HomeMy WebLinkAboutPresley of Southern California - Facsile TransmittalFROM THE PRESLEY COMPANY 12.29.1992 141
P. 1
PRESLEY of SOUTHERN CALIFORNIA
15JLE TRAMSliJIJ!►L
DATE: 1 aCi
FROM:.,O _\_. c Y1
PLEASE DELIVER THE FOLLOWING PAGES TO:
NAME :,\
COMPANY:, C. ' �L l'�"�� tr to t
FAX NUMBER: 2'O
NO. OF PAGES (INCLUDING THIS PAGE):
COMMENTS:
MMEIMMENNYPOSIEWMIMMUMMMIM•00........•PP
19 Corporate Plaza • Newport Beach, California 92660
(714) 640.6400 PAX (714) 640-1643
Mailing Address: Post Office Box 6110 • Newport Beach, California 92658.6110
FROM THE PRESLEY COMPANY
•
12.29.1992 42 P. 3
iiii
December 21, 1992
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SOUTHERN CALIFORNIA DIVISION
City of Fontana
0353 Sierra Avenue
Fontana, Ca. 92335
RE: Sewer Construction across Presley property
Attention: Felipe Molinos
Dear Mr. Molinos:
As a follow up to our conversation, Milt Madole of Madole
Engineering has created a stock pile plan for excess dirt generated
from the sewer construction.
It is agreed that the dirt only generated from the construction
within Presley's property can be stock piled on Presley's property
per the stock pile plan. This is with the understanding that the
dirt stock piled on Presley's property will not contain any rocks.
Rooks are to be hauled from the subject site.
If you have any questions, please contact Milt Madole or myself.
Sincerely,
Alan D. Uman
Vice President
Engineering
cc: Milt Madole
Steve Jones
19 Corporate Plaza, Newport Beach, California 92660 S (714) 640.6400 FAX (714) 640.1643
;,c i !out Office Box 6110, Newport Beach, California 92658.6110
•
December 21, 1992
___,649pW&UJ
SOUTHERN CALIFORNIA DIVISION
City of . Fontana
8353 Sierra Avenue
Fontana, Ca. 92335
RE: Sewer Construction across Presley property
Attention: Felipe Molinos
Dear Mr. Molinos:
/04l 7 / 2 ! pi,.& eak,
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DES 2 8 1992 s4- si"lc
As a follow up to our conversation, Milt Madole of Madole
Engineering has created a stock pile plan for excess dirt generated
from the sewer construction.
It is agreed that the dirt only generated from the construction
within Presley's property can be stock piled on Presley's property
per the stock pile plan. This is with the understanding that the
dirt stock piled on Presley's property will not contain any rocks.
Rocks are to be hauled from the subject site.
If you have any questions, please contact Milt Madole or myself.
Sincerely,
Alan D. Uman
Vice President
Engineering
cc: Milt Madole
Steve Jones
19 Corporate Plaza, Newport Beach, California 92660 • (714) 640-6400 FAX (714) 640-1643
Post Office Box-6110, Newport Beach, California 92658-6110
9�
City of Fontana r ®/19
CALIFORNIA
December 22, 1992
Mr. Alan D. Uman
Vice President of Planning and Engineering
PRESLEY OF SOUTHERN CALIFORNIA
P.O. Box 6110
Newport Beach, California 92658-6110
RE: Almeria sewer project. , Excess dirt material to be stockpiled on area of TR 12314.
Dear Mr. Uman:
Given the high percentage of rocky material encountered during the intallation of, sewer and
storm drain facilities just to the north of Tract 12314, in the Highland Haven project (sieve
analysis and soils testing recommendations adjoint), the procedure for trench backfilling above
the DIM zone consisted in using the native material excepting cobbles bigger than 12 inches
in diameter.
Per internal communication with Building and Safety Division, native material up to and
including rocks of 12 inches in diameter can be stockpiled in the designated stockpile area for
future use and incorporation in the grading operations of Tract 12314.
Please respond via fax/mail, if this is acceptable, to incorporate the 12 inches limitation in the
bid package being finalized. City Fax (909)350-6618.
Please contact the undersigned, at (909) 350-6641, if you need any additional information.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
Felipe Molinos
Principal Civil Engineer/Capital Improvements
cc: City Engineer
Senior Plan Check Engineer/Building and Safety Division
Plan Checker (BB) /Building. and Safety Division
/ 2 v 22/92
FM:fm 19 At/ iU ?y/LJA-N ThEstE7
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8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7600
SISTER CITY - KAMLOOPS, B.C. CANADA
i.
Converse Consultants
Inland Empire
. Mr, Jim Cravats
• J. F. Davidson Associates, Inc.
3300 Shelby Street, Suite 100
iRaecho Cucamonga, California 91730
Subject: . RESULTS OF SIEVE ANALYSIS AND
RECOMMENDATIONS FOR FIELD DENSITY TESTING
Tract No. 3348, Highland Haven Development, Phase I
Fontana, California
CCIE Project No. 92-81-458.01
and�pEngtneers
clOoiealab
10301 COrporala Orvs
Rids, CA 02v4
7Maphonr 714/7 -0644
FAX 714 706.7!7$
Po* Mr..Oravets:
his tester has been prepared to present recommendations for field density testing
based on the sieve analysis performed on a representative bulk soil sample obtained
train the trench excavation.
Attached is the result of the sieve analysis. According to the Unified Soil
Classification the backfill material is a poorly graded gravel (GP). Due to the percent
of rock retained above the 3/4-inch sieve (50 percent), field density testing Is. not
'feasible. It is our recommendation that full time observations of the backfilling
Operations be performed by CCIE field personnel to verify that sufficient compactive
effort IS being applied. These observations should be performed in conjunction with
: • moisture testing to verify that adequate water is being applied to the soils.
Should you have any questions or if we may be of further assistance, please do not
imitate to contact Mr. Eric T. Knapp or the undersigned.
litespectfully submitted,
CONVERSE CONSULTANTS INLAND EMPIRE
i
teven C. Helfrich, GE 389
rincipal Engineer/&arch Manager
4nci . Sieve Analysis Results
,EzZ'd
d Sailiday
The Ormi OM.
DOSSU NOSQ I At1Q it SS : Z T 26. 0 T lnr
UNIFIED Soa CLASSIFICATION
COBBLES
.40
20
:10'
I Rue loimut momum
GRAVEL SAND
U.S,METE SZEISID U.S. ST,MM fain Re.
3 3/4 s/e :A
.
i02.,
10 20 40 e0 140 200
SILT OR CLAY
HYDROMETER
0
20
40
60
80
PERCENT RETAINED BY WEIGHT
100
10 , r i.i... 1 10. i... . . ice 16e
GRAIN SIZE IN MILLIMETER
• $ioL 3CRfl! . D(!LT DESCRIPTION
Q Olt 1 0-2 Poorly eroded Oravel (OP)
GRAIN SIZE DISTRIBUTION
Fontana
.R. Dowidoon
Project No.
92-81-458-01
•Cojnvrerse Consultants Inland Empire
Figure No. 2-1
fh.d DOSSid 4OSQIA0U Jr 9S:2I 26. 0T lilt
MADOLE&ASSOCIPTES,INC
No.7148350612 Dec
2 16:29 No.006 P.01
MADOLE AND ASSOCIATES, INC.
Consulting Civil Engineering,
Land Planning and Surveying
1820 EAST SIXTEENTH STREET SANTA ANA, CALIFORNIA 92701 (714) 835-2548
FAX # 714- 8 3 5- 0 612
FAX COVER SHEET /T 9
DATE; ( 2/
TO: /-c /fG ehOft/OS,
FROM: kl/ tedS r,
Fewignivoiit
MADOLE AND ASSOCIATES, INC.
SUBJECT & 77v 3% Aew '- ordiwiec vein_.
TOTAL NUMBER OF PAGES BEING SENT ? CINCLUDES THIS PAGE)
on ,4-48frivemvemeii at P7E ,/ W '-
IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CALL BACK
AS SOON AS POSSIBLE TO OFFICE SENDING INFORMATION.
THANK YOU
MADOLE8ASSOCIATES,INC 0 No.7148350612
Dec 41/92 16:29 No.006 P.02
ur
• MADOLE AND ASSOCIATES, INC.
Consulting Civil Engineering,
Lend Planning and Surveying
1820 EAST SIXTEENTH STREET SANTA ANA CAUF0RNIA 82701 (714) 835-2548 FAX (714) 835.0812
R E Q O R D MEMORANDUM
MEETING/CONFERENCE ,TELEPHONE CONFERENCE /:/5 JAM
wmi: f UPt mat-iivoS
G°/7�►!4,9F Favoi/N,q
NOTES;
DATE: !1-- g's=- JOB NO.14140?
SUBJECT: T/2 /3/ .
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MADOLE&ASSOCIATES,INC TONo.7148350612 Dec 1
2 10:2? No.002 P.01
ur
MADOLE AND ASSOCIATES, INC.
Consulting Civil Engineering,
Land Planning end Surveying
1820 EAST SIXTEENTH STREET SANTA ANA, CALIFORNIA 92701
FAX COVER SHEET
(714) 835.2548
FAX # 714-835;3612
fds�.-ram
DATE; j2-18-112-
To: rE.UPt, 1c LI 1os, Crry or I= TAL
FROM JD' (' 1J-}L[`,��J1'' 'i MADOLE AND ASSOCIATES, INC.
SUBJECT* 1 IA! t Lip 12.5 1 ,GAF.
TOTAL NUMBER OF PAGES BEING SENT 9, (INCLUDES THIS PAGE)
-X1-#iferr 51-fOvt kies1
IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CALL BACK
AS SOON AS POSSIBLE TO OFFICE SENDING INFORMATION.
THANK YOU
o= AL- LIMA -a
City of Fontana
CALIFORNIA
December 17, 1992
Stephen Deitsch, Esquire
Best, Best & Krieger
800 N. Haven Avenue, Suite 120
Ontario, CA 91702
RE: Sewer Reimbursement Agreement
(071-7243) Tracts 12314 and 10800
Dear Steve:
Please find enclosed the review comments from the undersigned on the
revised sewer reimbursement agreement that was prepared by Ms. Carla K.
Ryhal, attorney for Presley of Southern California. This document was
received on December 10, 1992.
While staff agrees that the overall layout with table of contents
improves the organization of this document, the indemnification and
insurance sections are primarily beneficial to the developer and a
review by City Risk Management should be incorporated into this
document's review. This review by Risk Management will be coordinated
by engineering staff and their response provided to your office
shortly.
Should these sections prove untenable, and there be substantial delays
in both parties resolving this issue, then staff should complete the
Almeria Avenue right of way acquisition and modify the bid documents to
dispose of the surplus evacuated material elsewhere, thereby not
imposing any risk to any properties owned by Presley of Southern
California. The cost of completing eminent domain andhauling the
surplus sewer line excavation material to other legal sites of disposal
while eligiblecosts to the Sewer Capital Improvement Fund should only
be incurred if the counsels for both parties cannot come to a quick
resolution of these issues.
8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7600
SISTER CITY- KAMLOOPS, B.C. CANADA
410 Mr. Stephen Deitsch
December 14, 1992
Page Two
Please call at 909-350-7613 if you or your staff have any questions.
Very truly yours,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
Robert W. Weddle, P.E.
City Engineer
RWW:sh
Enclosure
cc: Community Development Director
Redevelopment Project Coordinator (MP)
Principal Engineer/Capital Improvements
Principal Engineer/Land Development
SENT BY:COw CASTLEBNICHOLSO' 12-10-82 ;10:34AM
•
213277780 3505810;# 1
COX, CASTLE & NICHOLSON_
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Pau Phase Manber 9 0_
To:
lilC Name: City or Fontana
Location: Fontana .
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Phalle Mather fir Vs iaattop.• 909//50 76pQ..._
Prom: Carla, K. Ryhal
Secretary: Kar___ry rat
Re Number: 23000
Total Number of pages seat — Including covets sheet 1.431
URGENT L_.__a PLEASE REVIEW AND RESPOI XO
(State)
W.P. Operator at. 422 Tone Sent
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IF YOU DO NOT RECEIVE ALL PAS. ff.Z4SB ADVISE A. S4.P.
TNIS NEURON IS INTENDED ONLY FOR TEE UEU OFTEN INDIVIDUAL OR ENTITY TOWNS H IT 1S AaONu, ANEW CONTAIN
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NOTIFIED TEAT ANY DISSEMINATION• DISTAIRITIOI OR COPYING OF TEIS COMEIICATION IS STRICTLY PROEIUTIA. IF YOU
NAVE RECEIVED THIS COMJNICATJOI IN INRGR, PLEA! NOTIFY EIS INNURIATILY EY TILIPNOO AND RETURN TIE ORIGINAL
MESSAGE TO US AT THE ABOVE AROUSE VIA TEE U.S. POSTAL SERVICE. TUNE VON.
SENT BY:C0XICASTLEBNICHOLS0!'12-10-92 ;10:35AM ;
213277710
350661E;# 2
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December 10,.1992
oZA-TaLEOPI
Robert W. Weddle, P.E.
City Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92334
Re: Sever Reimbursement Agreement
(071-7]431 a tp , ?314 End 10
Dear Mr. Weddle:
I61LAI0 1L CAME
Ooalsopeal
OIAMeC COUMTY O1f100
1a*00 1MCARf/1M11 00KVA10
RUR! 6044
MISC. CAUrORMIA 007.+4ta
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Lam 2.1.31O
OYR PU.1 NOI
23000
WRRai OR1ID0? DIAL Nuwo0R
310/284-2283 •
In accordance with our telephone conversation last
week, enclosed please find a revised draft of the proposed Master
Plan Sever System Reimbursement Agreement for your review. The
enclosed agreement is based on the draft you subeitted to
Mr. Steven Jones on September 14, 1992; the revisions that haw
bean made are largely organizational'so the document is easier to
understand and reflects that the City will be constructing the
project.
providing As you requested, by copy of this letter we are
g Stephen Dietsch with a copy of the draft agreement
for his simultaneous review.
In the interest of time, we are providing this draft to
you before our client has had the opportunity to review it, so it
may be subject to further changes.
For your information, a revised draft of the Detention
Basin ReimburseMeht Agreement has been submitted tolls. Maggie
Pacheco and Mr. Dietsah today, also.
caVIIALz ama
SENT BY:COX1CASTLE&NICHOLSONW12-10-92 ;10:35AM ;
21327771111 35055104 3
Robert W. Weddle, P.B.
December 10, 1992
Page 2
If you have any questions or comments regarding the
enclosed ag
reement, please feel free to call either Stew, Jonas
or myself. We look forward to receiving your gents on the
enclosed and finalising the agreement as soon as possible. In
advance, thank you for your cooperation in this matter.
