mem HALL&FOREMRNC.M. `.r g TEL: 641-87?? Feb 18,93 13:06 No.00r f.U2 40 s s et SEARS LOGESIICS 8E,"RYLCES Z 3 5 Windsor. Drive Itasca, IL 6 0 3. 4 3 .. 1 2 2 3 (FAX) 708-20S-5344 {TETi} 700-283-5000 TO DATE FAS,. l $ (q 4 '- TOTAL PAGES �.., (including this cover sheet) Als=a•see rAx • R ER (-u 4 y + "4645 FROM 7o«f-1P e. 4rgrpoficio-- REGARpna near it aft' r, noxf tnr fourotAh4 / t piogve mad J A*P stow • Yaui milesiYAti THE INFORMATION CONTAINED IN IINIO FACSIMILE MUGS IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FORTES USE 01 THZ INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF ''HIS XESSAGN IS NOT TES IN'TRNDE1 RECIPIENT, OR THE EMPLOYES OR AGENT RESPONSIBLE TO DELIVER IT TO THE .INTENDED RECIPIENT, YOU ARE HBREBY•NOTIFIED TN" ANY DISSEMINATION, DISTRIBUTION OR COPYING OF'THIS COMMUNICATION IS STRICTLY PROHIBITED. IP YOU IULVE RECEIVED THIS CObDIUNXCATION IN ERROR, PLEASE NOTIFY US BY TELEPHONE immEDIATELY, AND RETURN THE moms, WROO402 TO UQ AP THE ABOVE ADDRESS. RIGHT -OF -ENTRY FOR TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made this day of 1993 between TERMINAL FREIGHT HANDLING COMPANY, a Delaware corporation d/b/a SEARS LOGISTICS SERVICES ("SLS") and the CITY OF FONTANA, CALIFORNIA, a municipality ("Grantee"), as follows: A. SLS is the owner of the property described as: Parcel 4 of Parcel Map 12195, in the City of Fontana, County of San Bernardino, State of California, as shown on a map recorded in Book 158, pages 28 through 40, inclusive of parcel maps, records of said County. B. Grantee requires a temporary construction easement in the following portion of the above described property in connection with Grantee's construction of a permanent sewer lift station within the public right-of-way of Tamarind Avenue: The north 400 feet of the southerly 599 feet of the easterly 50 feet of Parcel 4 aforesaid ("the Premises"). C. SLS and Grantee desire to execute this Easement for the purpose granting such temporary construction easement. NOW, THEREFORE, in consideration of the mutual convenants set forth herein, SLS and Grantee agree as follows: 1. SLS hereby grants to Grantee, its officers, agents, employees, and any other persons under contract with or employed by Grantee (all such parties collectively are included within the definition of "Grantee"), without payment by Grantee, the temporary right, for a period of 365 days from the date hereof, to enter upon the Premises for the purpose of constructing the permanent sewer lift station aforesaid. 2. Grantee agrees to restore the Premises, as of the date of termination of this right of entry, to the condition same was in as of the date hereof, including without limitation grading the surface to meet the adjacent natural ground as it exists as of the date hereof. 3. Grantee shall use the Premises at its own risk. SLS shall have no responsibility or liability for any loss of or damage to any property of Grantee, from any cause whatsoever except for the negligence or willful misconduct of SLS. 4. Grantee shall pay for and maintain or cause its contractors to pay for and maintain, the following policy of insurance covering the Premises, which insurance shall be obtained from a company currently rated "A/VII" or better in the most current edition of Best's Insurance Reports: -1- • (a) Comprehensive General Liability Insurance including but not limited to, coverage for Personal Injuries with limits of not less than $2,000,000 combined single limit for death, personal injury and property damage, per occurrence. Concurrently with the execution hereof, Grantee shall furnish to SLS insurance certificates. (b) Workers' Compensation and Employer's Liability Insurance with statutory benefits and limits which shall fully comply with all state requirements applying to this insurance, which shall contain a waiver of subrogation in favor of SLS; and Employer's Liability Insurance with limits of not less that $500,000 per accident and disease. 5. Grantee agrees to indemnify, protect, defend and hold SLS, its directors, officers, employees and agents, harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities, arising out of actual or alleged injury to or death of any person or loss of or damage to property in, upon, or about the Premises, including the person and property of SLS, its directors, officers, employees, agents, invitees, licensees or others, arising from the acts or omissions of Grantee. 6. Except as provided herein, Grantee shall have no liability to SLS under this Easement Document. IN WITNESS WHEREOF, the parties have caused this Easement to be executed as of the date first stated above. ATTEST: TERMINAL FREIGHT HANDLING COMPANY d/b/a SEARS LOGISTICS SERVICES ("SLS") BY: Name: Title: ATTEST: CITY OF FONTANA ("GRANTEE") By: Name: Title: • RECORD OF TELEPHONWONVERSATION CITY OF FONTANA By Job No. gr Project t•V YV1 (z-rk ("Lei L /4 Date B 10 er 0)-1(9--rim 6at: 1 a Individual 1 1 4.lP e/Pc7Ar Organization v/-be Phone No. 7e�""� Items Discussed � ` 9�S i -At- ``dam estecef e- cW—1 e ,� /t4 a m 4d G34 /. �/6--t-;Gt, r !y /.,7, e ceex(5-7/At . /Wit 4 ;, Comments or Action R)uired 0"711i�j/6/ GL 7 5,0 BSt-Pf06 1S VALL•&FOREMAN,C.M. 641-8777 F • MILL. Ul 1 V1141PRUI, 11UUI 0,93 16:51 No.010 P.01 Date: To: Company: From: Fax No.: 13821 NEWPORT AVE.; #200 TUSTIN, CA 92680 (714)544-3404 Fax Transmittal ;., vo Niel/4y te r 1 "T)./r 1.Ie a we, I10 331) - Cog/2 No. of Pages (including this form) ► Description or Message: If al! pages are not received or there Is difficulty with this transmission, please call at (714)544-3404 or reply to fax number (714)544-3165. i!V• '#I / V14WVN II11./INVIII IUI% 1./1111� Description or Message: Ov' . I C cly 0-C. 