Loading...
HomeMy WebLinkAbout0850-72_Sewer Improvements Land Development Agreement Dahlia Street:TON CONST INC Approved as to Form General Counsel September 15, 1980 TF' •o . 714-975-1690 Se 5 , 88 14:06 No.008 P.03 LS Kaiser' Document Audit 1/ 172492 E l`.f iA1 c.s. 7345-B REV. 5.82 COMPRF.IIENSIVE GENERAL AND AUTOMOBILE LIABILITY ENDORSEMENT Attached to certificate of insurance for and hereby certified to be part of the following policy or policies having the following expiration dates: Policy No. Company Providing Policy Expiration Date SMP959 83 01 NEW HAMPSHIRE INSURANCE COMPANY 05-01-88/89 The scope of the Insurance afforded by the policy(ies) designated in the attached certificate is not less than that which is afforded by the Insurance Service Organizations or other "Standard Provisions" forms in use by the insurance company in the territory in which coverage is afforded. Such Policy(ies) provide fur or are hereby amended to provide for the following: I. The named insured is . BRETON CONSTRUCTION, INC; 2 ("Railroad")* is included as an additional insured with respect to liability arising out of the hazards or operations under ALL AGREEMENTS entered into between the named insured and Railroad, whether or not liability is at- tributable to negligence of the named insured or Railroad. In the event it is intended that this endorsement is ap- plicable to only one agreement, the agreement is described as follows: Project known as: I.B.G. DAHLIA, FONTANA The insurance provided hereunder applies as though separate policies are in effect for both the named insured and Railroad. 3. The limits of liability under the policy(ies) arc not less than those shown on the certificate to which this endorse- ment is attached. 4. Cancellation or material reduction of this coverage will not be effective until thirty (30) days following written notice to: SOUTHERN PACIFIC TRANSPORTATION CO. 610 S. Main St. Los Angeles, CA 90014 Address fly registered or certified mail 5. Contractual liability coverage for liability assumed by this insured under said agreement or agreements with Railroad. 6. This insurance is prlmaty and insurer is not emitted to any contribution from insurance in effect for Railroad. 7. All policy or endorsement limitations relating specifically to operations on or near railroad property are eliminated. 8. Broad Form Property Damage endorsement. 9. So-called X. C and U (or similar) limitations are not effective as respects operations by or for, the named insured on or adjacent to Railroad's property. 10. In the event of reduction or exhaustion of the applicable aggregate limit or limits of liability under the primary policy or policies referred to in the attached certificate of insurance solely by reason of losses paid thereunder on ac- count of occurrences during the policy period, the excess policy, if any, referred to herein shall (i) in the event of reduction, apply as excess of the reduced limit of liability thereunder; and (ii) in the event of exhaustion, continue in force as though it were primary insurance. The term "Railroad" includes successors, assigns and affiliated companies of Railroad and affiliates thereof, and other railroad company operating upon or over Railroad's tracks with Railroad's permission, and the officers, employees and agents of any of the foregoing. AGENT: ANDERSON & ANDERSON INS. BROKERS, INC. 2495 Campus Drive Irvine, CA 92715 Insurance Company (714) 476-4300 on i000 A�M.4"Q,1I.1�71.1/l/.fh- orincoT F()WARDS PRODUCER ANDERSON & ANDERSON INSURANCE BROKERS, INC. 2495 CAMPUS DRIVE IRVINE, CA 92715 (714) 476-4300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY � I LETTER NEW HAMPSHIRE INSURANCE COMPANY COMPANY LETTER B HIGHLANDS INSURANCE COMPANY E. !'.. ^:N�:' ::� _ ,-�•� r, �Y?:r.,,.w: ._s:«�� ..,^ i�S4' s'-a i•, ... —ir..Se :,g•= �' • Y+a� ; K �+.... r L S'.3Y•i'ui�- �•rt'. � 3 . • S .r THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100 INDICATED. . NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT CFI OTHER CCCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY F BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI• t . TIONS OF SUCH POLICIES. i , TYPE OF INSURANCE POLICY NUMBER. PCL'CY EP'EC^.YE GATE isAttGO" POL'C! E.YP!tiANCN LIABILITY LIMITS IN THOUSANDS • it DA'E OM/CO .Yl E'<'^ AGGaEGa'E OCCURRE`.CE - - A F GENERAL LIABILITY ..• ccMPREHE+�•� ,SUE FORM PRE.MISEyICPER T:'ONS UOCe•J1�CLLFSE HAZARD FRODUCTEiCOMPL _ ED OPER CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONA. INJURY SMP 959 83 01 5/1/88 •5/1/89 BODILY Is I " x X1 PRCPER7" DAMAGE I $ A. $ Q -XJ X COMBINED $1, 000 .-ATIONS - $1, 000 t X X X PERSONAL INJURY SE y, $1, 000 X -= r y •--ram =`; t ;UMBRELLA A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) .3,1.2L OWNED :BUTDE (9AIVTHER PA5�THAN. /\ . HIRED AUTOS NON -OWNED AUTOS LIABILI^r BA 496 53 53 5/1/88 1 5/1/89 MMY IPERPERSON) Srgt PZ. . SC R.G:RAC'c . x ■ MMYam x •- ;-�- S X PROPERTY DAMAGE S X MSPD COMBINED I S 1,000 EXCESS UABIUTY UMBRELLA FORM OTHER THAN FORM COMB IED $ S A ;: =~'� _._ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY NC 606 350 4/1/88 4/1/89 sTArJTCRV I $1,0001E-CH ACCOE'17 rc n L�,r x S1, 000:OISE SE'P.L,c'r 6 I , ,.. $1, 000 •r!SESE•_:CH EMPLOYEE f .' ;.A OTHER RE: I.B.G. DAHLIA, FONTANA • ' . ry ,.T.1.4.1.1 ''K .>"*; D DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIALITEMS SOUTHERN PACIFIC TRANSPORTATION CO. is named Additional T. Insured with respect to liability arising from the operations of the named insured at referenced job on policy #SMP9598301. See attachment 4 ' _jiiil ,, , k;;7y,� `^ A':Z� :-» ' - r a •.. . 4IYM .,K. ,; � _'. ___ ,`' :+,; SOUTHERN PACIFIC TRANSPORTATION 610 S. Main St. Los Angeles, CA 90014 CO. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELL D BEFORE THE EX. PIRATIQIj DATE THEREOF, THE ISSUING COMPANY X4AIMX O MAIL ,jl) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLLER NAMED TO THE LEFT XfX:XX.XICSUEiXXXI=3i0MX-MX=X7}N\XXXIXXXX. X)3103XXXOCXXXMCK Y 10• • •• V V OJv. :, • a ••• rs AUTH.CRIZE:D REPRESENTATIVE ROBERT EDr1ARDS I , / 1�40 •:• F. MAR 21 '89 8:51 PAGE.002 Mr. r , A. F rerst Itter y,-_ F:i ,:et7 1ri ,G. Attn: Vern (2) Please furnish (x) R No. SE 390 111 F i i e: Ls ?:a:.c"r ( ) SCB No. , dated 8/5/88 Contractors/Licensee's Check#_1055 amount $1,500.00 attached hereto. to cover Engineer inspection/Flagging during the installation of 8" Sewer Line in Dahlia Street (A Public Street) Location of .job Kai. M.P. B-528.4•C ..._ _ Wan 10, 000 . EAC LE90 E 1 N, 601. � _.. Charges to be made ° against. Breton ccmetXctiaa Iaa. #2 Corporate Park Ire, Ca. 92714 (714) 660-9400 Nt. John Delatel Refer to: $III8$ Document Audit � 7-7Z4'9 �)Contractor's Agreement Dated _ tff: ( ). . _ _ .� Agreement (Lease Audit #__,__ _ • with ( )Public Street Cressing(letter dated dated Agreement Document Audit No. . .Donald J. Skaff BY: Janes D. Cushy cc: Mr. D`c•:Iawe-`.. - SF Attn: Jo Brown 11 :,. A; 1$41 i e5 1.,nsfic ecto' Attn: Engr. i p NO INSPECTION MADE ON THIS PROJECT, PLEASE REFUND $1,500.00 TO: BRENTON CONSTRUCTION, INC. Donald J. Skaff By: J.A. Flores -) covered by Blanket - t) Make out a form CS 488 • 2) Indicate when work is completed on the form. 3) Return this form with the Form CS k88. • • Southern Pacific AUG 21988 Transportation Company INVEST :,.SIT euwLDit;G GROUP 610 South Main Street • Los Angeles. California 90014 File: LS Kaiser (213) 629-6133 August 1, 1988 Investment Building Group 515 S. Flower Street Suite 970 Los Angeles, Ca. 90071 Attn: Kim B. Snyder Gentlemen: Enclosed are two counterparts of a rapod Cractr1f.R Qito.f Entry Agreement covering installation of ewerLute for City of Fontana at Kaiser MP 8-528.4-C Please arrange to have both copies signed by your Company, then return both SOUTHERN PACIFIC TRANSPORTATION ORIGINAL and LICENSEE COPY to this office so Southern Pacific can sign them. With return of the agreement, please include the following: (1) A .Certificate of Insurance to which the enclosed "EXHIBIT A" Form C.S.