Vaz truly yours,
OA& JVJ‘Cil
Carla K. Ryhal
CBii/klh
Incl.
cot Stephen P. Distsoh, Esq. (via telescopy wimples)
SENT BY:COX,CASTLEBNICHOLSO 12-10-82 ;10:36AM ; 21327770 - 3506616;# 4
MASTER PLAN SENER SYSTEM
REIMBURSEMENT AGREEMENT
between
CITY OF FONTANA,
a municipal corporation
and
PRESLEY OF SOUTHERN CALIFORNIA,
a California corporation
SENT OY:COX CASTLE&NICHOLS0•12-1O-92 ;10:38AM ; 213277750 35O58184 5
TABLa or rnxTmn•R
1. Design of the Project
1.1 Design
1.2 Indemnity for Design
1.3 Design Costs
ESSER
3
3
3
2. Construction of the Project
2.1 Award of Contract 4
2.2 Indemnity for Contract Award 4
2.3 Failure to Construct 4
2.4 Segment 3 •
4
5
3. Terme of Reimbursement S
3.1 Allocation of Coats • 5
3.2 Estimated Costs 5
3.3 Progress Reports and Billing 6
3.4 submittal of Itemized Bill 6
3.5 Approval of Costs 6
3.6 Payment 6
4. oamerrehip of and Responsibility for Completed Project 7
5. Indemnification, Insuranoe.and Security 7
5.1 Indemnification 7
5.2 Insurance 7
5.3 Bonds
10
6. Surplus mcoavated Earth Material 11
7. Termination
12
8. .Notice
12
9. Term
. . . . 12
10. Attorneys' Pees 13
11. Entire Agreement 13
12. Assignment 13
13. Dedication of Easements 13
14. No Third Party Beneficiaries 14
15. No Joint Venture or Partnership 14
onYWAL OOu7U13o3
-i-
SENT 8Y:COACASTLE&NICHOLS0.12-10-82 ;10:07AM ;
21027778 0505518;# 8
MUM PUN Um BUM MalmUltallima 24MAIMENT
This Master Plan Sewer System Reimbursement Agreement (the
"Agreement") is made and entered into this — day of
199, by and between the CITY OF FONTANA ("City"), a municipal
corporation, and PRESLEY OF SOUTHERN cAu=FORNIA ("Developer"), a
• California corporation.
This Agreement is entered into based upon the following facts,
understandings and intentions of the parties;
A. WHEREAS, Developer owns certain real property known as
Tract No. 12314 and Tract No. 10800 (collectively, the "Tracts"),
located within City; and
B. WHEREAS, City as a part of the Master Plan of Sewers
System Capital Improvement Program has planned and budgeted the
construction of the Baseline Sewer from the current terminus of the
Master Plan of sewers System at the intersection of Baseline Avenue
at Beech Avenue, as depicted on Exhibit "A" (the "Project"); and
C. WHEREAS, the Project consists of three segments as
delineated on Exhibit "A", as follows: Segment 1 is within Baseline
Avenue from the intersection of Baseline Avenue and Beech Avenue to
the intersection of Baseline Avenue and Almeria Avsnns ("8sqm.nt 1");
Segment 2 is within Almeria Avenue from the intersection of Almeria
CZRYTIAL23C00701103
-1-
tv
SENT BY:COX, CASTLE8NICHOLS0012-10-82 ;10:37AN ;
2132777 3505618;8 7
Avenue and Baseline Avenue to the intersection of Aria Avenue and ✓
Walnut Avenue ("Segment 2"); and Segment 3 is within Baseline Avenue
from the intersection of Baseline Avenue and Almeria Avenue to the
eastern boundary of Tract No. 12314 (wSegment 3"); and
D. WBBREAs, City proposes at this time to construct Segment
1 and Segment 2 of the Project in order to provide Master Plan of
Sewers System facilities to that. neighborhood immediately north of
the Tracts, known as Tract No. 3348 ("Highland/Haven"), and will
construct Segment 3 at a later time; and
B. WHERBA8, Segment 2 of the Project is located within the
Tracts; and
3'. WHERAA8, Developer as a part of the development of the V
Tracts is required to construct ,a standard local sewer system with
pipe of up to eight inches (8").in diameter within the Tracts; and
G. WH$REAS, Developer and City recognize that it is in their
mutual interest to coordinate the design, construction and
installation of the Project to serve the City's Master Plan of Sewers
System and the Tracts so as to efficiently implement City's overall
Masr Plan of Sewers System and to avoid duplication of facilities;
and
H. WHBREAB, Section 26 At faa. of the Fontana
Municipal Code authorizes City to pay for sewer pipe greater than
eight inches (8") in inside diameter and appurtenant structures of a
SENT EY:COw CASTLENNICHOLS0.12-10-92 ;10:36AM ; 21327776E 3b06616;# 6
sire and/or construction greater than that minimally required of a
standard local sewer system; and
_ • WHNIWAS, the parties desire City to construct the Project
and subsequently be reimbursed by Developer for the portion of cost
of Segment 2 that Developer would otherwise have incurred
constructing a standard local Bayer system within the Tracts.
NOW, THEREPoRE, in consideration of the mutual covenants
contained herein, City and Developer hereby agree as follows*
1.t Of us Pro jpct.
1.1 Design. Developer has designed, and City has approved /
the design of, Segments 1, 2 and 3.
1.2 Indemnity/ for Design. To the extent of any warranty or
guarantee by Developer's consultant that designed Segments 1, 2 and
3, Developer shall defend, indemnify and hold City free and harmless
from any and all claims, actions or liability whatsoever, including
without limitation attorney's lees, arising out of or in connection
with the design of Segments 1, 3 and 3.
1.3 Damian Costs. City acknowledges and agrees that
Developer has submitted an itemised bill and supporting documentation
evidencing that it has expended $39,454.00 in designing Segments 1,
aonr1uLbaoo7maw
SENT BY:COw CASTLEBNICHOLS0.12-10-82 ;10:38AM
2132777 3508818;# 9
2 and 3. This amount shall be credited against Developer's
reimbursement -to City pursuant to Article 3 hereof.
2.
2.1 ward of Contract. City shall contract for the
construction of Segments 1 and 2 of the Project within a reasonable
period of time following execution of this agreement. City shall be
solely responsible for seouring appropriate bids and awarding the
contract for. construction of the Project in compliance with all
applicable federal, state and local laws.
2.2 Indemnity for Contract award. City shall defend,
indemnify, and hold Developer free and haraiess from any and all
claims, actions or liability whatsoever, including without limitation
attorney's fees, arising out of or in connection with City's securing
of bids and award and performance of the construction of sewer
Segments 1, 2 and 3.
2.3 . In the unlikely event that City
fails to construct Segments 1 and 2 of the Project before such sewers
are necessary for Developer's development of the Tracts, Developer
shall have the right, but not the obligation, to either (a) construct
Segments 1 and 2 of the Project and obtain reimbursement from City in
accordance with the allocation of costs set forth in Section 3.1 o*r
(b) construct at its own cost such local severs necessary for the
Tracts._
veybc,
ct 1-•
oar
aer.nuoozao�or -4-
0
SENT BY:COX, CASTLEBNICHOLS0.12-10-82 ;10;38AN ;
2132777. 3506618;M10
2.4 .. city may contract for the construction of `-/
Segment 3 at -such later time as it determines.
3. Iatlialarseatelit.
3.1 Allocation of Coate. Developer shall reimburse City for
the cost of designing, constructing and engineering Segment 2 with
pipe of sight inches (80) in diameter. City shall bear the cost of
constructing segment 2 with pipe in excess of eight inches (8N) in
diameter. As sot forth on Exhibit NB," attached hereto, based upon
the ratio that the estiaated'cost of constructing segment 2 with pipei
of eight inches (80) in diameter bears to the estimated cost of
constructing segment 2 as designed as a Master Plan of Severs System
Facility, Developer's share of the reimbursable costs is 43.3% and
City's share of the reimbursable costs is 56.78. Developer shall not
be required to reimburse City for any portion of the cost of
constructing Segments 1 or 3.
3.2 Zatlinatteglzgita. Reimbursable costs shall be limited to
costs directly and necessarily related to designing, constructing and
engineering Segment 2 of the project, excluding the costs of
acquiring necessary land and easements, administrative expenses,
borrowed funds, insurance and bonding. As set forth on Exhibit NB"
attached hereto, Developer's and City's engineershave estimated the
total costs of designing, constructing and engineering Segment 2 as
8253,750.00.
C71>nA LI0007aas+s
SENT BY:COf4 CASTLEINICHOLS01012-10-92 ;10:40AN ;
21327770 - 3506616S411
3.3 =sprees RODorts and Billing. City will require progress
reports and -billings every thirty (30) days.from the contractor
performing construction of Segments 1 and 2 of the Project. Upon
receipt of such progress reports and billings, City shall be solely
responsible for determining their accuracy.
3.4 lulattitia_o Z Bill. Within thirty (30) days
after completion and acceptance of segments 1 and? of the Project,
City shall provide Developer with an itemised bill showing all costs
and fees incurred by City to construct segment 2 of the Project (the
"cost bill"). City agrees to provide Developer with evidence that
all related invoices have been paid. City also agrees to provide
Developer with any additional information as to any items shown on
the cost bill as may be requested by Developer.
3•5 aorayalaudatts. within thirty (30) days after receipt
of the cost bill and any additional information, Developer shall
advise. City in writing of any fees or costs shown on the cost bill
that Developer will disallow and the reason why these items are being f
disallowed by Developer. Only those construction costs approved)1
by a'"
Developer will be allowed for reimbursement in accordance with this lf
Agreement', provided, however, that Developer shall not unreasonably
disallow any costs.
3.6 Payment. Developer shall pay to City Developer's share
of the approved reimbursable costs of Segment 2, less $39,454.00
credit for Developer's design costs, within thirty (30) days
following the recording of the notice of completion of Segments 1 and
YYBAL2 000701,10!
•
-6-
)
SENT 9Y:COXICASTLE&NICHOL30. 12-10-82 ;10:40AM ; 213277710 3508818;#12
G,r' $
2 or prior to issuance of the first ildi
� permit for Tract No.q
12314, whichever event occurs last. If Developer fails to pay its/
share within such time, the highest legal rate of interest shall
begin to accrue.
4' ility
ownership of the Project shall belong exclusively 'to City and
Developer shall not be responsible for the maintenance and upkeep of
the Project.
5. Indemnificatipn. IDsurpnce and 'Security
5.1 ianniligAtign. City shall defend, indemnify and hold
Developer, its officers, employees and agents free and harmless from
any and all liability from loss, damage or injury to or death of
persons or property in any manner arising out of or incident to
City's performance of this Agreement, including without limitation
all consequential damages and attorney's fess, whether or not
resulting from the negligence of City or City's agents. This
indemnity shall extend to any claims arising because City has tailed
to secure any necessary easement, land right, contract, and approval,
but shall not extend to any claim to the extent that it arises out of
the sole negligence of Developer.
5•2 Ind. City shall obtain, at its own cost, a policy
or policies of liability insurance of the type and in the amounts
described below and -in a fora and substance satisfactory to
Developer. Such policies signed by a. person authorised by the
L7R EAL?J0007ouv3
-7-
SENT BY:COX CASTLE&NICHOLS0 12-10-92 ►10:41AW
213277791111 - 3508818;#13
insurer to.bind coverage on its behalf must be filed with Developer
prior to performing any construction work on the Project. With the
exception of coverage for worker's compensation, Developer, its
officers, employees and agents shall be added as insured on all
policies required under this Agreement. City's insurance coverage
shall be primary' insurance as respects Developer, its officers,
employees and agents. Any insurance or self-insurance maintained by
Developer, its officers, employees and agents shall be in excess of
City's insurance and shall not contribute to it.
5.2.1 Prior to commencing any construction work
hereunder, City shall provide certificates of insurance with original
endorsements, and copies of policies, if requested, of the following
insurance with Bests' Class B or better carrier admitted to and
authorized to issue insurance in the State of California:
a. Worker's Compensation Insurance covering all
employees and principals of City, in at
least the minimum amount as required by
state lav, effective under the laws of the -
State of California.
b. Commercial General Liability Insurance
covering third party liability risks,
including contractual liability, in a
minimum amount of $i million combined single
limit per occurrence for bodily injury,
personal injury, and property damage. If
aaYBAL190ooWOO 3
101.
SENT 0Y;COXICASTLE&NICHOLS00;12-10-92 ;10:41AN ; 21327779
3506616;N14
commercial general liability insurance or
other form with a general aggregate limit is
used, either the general aggregate shall
apply separately to the Project or .the
general limit shall be twice the occurrence
limit.
c. Commercial Auto Liability and Property
Insurance covering any owned. and rented
vehicles of City in the minimum amount of $1
million combined single limit per accident
for bodily injury and property demagog.
5.2.2 Said policy or policies shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, or reduced in coverage or in limits except after thirty
(30) days prior notice has been given in writing to Developer. City
shall give to Developer prompt and timely notice of any claim made or
suit instituted arising out of City's operations hereunder. City
shall also procure and maintain, at its own expense, any additional
kinds and amounts of insurance which in its own judgment may be
necessary for its proper protection in the prosecution of the work.
5.2.3 City shall include all contractors and
subcontractors as insured under its policies or shall- furnish to
Developer separate certificates and endorsements for each contractor
or subcontractor prior to commencing any work on the Project. All
flOYXAL730007uLe1
-9-
SENT BY:COX, CASTLE&NICHOLS01112-10-82 ;10:44AM ;
213277710
3506616;* 2
coverage for such contractors and subcontractors shall conform with.
the insurance requirements stated herein.
5.3 Bojgm. City's contract with ,its contractor to construct
the Project shall require City's contractor to provide .City
Payment Bond and a Performance Bond each in an with a
amount equal to the
total contract amount for the Project to be constructed in accordance
with this Agreement to guarantees (1) that contractor and its
subcontractors of every tier will pay all amounts owed. to
subcontractors, material suppliers, workers and equipment renters
and, (2) that contractor will perform all obligations under this
Agreement. The bonds shall be furnished
by a surety company
satisfactory to Developer on forms acceptable to Developer, and shall
name city and Developer jointly as obligees. A surety company, to be
acceptable to the Developer, must be authorized to do business and
have an agent for service of process in California. Developer sus
also be satisfied that the surety company has sufficient assets and -
net worth to honor the Payment Bond and Performance Bond.
If at any time, a surety on such bond is declared a bankrupt,
loses its right to do business in the State of California for any
reason, or is removed from the list of surety companies accepted on
Federal bonds, City's contract with its contractor shall require the
contractor within thirty (30) days after notice from Developer, to
•
substitute acceptable bonds in such form and sum and signed by such
other surety or sureties as may be satisfactory to Developer,
Developer's sole discretion. All premiums on any performance or
mlnrmu.29000/on08e -10—
SENT 8Y:00x1 CASTLEINICHOLS0S12-10-82 ;10:45AM ;
21327770
3508818;# 3
payment bonds required by this Agreement shall be
paid solely by City
. or its contractor.
City's contract with its contractor shall provide that in the
event of termination or cancellation of any insurance or security
required by the Contract, the contractor shall have fifteen (1S)
Calendar days following receipt of written notice from either City or
Developer to provide replacement insurance or security which
satisfies the requirements of the contract; and that failure to
provide such replacement insurance or se
curity shall constitute a
material breach of the contract and shall entitle City to make
alternative arrangements for completion of
performance. A duplicate
copy of the fifteen (13) day written notice shall be provided to the
other party to this Agreement.
6.
$Nrnlus Excavaed Eart ateria . Developer acknowledge. City
will deliver surplus excavated earth material from the Tracts due to
construction of Segment 2 of the Project to j and will deposit it,
uncompacted, at the location within Tract No. 12314 depicted on
Exhibit "cot
— In excavating, delivering and
depositing the surplus excavated earth material, City shall comply
with applicable federal, state and local laws. City shall defend,
indemnify and hold Developer harmless from any and all liability from
loss, damagesor injury to or death of
Persons or property in any
manner arising out of or incident to said delivery and deposit of the
surplus excavated earth material onto Developer's property, including
without limitation all consequential damages and attornney's fees,
whether or not resulting from the negligence of City or City/s agents
exrtira
-11-
SENT 9Y:COX, CASTLEBNICHOLS0S12-10-82 ;10:45AM
2132777E11
3508618;# 4
or contractors. City's liability extends only to the delivery and -
deposit of the surplus excavated ea
rth material. Such material shall
become the property of Developer upon completion of work.
7.
innalinatun.In the event that either
party defaults in the
.performance of any of its obligations under this Agreement, or
materially breaches
any of the provisions of this
Agreemetat; the
other party shall have the option to terminate this Agreement upon
written notice to the defaulting' party.