'fin, -,tics -t-erl fi11-b rti, f0I #aAA CA ( roCp.1 y. .. c,' 111 Iart. rr,iA If all pages are not received or there is difficulty with this transmission, please cal! at (714)544-3404 or reply tofax number (714)544-3155. 4.54441414. 31 a cceSs so. � 01/4er +o 0 . 17 r.4. {niter you, Pctee- HALL&FOREMAN,C.M. Date: To: Company: From: Fax No.: 641-8777 72821 NNWPU1f l AVE., 0156 TUSTIN, CA 92680 (714)544-9404 • Fax Transmittal ci3 MT TSAR! van . ATiiev L+r $ No. of Pages (including this form) Description or Message: TheAsE CALI. di MD. LE.A.V5. H AA,« ? , r . `H0c' ► .:E,l , ! !2. tritov4ILTA14-c_1:0100_e` . ?1e`,,Aettoer Fe.10,93 16:51 No.010 P.02g, AY 24 4*- (votcz rI1) M ! di ) 54141423 ,1 If all pages are not received or there is difficulty with this transmission, please call at (714)544-3404 or reply to fax number (714)544-3155. 1 s Go m/61. 0 /D A/ r'r- WE OMR/ J'OVZ HiiP, HALL&FOREMRN,C.M. 1- 641-8777 Febi11,93 16:51 No.010 P.03 TEMPORARY CONSTRUCTION EASEMENT I, being the owner of the property described as Parcel 4 of Parcel Map 12195 in the City of Fontana, Countyof San Bernardino, State of California, as shown on a map recorded in Book 158, pages 28 through 40, inclusive of parcel maps, records of said County, hereby grant to the City of Fontana, its officers, agents, employees and any other persons under contact with or employed by the City, the right, for a period of 365 days from this date, to enter upon the following described area of said Parcel 4: The north 400 feet of the southerly 599 feet of the easterly 50 feet thereof. The area to be entered is shown on Exhibit "B" attached hereto and made a part hereof. This temporary easement is granted for the purpose of constructing a permanent sewer lift station within Tamarind Avenue public right of way, As a condition of this grant, the City agrees to restore or repair the surface improvements of said area to be entered upon, to their conditions as of the date hereof as follows: Grade surface to meet adjacent natural ground. Except as herein set out, the City shall be under no liability whatsoever to said owner or leaser. Terminal Freight Handling Company, a Delaware Corporation, DBA Sears Logistic Services. Grantor's Signature Grantor's Printed Name and Title Accepted by the City of Fontana: By: Signature Date Title Date 4013iaerment.2 HRLL&FOREMAN,C.M. 4.: 641-8777 Feb,93 16:51 No.010 P.04 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 12195 IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 158, PAGES 28 THROUGH 40, INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE NORTH 400 FEET OP THE SOUTHERLY 599 FEET OF THE EASTERLY 50 FEET OF SAID PARCEL 4. EXHIBIT "Bn ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: SOLLIE, P.L.S. NSE #5749 EXPIRES 12/31/95 JES/CS/Kb JOB #4013-071 LD21 12/ 31/9 2 1. HRLL&FOREMRN,C.M. LOT "M" LOT "N" Z LLI f Ed 44.1 LOT "0" 641-8777 Feb EXHIBIT "B" LOT "P" Q. SANTA ANA AVENUE J -\R _PI I, �! 1 2 J D5 J B- 4 LOT "D" JURUPA AVENUE LOT "D) I( TRACT 13332 MR 221118-30 T. VIA LARGA --71= VOLANTE DRIVE CITY OF FONTANA, CALIFORNIA DEED PLAT ,93 16:51 No.010 P.05 LOT "SEIvfl -- TROPIC LAND AND WATER CD' M WIH2 Approved _,19!__ "SEMI 11TROPIC LAND AND WATER co" t f MBIH--12 L� PARCEL MAP 14af1 P.MB. 12/33 PARCEL MAP '13-11 P.1v1.a. 12/86 PARCF I MAP :#-'4.8 P.IviB. 16/3 AYW000 STREET J !SEMI OPIC LAND AND WATER CO.: ..ir MB/ 11-12 Parcel No. Drawn By: City of Fontana CALIFORNIA San Bernardino Associated Governments Mike Bair, Deputy Executive Director 475 North Arrowhead San Bernardino, CA 92401 RE: Drainage along the Metrolink Railroad Tracks Dear Mr. Bair: On March 8, 1993, Mr. Dick May appeared before the City Planning Commission and notified the City of flooding problems he and his neighbors have recently encountered. Mr. May stated that grading which was done along the south side of the Metrolink tracks has caused water runoff to drain through his property. On March 9, 1993, City staff called SANBAG to notify you of the problem. We understand that you have requested Southern California Regional Rail Agency engineers to investigate the matter. However, Mr. May recently advised us that no action has been taken to correct the drainage as of this date. We request that you contact Mr. May at (909) 922-7444 to let him know of the progress to date on the matter as well as what actions will be taken to correct the drainage flows. If you have any questions about the drainage in the area or would like assistance from City staff, please contact Darin Grossi at (909) 350-6609. Sincerely, C UN,ITY DEVELOPMENT DEPARTMENT enne L. es Interim Community Development Director KLJ:DG:km cc: City Engineer Mr. May 8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7600 SISTER CITY— KAMLOOPS, B.C. CANADA CO O recycled paper