-7345-B, has been endorsed by your insurance agent with all policy numbers on the Certificate of Insurance to be also listed on the "EXHIBIT A" per requirements of Section 4 of the agreement. Our management states: "A RAILROAD PROTECTIVE POLICY IS NOT ACCEPTABLE." (2) A check to cover inspection deposit at the rate of $300.00 per day times the estimated number of days you will occupy the Railroad right of way. When your insurance coverage has been approved by our Insurance Attorney the signed LICENSEE COPY of the agreement will be returned to you. If all relevant documents are in order, you may then notify this office five working days prior to start of work on Railroad property so we can schedule a railroad inspector. No entry may be made onto our property or any work performed until all above requirements have been fulfilled, and permission from this office granted. To secure this approval please call (213) 629-6133. Also, please be advised that under no circumstances will a wet bore or, jetting with water be permitted on Railroad installations. Respectfully, G. R. FETTY Division Superintendent per_ Enclosures ( Approved as to form by General Counsel qCE PN May 1, 1973 �0 DOCUMENT AUDIT. CONTRACTOR'S RIGHT OF ENTRY Form C.S. 7345 Sheet No. 1 of 2 lifjig Zigreement, dated August 1, , 19 $$ , by and between Southern. Pacific Transportation Company , a corporation, herein called "Railroad", and Breton Construction, Inc. #2 -Corporate Park- , herein called "Contractor"; Irvine, CA 92714 Witrteggetfj: 1. For the period not to extend beyond November 1, 19 $$, Railroad hereby permits Contractor to enter upon the property of Railroad in the vicinity of Ka i se r MP B- 5 28.4- C as may be necessary in connection with work to be performed on Railroad premises by Contractor under agreement with City of Fontana and for no other purpose. 2. Contractor agrees to (a) Perform that portion of the work on Railroad premises in accordance with plans and specifications approved by Railroad in such manner and at such times as shall not endanger or interfere with Railroad's operations and in ac- cordance with the regulations of Railroad and instructions of Railroad's representative. Contractor shall submit to Rail- road for approval all construction details. falsework and other incidentals not detailed in plans, insofar as they affect Railroad. (b) Maintain, at Contractor's expense. competent flagmen to protect and control movement of vehicles and equip- ment of Contractor while upon Railroad premises. (c) Notify Railroad at least five (5) working days before commencing work on Railroad premises and within five (5) working days after such work is completed (d) Keep all equipment, tools and materials stored at least fifteen (15) feet from the center line of any operable track. Explosives or other highly inflammable substances will not be stored on Railroad premises without the prior approval of Railroad's representative. (e) Remove all of Contractor's tools. equipment and materials from Railroad premises promptly upon completion of work. restoring Railroad premises to the same state and condition as Witctl Contractor entered thereon. (tl Reimburse Railroad for all cost and expense incurred by Railroad in connection with said work, including without limitation the expense of furnishing such inspectors. watchmen and flagmen as Railroad deems necessary, the installation and removal of falsework beneath tracks, and restoration of Railroad's property to the same condition as when Contractor entered thereon. or to a condition satisfactory to Railroad's representative. • (g) Remove any lien against Railroad's property arising from performance of work hereunder by Contractor or any subcontractor. 3. Contractor agrees to release. defend and indemnify Railroad from and against all loss, damage, claims, costs, expenses and liability for bodily injury to or death of any persons and loss of or damage to any property and loss of use thereof (including but not limited to employees. subcontractors, agents. invitees and the property of each party hereto) arising out or or in any way connected with the work under said agreement upon or adjacent to Railroad pro- perty. whether or not caused or contributed to by the presence or operation of Railroad trains, engines, cars or other equipment. structures or facilities of Railroad or any other party, or by negligence or alleged negligence on the part of any of Railroad's agents. employees. contractors, subcontractors or invitees. In the event any part of the provisions of this section are determined by any statutory enactment or judicial decision to be void or unenforceable, then this section shall not fail in its entirety but will be enforceable to the extent permitted by law. For the purposes of this section. the term "Railroad" shall include any other railroad company using Railroad property with Railroad's consent and any affiliate. subsidiary or lessor of Railroad. .6211. C.S. 7345 Sheet No. 2 of 2 REV. 6-81 4. Prior to the start of work or occupancy of premises under this agreement, Contractor agrees to procure and maintain, at its sole cost and expense, the following kinds of insurance with an insurer or insurers and form satisfactory to Railroad: Comprehensive general and automobile liability insurance with contractual liability endorsement and products and completed operations hazards included, which shall provide coverage for limits of not less than $2,000,000 bodily injury liability and property damage liability, combined single limits. Contractor agrees to furnish Railroad with a certificate of insurance to which will be attached an endorsement, the form of which is included as a separate part of this agreement, marked Exhibit "A". Liability of Contractor under Section 3 hereof shall not be limited to coverage provided under said insurance policies. 5. Contractor shall deposit with Railroad the sum of $ 3 00.00 per day for the estimated number of days contractor will occupy railroad's premises. Dollars (3 iSoo— ) representing the estimated expense to be incurred by Railroad in connection with said work. If there is no amount indicated in the blank space provided above for the deposit to be made by Contractor, in lieu bf such deposit Contractor shall cause the attached surety bond to be executed by a reliable surety acceptable to Rail- road, condition upon the faithful performance of the provisions of this agreement. 6. The permission herein given shall not be assigned by Contractor without the prior written consent of Railroad, except in the case of subcontractors who shall be deemed agents of Contractor subject to the terms of this agreement. 7. No vehicular crossing over Railroad's track shall be installed or used by Contractor without prior written permission of Railroad. 8. No work shall be done between the hours of 6:00 p.m. and 6:00 a.m., nor on Saturdays, Sundays or legal holidays without prior written permission of Railroad. 9. At request of Railroad, Contractor shall remove from Railroad premises any employee of Contractor or any subcontractor who fails to conform to the instructions of Railroad's representative in connection with work on Railroad premises, and any right of Contractor to enter upon Railroad premises shall be suspended until such request of Railroad is met. Contractor shall indemnify Railroad against any claim arising from the removal of any such employee from Railroad premises. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first above written. Southern Pacific Transportation Company RAILROAD By (TITLE)Off i ce Engineer CONTRACTOR Breton Construction, Inc. By (TITLE) Approved as to Form General Counsel September 15, 1980 LS Kaiser Document Aug" # 172492 DU W I o Q4 s, C.S. 7345-B REV. 5-82 COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY ENDORSEMENT Attached to certificate of insurance for and hereby certified to be part of the following policy or policies having the following expiration dates: Policy No. Company Providing Policy Expiration Date The scope of the insurance afforded by the policy(ies) designated in the attached certificate is not less than that which is afforded by the Insurance Service Organizations or other "Standard Provisions" forms in use by the insurance company in the territory in which coverage is afforded. Such Policy(ies) provide for or are hereby amended to provide for the following: 1. The named insured is 2 ("Railroad")* is included as an additional insured with respect to liability arising out of the hazards or operations under ALL AGREEMENTS entered into between the named insured and Railroad, whether or not liability is at- tributable to negligence of the named insured or Railroad. In the event it is intended that this endorsement is ap- plicable to only one agreement, the agreement is described as follows: The insurance provided hereunder applies as though separate policies are in effect for both the named insured and Railroad. 3. The limits of liability under the policy(ies) are not less than those shown on the certificate to which this endorse- ment is attached. 4. Cancellation or material reduction of this coverage will not be effective until thirty (30) days following written notice to: Address By registered or certified mail 5. Contractual liability coverage for liability assumed by this insured under said agreement or agreements with Railroad. 6. This insurance is primary and insurer is not entitled to any contribution from insurance in effect for Railroad. 7. All policy or endorsement limitations relating specifically to operations on or near railroad property are eliminated. 8. Broad Form Property Damage endorsement. 9. So-called X, C and U (or similar) limitations are no? effective as respects operations by or for the named insured on or adjacent to Railroad's property. 10. In the event of reduction or exhaustion of the applicable aggregate limit or limits of liability under the primary policy or policies referred to in the attached certificate of insurance solely by reason of losses paid thereunder on ac- count of occurrences during the policy period, the excess policy, if any, referred to herein shall (i) in the event of reduction, apply as excess of the reduced limit of liability thereunder; and (ii) in the event of exhaustion, continue in force as though it were primary insurance. The term "Railroad" includes successors, assigns and affiliated companies of Railroad and affiliates thereof, and other railroad company operating upon or over Railroad's tracks with Railroad's permission, and the officers, employees and agents of any of the foregoing. Insurance Company Date• , 19 By Signature of Authorized Representative Investment Building Group Real Estate Investment and Development (213) 613-1000 September 7, 1988 Mr. Edgar Cassasola Engineering Services Department City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: Sewer Permit Fee Dahlia Street, Fontana Dear Edgar, Enclosed please find a check in the amount of $4,330.17 representing the sewer permit and street improvement fee for our improvement project within Dahlia Street. It is my understanding that upon receipt of this fee, we can pull our sewer permit and commence construction. I would appreciate it if you could forward an executed copy of the land agreement to me as soon as it is signed by the appropriate city official. Thanks again for your assistance through this project. Best regards, Kim B. Snyder KBS:jv Enclosure ?S : t W /SP,e4:' �Jt12St nI 515 S. Flower Street • Suite 970 • Los Angeles, California 90071 MEMORANDUM TO: FROM: .SUBJECT: DATE: ity of Fontana CALIFORNIA City Clerk Bob M. Porter, Deputy Public Works Director Transmittal of Land Development Agreement September 6, 1988 Attached for filing, are the following: 1. Land Development Agreement for Sewer Improvements on Dahlia Street. 2. Copy of •Signature Card and Passbook for account 001- 685-278 at Security Pacific National Bank in lieu of bonds. BMP:do Attachments Investment Building Group Real Estate Investment and Development . (213) 613-1000 Ms. Doris A. Morris Finance Director City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: Land Development Agreement and Sewer Improvement Bonding IBG Dahlia Associates (DR87-200) Dear Ms. Morris, September 2, 1988 Enclosed please find a signature card and passbook for account number 001-685-278 established at Security Pacific National Bank as a bond equivalent and security pursuant to that certain land agreement dated September 1, 1988 by and between IBG Dahlia Associates and the City of Fontana. You will note from the attached documentation that we are installing sewer improvements on Dahlia Street associated with our development project at 13101 Dahlia Street, also known as DR87- 200. Enclosed are the two original land development agreements and the associated documents. Upon execution of the originals, kindly forward an original back to me for our central files. I will collect the signed signature card as soon as it is available. I appreciate your continued cooperation and assistance. Very truly yours, Kim B. Snyder KBS:jv Enclosures / cc: Edgar Casasola t! Engineering Services Dept. 515 S. Flower Street • Suite 970 • Los Angeles, California 90071 TO: SECURITY PACIFIC NATIONAL BANK Date: 9-2-88 This account shall be governed by applicable banking laws, customs,and Clearing House regulations and by the rules printed in the bank book, and shall be subject to the service charge schedule of the Bank. is the sole owner The undersigned ( are all of the general partners of the business known as or Joint Venturers IBG Dahlia Associates under which name the bank account represented by this signature card is maintained. The undersigned hereby authorize 1. Jack M. Langson OR Kim B. Snyder 2. Doris A. Morris , whose signatures appear on the reverse hereof, any two acting together to make withdrawals (one, two, etc.) (alone, togethw) - from said account and to endorse for encashment checks and other items payable to or belonging to said business. If this is a checking account, the Bank is requested to prepare and dispose of statements and cancelled checks monthly as instructed below. We assume all risk of loss in transit of any statement or check. STATEMENT INSTRUCTIONS 20 D/IRLIA 14 The Bank is hereby instructed to: MAIL to the statement mailing LX address shown on reverse side. F�SJftP e EufQqr PTE dY; 1+•IYEVIYIA OLD . a. of P,LEnL '• 18Y 'JAc c. ►+1. trim SO , A^tu'tS. ( HOLD UNTIL CALLED FOR —If not called for within ten (10) days after preparation, the Bank may forward the statement and cancelled ❑ checks by ordinary mail, bank messenger, or other reasonable means to the statement mail- ing address shown on reverse side. DORIS A. ►'►eLOi,2t51 FINgNCE Die. coy/ OF FONiAAIA =�gi 2j,�` N etc(',(�,�`,✓^�`,�� v r . • r-r. • a i�, nts, ............ /��.' k� f Office 0fir2: �/�. L f 1• " " /,.1,p� 1• SECURITY PACIFIC NATIONAL BANK D T NT.BY 1 + WITHDRAWN DEPOSITED BALANCE Via' f-v * ar7te ....... SUBDIVISION GUARANTEE FOR LABOR AND MATERIALS WHEREAS, the City Council of the City of Fontana, State of California, and , hereinafter designated as "principal" have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as projectsewer Imp. for Dahlia St. , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fontana to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, and also pursuant to Article I of Chapter 28, Fontana City Code, and any amendments thereto, for the installation or construction of: Off —site sewer improvements for Dahlia Street per Drawing No. 1545 NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Fontana and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Fifty —Two Thousand Eight Hundred Fifty and nn/ton dollars ($52,850.