8. Notice. All notices
permitted or required under this
Agreement shall be deemed saps when delivered to the applicable
partys representative as provided in this Agreement. such, notices
shall be mailed or otherwise delivered to the addresses set forth
below, or at such other addresses as the respective parties may
provide in writing for this purpose:
City Developer
ty Manager Presley of Southern California '
City
of Fontana 19 Corporate Plaza
P. 0. Box B18 Newport Beach
2660
Fontana, CA 92334-0158 Attention:► CA ones
Steven Jotter
Such notice shall be deemed made when personally delivered or when
mailed, forty -sight (48) hours after deposit in the U.S. Mail, first
alass postage, prepaid and addressed to the party at its applicable
address.
9. lam. This Agreement shall have a texts which
mires ten (10)
years from and after the date of its execution.
-12-
SENT BY;COX, CASTLEMNICHOLS0012-10-92 ;10:45AM ;
2132777e
3500510;# 5
l0. Aterarnue_ftga. In the event
any action is commenced to
enforce or_ interpret any term or condition of this Agreement, in .
addition to costs and any other relief, the prevailing
entitled to reasonable attorneys' fees. party shall be
11. a �Qrrsw�non�
--o-m�._ _ This Agreement contains the entire
Agreement of the parties hereto with respect to the matters contained
herein, and supersedes all negotiations, prior discussions and
preliminary agreements or understandings, written or oral. No waiver
or modification of this agreement shall be binding unless consented
to by both parties in writing.
12. ainumatukt. Develop
er shall have the right to assign
Developer's rights and obligations under this Agreement in connection
with the concurrent sale, assignment, ground lease, encumbrance or
other transfer of all or any portion of the Tracts. `
shall
transfer and assignment, DeveloperDin such 'J
be relieved of and from
further liability or responsibility under thins Agreement.
13. Dadicatign of Basement'.1s Within fifteen (15) days following
the date of this Agreement or the date of
that certain Detention
Basin Reimbursement Agreement between Developer and the Fontana.
Redevelopment Agency, wh chever occurs later,
Developer shall
dedicate a sewer easement for Segment 2 to City and shall prepare and
record deeds describing said dedication with the County Recorder and
shall promptly furnish copies of said recorded deeds to City.
•
-13-
kn
SENT 6Y:CO)4 CASTLEBNICHOLS0012-10-92 ;10:46AN ;
2132777.
3506616;# 6
14.- 112...ThiXd_IREIX-12nagAciertse.
This Agreement is made and
entered into for the sole protection and benefit of the parties and
their successors and assigns. No other person shall have any right
of action based upon any provision of this Agreement.
1S • NorToint V t+1ra wr i L
City and Developer hereby
renounce the existence of any form of joint venture or Partnership
between the and agree that nothing contained herein- shall be
construed an making City and Developer joint venturers or partners.
>BFORB, this Agreement, is executed this __ day of
199 —�-
READ AN
D
AS TO LEGAL �
Car' Ae op or
Stephen P. Deitsch
City Attorney
Greg tiulsizer
Community Development Director
Jennifer Vaughn 8Iaks y
Compliance Officer
hobert Gra iaa
Risk Management
C/CIMIAL maoo 70203
-14-
SENT BY:COX,CASTLE&NICHOLS0011012-10-82 ;10:47AN ; 2132777+r 3506018;N 7
CITY OF FONTANA,
a municipal corporation
Jay . Corey
city Manager
Notary
PRESLEY OF SOUTHERN CALIFORNIA
Name
414.11
dor
a
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srrnnrt S. $ .shoo ari_i. oat tuwats Juaai to
ems. ,r..ww
Ngonst !s a1w.as. Avalon Mrlloo IMnsmo•
sw■- t 7s walls Minos ow& aia.oria Avant
to aunt ro.weozy of Tome Is. 3:114
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•
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if
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SEGMENT 2
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rgasi„iiiir Irrril;�i1ti.);;;itt 1,0th/111092
• A M! OK •
•� ice- 7 tT.tr
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•
.I
i
SENT @Y:COX,CASTLEBNICHOLS
I
• q
11-11.
I
SENT B :COX, CASTLENNICHOLS•;12-10-82 ►1O:48AM
2132774/
35O0010:N1O
I-
:AISxT p!M
Estimated Total Project costs
Segment 1: Design Engineering
construction Cost
Construction Engineering
Segment 21
Segment 3:
$ 17,053 (1)
2338` g (2)
%$439,196'
Developer Share 0% -0-
City Share 100% $439,196
Design Engineering $• 19,320 (1)
Construction Cost $213,430 .(2)
Construction Engineering
MA
$253,780
Developer Share 43.34
City Share 56.7E
Design Engineering
Construction Cost
Construction Engineering
$109,874 (3)
$143,876 (3)
$ 3,081 (1)
$ 69,267 (2)
$ 7,Q0Q
$ 79,348
Developer Share 08 -0-
City Share 1008 $ 79,348
Design Costs advanced by Developer as of July 1, 1993
Segment 1 $ 17,053
Segment 2 $ 19,320 Segment 3
$ 39,454
Estimated Reimbursement
Developer's Share
leas prepaid design costs $109,874
8-70,
?uture estimate due 4
$ 70,420
0
(1) Design costs advanced by Developer.
(2) See Exhibit 3-1.
(3) Ratio that Developer responsibility for construction cost
bears to the construction cost of Sit 2, as set forth on
Exhibit b-1.
•
FAX
COMMUNICATIONS
FROM FAX NO. [909] 350- 6618
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FROM: rEL-/P M 7 - l/vo S'
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MESSAGE: 42!,14 % / f�LL�%S� ,4X /1E 7&-1/
/p/LoV4-z_ p9v 4
-37p c A/7/LC TG/^' 12 3 /2f /F / S /S
FAX CHARGE IS: $3.00 1ST PAGE (EXCLUDING COVER SHEET) $1.50 THEREAFTER.
PLEASE MAKE CHECK PAYABLE TO CITY OF FONTANA IN THE AMOUNT OF
AND MAIL TO: CITY OF FONTANA, P.O.BOX 518, FONTANA,CA. 92334
FROM:
name company / firm
address phone no.
NOTE: PLEASE RETURN THIS COVER SHEET WITH PAYMENT
(ACC.N0.010-0316-2300)
JAN. 1992 SKY -
City of Fontana
CALIFORNIA
December 22, 1992
Mr. Alan D. Uman
Vice President of Planning and Engineering
PRESLEY OF SOUTHERN CALIFORNIA
P.O. Box 6110
Newport Beach, California 92658-611.0
RE: Almeria sewer project. Excess dirt material to be stockpiled on area of TR 12314.
Dear Mr. Uman:
Given the high percentage of rocky material encountered during the intallation of sewer and
storm drain facilities just to the north of Tract 12314, in the Highland Haven project (sieve
analysis and soils testing recommendations adjoint), the procedure for trench backfilling above
the pipe zone consisted in using the native material excepting cobbles bigger than 12 inches
in diameter.
Per internal communication with Building and Safety Division, native material up to and
including rocks of 12 inches in diameter can be stockpiled in the designated stockpile area for
future use, and incorporation in the grading operations of Tract 12314.
Please respond via fax/mail, if this is acceptable, to incorporate the 12 inches limitation in the
bid package being finalized.. City Fax (909)350-6618.
Please contact the undersigned, at (909) 350-6641, if you need any additional information.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
. /,-;44"
Felipe Molinos
Principal Civil Engineer/Capital Improvements
cc: City Engineer
Senior Plan Check Engineer/Building and Safety Division
Plan Checker (BB) /Building and Safety Division
FM:fm
8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7600
SISTER CITY — KAMLOOPS, B.C. CANADA
Igr
•
4
.
I.
Converse Consultants
Inland Empire
Catalano Engineers
fld amelaghas
1°301 CelPseees 000
!Redlands, CA ram
%%hon. 714 I 7964144
FAX 714 71/13-71175
: • .
• ifJulpf 9, 1992
. ili4rb Jim Orevets
. • J. F. Davidson Associates, Inc.
3350 Shelby Street, Suite 100
Rancho Cucarnonga, California 91730
'Subject: RESULTS OF SIEVE ANALYSIS AND
RECOMMENDATIONS FOR FIELD DENSITY TESTING
Tract No. 3348, Highland Haven Development, Phase I
Fontana, California
CCIE Project No. 92-81-458-01
Peer Mr. Oravets:
4rbiii letter hes been prepared to present recommendations for field density testing
• baled on the sieve analysis performed on a representative bulk soil sample obtained
•
! •
• frolin the trench excavation.
•
1 :
ilkttached is the result of the sieve analysis. According to the Unified Soil
Classification the backfill material is a poorly graded gravel (GP). Due to the percent
• of rock retained above the 3/4-inch sieve (50 percent), field density testing is not
•'feasible. It is our recommendation that full time observations of the backfilling
• operations be performed by CCIE field personnel to verify that sufficient compactive
effort is being applied. These observations should be performed in conjunction with
Moisture testing to verify that adequate water is being applied to the soils.
Should you have any questions or if we may be of further assistance, please do not
ilesitate to contact Mr. Eric T. Knapp or the undersigned.
fespectfully submitted.
CONVERSE CONSULTANTS INLAND EMPIRE
:Wren C. Helfrich, GE 389
rincipal Engineer/8ranch Manager
find: Sieve Analysis Results
'd
• WW1 Owrisci idtdidimy
TA* Cetworse Piolissionw Grow
DOSSU NOSCIAUC ir&S:2T 264.01 inr
C3
a
leo
40
COBBLES
UND SOU. CLASSIFICATION
GRAVEL
Q.S. gra saz I
20
U.S. STANDARD sIM a..
10 20 40 00 140 200
SAND
L 5 :maul meow
3 8/4 3/8 :A
•
SILT OR CLAY
0
20
40
so
-- 80
10'
rnT.
10a
f 10 I 104
GRAIN SIZE ix WU.IMETER
• artiii1301. EORII% D(tL � .. DESCRIPTION
•Q Dik 1 0-2 Poorly Graded Gravel (OP)
100
16'
GRAIN SIZE DISTRIBUTION
Fontana Project No.
Daaids�oaR 92-81-458-01
Colnvrerse Consultants Inland Empire
Figure No. 13-1
4
DOSS NOSCIAde Jt 9S:2T 26. 0T lilt
LAW OFFICES OFdi
EST, BEST & KRIEGE►P
December 14, 1992
MEMORANDUM
TO: Robert W. Weddle, P.E.
City Engineer
FROM: City Attorney
RE: Property Acquisition Status
The purpose of this memorandum is to provide you with our monthly
update on the, various real: -property and -right-of-way acquisition
matters being coordinated or handled by our office on behalf. of : the
City of Fontana or the Fontana- Redevelopment Agency.: We encourage
your questions and would be pleased to discuss any, of these matters
with you or membersof your staff in greater detail.
Auto Mall Property Acquisition #17529.0005
The real property appraisals were to be completed by November 13,
1992. However, they have been delayed due to problems encountered
by the appraisers in coordinating inspections of the properties and
because of scheduling conflicts. We have been told that the
appraisals should be completed by December 23, 1992. -
Baseline -Almeria Trunk Line/Highland-Haven Project (North Fontana)
1117529.0010
On November 17, 1992, the City Council adopted a resolution of
necessity to acquire by eminent domain an underground sewer
easement from Presley Homes of Southern California needed to
complete construction of the Baseline -Almeria Trunk Sewer Project.
Presley has indicated that it will dedicate the requested easement
to- the City, but only after certain other issues concerning
development of Tract. No. 12314 have been resolved.. Staff is
working with ,Presley. to resolve those 'issues in the hope: that it
will not benecessary to proceed with the condemnation action to
acquire the easement. -
LMH143744
LAW OFFICES OF
'BEST, BEST & KRIEG
In the meantime, the appraisal of the easement has been completed,
forming the basis for the City to make a deposit to secure an order
for prejudgment possession if it becomes necessary to proceed by
eminent domain.
Empire Center Street Improvement Project #16498.0306
The Shakarian escrow is ready to close. Escrow is awaiting closing
funds as requested from the City on November 20, 1992. Staff is
processing the necessary paperwork to obtain the funds for closing.
Escrow is awaiting documents from Five Star Santa Anita Investment
Group. Once those documents are received, escrow will be in a
position to close.
Rosemead Properties has answered the complaint in eminent domain
and makes no claim against the City, other than for "just
compensation" to be paid for the easement being acquired from its
property. There has been no further activity with respect to this
matter.
On November 17, 1992, the City Council adopted a resolution of
necessity to acquire an easement from property located at the
southwest corner of Sierra and Jurupa Avenues by eminent domain.
Since that time, representatives of the property owners have told
Staff that they will cooperate with the City in dedicating the
requested easement. We are preparing the necessary agreement and
easement deed.
Fire Station No. 78 #17529.0010 (North Fontana)
We are reviewing the two appraisals of the proposed #1.65-acre fire
station site. In the meantime, appraisals of the additional
rights -of -way needed for construction of roadway improvements for
this project are in process.
On January 5, 1993, a public hearing will be held to authorize the
expenditure of tax increment funds for construction of the fire
station site.
I-10 Channel to Valley Boulevard Storm Drain #16498.0172
The appraisal of the underground storm drain easements to be
acquired from the Lemme property has been completed and is being
presented to the City Council for approval on December 15, 1992.
A mitigated negative declaration for this project has been prepared
by Staff, who must now take the necessary steps for approval and
adoption by the City Council.
Staff has been instructed by our office on the procedure for
submitting the storm drain plans, to the County of San Bernardino
Planning Commission for review as required by California Government
Code section 65402.
LMH143T44
SIT BY:CO)G CASTLE&NICHOLSO!�;12-10-82 :10:34AM
213277711
3508618;# 1
COX, CASTLE & NICHOLSON
Date: _ 12/1Q/92
A minim ocumum
PionsuaNK
AT2Oli
TiiUT-EIaRN FLOOR
204P SEIM PARK EAST
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TELFPEORE Qio) 271'-4222
MI (3Y0) 277-7889
ZAZiRaffiffriALSZIENT
e. —MILL am
Fax Phone Number. ___122aur
Ann/Company Name C ty a1• Fo a
Zocation, Fontana A
( ') (State)
Phone Number , for Ve/icotlons 409135Q o
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File Number: 23000
Total Number of pages sent --including cover sheet 23
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•
SENT BY:COxICASTLE&NICHULS' ;12-10-92 ;10:35AM ; 2132777 3508818;# 2
P10LUp R MCMOLOON'
LAWRDIet TEPUN
RONALO I. ar.ves RN'
MARIO CAMARA
OkOROC A GNAWS. II
JUMN H, KUML
ARTMUR 0, KRAVL0IN0 JR
Jetv,Rv LA/OTA
DAIRO A LGP00OR
JOMN R. MLL2111, R.
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IRA 1 WALDMAN
JONM P, NM.ROLION
CNARLES L NONCNAN
MILUAM roman
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SMRY R JADLON
JCPPRer 0. MASTERS
ROIKRT O. INPOLi!
IOWAUD a OMRLIY
RRADLyT D. PRAbCN
TAMAR C. ITRIN
[DM0 L RRONSTON
CAROL M. LIFLAND
DOUOLAO P. SNwain
JOIN R. OAURLi Jr
GARP A OL1CN
LORA LCO MOORE
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Robert W. Weddle, P.E.
City Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92334
PACOIMILI (3107 077-7001I
December 10, 1992
Re: Sewer Reimbursement Agreement
�D71-7?43J Trees 1331E a 1 10 0
Dear Mr. Weddle:
RICMARD N. CASTLE
OOSMOOe
DeeNscyIL cat
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JANES R AARNKTT
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310/284-2283
In accordance with our telephone conversation last
week, enclosed please find a revised draft of the proposed Master
Plan Sewer System Reimbursement Agreement for your review. The
enclosed agreement is based on the draft you submitted to
Mr. Steven Jones on September 14, 1992; the revisions that have
been made are largely organizational so the document is easier to
understand and reflects that the City will be constructing the
project.
As you requested, by copy of this letter we are
providing Mr. Stephen Dietsch with a copy of the draft. agreement
for his simultaneous review.
In the interest of time, we are providing this draft to
you before our client has had the opportunity to review it, so it
may be subject to further Changes.
For your information, a revised draft of the Detention
Basin Reimbursement Agreement has been submitted to Me. Maggie
Pacheco and Mr. Dietsch today, also.
SENT 8Y:COx,CASTLE&NICHOLS•;12-10-82 ;10:35AM ; 2132777110 3506618;# 3
Robert W. Weddle, P.B.
December 10, 1992
Paqe 2
If you have any questions or comments regarding the
enclosed agreement, please feel free to call either Steve Jonas
or myself. We leak forward to receiving your comments on the
enclosed and finalising the agreement as soon as possible. In
advance, thank you for your cooperation in this matter.
Vary► truly yours,
Valtad 41\61
Carla K. Ryhal
CKR/klh
Encl.
co: Stephen P. Distsch, Esq. (via telecopy m/copies)
SENT BY:COX,CAST►E&NICHOL:• ;12-10-82 ;10;36AM ; 21327711114 3506616;a 4
MASTER PLAN SEWER SYSTEM
REIMBURSEMENT AGREEMENT
between
CITY OF FONTANA,
a municipal corporation
and
PRESLEY OF SOUTHERN CALIFORNIA,
a California corporation
SENT BY:COx,CAETLE&NICHOLS0111;12-10-82 ;10:36AM ; 213277. 350551U # 5
TABLE Q , CONTEN
1. Design of the Project
Z.1 Design 3
1.2 Indemnity for Design 3
3
1.3 Design Costa
3
2. Construction of the Project 4
2.1 Award of Contract 4
2.2 Indemnity for Contract Award 4
2.3 Failure to Construct 4
2.4 Segment 3 • 5
3. Terms of Reimbursement 5
3.1 Allocation of costs 5
3.2 Estimated Costs 5
3.3 Progress Reports and Billing 6
3.4 Submittal of Itemized Bill 6
3.5 Approval of Costs 6
3.6 Payment 6
4. Ownership of and Responsibility for Completed Project . 7
5. Indemnification, Insurance and Security 7
5.1 Indemnification 7
5.2 Insurance 7
5.3 Bonds
10
6. Surplus Excavated Earth Material 11
7. Termination
12
8. Notice
12
9. Term .
12
10. Attorneys/ Fees 13
11. Entire Agreement . . . . . 13
12. Assignment 13
13. Dedication of Easements 13
14. No Third Party Beneficiaries 14
15. No Joint venture or Partnership 14
SENT 9Y:COX CASTLE&NICHOLS•►12-10-62 ;10:37AM ; 2132777 3566616;# 6
MASTER PLAN SEWER SYSTEM REIMBURSEMENT ABRNEMENT
- This Master Plan Sewer System Reimbursement Agreement (the
"Agreement") is made and entered into this day of
199 , by and between the CITY OF FONTS"Ci " — �•
( 'tY ) , a municipal
corporation, and PRESLEY OF SOUTHERN CALIFORNIA ("Developer"), a
California corporation.
This Agreement is entered into based upon the following facts,
understandings and intentions of the parties:
A. WHEREAS, Developer owns certain real property known as
Tract No. 12314 and Tract No. 10800 (collectively, the "Tracts"),
located within City; and
B. WHEREAS, City as a part of the Master Plan of Sewers
System Capital Improvement Program has planned and budgeted the
construction of the Baseline Sewer from the current terminus ofthe
Master Plan of Sewers System at the intersection of Baseline Avenue
at Beech Avenue, as depicted on Exhibit "A" (the "Project"); and
C. WHEREAS, the Project consists of three segments as
delineated on Exhibit "A", as follows: Segment 1 is within Baseline
Avenue from the intersection of Baseline Avenue and Beech Avenue to
the intersection of Baseline Avenue and Almeria Avenue ("Segment 1");
Segment 2 is within Almeria Avenue from the intersection of Almeria
CERYNAL23010701303
SENT BY; COx,CASTLE&NICHOLS0S12-10-92 ;10;37AM ;
21327771' 3506610;6 7
Avenue and Baseline Avenue to the intersection of Almeria Avenue and
Walnut Avenue ("Segment 2"); and Segment 3 is within Baseline Avenue
from the intersection of Baseline Avenue and Almeria Avenue to the
eastern boundary of Tract No. 12314 ("Segment 3"); and
D. WHEREAS, City proposes at this time to construct Segment
1 and Segment 2 of the Project in order to provide Master Plan of
Severs System facilities to that neighborhood immediately north ,of
the Tracts, known as Tract No. 3348 ("Highland/Haven"), and will
construct Segment 3 at a later time; and
E. WHEREAS, Segment 2 of the Project is located within the
Tracts; and
1". WHEREAS, Developer as a part of the development of the V
Tracts is required to construct a standard local sewer system with
pipe of up to eight inches (8").in diameter within the Tracts; and
G. WHEREAS, Developer and City recognize that it is in their
mutual interest to coordinate the design, construction and
installation of the Project to serve the City's Master Plan of Sewers
System and the Tracts so as to efficiently implement City's overall
Master Plan of Sewers System and to avoid duplication of facilities;
and
H. WHEREAS, Section 26- sec. of the Fontana
Municipal Code authorizes City to pay for serer pipe greater than
eight inches (8") in inside diameter and appurtenant structures of a
CARYHAL230007o13o3
SENT BY:COw CASTLE&NICHOLS.;12-10-82 ;10:38AM ;
2132774, 3508610;# B
sire and/or construction greater than that minimally required of a
standard local newer system; and
I • WHmREAS, the parties desire City to construct the Project
and subsequently be reimbursed by Developer for the portion of cost
of Segment 2 that Developer would otherwise have incurred
constructing a standard local sewer system within the Tracts.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, City and Developer hereby agree as follows:
1. Design of the Project.
1.1 Desiq. Developer has designed, and City has approved e/
the design of, Segments 1, 2 and 3.
1.2 /ndemnity for Design. To the extent of any warranty or
guarantee by Developer's consultant that designed Segments 1, 2 and
3, Developer shall defend, indemnify and hold City free and harmless
from any and all claims, actions or liability whatsoever, including
without limitation attorney's fees, arising out of or in connection
with the design of segments 1, 2 and 3.
1.3 psi . City acknowledges and agrees that
Developer has submitted an itemized bill and supportingdocumentation
evidencing that it has expended $39,454.00 in designing Segments 1. ✓
OtlYHAL23=7013303
SENT 13Y:COXICASTLE&NICHOLSI;12-10-82 ;10:38AN
213277411+ 3506618:S 8
2 and 3. This amount shall be credited against Developer's
reimbursement to City pursuant to Article 3 hereof.
2. C.onstructiga of th oject.
2.1 $wa d_of Contract. City shall contract for the
construction of Segments 1 and 2 of the Project within a reasonable
period of time following execution of this Agreement. city shall be
solely responsible for securing appropriate bids and awarding the
contract for construction of the Project in compliance with all
applicable federal, state and local laws.
2.2 Indemnity f -..ontr ct . Awa City shall defend,
indemnify, and hold Developer free and harmless from any and all
claims, actions or liability whatsoever, including without limitation
attorney's fees, arising out of or in connection with City's securing
of bids and award and performance of the construction of sewer
Segments 1, 2 and 3.
2.3 FailurR to Copstruot. In the unlikely event that City
fails to construct Segments 1 and 2 of the Project before such sewers
are necessary for Developer's development of the Tracts, Developer
shall have the right, but not the obligation, to either (a) construct
Segments 1 and 2 of the Project and obtain reimbursement from City in
accordance with the allocation of costs set forth in Section 3.1 or
(b) construct at its own cost such local sewers necessary for the
Tracts. tlevk
4 sr: S
ti
iu. L. i_
SENT 6Y:COX,CASTLE&NICHOL• ;12-10-92 ;10:39AN ; 2132144 35088184110
2.4 Aggment 3. City may contract for the construction of
Segment 3 at such later time as it determines.
3. gengnt.
3.1 AUcaation of Cow. Developer shall reimburse Cityfor
the cost of designing, constructing and engineering Segment 2 with
pipe of eight inches (8') in diameter. City shall bear the cost of
constructing Segment 2 with pipe in excess of eight inches (8") in
diameter. As set forth on Exhibit "B," attached hereto, based upon
the ratio that the estimated'cost of constructing Segment 2 with pips
of eight inches (8") in diameter bears to the estimated cost of
constructing Segment 2 as designed as a Master Plan of Sewers System
Facility, Developer's share of the reimbursable costs is 43.38 and
City's share of the reimbursable costs is'56.7%. Developer shall not
be required to reimburse City for any portion of the cost of
constructing Segments 1 or 3.
3.2 Estimated costa. Reimbursable costs shall be limited to
costs directly and necessarily related to designing, constructing and
engineering Segment 2 of the Project, excluding the costs of
acquiring necessary land and easements, administrative expenses,
borrowed funds, insurance and bonding. As set forth on Exhibit MBU
attached hereto, Developer's and City's engineers have estimated the
total coats of designing, constructing and engineering Segment 2 as
$253,750.00.
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SENT EY:COX,CASTLE&NICHOLSOS 12-10-92 ►10:40AM ;
• 21327770
350961@;#11
3.3 des R sorts and Bill g. City will require progress
reports and billings every thirty (30) days from the contractor
performing construction of Segments 1 and 2 of the Project. Upon
receipt of such progress reports and billings, City shall be solely
responsible for determining their accuracy.
3.4 InguittaLsg_ttaxuad. Bill. Within thirty (30) days
after completion and acceptance of Segments 1 and g of the Project,
City shall provide Developer with an itemised bill showing all costs
and fees incurred by City to construct segment 2 of the Project (the
"cost bill"). City agrees to provide. Developer with evidence that
all related invoices have been paid. City also agrees to provide
Developer with any additional information as to any items shown. on
the cost bill as may be requested by Developer.
3.3 Annroval of Costs. Within thirty (30) days after receipt
of the coat bill and any additional information, Developer shall
advise City in writing of any fees or costs shown on the cost bill
that Developer will disallow and the reason why these items are being
disallowed by Developer. Only those construction costs approved by
Developer will be allowed for reimbursement in accordance with this
Agreement] provided, however, that Developer shall not unreasonably
disallow any costs.
3.6 Payment. Developer shall pay to City Developer's share
of the approved reimbursable costs of Segment 2, less $39,434.00
credit for Developer's design costs, within thirty (30) days
following the recording of the notice of completion of Segments 1 and
ciCRxwu.v00e7a1303
-6-
9
SENT 9Y:COX, CASTLE&NICHOLS•;12-10-82 ;10:40AM ;
2182744
3506616;#312
2 or prior to issuance of the first building
permit for Tract 110.4
,
12314, whichever event occurs last. If Developer fails to pay its/t
share within such time, the highest legal rate of interest shall
begin to accrue.
4.
lsted project.
Ownership of the Project shall belong exclusively to City and
Developer shall not be responsible for the maintenance and upkeep of
the Project.
5. Security.
5.1 bidlimmiliriallan. City shall defend, indemnify and bold
Developer, its officers, employees and agents free and harmless from
any and all liability from loan, damage or injury to or death of
persons or property in any manner arising out of or incident to
City's performance of this Agreement, including without limitation
all consequential damages and attorney'e fees, whether or not
resulting from the negligence of City or City's agents. This
indemnity shall extend to any claims arising because City has failed
to secure any necessary easement, land right, contract, and approval,
but shall not extend to any claim to the extent that it arisen out of
the sole negligence of Developer.
5.2 Insurance. City shall obtain, at its own cost, a policy
or policies of liability insurance of the type and in the amounts
described below and in a form and eubstence satisfactory to
. Developer. Such policies signed by a. person authorized by the
WMiMLNMN ly3
-7-
1
SENT BY:GOx,CASTLE&NICHOLS•;12-10-82 ;10:41AH ; 21327770k 3508610;#13
insurer to bind coverage on its behalf must be filed with Developer
prior to performing any construction work on the project. With the
exception of coverage for worker's compensation, Developer, its
officers, employees and agents shall be added as insured on all
policies required under this Agreement. City's insurance coverage
shall be primary insurance as respects Developer, its officers,
employees and agents. any insurance or self-insurance maintained by
Developer, its officers, employees and agents shall be in excess of
City's insurance and shall not contribute to it.
5•2•1 Prior to commencing any construction work
hereunder, City shall provide certificates of insurance with original
endorsements, and copies of policies, if requested, of the following
insurance with Bests' Class B or better carrier admitted to and
authorized to issue insurance in the State of California:
CIQ1YRAL 230007O1307
a. Worker's Compensation Insurance covering all
employees and principals of .City, in at
least the minimum amount as required by
state law, effective under the laws of the
State of California.
b. Commercial General Liability Insurance
covering third party liability risks,
including contractual liability, in a
minimum amount of $1 million combined single
limit per occurrence for bodily injury,
personal •injury, and property damage. If
SENT @Y:COX,CASTLE&NICHOLS
;12-10-92 ;1O:41AM ;
21R27711114 35O6616;#14
commercial general liability insurance or
other form with a general aggregate limit is
used, either the general aggregate shall
apply separately to the Project or the
general limit shall be twice the occurrence
limit.
c. Commercial Auto Liability and Property
Insurance covering any owned. and rented
vehicles of City in the minimum amount of $1
million combined single limit per accident
for bodily injury and property damages.
5.2.2 Said policy or policies shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, or reduced in coverage or in limits except after thirty
(30) days prior notice has been given in writing to Developer. City
shall give to Developer prompt and timely notice of any claim made or
suit instituted arising out of City•e operations hereunder. City
shall also procure and maintain, at its own expense, any additional
kinds and amounts of insurance which in its own judgment may be
necessary for its proper protection in the prosecution of the work.
5.2.3 City shall include all contractors and
subcontractors as insured under its policies or shall furnish to
Developer separate certificates and endorsements for each contractor
or subcontractor prior to commencing any work on the Project. All
eiat.p0007013oe
•
-9-
SENT 6Y:COX,CASTLE&NICHOLS0•12-10-82 ;10:44AM
2132777•
350651041 2
coverage for such contractors and subcontractors shall conform with
the insurance requirements stated herein.
5.3 Bonita. City's Contract with its contractor to construct
the Project shall require City's contractor to provide City with a
Payment Bond and a Performance Bond each in an amount equal to the
total contract amount for the Project to be constructed in accordance
with' this Agreement to guarantee: (1) that contractor and its
subcontractors of every tier will pay all amounts owed to
subcontractors, material suppliers, workers and equipment renters
and, (2) that contractor will
perform all obligations under this.....
Agreement. The bonds shall be furnished
by a surety aompany
satisfactory to Developer on forms acceptable to Developer, and shall
name city and Developer jointly as obligees. A surety company, to be 40
acceptable to the Developer, must be authorized to do business and
u
have an agent for service of
process in California. Developer mils(1 .
also be satisfied that the surety company has sufficient assets and
net worth to honor the Payment Bond and Performance Bond.
If at any time, a surety on such bond is declared a bankrupt,
loses its right to do business in the State of California for any
reason, or is removed from the list of surety companies accepted on
Federal bonds, City's contract with its contractor shall require the
contractor within thirty (30) days after notice from Developer, to
substitute acceptable bonds in such form and sum and signed by such
other surety or sureties as may be satisfactory to Developer, in
Developer's sole discretion. All premiums on any performance or
COYHAL $
•
-10-
SENT HY:COX,CASTLE&NICHOLS ;12-10-S2 ;10:45AH ;-
10
2132777.