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sam in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in sucessfully enforcing such obligations, to be awarded and fixed by the court, and to be razed as costs and to to be included in the judgment therein rendered. It is hereby expressly stipulated and agreeed that this bond shall more be the benefit of any and all persons, companies, and corporations entitled to title claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of 'the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void otherwise it shall be and remain in full force and . effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, it does hereby waive notice of they such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on , 19 Note: Signatures of those executing for the surety must be properly acknowledged (Seal) (Seal) (Seal) SURETY BY: SUBDIVISION GUARANTEE FOW-FAITHFUL PERFORMANCE WHEREAS, the City Council of the City of Fontana, State of California. and hereinafter designated as Tprincipal" have entered into an agreement whereby principal agrees to install and complete certain designated public improvements which said agreement, dated 19 , and identified as project SawPr Tmn_ for Dahlia S is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE. we the principal and , as surety, are held and firmly bound unto the City of Fontana, hereinafter called the City, in the penal sum of yJfty-Two ThongAnrt Vier dollars (S 52,850.00 ) lawful, money of the United States, for chi payment of which sum well and truly to be made, we bind ourselves, our heirs. successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants. conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified. and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City. its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, pursuant to "Subdivision Map Act", Title 7 (commencing with Section 66410). Division 2 of the Government Code of the State of California and any amendments thereto, and also pursuant to Article I of Chapter 28, Fontana City Code, and any amendments thereto, for chi installation or construction of: Off -site sewer 'improvements for Dahlia Street per Drawing No. 1545 As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, insurred by the City in successfully enforcin such obligation, all to be taxed as costs end included in any judgment rendered. The surety hereby stipulates and agrees that noOchange, extension bo performedtime. m alteration or addition to the terms of the agreemt thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond. and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on , 19 • (Seal) Principal (seal; • Surety Note: Signatures of those executing for the Surety must be properly acknowledged. • EOSD REQUIREth::TS - For S LIM r J h1 P raps TOTAL BC;:D AMOUNTMyiuY� sTiar,Lr Dr'VI Ot•ISy$ I0c)10it) -- SANITARY SEWERS 8" V.C.P. 0 i L.F. 9 82 %2O°' 4" V.C.P. L.F. 6 c.-. 2: LF Manholes Each 2 000°Lt °% Dro. Manhole Each • • • Cleanouts Each `ID0 °° — 00 Remodel Existin. Manholes JAcx/Nv 5rtl1 c Vctstie Ae, CLAES ISO C.J.P. / I I Each Li: L.r. 70 °= Z 8 0 D— y0.°_ `HO t:. ERMITS /00,001 fitp y,29D*3%1,539 = y2997Ly0.17 c ,BY V=-__ Check ...i Date = / : -• 1 Sub -Total Total W) 330 tT OS)(AO USE FOR BONDING PURPOSES LAND DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Fontana, hereinafter called City and hereinafter called Land Developer. WITNESSETH: WHEREAS, it is the intention of the Land Developer to improve a certain parcel or parcels of land in the City of Fontana described as Sewer. Improvements on Dahlia Street. and, WHEREAS, the City Council of the City has approved and adopted certain rules and regulations governing the developing of land in the City and the posting of bonds guaranteeing the installation of necessary permanent improvements as set forth in Article 8 of Chapter 8 of the Fontana City Code, and WHEREAS, said City Code specifically sets forth the requirements for the installation of necessary improvements affecting the land development. NOW, THEREFORE, the City and the Land Developer mutually agree as follows: The Land Developer will construct or cause to be constructedteat his own cost and expense all necessary permanent improvements on str es�ns aiutijigg his property as specifically described and shown on Drawing No.1545 & hith was approved by the City Engineer and filed in his office on August, 1988 , and in accordance with applicable provisions of the Standard Specifications and Standard Details of the City of Fontana in effect on the date of this Agreement. The work shall be done under the supervision of and to the satisfaction of the City Engineer. The estimated cost of said work and improvements. is the sum of One Hundred Five Thousand Seven Hundred and no/100 . Dollars . A surety bond for Faithful Performance in the penal sum of the estimated cost of said work and improvement shall be properly executed in favor of and delivered to the City as a part of this Agreement. In lieu of a surety bond the Land Developer may deposit money or negotiable securities with the City as provided in Article 8 of Chapter 8 of the Fontana City Code. The Land Developer agrees to complete all work called for under this contract within 60 days from date hereof. If the work called for under this contract is not finished and completed in all respects within the specified time period, the City Council shall have the right in its discretion to extend the time. If the work is not completed within the specified time period, because of acts of God, the public enemy, the City or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Land Developer shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay provided the City Engineer is notified in writing of the cause of the delay within ten days from the beginning of such delay. If an extension of time is granted it shall in no way affect the validity of this contract or release the surety on the bonds attached hereto. It is further expressly agreed that the Land Developer will procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. IN WITNESS WHEREOF, the parties to t'r.aec present3 have hereunto set their hands the year and date first above written. CITY OF FONTANA ' By LAND DEVELOPER EXHIBIT "A" E02:D REQUIREMENTS - FOR SEWER IMPROVEMENTS ON DAHLIA STREET DRW. NO. 1545 TOTAL BCND At0 UJT $105.700.00 SANITARY SEWERS 8" V.C.P. 2,068 L.F. S 4n 00 SA2 77n nn 4" V.C.P. L.F. 6" V.C.P. 28 35.00 980.00 Manholes 7 Each 2.000.00 14.000.On Drop Manhole Each Cleanouts 1 Each 400.00 400.00 Remodel Existing Manholes Each Jacking & Steel Encasing 40 L.F. 70.00 2.800.00 8" Class 150 C,I.P. 11 L.F. 40.00 440.00' PERMITS 100.001 & up 4.290 + 3%. 