3506616;# 3
payment bonds required by this Agreement shall be paid solely by City
. or its contractor.
City's contract with its contractor shall provide that in the
event of termination or cancellation of any insurance or security
required by the contract, the contractor shall have fifteen (3.5)
calendar days following receipt of written notice from either City or
Developer to provide replacement insurance or security which
satisfies the requirements of the contract; and that failure to
provide such replacement insurance or security shall constitute a
material breach of the contract and shall entitle City to make
alternative arrangements for completion of performance. A duplicate
copy of the fifteen (15) day written notice shall be provided to the
other party to this Agreement.
6Mariam
jurawitasua=tmaterial. Developer acknowledges City
will' deliver surplus excavated earth material from the Tracts due to
construction of Segment 2 of the Project to and will deposit it,
uncompacted, at the location within Tract No. 12314 depicted on
Exhibit "C" __ .-_. _., ... , .._
In excavating, delivering and
depositing the surplus excavated earth material, City shall comply
with applicable federal, state and local laws. City shall defend,
indemnify and hold Developer harmless from any and all liability from
loss, damages or injury to or death of parsons or property in any
manner arising out of or incident to said delivery and deposit of the
surplus excavated earth material onto Developers property, including
without limitation all consequential damages and attorney,, fees,
whether or not resulting from the negligence of City or City', agents
-11-
SENT 9Y:COX,CASTLE&NLGHOLSO0;12-10-82 ;10:45AM ;
2132777i
3505515;# 4
or contractors. City's liability extends only to the delivery end
deposit of the surplus excavated earth material. Such material shall
become the property of Developer upon completion of work.
7. Ismodnation.In the event that either
party defaults in the
performance of any of its obligations under this Agreement, or
materially breaches any of the provisions of this Agreement, the
other party shall have the option to terminate this Agreement upon
written notice to the defaulting party.
e' Notice. All notices
permitted or required under this
Agreement shall be deemed made when delivered to the
party's representative provided in this Agreement.
ep enative as
9reement. Such notices
shall be mailed or otherwise delivered to the addresses set forth
below, or at such other addresses as the respective parties may
provide in writing for this purposes
City
Developer
City Manager Presley of Southern
City of FontanaCalifornia
P. O. Box 518 19 Corporate Plaza
P. O. S, 83334-0158 Newport Beach, CA 92650
Attention. Stevan Jones
Such notice shall be deemed made when personally delivered or when
mailed, forty-eight (48) hours after deposit in the U.S. Mail, first
class postage, prepaid and addressed to the party at its applicable
address.
9. lux. This Agreement shall have a term which
expires ten (10)
years from and after the date of its execution.
eRRY$AL23000701303
-12-
SENT 6Y:COX,CA5TLE&NICHOLsI ;12-10-82 ;10:48AM
213277 3506B18;# 5
transfer and assignment, Developer shall be relieved of and from
further liability or responsibility under this Agreement.
13. a menus. Within fifteen (10 days following
the date of this Agreement the date of that certain Detention
Basin Reimbursement Agreement between Developer and the Fontana
Redevelopment Agency, whichever occurs later, Developer shall
dedicate a sewer easement for
Segment 2 to City and shall prepare and
record deeds describing said dedication with the County Recorder and.
shall promptly furnish copies of said recorded deeds to City.
CgCYlIAL29000701303
•
-13-
10. AlitplumaLL_XeseIn the event any ny action is commenced to
enforce or interpret any term or condition of this
Agreement, in
addition to costs and any other relief, the prevailing
entitled to reasonable attorneys' fees. party shall be
11. This
Agreement contains the entire
Agreement of the parties hereto with respect to the matters contained
herein, and supersedes all negotiations, prior discussions and
preliminary agreements or understandings, written or oral. No waiver
or modification of this agreement shall be binding unless consented
to by both parties in writing.
12. aglignmant.Developer shall have,
the right to assign.
Developer's rights and obligations under this Agreement in connection
with the concurrent sale, assignment, ground lease, encumbrance or
other transfer of all or any portion of the Tracts. Upon such
`1,
SENT 0Y:COX,CASTLE&NICHOLS O ;12-•10-82 ;10:46AM
2132777 4
3505618►# d
14.
entered into for the
their successors and
of action based upon
This Agreement in made and
sole protection and benefit of the parties and
assigns. No other person shall have any right
any provision of this Agreement.
a
15. No Joint Ventur tnership. City and Developer hereby
renounce the existence of any form of joint Ventura or partnership
between them and agree that nothing contained herein shall be
construed as making city and Developer joint venturers or partners.
WHEREFORE, this Agreement is executed this
day of
199 . --��
READ AND APPROVID AS TO LEGAL,
FORM AND CONTENT:
ClarkAslop or
Stephen P. Deitsch
City Attorney
Grog Huss zer —
Community Development Director
rennifer Vaughn akely
compliance Officer
oa-" ar am
Risk Management
SENT BY:COx,CASTLE&NICHOLS•;12-10-82 ►10:47AN
21327778' 4 3506618;# 7
CITY OF FONTANA,
a municipal corporation
Jay f. Corey
City Manager
Notary
me
CITOTYThRt.
-15-
PREBLEY OF SOUTHERN CALIFORNIA
Name
SENT BY:COX.CASTLE&NICHOLSO;12-10-92 ;10:47AM ; 21132TP* 3506518;# 6
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EXHIBIT ege
Estimated Total Project Costs
Segment 1: Design Engineering
Construction Cost $ 17,053(1)
Construction Engineering $3e 4(2)
$439,196
Developer Share 0;
City Share 100* 1-
$439,196
Segment 2: Design Engineering $ 19,320 (1)
Construction Cost $213,430.(2)
Construction Engineering $ 21.00
$253,750
Developer Share 43.34 $109,874 (3)
City Share 56.7% $143,676 (3)
Segment 3: Design Engineering
Construction Cost $ 3►06(1)
Construction Engineering $ 69,2677,(2)
$ 79348
Developer Share 0% -0-
City Share 100; $ 79,348
Design Costs advanced by Developer as of July i, 1993
Segment 1 $ 17,053
Segment 2 $$ 1
9,320
Segment 3
$ 39,454
Estimated Reimbursement
Developers. Share
less prepaid design costs
Future estimate due
(1) Design costs advanced by Developer.
(2) See Exhibit B-1.
(3)
$109,874
� ,94�58
Ratio that Developer responsibility for construction coat
bears to the construction cost of Segment 2, as set forth on
Exhibit ' b-1.
Baseline/Almeria Sewer
Schedule
Council Agenda Item to Hulsizer
regarding negative .declaration
and resolution of necessity
Agency Attorney employs services
of appraiser
Agency Attorney mails notice of
public meeting to Presley
Council Meeting - Council approves
negative declaration and the
resolution of necessity
Appraisal report submittal to
Agency Attorney
Agency attorney files suit and
requests immediate possession
Just compensation deposited with
Court. Order for possession
i melt o y5 .
Council Agenda Item to Hulsizer
regarding authorization to bid
Council Meeting. Council authorizes
bidding of Project
Noticing/mailing of bid announcement
Date
October 26, 1992
oK
October 28, 1992 ot;
November 1, 1992
November 17, 1992 v k
N,cvombef a9, 1-992
November 24, 1992
December 24, 1992
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Council Ag nda Item to Hulsizer
regarding and of contract
Council Meeting - Council
'reward of contract
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regarding negative declaration
and resolution of necessity
Agency Attorney employs services
of appraiser
Agency Attorney mails notice of
public meeting to Presley
Council Meeting - Council approves
negative declaration and the
resolution of necessity
Appraisal report submittal to
Agency Attorney
Agency attorney files suit and
requests immediate possession
Just compensation deposited with
Court. Order for possession
imelt y t�P
Council Agenda Item to Hulsizer
regarding authorization to bid
Council Meeting. Council authorizes
bidding of Project
Noticing/mailing of bid announcement
Bid Opening
Council Agenda Item to Hulsizer
,regarding reward of contract
Council Meeting - Council approves
reward of contract
Notice to Proceed issued
Construction completed
GVO/np
10/26/92
Date
October 26, 1992
October 28, 1992
November 1, 1992
November 17, 1992
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November 24, 1992
December 24, 1992
January 4, 1993
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AGENDA ITEM
CITY COUNCIL ACTION REPORT
JANUARY 5, 1993 NEW BUSINESS
Meeting Date Agenda Placement
TO: Mayor and City Council G�
FROM: Redevelopment and Housing Departmen(
SUBJECT: Authorization to Execute a Master Plan Sewer System Reimbursement
Agreement
RECOMMENDATION:
MOTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A MASTER PLAN SEWER SYSTEM
REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF FONTANA AND PRESLEY. OF
SOUTHERN CALIFORNIA
BUDGET IMPACT: Oa' No I— I Yes
I -I
Fund Budget II
Funding
Source:
General
I —1 Fund Budget
Bond Proceeds 1--1 Developer Deposits
Pursuant to the provisions of the proposed Agreement, the Developer will
reimburse the City the Developer's proportionate share of actual costs less
design funds advanced by the developer.
ENVIRONMENTAL IMPACT: I- I Yes IXXI No
The proposed Agreement does not constitute a project under California
Environmental Quality Law.
BACKGROUND:
In December of 1990, when Tract 12314 was recorded, it was anticipated that the
owner, Presley of Southern California, would design, construct and install the
following three master planned sewer line segments in order to develop and
provide sewer service to Tract 12314 as well as to their Tract 10800.
Segment 1: Baseline Avenue from Beech Avenue to Almeria Avenue
Segment 2: Almeria Avenue from Baseline Avenue to Walnut Avenue
Segment 3: Baseline Avenue from Almeria Avenue to east boundary of Tract
No. 12314
• •
Subsequently, staff was advised by Presley that they had no intentions of
proceeding with development of Tracts 10800 and 12314 in the foreseeable future
but would make available for City use/the plans and specifications for the
three master planned sewer line segments. Because of Presley's intentions not
to proceed with development and in order to facilitate completion of the Highland
Haven Sewer, the City budgeted funds in the 1992-93 Sewer Improvement Fund to
construct Segments 1 and 2.
On December 15, 1992, the City Council authorized the Community Development
Department to advertise for bids for the construction of Segments 1 and 2.
ANALYSIS AND JUSTIFICATION:
Although Presley has advanced funds for the design of all three master planned
sewer line segments, their funding responsibility is limited to a proportionate
share of the total cost to design, construct and inspect Segment 2 - Almeria
Avenue from Baseline to Walnut. The proposed Master Plan Sewer System
Reimbursement Agreement sets forth the terms and conditions by which Presley is
to reimburse the City for their proportionate share of the actual costs of
'Segment 2 less the design funds advanced.
ALTERNATIVE(S):
In considering this matter, the City Council has several alternatives:
1. To authorize the City Manager to execute a Master Plan Sewer System
Reimbursement Agreement by and between The City of Fontana and Presley of
Southern California. (Staff Recommendation)
2. Deny the recommended motion.
3. Refer this matter back to staff for further consideration.
ATTACHMENTS:
SUBMITTED BY:
Grgory C. Devereaux/
Redevelopment and Housing
Director
GD:GVO:cz
REVIEWED BY: RECOMMENDED BY:
Clark Alsop or
Steve Deitsch
City Attorney
Jay M. Corey
City Manager
•
DRAFT
AGENDA ITEM
CITY COUNCIL ACTION REPORT
JANUARY 5. 1993 NEW BUSINESS
Meeting Date Agenda Placement
TO: Mayor and City Council
FROM: Redevelopment and Housing Department
SUBJECT: Authorization to Execute a Master Plan Sewer System Reimbursement
Agreement
RECOMMENDATION:
MOTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A MASTER PLAN SEWER SYSTEM
REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF- FONTANA AND PRESLEY OF
SOUTHERN CALIFORNIA
BUDGET IMPACT: IXXI No
I -I
_I Yes Funding _ General
Source: I —I Fund Budget
Fund Budget I —I Bond Proceeds I —I
Developer Deposits
Pursuant to the provisions of the proposed Agreement, the Developer will
reimburse the City the Developer's proportionate share of actual costs less
design funds advanced by the developer.
ENVIRONMENTAL IMPACT: I -I Yes IXXI No
The proposed Agreement does not constitute a project under California
Environmental Quality Law.
BACKGROUND:
In December of 1990, when Tract 12314 was recorded, it was anticipated that the
owner, Presley of Southern California, would design, construct and install the
following three master planned sewer line segments in order to develop and
provide sewer service to Tract 12314 as well as to their Tract 10800.
Segment 1: Baseline Avenue from Beech Avenue to Almeria Avenue
Segment 2: Almeria Avenue from Baseline Avenue to Walnut Avenue
Segment 3: Baseline Avenue from Almeria Avenue to east boundary of Tract
No. 12314
•
Subsequently, staff was advised by Presley that they had no intentions of
proceeding with development of Tracts 10800 and 12314 in the foreseeable future
but would make available for City use / the plans and specifications for the
three master planned sewer line segments. Because of Presley's intentions not
to proceed with development and in order to facilitate completion of the Highland
Haven Sewer, the City budgeted funds. in the 1992-93 Sewer Improvement Fund to
construct Segments 1 and 2.
On December 15, 1992, the City Council authorized the Community Development
Department to advertise for bids for the construction of Segments 1 and 2.
ANALYSIS AND JUSTIFICATION:
Although Presley has advanced funds for the design of all three master planned
sewer line segments, their funding responsibility is limited to a proportionate
share of the total cost to design, construct and inspect Segment 2 - Almeria
Avenue from Baseline to Walnut. The proposed Master Plan Sewer System
Reimbursement Agreement sets forth the terms and conditions by which Presley is
to reimburse the City for their proportionate share of the actual costs of
Segment 2 less the design funds advanced.
ALTERNATIVE(S):
In considering this matter, the City Council has several alternatives:
1. To authorize the City Manager to execute a Master Plan Sewer System
Reimbursement Agreement by and between The City of Fontana and Presley of
Southern California. (Staff Recommendation)
2. Deny the recommended motion.
3. Refer this matter back to staff for further consideration.
ATTACHMENTS:
SUBMITTED BY:
Gregory C. Devereaux
Redevelopment and Housing
Director
GD:GVO:cz
REVIEWED BY: RECOMMENDED BY:
Clark Alsop or
Steve Deitsch
City Attorney
Jay M. Corey
City Manager
• RECORD OF TELEPH01+CONVERSATION
CITY OF FONTANA
Date /2- L-`�Z
Individual �-L'VC/.j JTDUc s
Organization P/Le-S L67'
Items Discussed
Job No. 6 7/- / Z43
By FELT PC" /4tL iivpS
Project /34S C- L i/tr& / ALC-/E Zi>
,S_ GL,Li�
Phone No. 7 q 6 4° - 64/co
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A n Nam — A tZv�,,.,�, 5 v
Comments or Action Requir
71)E5A63; /263 / S S
BSI-P006 2/80
•
_N WIND
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MU M N
NM/ NMI HMV
En,' OMNI NMI ANEW
J. F. Davidson Associates, Inc.
ENGINEERING PLANNING SURVEYING LANDSCAPE ARCHITECTURE
November 23, 1992
Ms: Maggie Pacheco
FONTANA REDEVELOPMENT AGENCY
8353 Sierra Avenue
Fontana, CA 92335
RE: BASELINE SEWER AND STORM DRAIN EXTENSIONS
Dear Maggie,
Pursuant to our phone conversation of November 13, 1992, J.F.
, Davidson Associates, Inc. (JFD) is pleased to submit this proposal
to provide consulting services for the above mentioned extensions to
the Highland Haven -Project, We have successfully completed the
original portions of the work and feel that our past experience
would serve to facilitate the completion of these downstream
facilities. I sincerely hope that the Public Works Department would
consider using JFD to assist with consulting services for this new
effort.
Prior to an actual proposal, we recommend that the following items
be included in a scope of work to bring this 'job into and through
construction:.
6,;r1 " 1
Pow'
6,To,t 2
Separation of that portion of work, to be built by the City,
from the "Madole Engineering" plans into a separate set of
construction'drawings.
Separation of that portion of work, to be built by the City,
from the "Madole Engineeering" specifications into a
separate set of bid documents.
3. Project bid assistance.
4. Construction staking and surveying.
5. Soils engineering field observation and testing.
6. Construction management and review of pay requests.
27349 Jefferson Avenue, Suite 115, Temecula, CA 92590 • P.O. Box 340, Temecula, CA 92593 • 714/676-7710 • FAX 714/699-1981
ii PRINTED ON RECYCLED PAPER
Ms. Maggie Pacheco
FONTANA REDEVELOPMENT AGENCY
November 23, 1992
Page 2
Should you or Public Works decide that we can assist with this work,
we would be happy to provide a proposal.
It•is estimated that Items 1 and 2 (above) will require four to six
weeks to complete, and a period of three to four weeks will be
required from advertisement to bid opening. The City would be best
served by completing this work by the time - the right-of-way is
acquired.
Should you have any questions or comments, please do not hesitate to
call me or Jon Sebba at 944-2881, extension 108.
Sincerely,.
J.F. DAVIDSON ASSOCIATES, INC.
aftge
ames A. Oravets
Project Manager
cc: Carey Hagen -.Director of Transportation, JFD Temecula
Jon Sebba - Regional Manager, JFD Ontario
JAO:rct
rncho:E06
•
CITY OF FONTANA
RECORD OF TELEPHONE CONVERSATION
By b
(City Employee)
Subject -
Individual J/4204e_ .Ja e s
Organization (137'Pf hj
Date
Id
Phone No. 64
a34
Items Discussed P c K ✓ 00 c.4-+
y/ 3 f i`"!x. �, c,C A -
72e-
7 e S,/4 // c ed p4 w 0,4e
r-e c -;4- !�,-L�,�. e. -,ma y s we, Ge-.a
/C C4 !/ J' Ti // rGS�%ri)^ e1rIZ 044--
- sY pl.�Ju
Comments or Action Required
Idw 7/92
Cl M
77e4 e cC.) X 6 735
LAW OFFICES OF
BEST, BEST & KRIEGER
September 16, 1992
MEMORANDUM
TO: Robert W. Weddle, P.E.
City Engineer
FROM: City Attorney
RE: Property Acquisition Status
The purpose of this memorandum is to provide you with an update on
the various real property and right-of-way acquisition matters
being coordinated or handled by our office on behalf of the City of
Fontana or the Fontana Redevelopment Agency. Pursuant to your
request, we plan to update this status report every three to four
weeks. In the interim, we encourage your questions and would be
pleased to discuss any of these matters with you or members of your
staff in greater detail.
Auto Mall Property Acquisition #17529.0005
The Fontana Redevelopment Agency is undertaking the acquisition of
nine properties in order to facilitate development of the Auto Mall
Specific Plan. Notices of Decision to Appraise have been mailed to
the property owners. The appraisals should be completed in
approximately six to eight weeks. We will monitor the progress of
the appraisals in an effort to expedite their completion.
Baseline -Almeria Trunk Line/Highland-Haven Project (North Fontana)
117529.0010
Staff has requested that Presley of Southern California grant sewer
easements within Tract No. 12314 to the City to complete
construction of Segments 1 and 2 of the Baseline/Almeria sewer
trunk line. If Presley refuses to grant the easements, it may be
necessary to institute eminent domain proceedings to acquire the
easements. A meeting with the Presley representatives is scheduled
for September 23, 1992.
DBB20509
LAW OFFICES OF
• •
• ' BEST, BEST & KRIEGER
Empire Center Street Improvement Project #16498.0306
In order to mitigate increased traffic resulting from construction
of the Empire Center, the City is acquiring permanent street and
public utility easements from five properties for the widening and
improvement of Sierra Avenue. These improvements will include
signalization at the intersections with Slover Avenue, Santa Ana
Avenue and Jurupa Avenue.
Agreements have been reached to purchase the necessary easements
from the properties owned by the Demos Shakarian and Rose Shakarian
Trust Under Trust Agreement dated January 17, 1990, and Five Star
Santa Anita Investment Group, Hua's Investment Group, Wang Chuan
Ho, Kuei In Ho and I-Tsu Liao. The Shakarian agreement has been
signed by all parties. We are awaiting receipt of the signed
Easement Deed so that escrow can be opened. We are also awaiting
receipt of the Five Star Santa Anita, et al., agreement and
Easement Deed so that a counterpart of the agreement can be
forwarded to the City for execution.
The City has adopted resolutions of necessity to acquire the
necessary easements from property owned by David Eshleman and from
property owned by Rosemead Properties. The necessary lawsuit
documents are in the final stages of completion and will be filed
with the court within the next week.
The City Council approved the appraisal of the easement to be
acquired from property owned by the Kanok Family Trust dated
January 20, 1982, and Fontana Properties, and authorized its right-
of-way acquisition agents to make an offer to purchase the
easement. The offer letter is being prepared and will be mailed to
the property owners within the next week.
I-10 Channel to Valley Boulevard Storm Drain #16498.0172
As part of. the Master Planned Storm Drain facility to be
constructed along Valley Boulevard to benefit the Kaiser Hospital
project, the City must acquire an easement from property owned by
Daniel C. Lemme, Trustee under Declaration of Trust Dated February
4, 1983, the Lemme Family Partnership, a limited partnership, and
Daniel C. Lemme, an individual, located just outside the City's
corporate boundaries. The property owner will be compensated for
providing alternative access to his property during construction of
the storm drain improvements. The Notice of Decision to Appraise
has been prepared and we are proceeding with the appraisal of the
easements. The appraisal should be completed within the next 30
days.
Staff is preparing a Mitigated Negative Declaration for this
project. A Phase I Hazardous Waste Site Assessment is being
conducted of the property and should be completed within the next
two weeks. The storm drain plans must be submitted to the County
of San Bernardino Planning Commission for review as required by.
California Government Code section 65402.
DBB20509 - 2 -
LAW OFFICES OF
•
BEST, BEST & KRIEGER
Jurupa Avenue Condemnation #16498.0225
This eminent domain action was brought by the City of Fontana to
acquire an easement along Jurupa Avenue, from Cypress to Sierra,
for construction of street, storm drain, sewer line and other
public infrastructure to benefit the Southridge Village, Empire
Center and South Park Developments. The property owners (Fontana
Properties, Zip Investments Corporation, and Sellers Investments,
Inc.) have answered the complaint in which they allege that the
City's offer of $5,000.00 to purchase the easement is inadequate.
The City's appraiser placed this nominal value on the easement
because the property owners would ultimately be required to
dedicate the easement to the City in order to develop their
property. In fact, the property owners have two tentative tract
maps recorded on the property which show the easement areas
dedicated to public improvements.
At the hearing to consider the adoption of a resolution of
necessity, the property owner representative stated that they are
willing to cooperate with the City in providing the requested
easement if the City will (1) tell them in definite terms what
their out -parcel (Southridge Village) assessments will be; (2)
provide a reasonable time schedule fordevelopment of Jurupa
Avenue; and (3) assure the property owners that they will be
allowed to develop their property and use the sewer system along
Jurupa Avenue. We are awaiting word from staff as to whether and
when these items can be resolved so that it will hopefully not be
necessary to further litigate this matter.
Marygold Avenue Street Improvements #16498.0173
In order to mitigate the increased traffic resulting from the
construction of the Kaiser Primary Care Center, it was determined
that the intersection of Sierra Avenue and Marygold Avenue must be
widened and improved, including signalization of that intersection.
Kaiser is proceeding with plans to improve the eastern portion of
the intersection, which requires the acquisition of additional
right-of-way along the north side of Marygold Avenue. Kaiser has
requested the City's assistance in acquiring the right-of-way for
this project, and has agreed to reimburse the City for all costs
associated with the right-of-way acquisition.
A Reimbursement Agreement between the City of Fontana and Kaiser
Permanente for acquisition of the street and public utility
easement has been forwarded to Kaiser for review and approval.
Sierra Avenue and Valley Boulevard Improvements #17529.0012
The Fontana Redevelopment Agency entered into a Disposition and
Development Agreement with Birtcher Trachman Properties to build a
shopping center on property bounded by Valley Boulevard, Sierra
Avenue, Juniper Avenue and Interstate 10. One of the mitigation
measures required by the Environmental Impact Report was the
widening and improvement of Sierra Avenue and Valley Boulevard.
D8820509
-3-
`V:
• •
BEST, BEST & KRIEGER
LAW OFFICES OF
All of the necessary easements have been acquired from the property
owners for this project, with the exception of FFCA/IPI 1985
Property Company and Foodmaker. FFCA/IPI owns property on which
Foodmaker operates a Jack -in -the -Box Restaurant. Escrow has been
opened to complete the purchase of this easement and should close
within the next 30 to 45 days.
There are still two claims in litigation by lessees of properties
from which easements were acquired. One is by GRC Restaurants,
Inc., who owns and operates a CoCo's Restaurant on one of the
subject properties. They have filed a cross -complaint in inverse
condemnation alleging that the City will eventually need to acquire
additional right-of-way from the property it occupies such that it
will no longer be able to operate its business at that location.
We are preparing a demurrer to that cross -complaint, which should
be filed with the court and heard within the next 30 days.
The other claim is asserted by Galardi Group, who claims that the
taking of the easement resulted in a loss of business goodwill to
its Wienerschnitzel franchise. We have been negotiating an
encroachment agreement with Galardi Group to allow its sign to
overhang the public right-of-way in an effort to settle this case.
In the meantime, a trial date has been set for June 21, 1993. We
have propounded interrogatories to Galardi Group, and their
responses are due September 30, 1992.
We will keep you advised on all of these matters.
c: Jay M. Corey, City Manager
Greg Hulsizer, Director of Community Development
James R. Strodtbeck, Redevelopment Project Coordinator
Maggie Pacheco, Redevelopment Project Coordinator
Gregory J. Bucknell, P.E., Project Manager/Special,Proects
JFelipe Molinos, Principal Engineer
Clark Alsop, Esq.
Stephen P. Deitsch, Esq.
DBB20509
-4-
RECORDING REQUESTED BY CITY OF FONTANA
WHEN RECORDED MAIL TO:
CITY OF FONTANA
P.O. BOX 518
FONTANA, CA 92334
ATTN: ENGINEERING DIVISION
APN - NONE (ALMERIA AVENUE AND WALNUT STREET)
ADDRESS - N/A
BUILDING PERMIT - ALMERIA AVENUE TRUNK SEWER
DOCUMENTARY TAX DUE: NONE
BY:
EASEMENT DEED
THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN
AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION
(Grantors)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, ..' does- hereby -grant to the CITY--OF--FONTANA, a
Municipal Corporation, an easement for street, highway and
public utility purposes over, under, and upon the real property
in the City of Fontana, County of San Bernardino, State of
California, described as follows:
PARCEL 1:
THAT PORTION OF TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP BOOK
240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 64.00
FEET WIDE, THE CENTERLINE, OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BASELINE
AVENUE AND ALMERIA AVENUE (EXTENDING NORTH),. SAID INTERSECTION
BEING DISTANT NORTH 89 52'57" EAST 628.64 FEET FROM THE SOUTH
QUARTER CORNER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST,
SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA
AVENUE AS FOLLOWS:
SHEET 1 OF 6
• •
-2-
NORTH 0 04'58" WEST 660.29 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET;
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 58'39"
AN ARC DISTANCE OF 117.52 FEET. TO A POINT, SAID POINT BEING THE
BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 750.00 FEET, A RADIAL LINE OF SAID REVERSE CURVE TO
SAID POINT BEARS SOUTH 81 06'19" EAST; NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 8 59'40" AN ARC DISTANCE OF
117.74 FEET; TANGENT TO SAID CURVE, NORTH 0 05'59" WEST 691.87
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 250.00 FEET; NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 41 45' 49 " AN ARC DISTANCE OF
182.23 FEET TO THE INTERSECTION OF THE CENTERLINE OF ALMERIA
AVENUE (EXTENDING .NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT
NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT
"A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED
CURVE THROUGH A CENTRAL ANGLE OF 8 34'10" AN ARC DISTANCE OF
37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 39 46'00"
WEST.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR
SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF
THE SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, OF THE
SOUTHEAST QUARTER OF SAID SECTION 36 AND. NORTHERLY IN A LINE
WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT
"B" HEREINBEFORE DESCRIBED.
PARCEL 2:
THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240,
PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 50.00 FEET WIDE,
THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1;
THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH
48 20'10" WEST 134.17 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET;
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48
15' 12 " AN ARC DISTANCE OF 210.54 FEET; TANGENT TO SAID CURVE,
NORTH 0 04'58" WEST 469.37 FEET TOTHE INTERSECTION OF THE
CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP OF TRACT NO.
12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C".
SHEET 2 OF 6
• •
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR
SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE
OF PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE
PARALLEL WITH AND DISTANT SOUTHERLY 30.00 FEET, MEASURED AT
RIGHT ANGLES, FROM A LINE WHICH BEARS NORTH 89 51'00" EAST AND
WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED.
PARCEL 3:
THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON MAP BOOK 240,
PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET WIDE,
THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2;
THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID
MAP, SOUTH 89 51'00" WEST 45.05 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID CENTERLINE. OF WALNUT STREET, NORTH
89 51'00" EAST 180.05 FEET TO THE EASTERLY LINE OF SAID TRACT
NO. 12314.
THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR
SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS
NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D"
HEREINBEFORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OF
SAID TRACT NO. 12314.
Said described parcels are as shown on "Exhibit A", Sheets 5 & 6
Dated this day of , 19
THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION, FORMERLY KNOWN
AS PRESLEY OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION
BY: BY:
SHEET 3 OF 6
STATE OF CALIFORNIA
COUNTY OF
This is to certify
S.S. that the interest
in real property
conveyed by the
deed or grant dated
On before me
PERSONALLY APPEARED
t
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 acknowledged
to 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), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
from THE PRESLEY
COMPANIES, A
CALIFORNIA CORPORA-
TION, FORMERLY KNOWN
AS PRESLEY OF
SOUTHERN CALIFORNIA,
A CALIFORNIA CORPOR-
ATION
to the City of
Fontana, California,
a Municipal Corpora-
tion, is hereby
accepted by the
undersigned officer
pursuant to
authority conferred
by resolution of the
City Council adopted
on July 16, 1991;and
the grantee consents
to the recordation
thereof by its duly
authorized officer.
CITY OF FONTANA
BY:
Robert W. Weddle, P.E.
City Engineer
SHEET 4 OF 6
City Parcel No.
PREPARED UNDER THE
SUPERVISION OF:
.M. MADOLE R.CE.14814 DATE
No.
" R. M g.
A= B°5089•
,e • 76o.G»'
L-/1752'
T-6d.Eb'
PARCEL 1
SE 1,14 SEC. 36.
TIN. R6W. S.B.M.
5/4( caeviec.3G,
T/.V. ,QGW
SEE SHEET 6
c. ALMERIA AVE. (S)
EXHIBIT 'A'
z
ALMERIA AVE.
PREPARED IN THE OFFICE OF
MADOLE AND ASSOCIATES, INC.