1.339 - 4.290 + 40.17 BY Y P. Check E.I.C. Date 8/17/88 4.330.17 Sub -Total $105,670,17 Total USE FOR BONDING PURPOSES $1,05.700.00 Investment Building Group Real Estate Investment and Development (213) 613-1000 September 13, 1988 Mr. Edgar Casasola Engineering Services City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: Sewer Permit Dahlia Street Bore Dear Edgar: Enclosed please find a copy of the Contractor'sRight of Entry Agreement for the Dahlia Street sewer line installation. A check has already been forwarded in the amount of $1,500 to Southern Pacific Transportation Company. We anticipate receipt of the executed copy by the end of this week. As soon as it is available, I will forward it to you for your files. Please note that we will not proceed with the work until this execution copy is forwarded to you. Thank you for your continued assistance. Feel free to call me if you have any questions. /plk Enclosure Best regards, Kim B. Snyder 515 S. Flower Street • Suite 970 • . Los Angeles, California 90071 1 • Southern Pacific Transportation Company 610 SOUTH MAIN STREET, LOS ANGELES, CALIFORNIA 90014 (213) 629-6133 October 26, 1988 Breton Construction, Inc. #2 Corporate Park Irvine, Ca. 92714 IN File: LS Kaiser Enclosed is a fully executed counterpart of: ( }License agreement dated .and assigned lease audit number ( )Supplemental Agreement to Lease Audit No. dated () Contractor's Right of Entry, dated 8/1/88 'and assigned Document Audit No. TO 172492 • This agreement cover 8" Sewer Line in Dahlia Street (A Public Street) at Mile Post B-528.4-C ,Railroad Station of Kaiser Receipt of Check No. 1055 dated 8/5/88 in the amount of $1,500.00 to cover license/inspection fee is hereby acknowledged. Again, please give at least five (5) working days notice prior to making installation or doing work on Railroad Property to Southern Pacific Transportation Company at Los Angeles by telephoning (213) 629-6035 so an inspector may arrange to be present to protect Railroad operations, making reference to the above file and date of this letter. Yours Very Truly, G.R. Fetty, Division Superintendent BY: James D. Gusky cc: Mr. S. Jackovich, SPT Co., - San Francisco with copy of above for recording as appropriate. • Approved as to form by General Counsel n .May 1, 1973COPN ESE CIS 10E . L OCUMENT AUDIT. NcLl)ay9a CONTRACTOR'S RIGHT OF ENTRY Form C.S. 7345 Sheet No. 1 of 2 ZIjig Zgttelitelit, dated August 1, , 19 $$ , by and between Southern Pacific Transportation Company ,a corporation, herein called "Railroad", and Breton Construction, Inc. #2 -Corpora-te Park- , herein called "Contractor"; Irvine, CA 92714 iritneggetfj: 1. For the period not to cxtend beyond November 1 , 19 $$ Railroad hereby permits Contractor to enter upon the property of Railroad in the vicinity of Kaiser MP B- 528. I+ C as may he necessary in connection with work to be performed on Railroad premises by Contractor under agreement with City of Fontana ,and for no other purpose. _'. Contractor agrees to (a) Perform that portion of the work on Railroad premises in accordance with plans and specifications approved by Railroad in such manner and at such times as shall not endanger or interfere with Railroad's operations and in ac- cordance with the regulations of Railroad and instructions of Railroad's representative. Contractor shall submit to RaiI- road for approval all construction details, falsework and other incidentals not detailed in plans, insofar as they affect Railroad. (b) Maintain, at Contractor's expense. competent flagmen to protect and control movement of vehicles and equip- ment of Contractor while upon Railroad premises. (c) Notify Railroad at least five (5) working days before commencing work on Railroad premises and within five (5) working days after such work is completed (d) Keep all equipment, tools and materials stored at least fifteen (15) feet from the center line of any operable track. Explosives or other highly inflammable substances will not be stored on Railroad premises without the prior approval of Railroad's representative. (e) Remove all of Contractor's tools, equipment and materials from Railroad premises promptly upon completion of work. restoring Railroad premises to the same state and condition as wilco Contractor entered thereon. (t) Reimburse Railroad for all cost and expense incurred by Railroad in connection with said work, including without limitation the expense of furnishing such inspectors. watchmen and flagmen as Railroad deems necessary, the installation and removal of falsework beneath tracks, and restoration of Railroad's property to the same condition as when Contractor entered thereon. or to a condition satisfact&ry to Railroad's representative. (g) Remove any lien against Railroad's property arising from performance of work hereunder by Contractor or any subcontractor. 3. Contractor agrees to release, defend and indemnify Railroad from and against all Toss, damage, claims, costs, expenses and liability for bodily injury to or death of any persons and loss of or damage to any property and loss of use thereof (including but not limited to employees. subcontractors, agents. invitees and the property of each party hereto) arising out of or in any way connected with the work under said agreement upon or adjacent to Railroad pro- perty. whether or not caused or contributed to by the presence or operation of Railroad trains, engines, cars or other equipment. structures or facilities of Railroad or any other party, or by negligence or alleged negligence on the part of any of Railroad's agents, employees, contractors, subcontractors or invitees. in the event any part of the provisions of this section are determined by any statutory enactment or judicial decision to be void or unenforceable, then this section shall not fail in its entirety but will be enforceable to the extent permitted by law. For the purposes of this section, the term "Railroad" shall include any other railroad company using Railroad property with Railroad's consent and any affiliate. subsidiary or lessor of Railroad. C.S. 7345 Sheet No. 2 of 2 REV. 6-81 4. Prior to the start of work or occupancy of premises under this agreement, Contractor agrees to procure and maintain, at its sole cost and expense, the following kinds of insurance with an insurer or insurers and form satisfactory. to Railroad: Comprehensive general and automobile liability insurance with contractual liability endorsement and products and completed operations hazards included, which shall provide coverage for limits of not less than$2,000,000 bodily injury liability and property damage liability, combined single limits. Contractor agrees to furnish Railroad with a certificate of insurance to which will be attached an endorsement, the form of which is included as a separate part of this agreement, marked Exhibit "A" . Liability of Contractor under Section 3 hereof shall not be limited to coverage provided under said insurance policies. 5. Contractor shall deposit with Railroad the sum of $ 3 00.00 per day for the estimated number of days contractor will occupy railroad's premises. Dollars ($ /Soo— ) representing the estimated expense to be incurred by Railroad in connection with said work. If there is no amount indicated in the blank space provided above for the deposit to be made by Contractor, in lieu bf such deposit Contractor shall cause the attached surety bond to be executed by a reliable surety acceptable to Rail- road, condition upon the faithful performance of the provisions of this agreement. 6. The permission herein given shall not be assigned by Contractor without the prior written consent of Railroad, except in the case of subcontractors who shall be deemed agents of Contractor subject to the terms of this agreement. 7. No vehicular crossing over Railroad's track shall be installed or used by Contractor without prior written permission of Railroad. 8. No work shall be done between the hours of 6:00 p.m. and 6:00 a.m., nor on Saturdays, Sundays or legal holidays without prior written permission of Railroad. 9. At request of Railroad, Contractor shall remove from Railroad premises any employee of Contractor or any subcontractor who fails to conform to the instructions of Railroad's representative in connection with work on Railroad premises, and any right of Contractor to enter upon Railroad premises shall be suspended until such request of Railroad is met. Contractor shall indemnify Railroad against any claim arising from the removal of any such employee from Railroad premises. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first above written. Southern Pacific Transportation Company RAILROAD By CO By (TITLE)Office En neer TOR reto Construction, Inc. (TITLE) P /Vizt4� - Investment Building Group Real Estate Investment and Development (213) 613-1000 • Mr. Edgar Cassasola Engineering Services Department City of Fontana 8353 Sierra Avenue Fontana, CA October 12, 1988 Re: Dahlia Street Sewer Contractor's bore and jack Insurance Dear Edgar, As you may have gathered, the contractor for the 13101 Dahlia Street job has postponed the sewer work in order to coordinate utility trenching with Southern California Edison Company, Southern California Gas Company, the Fontana Water Company. As a result, the sewer main installation within Dahlia Street. will not commence for approximately seven days. However, I am enclosing a copy of the contractor's insurance provisions required by Southern Pacific Railroad Company in my previous letter transmittal to you. We will retain copies of all permits, letters of insurance, and licenses at the job trailer located on our construction site at the corner of Jasmine and Dahlia Streets. Further, we will be having a pre -construction meeting with the public works inspector prior to the commencement of the work. If there is any change in our plans, I will be sure to let you know. Thank you for your continued cooperation. Best regards, Kim B. Snyder KBS:jv Enclosure cc: John DeLotell 515 S. Flower Street • Suite 970 • Los Angeles, California 90071 MAR 21 '89 8:52 PAGE.©©3 November 3, 1988 WAVED ti.R �; ji � rdN^ " File :R$tsp -3- NOV 7 1988 HEAP. LEASE WA ENGINEERING INSPECTION REQUEST FOR DATE OF3 --W RAIL STATION:_Ksiser I„fp B•528.4-C NATURE OF INSTALLATIaN: 1. Overhead communication line,�r� 2. Underground conduit_______ 3. Pipeline^ • Stoxm Drain. 4. Other 8" Sewer line in Dahlia Streey (A Public Street) 5. ENG7REEMG FIRM OR CONTRACTOR: Breton Construction Inc. # 2 Corporate Park Irvine, Ca. 92714 - (R) File SE 390 (714) 823-6451 Attncunents: SPTCO. T:' D. GUSKX, SENIOR LEASE CLERK (213) 62 —6133 V Investment Building Group Real Estate Investment and Development (213) 613-1000 Mr. Edgar Cassasola Engineering Services Agency City'of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: DR87-200 13101 Dahlia Street, Fontana'. Railroad Right of Entry November 8, 1988 Dear Edgar/Fef( 'C. At long last I am enclosing the contractor's right of entry and permit from the railroad for the sewer boring underneath the drill track on Dahlia Street. Sorry for the delay in forwarding this to you. If you have any questions regarding the permit or this project, feel free to contact me. KBS:jv Enclosure Best regards, Kim B. Snyder 515 S. Flower Street • Suite 970 • Los Angeles, California 90071 L Investment Building Group Real Estate Investment and Development (213) 613-1000 January 19, 1989 Mr. Edgar Cassasola Engineering Services Agency City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: DR87-200 13101 Dahlia Street, Fontana Request for Bond Release and Sewer Acceptance Dear Mr. Cassasola, At the suggestion of Mr. Harry Childress, I am writing this letter to formally request that the City of Fontana accept our sewer improvement project within Dahlia Street, and thereafter, release the sewer improvement bonds in the amount of $105,700 held at Security Pacific National Bank in account #001-685278. Upon acceptance of the sewer and release of the bonds, kindly forward the attached letter in order for us to close out this bonding account. I appreciate your assistance. KBS:jv Enclosures Best regards, 515 S. Flower Street • Suite 1640 • Los Angeles, California 90071 (213) 613-1000 Investment Building Group Real Estate Investment and Development January 19, 1989 Security Pacific National Bank c/o Mr. Kim Snyder IBG Dahlia Associates 515 S. Flower Street Suite 1640 Los Angeles, CA 90071 Re: Account Closing and Final Withdrawal Account #001-685278 IBG Dahlia Associates Gentlemen: This is to request that the funds held in the above referenced account be withdrawn in their entirety and that the proceeds from the account be returned to IBG Dahlia Associates upon receipt of this letter. The account was established in lieu of an improvement bond to insure the completion of certain improvements outlined within a land development agreement between IBG Dahlia Associates and the City of Fontana. All conditions and provisions of the agreement have been fulfilled and we hereby acknowledge that the work was done under the supervision of and to the satisfaction of the city engineer of the City of Fontana. Thank you for your cooperation. IBG Dahlia Associates, a California General Partnership By: 20 Dahlia Partnership, a California Limited Partnership General Partner By: By: Doris A. Morris Kim B. nyder, eral Partner Finance Director City of Fontana 8353 Sierra Avenue Fontana, CA 92335 515 S. Flower Street • Suite 1640 • Los Angeles, California 90071 LAND DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this First September , 19 8B , by and between the City of Fontana, hereinafter called City and IBC DAHLIA ASSOCIATES hereinafter called Land Developer. WITNESSETH: day of WHEREAS, it is the intention of the Land Developer to improve a certain parcel or parcels of land in the City of Fontana described as Sewer Improvements on Dahlia Street. and, WHEREAS, the City Council of the City has approved and adopted certain rules and regulations governing the developing of land in the City and the posting of bonds guaranteeing the installation of necessary permanent improvements as set forth in Article 8 of Chapter 8 of the Fontana City Code, and WHEREAS, said City Code specifically sets forth the requirements for the installation of necessary improvements affecting the land development. NOW, THEREFORE, the City and the Land Developer mutually agree as follows: The Land Developer will construct or cause to be constructed at his own cost and expense all necessary permanent improvements on stretsiba�ut,F»g his property as specifically described and shown on Drawing No 1545 6 phi h was approved by the City Engineer and filed in his office on August, 1988 , and in accordance with applicable provisions of the Standard Specifications and Standard Details of the City of Fontana in effect on the date of this Agreement. The work shall be done under the supervision of and to the satisfaction of the City Engineer. The estimated cost of said work and improvements. is the sum of One Hundred Five Thousand Seven Hundred and no/100------Dollare A surety bond for Faithful Performance in the penal sum of the estimated cost of said work and improvement shall be properly executed in favor of and delivered to the City as a part of this Agreement. In lieu of a surety bond the Land Developer may deposit money or negotiable securities with the City as provided in Article 8 of Chapter 8 of the Fontana City Code. Land Developer;. elects to deposit money at Security Pacific National Bank. The Land Developer agrees to complete all work called for under this contract from date hereof. within 60 days If the work called for under this contract is not finished and completed in all respects within the specified time period, the City Council shall have the right in its discretion to extend the time. If the work is not completed within the specified time period, because of acts of Cod, the public enemy, the City or because of fire, flood, epidemic, • quarantine restrictions, strikes or freight embargoes, the Land Developer shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay provided the City Engineer is notified in writing of the cause of the delay within ten days from the beginning of such delay. If an extension of time is granted it shall in no way affect the validity of this contract or release the surety on the bonds attached hereto. It is further expressly agreed that the Land Developer will procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of, the work. IN WITNESS WHEREOF, the parties iu iaese presents have hereunto set their hands the year and date first above written. IBG Dahlia Associates, a CITY OF F NTANA California General Partnership by: 20 pahlia Partnership, a California Limited Partnership General Partner by: Investment Building Group,a LAND DEVELOPER California Corporation, n. Partner by: Y4724, ,2% PrP=ident , CAT, NO, NN00638 TO 1954 CA (9-84) (Corporation as a Partner of a Partnership) IA TICOR TITLE INSURANCE STATE OF CALLRNI COUNTY OF (/►0,Q��(�""' �S�,Q P�Q } �' On rl20t'1 r2cxLv " q'i` /9c? r before me, the undersigned, a Notary Public in and for said State, personally appeared s. )ate /%%, L adz s 07- personally known to me or proved to me on the basis of satisfactoryividence to be the person who executed the within instrument as the President, -arid personally known to me or proved to me on the tg bbe the person whQ expcu theto t e within is ument the LLcorporation t at eke ted the hin instrumeK behalf of f ) the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. basis of satisfactory evidence -Secretary of OFFICIAL SEAL JUDITH L SMITH -aatiait Notary Public-Californla ORANGE COUNTY ems: My Comm. Exp. Apr.11,1989 • (This area for official notarial seal) K SUBDIVISION GUARANTEE FOR'FAITHFUL PERFORMANCE WHEREAS, the City Council of the City of Fontana, State of California, and I8G Dahlia Associates , hereinafter designated as "principal" have entered into an agreement whereby principal agrees to installand complete certain designated public improvements which said agreement, dated September 1 , l9 88 , and identified as projectgpwrr Tan_ for Dahlia S is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreemarit to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and n/a ammo, are held and firmly bound unto the City of Fontana, hereinafter called the City, in the penal sum of Fiftv-Two Thn"gana Fight B„nAred r4f. and no/100 - dollars ($ 52,850.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our.heirs, successors, executors and administrators, jointly and severally, firmly by these presents. Principal elects to deposit money in lieu of a bond. The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, pursuant to "Subdivision Map Act", Title 7 (commencing with Section 66410), Division 2 of the Government Code of the State of California and any amendments thereto, and also pursuant to Article I of Chapter 28, Fontana City Code, and any amendments thereto, for the installation or construction of: Off -site sewer.': improvements for Dahlia Street per Drawing No. 1545 As a part of the obligation secured hereby and in addition to the face amount "specified therefore, there shalt be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in successfully enforcin such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the ease shall in anywise affect its obligations on this bond, and it does hereby valve notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on , 19 (Seal) Principal (seal) Note: Signatures of those executing for the Surety must be properly acknowledged. IBG Dahlia Associates, a California General Partnership by: 20 Dahlia Partnership, a California Limited Partnership, General Partner by: Investment Building Group, a California Corporation, General Partner by: i�/�i•�/ Jack M. Langson "President ` ti re CAT, NO, NN00636 TO 1954 CA (9-84) (Corporation as a Partner of a Partnership) STATE OF CALIF NIA /, COUNTY OF O,Q ( TICOR TITLE INSURANCE SS. On ,_Yet f P hJ 2I / 9 8 8, before me, Ae undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory a Bence to be the person who executed the within instrument as the President,a-nd -- personally known to me or proved to me on the basis of satisfactory evidence �t be the pe son who ex ted h within in trument as the ru�1rri..n t Y, �- , 1 the corporation tha gxec to tl;e hin instrument on Tehalf of ao /���cC� oAAh-tf� the partnership that executed the within instru ment, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Signatur Seeretary of OFFICIAL SEAL JUDITH L SMITH Notary Public -California ORANGE COUNTY My Comm. Exp. Apr. 11,1989 (This area for official notarial seal) 0 EXHIBIT "A" EO::D REOUIRE::'::TS - FOR SEWER IMPROVEMENTS ON DAHLIA STREET DRW. NO. 1545 TOTAL BC::D AMOIINT $105,700.00 SANITARY SEWERS 8" V.C.P. 2,068 L.F. S 40 n0 SR7 4" V.C.P. L.F. 77n nn 6" V.C.P. 28 35.00 980.00 Manholes 7 Each 2.000.00 14.00n.on Drop Manhole Each Cleanouts 1 Each 400.00 400.00 Remodel Existing Manholes Each Jacking & Steel Encasing • 40 L.F. 70.00 2.800.00 8" Class 150 C.I.P. 11 L.F. 40.00 440.00' • PERMITS 100.001 & up 4.290 + 3%. 1.339 - 4.290 + 40.17 By Y.P Check E.I.C. Date 8/17/88 Sub -Total Total 4.330.17 9105.670.17 • USE FOR BONDING PURPOSES suado,po K • • SUBDIVISION GUARANTEE FOR LABOR AND MATERIALS WHEREAS, the City Council of the City of Fontana, State of California, and ID Dahlia_Associates , hereinafter designated as "principal have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated September 1 , 1988 , and identified as projectSewer Imp. for Dahlia St. , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fontana to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, and also pursuant to Article I of Chapter 28, Fontana City Code, and any amendments thereto, for the installation or construction of: Off -site sewer improvements for Dahlia Street per Drawing No. 1545 NOW, THEREFORE; said principal and the undersigned as corporate surety, are held firmly bound unto the City of Fontana and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Fifty -Two Thousand Eight Hundred Fifty And nn/lnn dollars ($52,850.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sam in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in sucessfully enforcing such obligations, to be awarded and fixed by the court, and to be razed as costs and to to be included in the judgment therein rendered. It is hereby expressly stipulated and agreeed that this bond shall more be the benefit of any and all persons, companies, and corporations entitled to title claims under Title 15 (commencing with Section 3082) of Fart 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Principal elects to deposit money at Security Pacific National Bank in lieu of a bond. Should the condition of this bond be fully performed, then this obligation shall become null and void otherwise it shall be and remain in full force and effect. - The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, it does hereby waive notice of they such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on , 19 Note: Signatures of those executing for the surety must be properly acknowledged IBG Dahlia Associates, a California General Partnership by: 20 Dahlia Partnership, a California Limited Partnership General Partner by: Investment Building Group, a California orporation, General Partner by ?iX ,A5 Jack M. Langson President BY: (Seal) (Seal) (Seal) CAT, NO, NN00636 TO 1954 CA (9-84) (Corporation as a Partner of a Partnership) STATE OF CAI RNI COUNTY OF nn c t�O�O On V �Q�/y� �'�p,L.) "�" 1 � C9( befor me, the undersigned, a Notary Public in and for said State, personally appeared /. 7 , W(2,7 5 -- known to personallyme or proved to me on the basis of satisfactory evidence to be the person who executed = the within instrument as the President, and-- d4i personally known to me or proved to me on the basis of satisfactoryevidence be the person who exec a the ithi instru ent as the j ' �/ZU2�S -C'�/t /� % •i z ca— —Seeretarrof �' the corpo ion th t exec tGddh ithin ins�ru ent, on behalf of rn I )e a alLril_e� t the within instrument, and acknowledged t o me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Signature`, am (/ L ! , 5- c TICOR TITLE INSURANCE Jss. OFFICIAL SEAL JUDITH L. SMITH Notary Public -California ORANGE COUNTY My Comm. Exp. Apr. 11,1989 (This area for official notarial seal) Investment Building Group Real Estate Investment and Development (213) 613-1000 Mr. Edgar Cassasola Engineering Services Agency City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Dahlia Street Sewer Inspection/Compliance Dear Mr. Cassasola, April 6, 1989 As you may know, the Dahlia Street sewer has been completed for approximately ten weeks. An entry agreement with Southern Pacific Transportation Company was made in order to provide Breton Construction with a right of entry into the area of Dahlia Street where a drill track currently crosses the public right of way. This right of entry was necessitated in order to fulfill the sewer installation requirementsin accordance with the City of Fontana Engineering Services Agency. This is to certify that the work described in the approved improvement plans related to the rail crossing was completed per plans and specifications, and was inspected and/or verified for compliance. By our signatures below, we hereby state that the work involving the S.P. Railroad drill track was completed properly and in accordance with the Contractor's right of entry agreement. Kindly initiate the release of the sewer improvement bonds associated therewith. Thank you in advance. Very truly yours, INSPECTED AND/OR VERIFIED: Southern Pacific Transportation Company l�l b 4%15 r trc,'v t. ora WA5 M®tit Ow -114 t.