CONSULTING CIVIL ENGINEERS
AND LAND PLANNERS
1020 E.16th Sh..t
SANTA ANA, CAUFORNIA 92701
PHONE 714 a 536.2646
PO.B., PARCEL 1
e,c. BASELINE AVENUE
SHEET 5 OF 6
CITY OF.FONTANA. CALIFORNIA
Approve/
Parcel N..
7
DEED PLAT
.1s
D..w. By;
EL.LGc/E
7RNo. / $I
PARCEL 3
TRUE POB. PARCEL, 3, - a
POINT D
1546'
A/o'o9 a, "w/s
PREPARED IN THE OFFICE OF
MADOLE AND ASSOCIATES, INC.
CONSULTING CIVIL ENGINEERS
AND LAND PLANNERS
1820 E.16th Streit
SANTA ANA, CAUFORNIA 92701
PHONE 714.636-2446
��. WALNUT STREET
POINT'C PPAORRB. 3
PARCEL 2 /
�I c. ALMERIA
,, �AVE.(N)
d - 16•/6/2'
b • 2/0..5¢
T• /// 97 '
N0.
26a co'
L •/62. 5'
T' 95.57'
SE 1/4
1 1N'
g €o/o"K/ 12312�0 / 3.10
�s4 /7'
A = b'34/o"
A=05aco'
-47ar
POINT
POINT A'
PO.B. PARCEL 2
SEC- 36 3:.
50'M..
R6W
PARCEL 1 ---�, ALMERIA AVE. (N)
EXHIBIT "A'
to
SEE SHEET 5
CITY OF FONTANA. CALIFORNIA
DEED PLAT
Approved
SHEET 6 OF 6
Parcel No.
.1f
Deo.. list
14
ScN? EY;xerox !eecc.:plef "•1'L;U4'irl ; ttSl Utl&O1tutR-0 714350761;# 1
�'f
A Il IJ� et!
�' .
fy
BEST, BEST & KRIEGER
ARTHUR L. LITTLEWORTH'
GLEN E.STEPHENS'.
WILLIAM R. D.WO_FE•
BARTON C. SAJJT•
PAUL T. SELLER'
DALLAS HOLMES'
CHRISIOPHER L. CARPENTER'
RICHARD T. ANDERSON►
JOHN D. WAHLIN'
MI,,HAEL O. HARMS,
w. CURT EALY'
THOMAS S, SLDVAKp
. CHN C. BROWN'
MICrI4EL T. RIDOELL'
MEREOiTH A, JURW
MICHAEL (RANT*
FRANC* J. BAUM•
ANNE T, THOMAS'
0, MARTIN NETiiERY'
GEOROE rJ. REYES
wiLLIAM W. FLOYD, JR,
MICHAEL A. CRAPE.
OREOORY L. HARDKE
KENDALL H. Ms:VEY
CLARK N, ALSO
DAVID J. LIMN*
MICHAEL 1 ANDELSON'
OkiitRIONAL OORFORATON
A PMRTNEASHIP PIDLUOWO PROFIMONAI, CORPORATIONS
LAWYERS
CCL'G1.AS S. PHILLIPS*
ANTONIA ORAt'hOL
:RECORY K. WILKINSON
WYNNE S. FUR1
DAVIO L. BARON
EUCENETANAKA '
BASIL T. CHAPMAN
tIMOTHY M. CONNOR
VICTOR L,'w'OLF
0ANIEL E. OLIVIER
DANIEL J. M.HU014
HOWARD S. GOLDS
STEPHEN P, DEITSCH
MARC E, EMPEY
JOHN R:ROTTSCHAEFER
MARTIN A, MUELLER
J. MICHAEL SUMMEROUR
JEFFERY J. CRANDALL
SCOTT C. SMITH
JACK A. CLARKE, JR.
JEANNETTE A. PETERSON
BRIAN M. LEWIS
BRADLEY C. NCUPELD
iLDfFREY K, WILLIS
KANDY LEE ALLEN
ELISE K, TRAYNUM
WILLIAM D. DAHUNB, JR.
TERESA J. PRISTOJKOVIC
VICTORIA N, KING
MATT H. MORRIS
JEFFREY V. MAN
STEVEN C4e6AUN
BRANT H. DVEtRIN
ERIC L. GARNER
DENNIS M. COTA
JULIE HAYWARD BIGGS
RACHELLE J. NICOLLE
ROBERT w,HARGREAVES
JAN!CE L. WEIS
CHRISTIAN E, HEARN
SHARYL WALKER
PATRICK W, PEARCE
KIRK W. SMITH
KLYSTA J. POWELL
JASON D.DABAREINER
HAYDN WINSTON
DAVID A. PRENTICE
KYLE A, SNOW
MARK A. EASTER
DIANE L. FINLEY
MICHELLE OUELLETTE
PETER M, BARMACK
DAVID P, PHIPPEN
KENNETH R. WEISS
J. CRAIO JOHNSCN
SUSAN ;, NAUSS
CHRISTOPHER OCD50N
MARK R. HOWC
BERNIE L. WILLIAMSON
ELAINE E. HILL
WILLIAM J, ADAMS
WANDA 5. NcNEIL
KEYIN K. RANDOLPH
EUGENIA J. MOREZZI
JAMES B. GILPIN
JAMES M. KEARNEY GI
MARSHALL E, RUDOLPH
KIM A. BYRENB
CYNTHIA M. GERMANO
MARY E. OiL1TRAP
OINEVRA C, MARUM
DANIEL C. PARKER
NGUYEN 0, PHAN
PAUL G. SIBSON
CRAIB S. PYRES
CHARLES E. KOLLER
4111
(Charge 117529.0001]
1°1 t g 4 he A►- e•
400 MISSION SQUARE
.04 9760 UNIVERSITY AVENUE
POST OFFICE BOX 1028
RIVERSIDE, CALIFORNIA 92502
C C'" `/ ^ TELEPHONE (714I886.1450
RAYMOND BEST (1860.1W7)
JAMES H. KRIEGER (1913.1975)
EUGENE BEST (1893.1981)
TELEFAX: eo/
TELECOPI ER9
C714) 686-3083 682•4612
OF COUNSEL
JAMES B. COMMON
RICHARD A. 08H;NS'
RONALD T. VERA
•ADMITTED IN KW YCRK, ,NEYADA,
WAt,MNOTON, o,C, CCU RT dr CLNMs
OFFICES IN
PALM SPRINGS 1519)325.7284
RANCHO MIRAGE (619)568•2511
ONTARIO (714) 980.8584
Telefa41'P. / 6 /P u6at: c6.2,44 x Number:
J / h 114 st,ed ,. _-.., 350 7691
16,-e de- s- 011r1 A
I rft
To: Maggie Pacheco
Redevelopment Project Coordinator
FROM: Lisa M. Hjulbarg, Legal Asst.
DATE: September 12, 1991
TIME: 11:46an
RE: Acquisition of Street and Sewer Easements
from the Lynch Properties
PAGES: (including this cover sheet:)
•• se as se a A w
cxz.enaea rage 1,1
• KEG GAGE:
Maggie, enclosed are the proposed easement deeds. Please have the easement
rights language reviewed by Bob Weddle and let me know if it meets with
approval. I will then finalize the offer letters, appraisal summary
statements and easement deeds and have them delivered to you for signature.
Ztaj Aki, . S rr
NOTE: Please call (714) 686-1450, extension 385, if there is any
problem in receiving this transmission.
=NVI UT AerQX ie!2CoPler !ULi !143t)U7v1;#
•
RECORDING REQUESTED RYt
City of Fontana
AND WIEN RECORDED NAIL TOt
City Clerk
City of Fontana
9353 Sierra Avenue
Fontana, CA 92335
FOR RECORDER'S USE ONLY
No recording fee required; this document is exempt from fee pursuant to
Government Code Section 6103
allr
EASEMENT DEED
FOR
STORM DRAIN AND SEWER FACILITIES`
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
RICHARD H. LYNCE, a single man (hereinafter, "Grantor")
does hereby grant and convey to
CITY OF FONTANA, a municipal corporation,
its successors and assigns, an exclusive, permanent and perpetual
easement, together with the right to forever maintain, operate,
improve, alter, relocate, reconstruct, inspect, repair, occupy and
use, and otherwise install necessary appurtenances thereto, for the
construction and maintenance of storm drain and sanitary sewer line
facilities as determined necessary by the City of Fontana, its
ii M.. _ j _ �xterded Page 2 1
successors and as ns (collectively, the "Ci), both above and.
below the ground level, together with all necessary rights of
ingress and egress to said easement over and across contiguous land
now owned by Grantor in connection with the exercise of any of the
rights granted herein, under and across the following described
real property in the County of San Bernardino, State of California,
to wit:
See legal description and plat attached as Exhibit_"A"
Grantor shall be entitled to utilize the easement area for parking,
driveway and/or landscaping purposes. Grantor shall not, however,
erect or construct, or permit to be erected or constructed, any
LMH6e919.
tNl V;Aerox Ielecopler V.41 y— u —yi ;11;UM btblItt51 IEUEh7 v 714350763 ;# 3
•
building, structure or permanent improvement on, over or under any
portion of the easement,
City shall be entitled to trim, cut, or clear away any trees,
brush, or other vegetation1or flora from time to time as City
determines in its sole discretion without paying any additional
compensation to Grantor,
Grantor agrees that no other easement or easements sha11 be granted
under, or over this easement.
city may at any time change the location of pipelines or other
facilities within the boundaries of the easement right-of-way, or
modify the size of existing pipelines or other improvements as it
may determine in its sole discretion from time to time without
paying any additional compensation to Grantor, provided City does
not expand its use of the easement beyond the easement boundaries
described above.
Grantor shall not increase or decrease, or permit to be increased.
or decreased, the existing ground elevations of the easement which
exist at the time this document is executed without obtaining the
prior written consent of City.
IN WITNESS 1 BRB0F, Grantor has caused these presents to be
signed this day of , 1991.
RICHARD H. LYNCH
•
Ie n V V. I i V V V I IA V ' WI
iLMN689 i9
=NYI 117;AerciX ieleccp.er -rULi .1—IL701 i IL,V81'IiI i GGOIJ UZQiCir\RiGV R"
Ii4JVVi941t
May 28, 1991
J ,( j)
)),/
) e, ) L { Lk
k' 'I /�1 W.O. 8911629-02
z
,r7 2„,/ alolq
r ;v
EXHIBIT "A" 0
That'portion of the East one-half of the Northeast one -quarter of the
Northwest one -quarter of the Southeast one -quarter of Section 36, Township
1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana,
County of San Bernardino, State of California, described as follows:
Beginning at a point on the West line of said East one-half,
S.00°06'47"E., a distance of 83.17 feet from the Northwest corner of said
East one-half;
Thence N,77°19'501., a distance of 86.06 feet;
Thence N.00°49'584., a distance of 64.54 feet to the North line of
said Last one-half, also being the South line of Catawba Avenue as shown by
rap of Tract No. 3348 on file in Book 47 of Maps, at pages 14 through 16
thereof, Records:of San Bernardino County, California;
Mena 'N.89°49'42"E. along 'said North line also being the South line
of said Catawba Avenue, a distance of 15.00 feet;
Thence 8.00°09'58"E., a distance of 76.58 feet;
Thence S.77°19'50"W., a distance of 101.44 feet to said West line of
the Ea3t one-half;
Thence N.00°06'47'1. along said West line, a distance of 15.37 feet to
the point of beginning.
The above. daaoribsd. parcel of land contains.2464.75 square feet or
,0.056 acres, more or lilea.
Extended Page 4
RLW:MWC:bn
leq/atl,l2
DESCRIPTION PREPARED UNDER THE SUPERVISION OF:
5/Zafrr I
Horner A. Fountains Date
J. F. DAVIDSON ASSOCIATES, INC.
or xercx ;eiecopier iuzi i'L;Uoiti1 ��SI �c�. ;(Ki i i-' 71435O75 i;k 5
•
/ id
l1' !'1 y'.16 �,!
itquitel;
k 6494
e
HOER A.
FOUNTAINE
Eio. MO
.20
141.
IO,,, ` 5EGUER
Arrro E45eu&vT
E Vi, NE. /4, N.W /4,
SE !% Sk'C:.3G,
T. /,4J., R. &w, . &M.
228-131•a'
15676 76 6144 G/V6
PoiVTAAIAI CA.
Extended Page 5 1
PREPPR&D UNDER THE SUPERvJsIoN oF:
5/I
J. F. 'Davidson Associates, Inc. Oats
CITY OF fONTANA, CALIfORN/A
DEED PLAT
F P4OVEJr
PQ;CEL A'0
SXEC�/ C,'•/
PRAwA/4Y: till'
SENT by ;Xerox Te l eccpier 7.U11 8-11-y1 ; 11 ; U'IF'f+1 btS i btS i &KK1't�EK-�
• •
71435U761;# 6
RECORDINQ REQUESTED DTI
City of Fontana
AND WIT MOOD RAM TO
City Clerk
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
FOR RECORDER'S USE ONLY
No recording fee required; this document is exempt from fee pursuant to
Government Code Section 6103
EASEMENT DEED
FOR
STORM DRAIN AND SEWER FACILITIES
FOR VALUAELE CONSIDERATION, receipt of which is hereby
acknowledged,
QQEENIE LYNCE, a widow (hereinafter, "Granntors')
does hereby grant and convey to
CITY OF FONTANA, a municipal corporation,
its successors and assigns, an exclusive, permanent and perpetual
easement, together with the right to forever maintain, operate,
improve, alter, relocate, reconstruct, inspect, repair, occupy and
use, and otherwise install necessary appurtenances thereto, for the
construction and maintenance of storm drain and sanitary sewer line
facilities as determined necessary by the City of Fontana, its
successors and assigns (collectively, the "city"), both above and
below the ground level, together with all necessaryrights of
__„A f,. essi ri .ene,een* "war anri 7lrrnan r!nnti aueus land
Extenced Pare
ingress and egress said easement over and ac�cess contiguous sand
now owned by Gra
ntany
tip in connection with the ex��ll;ise of of the
rights granted herein, under and across the following described
real property in the County of San Bernardino, State of California,
to wit:
Sae legal description and plat attached as Exhibit W!►^'
Grantor shall be entitled to utilize the easement area for parking,
driveway and/or landscaping purposes. Grantor shall not, however,
erect or construct, or permit to be erected or constructed, any
LMH68912
61
JCIVI DT A [UA IULI + 0-is-Of ,!c vorY!_,
•
I 1407.10 I 14 I
building, structure or permaneimprovement on, over or under any
portion of the easement.
City shall be entitled t trim, cut, or clear away any trees,
brush, or other vegeta on or flora from time to time as City
determines in its sol discretion without paying any additional
compensation to Gran •r
Grantor - grees that no other easement or easements shall be granted
on, under, or over this easement.
City may at any time change the location of pipelines or other
facilities within the boundaries of the easement right-of-way, or
modify the size of existing pipelines or other improvements as it
may determine in its sole discretion from time to. time without
paying any additional compensation to Grantor, provided City does
not expand its use of the easement beyond the easement boundaries
described above.
Grantor shall not increase or decrease, or permit to be increased
or decreased, the existing ground elevations of the easement which
exist at the time this document is executed without obtaining the
prior written consent of City.
IN WITNESS UEREOP, Grantor has caused these presents to be
signed this day of , 1991.