•s .9¢0 BY :So t'-rFt c 74r l0,v Mr. L. A. Squires Breton Construction, Inc. �% By: G' �'� ./ �� ?� .. " // e, ohn DeLotell 5oMN L. --„,101.2 t cs i V 1 1 515 S. Flower Street • Suite 1640 • Los Angeles, California 90071 C dv APR 1 1 19PQ INVESTMENT BUILDING CM(1143 • • ..• • ... • . ‘07.•,, ,g,rigitett,._,, -k„._;„at,.• - -,t,,,,,..,,,,,.,„64,,iit.,1"ri,....„1„ 4 ,„,„ ••:•-',-,-4rN..' '''' ,:t.r•-•---‘ sr-r-.., --••••'-\,, ..,f-r,'"" ,t,%.-7.-. ,,•••••••,::.14.,„:7--•,-..k, ••.,e•-•,-,-..479-;.--•,-...--.t>.ti;•,,,ti,...;:e).N.,:ip../-4c.,,:. ;-•%.74/41,,,"*--,..:-;.-•.`,?,..s.c:'", ,-.. •• „, ?"...'biv\--......,C.,*"...-41-N- . ,'°'••-..' .N.--'' e't ''''. ..f!-•-fe. ''''..,,..."'-orf.'' ,.,...r. /...." - ...,i., '..,...V4-4,?.---,,,,•• ' --..' ' '" , Wr...j;,..Z7r4,,k!N-:.+'3;1 • '','''.:,..1 ,ii.s."..f.,-.4 ••*A. +1/4 ,.. .......,,,,,...., 4,-Or , „.4., ..,.,1*-, ' :. ''' , ' 4 •-,...;-.,. ,,,-*• `,......--- 3- -6 ...r. S. * ,, .V. * It **•;t -* * * v-a.-.,. # *eV* -e*-.14 At,* +VA- ** ..!, ** * • if 46 4.4 • *- 4* '* * -* 4 *4 '4 -4- 4 4 4 4 -,1` -4,,F •Certificate of (Occupancy CITY OF FONTANA DEPARTMENT OF BUILDING AND SAFETY I.B.G. Dahlia Associates OWNER ADDRESS This Certificate is issued pursuant to the requirements of Section 307, of the Uniform Building Code certifying that this structure complys with the City ordinances regulating its construction or use at this time for the following: PERMIT NUMBER1...1--9544 BUILDING ADDRESS 13101 Dahlia St. 515 S. Flower, #970, L.A., CA OCCUPANCY B-2 TYPE OF CONST. V-N ZONING USE OF UILDING Indust ial 3-1-89 Building & Safety Director Date POST IN A CONSPICUOUS PLACE t:t4,•*...1-zi.*:,;-!,--!i* ":•!-_-,WA4'fk-4.vt--'ft*ite • • ritne of•••0 sad, • ',yrs OSA • ;:.:••. :$: • Investment Building Group Real Estate Investment and Development (213) 613-1000 March 15, 1989 Mr. Edgar Cassasola Engineering Services Agency City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: DR87-200, 13101 Dahlia Street, Fontana Request for Bond Release Dear Mr. Cassasola, As you may know, we have completed the sewer improvement project on Dahlia Street. We have received final inspections from Harry Childress, and have received a Certificate of Occupancy a copy of which is attached. I would appreciate it if you could review the status of the improvement bond we have provided. I am enclosing a copy of a letter dated January 19, 1989 requesting a release of funds. If possible, kindly forward the attached letter with a signature from Doris Morris in order for us to close out this bonding account. I appreciate your assistance. Best regards, Z. Kim B. Snyder KBS:jv Enclosure -'. v-e.31),Att 40.te,4),,e,,tr • 515 S Flower Street • Suite 1640 • Los Angeles, California 90071 Investment Building Group Real Estate Investment and Development (213) 613-1000 Mr. Edgar Cassasola Engineering Services City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Dahlia Street Sewer Bond Release Dear Edgar, April 21, 1989 Thank you for meeting with me on Friday morning. It is my understanding that upon submittal of a resolution to the City Council for release of the bond, the sewer improvement bond we provided for Dahlia Street can be released upon acceptance at of the council meeting on May 2nd. As you may know, we are quite anxious to have the bond amount released. If there is any additional information which you might require prior to the acceptance of this resolution, feel free to call me. KBS:jv Very truly yours, Kim B. Snyder 515 S. Flower Street • Suite 1640 • Los Angeles, California 90071 AGENDA ITEM CITY COUNCIL ACTION REPORT May 2. 1989 Consent Calendar Meeting Date Agenda Placement TO: Mayor and City Council FROM: Edgar Casasola, Civil Engineering Assistant III SUBJECT: ACCEPTANCE OF DAHLIA STREET SEWER AS A PART OF THE CITY SEWER SYSTEM CURRENT ACTION REQUESTED: TO ADOPT RESOLUTION NO. 89- , ACCEPTING THE SEWERS IN DAHLIA STREET, EAST OF ETIWANDA AVENUE BETWEEN AS PART OF THE SEWER SYSTEM. FISCAL IMPACT: I I Yes IX 1 No There will be no initial cost; however, there will be ongoing maintenance cost. Also, in accordance with City Code Chapter 26-55, the developer who installed this sewer extension is entitled to reimbursement of connection charges from adjoining property owners for a period of 10 years; BACKGROUND: This sewer main is an extension to the City Master Plan System, Dahlia Street sewer main from Jasimine to , and was extended as part of a private development. All required construction has been completed in accordance with City standards and should be accepted. Accepting the sewer improvements on Dahlia Street as part of the City sewer system will authorize the release of the security passbook, less the total of any claims of which the City will have been given notice. The deposit of the passbook with the City's Finance Department was to guarantee satisfactory in- stallation of the sewer improvements. JUSTIFICATION: The construction has been completed, and the Public Works Department recommends acceptance of the sewer improvements and adoption of the attached sewer resolu- tion. ATTACHMENTS: 1. Copy of proposed resolution accepting sewers 2. Vicinity map OTHER AFFECTED DEPARTMENTS: Signature ASST. MGR. PARKS & REC. ATTORNEY PLANNING BLDG/SAFETY POLICE Signature CLERK X PUBLIC WORKS COM. DEV. RDA DEPUTY MGR. X FINANCE HUMAN RESOURCES. RISK MGMT. SPEC. PROJ. RECOMMENDED: City Manager • • RESOLUTION NO. 89- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ACCEPTING THE SEWERS IN DAHLIA STREET EAST OF ETIWANDA AVENUE BETWEEN AS A PART OF THE SEWER SYSTEM. WHEREAS, Section 26-57 of the Code of the City of Fontana provides that each addition to or extension of the sewer system shall be accepted by Resolution of the City Council; and WHEREAS, the Resolution of Acceptance shall contain the terms of any special consideration which shall apply to the sewer so accepted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana that sewer in Dahlia Street east of Etiwanda Avenue, between is hereby accepted as a part of the sewer system of this City. No special consideration shall apply for the Investment Building Group. Connection charges received by the City of Fontana for con- nection to Dahlia Avenue east of Etiwanda Avenue between (except by Investment Building Group or assigns), to amaximum of $ , to be reimbursed from Sewer Funds to Investment Building Group or assigns, within a period of ten years from date of this resolution. APPROVED AND ADOPTED this 2nd day of May, 1989. Mayor of the City of Fontana ATTEST: City Clerk I, Martha Steenbock, City Clerk of the City of Fontana, California, do hereby certify that the foregoing resolution was fully and regularly adopted by the City Council of the City of Fontana at a regular meeting thereof, held on the 2nd day of May, 1989, by the following vote, to wit: AYES: NOES: ABSENT: City Clerk of the City of Fontana APPROVED AS TO FORM: City Attorney