QUEENIE LYNCH
Extended Page 7, 1
LNM68912
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•
.�ih j jfI3yj;R 7
May 28, 1391
W.o. 8911629-02
EXHIBIT"A"
That portion of the West one-half of the Northeast one -quarter
Northwest one -quarter of the Southeast one -quarter � r of the
� of Section 36, Township
1 North, Range 6 West, San Bernardino Meridian, in the
County of San Stateity Of.FOs�tana,
Bernardino, of California,Cali#1deacxlied as follows:
Beginning at.a point on the East lin
S.00°06'47"E., a distance of 8 $ of said West one-half,
3.11 feet fzom the Northeast corner of said
West one-half;
Thence 5.77°19'50"W,, a distance of 183.93 feet;
Thence Westerly on a curve concave to the +�
697.50 feet, thzau h a ° , orth having a radius of
g n angle of 12 29'51", an arc length. of 152.14 feet to
the peat line of said West one-half, also being the East line of Walnut
Street as shad by map of Tract No. 12314, on tile In Book 240 of Maps, at
pages 3 through 10 thereof, Records of San Bernardino Count
Thence 5.00°06'16"E. along said Weat line County,California]
r also being the East line of.
said Walnut Street, a distance 'of. 15.'00 feat;
Thence Easterly on a non -tangent curve concaveNorth,
to the having a
radius of 712.50 feet, through an angle of 12°29' n
56 , an arc length of
. 155,43 feet (the initial radial line bears 5.00°10'14"E0! .
Thence N.77°18'304., a distance of 180.59 feet
to said East line of
the West one-half;
• Thence W.00°06'47"W. along said East line, a distance
the point of beginning. of 15.37 feet to
Extended Page 8 1
•
The above described parcel of land contains 5040.67 square foot
0.116 ems, more Or lees. or
RLW:t1WC:bn
1eq/etl, li
.1
DESCRIPTION PREPARED UNDER THE SUPERVISION OF:
Homer A. Fountaine
J. F. DAVIDSON ASSOCIATES, INC.
Date
5 NT dY;XerOX !e!ecopier i 1L;u fr,9 13CJli C3nISiF1i,:',:1:,`.n-0114-JU'i0yli4
•
•
HOMER A
FOUNTAINE
;. '. ti«?
beg 1450/9T
R•617.04s1?'215
Ls161.14
wII,Nf�4,IUW,r4,
SE, /4 SEC, 31,
T. /M,R,6W., 5&M
3,70
131.0
FOrV a.
Extended Pae 9 1
PREPARED UNDER THE pERYISION
OF;
t$jts
I. F. Davidson Associates, Inc. Da ,
C/TY OF FONTANA, CAL /COrRN/A
DEED PLAT
F.P, , r VeD r PaRca NO.
SHEtT/ Gr"/
9RAw.v,V: MLP
StiI bY;?(erox ielecopier 'IU' i CYt.7ii CtJI' mi ntK" l l40n45y ,41U
• •
RECORDING REQUESTED BYa
City of Fontana
AND NBEN RZCORDED MAIL TO
City Clerk
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
FOR RECORDER'S USE ONLY
No recording fee required; thle document is exempt from fee pursuant to
Government Code Section 6103
EABENENT DEED
?OR
STRUT AND PUBLIC UTILITY PURPOSES
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
QUEENXE LYNCH, a widow (hereinafter "Grantor"),
does hereby grant and convey to
CITY OP FONTANA, a municipal corporation,
its successors and assigns, an exclusive, permanent and perpetual
easement and right-of-way to construct, maintain, operate, repair,
alter, replace, and remove a city street and all necessary
utilities in, over, and across the parcel of real property situated
in the City 'of Fontana, County of sRn Rornarlinn c*A*A At
.rx�eflaea Na a iu
v. . v.",�.,aal vuuu6Y Vl oan "rano, stateCalifornia, as deslbed in Exhibit "A" attareto and
part hereof, together with all necessaryand jade a
ingress and egress to and from said right-of-wayconvenient means of
or strip or parcel
ofland, for thepurposeof constructing, reconstructing,
maintaining, operating, repairing, renewing, or enlarging in any
manner the said city street and necessary utilities, together with
any and all of the purposes hereinbefore mentioned, To. have and
to hold the above granted and described premises unto the City of
Fontana California, its successors and assigns, forever.
IN WITNESS WEEREoa, Grantor has caused these presents to be
signed this day of , 1991.
Queenie Lynch
0016816
cf
/ei
;=Ni GT nary Ieiecopier 1U41 i 0—I4'yl +IL.IUI'IYI I DCMDCD!OAR1C'•:CR" (ILS;rU 0.:1!.ii1I
• •
May 28, 1901 W.O. 8911629-02
EXHIBIT "A"
•
That portion of the West one-half of the Northeast one -quarter of the
Northwest one -quarter of the Southeast one -quarter of Section 36, Township
1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana,
County of San Bernardino, State of California, described as follows:
Commencing at the Northwest corner of said West one-half, said corner
being on the South line of Lot 113 of Tract No. 3348 on file in Book 47 of
Maps at pages 14 through 16 thereof, Records of San Bernardino County,
California/
Thence N.89°49'42"E. along the North line of,said West one-half, also
being the South line of said Lot 113, a distance of 2.77 feet to the
Southwest corner of Almeria Avenue as shown on said Tract No. 3348, said
dorner being the point of beginning of the parcel. to be described,
Thence continuing N, 89°49' 4211. along said North line also being the
South line of said Almeria Avenue, a distance of 60.00 feet to the
Southeast corner of said Almeria Avenue;
Thence'S.00'09'54"E. along the Southerly prolongation of the Easterly
line of said Almeria Avenue, a distance of 112.01 feet;
Whence Southwesterly on a curve concave to the Northwest having a
radius of 60.00 feet, through -an angle of 89'59'36", an arc length of 94.24
fAA4' _ IA $h• ri S$ * I V „rAi AAM2F; AA AF 0%6 eAI1i' luOMI V t 4 ns A; Wa 1,m* eF.AA4
txtended Fage 11 1
teat, to the iasterlyolongation of the Southerly le of Walnut Street
as shown on Tract No. 12314, on file in Book 240 of Maps at pages 3 through
10. thereof, Records of San Bernardino County, California;
Thence S,89°49'42"w, along said prolongation, a distance of 2,96 feet
to the southeast corner of said Walnut Street, said corner being on the
West line of said West one-half;
`114307691 #12
�cNr tr;Xerox reiecopier Iuc, ; y ''1—yi ;11;111.11 tti bn161 rtl (itN4
111.
May 28, 1991
Pegs Two
Whence N.00406'16"W. along said West line, also being the East line of
•
said Walnut Street, a distance of 76,81.feet to the most Northerly corner
of said Walnut Street;
Thence.N.41°49,07"E. along the Northeasterly prolongation of the
Northwesterly line of said walnut Street, a distance of 4.29 feet to. the
Southerly prolongation of the Westerly line of said Almeria Avenue; .
Thence N.00°09'54"W, along said.Southerly prolongation, a distance of
92.00 feet to the point of beginning.
The above described parcel of land contains 9775.82 square feet, or
0.224 acres, more or less.
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DESCRIPTION PREPARED UNDER THE SUPERVISION OF
Homer A. Fountains
J. F. DAVIDSON ASSOCIATES, INC.
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PREPARED_ UNDER THE SUPERVISION OF:
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C/T Y OF FO,VTANA, CAL fFORi//A
DEED PLAT
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PARCEL A� '
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•
City of Fontana
CALIFORNIA
September 14, 1992
Mr. Steven Jones
Project Manager
Presley of Southern California
19 Corporate Plaza
Newport Beach, CA 92660
RE: Sewer Reimbursement Agreement
(071-7243) Tracts 12314 and 10800
Dear Steve:
Please find enclosed the updated final draft copy of the sewer
reimbursement agreement for your offices to review.
Upon receipt of your conments,final documents will be prepared for City
Council Actions.
Please call at 714-350-7613 if you have any questions.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
11/eac-'4/. eaell4es-
Robert W. Weddle, P.E.
City Engineer
RWW:sh
Enclosure
cc: Redevelopment Project Coordinator (MP)
Principal Engineer/Land Development
Principal Engineer/Capital Improvements
8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7600
SISTER CITY — KAMLOOPS, B.C. CANADA
iii recycled paper
MASTER PLAN SEWER SYSTEM REIMBURSEMENT AGREEMENT
This Agreement is made and entered into this day of
, 1992, by and between the City of Fontana ("City"),
a municipal corporation, and Presley of Southern California
("Developer"), a California corporation.
RECITALS
WHEREAS, Developer owns certain real property known as Tract
No. 12314, and Tract No. 10800, located within the City (the
"Tract(s)"); and
WHEREAS, City as a part of the Master Plan of Sewers Capital
Improvement Program (CIP) has planned and budgeted the construction
of the Baseline Sewer from the current terminus of the Master Plan
of Sewers System at the intersection of Baseline Avenue at Beech
Avenue, within Baseline Avenue to Almeria Avenue; and
WHEREAS, Developer desires to design, construct and install an
extension of City's Master Plan of Sewer System for the purpose of
providing sewer services to the Tracts; and
WHEREAS, City and Developer's sewer projects are jointly
referred to herein as "Master Plan of Sewers Project"; and
GCM20061
• •
WHEREAS, Developer as a part of the development of Tract(s) is
required to construct Master Plan of Sewers within the Tracts and
said construction as a part of the Master Plan of Sewer System will
benefit other property owners; and
WHEREAS, Developer and City recognize that it is in their
mutual interest to coordinate the design, construction and
installation of the Master Plan of Sewers Project to serve the
City's Master Plan of Sewers System and the Tracts so as to
efficiently implement City's overall Master Plan of Sewers System
and to avoid duplication of facilities; and
WHEREAS, Developer's required construction of Master Plan of
Sewers System facilities provides supplemental capacity for others,
thereby benefitting other properties; and
WHEREAS, Developer's construction of sewers for all in tract
sewers for the Tracts has been on hold pending City's implementa-
tion of a North Fontana Infrastructure Program with a commensurate
financing program, but City and Developer now desire to go forward
with construction of the Master Plan of Sewers Project notwith-
standing the status of the Program; and
WHEREAS, City proposes at this time to construct two of the
three master planned sewer line segments of the Master Plan of
Sewers Project as noted herein in order to provide Master Plan of
Sewers System facilities to that area of land known as the
GCM20061
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Highland/Haven tract and will construct the third segment at a
later time; and
WHEREAS, Developer acknowledges its responsibility for repay-
ment to City for constructing those facilities required by Traets
that are part of a standard local sewer system.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the City of Fontana and Developer hereby agree as
follows:
AGREEMENT
Definitions:
(a) "Agreement" shall mean this "Master Plan of Sewers System
"Reimbursement Agreement" between the City of Fontana and
Presley of Southern California, a California corporation.
(b) "City" shall mean the City of Fontana.
(c) "Developer" shall mean Presley of Southern California.
(d) "Local System Cost" shall mean the cost of constructing
a sewer system with pipe of up to 8" in diameter.
(e) "Lowest responsible bidder" shall have the meaning given
the term in California Public Contracts Code Section
2000.
(f) "Master Plan of Sewers Project" shall mean the construc-
tion of three segments described as follows and
delineated in Exhibit "A".
GCM20061
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(g) "Segment 1" shall mean that portion of the Master Plan of
Sewers Project sewer systems proposed to be constructed
from Baseline Avenue and Beech Avenue to Almeria Avenue.
(h) "Segment 2" shall mean that portion of the Master Plan of
Sewers Project sewer system proposed to be constructed
from Almeria Avenue and Baseline Avenue to Walnut Avenue
(Highland/Haven).
(i) "Segment 3" shall mean that portion of the Master Plan of
Sewers Project sewer system proposed to be constructed
from Baseline Avenue and Almeria Avenue to the east
boundary of Tract No. 12314.
(j) "Tracts" shall mean Tract No. 12314 and Tract No. 10800
owned by the Developer and located within the City.
(k) "Upsizing" shall mean the difference between the cost of
constructing a sewer system with pipe of 8" in diameter
and the cost of constructing a sewer system with pipe
greater than 8" in diameter, based upon the diameter of
pipe actually installed.
1. Master Plan of Sewers Project
1.01 The Master Plan of Sewers Project to be constructed
shall be divided into three segments as follows and as
delineated in "Exhibit A":
1. Segment 1: Baseline Avenue, Beech Avenue to Almeria
Avenue
GCM20061
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2. Segment 2: Almeria Avenue, Baseline Avenue to Walnut
Avenue (Highland/Haven)
3. Segment 3: Baseline Avenue, Almeria Avenue to east
boundary of Tract No. 12314
1.02 Developer has commenced design upon all three segments
of the Master Plan of Sewers Project; however the funding
responsibility for each segment is apportioned as follows:
City Developer
1. Segment 1: 100% 0.0%
2. Segment 2: Upsizing Cost Local system cost
3. Segment 3: 100% 0.0%
1.03 Developer shall promptly furnish to City all design
documents, plans and specifications for Segments 1 and 2 which
Developer or its agents have completed as of the date of this
Agreement. City shall finish and sign off on design of
Segment 1 and 2 upon execution of this Agreement and shall put
out for bid a contract for construction of sewers for Segment
1 and 2 for award to the lowest responsible bidder within a
reasonable period of time following execution of this
Agreement.
1.04 Developer shall complete design of Segment 3 prior to
obtaining its first building permit for Tract 12314. This
shall be accomplished notwithstanding the status of the
construction of Segments 1 and 2.
GCM20061
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1.05 City as set forth in Section 1.03 and 1.04 shall be
solely responsible for securing appropriate bids and awarding
the contract for construction of the sewer segments in
compliance with all applicable federal, state and local laws.
1.06 Developer shall defend, indemnify and hold City free and
harmless from any and all claims, actions or liability
whatsoever, including without limitation attorney's fees,
arising out of or in connection with Developer's performance
of the design of Segments 1, 2 and 3.
1.07 City shall defend, indemnify, and hold Developer free
and harmless from any and all claims, actions or liability
whatsoever, including without limitation attorney's fees,
arising out of or in connection with City's securing of bids
and award and performance of the construction of sewer
Segments 1, 2 and 3.
2. Costs of Construction
2.01 Developer's and City's engineers have estimated the
total costs of the design, construction and inspection of the
sewer project and that the proportionate share of such
estimated cost is:
GCM20061
-6-
City's Developer's Total Construction
Share Share Cost Authority
Segment 1 $439,196 0.00 $439,196 City
Segment 2 $143,876 $109,874 $253,750 City
Segment 3 $ 79,348 0.00 $ 79,348 City
TOTAL $662,420 $109,874 $722,294 --
Exhibit "B" attached hereto provides a detailed cost
breakdown. The maximum reimbursement available to Developer
from City for design and/or construction of project is
$45,000.00, unless City, by action of the City Council,
approves a higher amount.
2.02 For Segments 1, 2 and 3, City will require progress
reports and billings every 30 days from the contractor
performing construction of Segments 1, 2 and 3 of the Master
Plan of Sewers Project. Upon receipt of such progress reports
and billings, City shall be solely responsible for determining
their accuracy.
3. Terms of Reimbursement
3.01 Developer shall submit to City an itemized accounting of
funds expended in designing Segments 1 and 2. Upon City's
approval of said design costs, Developer's proportionate share
of the actual costs for Segments 1 and 2 shall be reduced by
the amount of design costs, approved by the City, which
Developer has advanced for design of Segments 1 and 2.
Developer shall pay to City Developer's proportionate share of
the actual costs for Segment 2 as generally provided in
GCM20061
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Section 2.01 and Exhibit "B" within thirty (30) days following
the recording of the notice of completion of Segment 2 or
prior to issuance of the first building permit for Tract No.
12314, whichever event occurs last. City shall provide
Developer an itemized bill for costs incurred.
4. Indemnification Insurance
4.01 Developer shall defend, indemnify and hold City, its
elected officials, officers, employees, and agents free and
harmless from any and all liability from loss, damage, or
injury to or death of persons or property in any manner
arising out of or incident to Developer's performance of this
Agreement, including without limitation all consequent damages
and attorney's fees, whether or not resulting from the
negligence of Developer or Developer's agents. This indemnity
shall not extend to any claim arising out of the sole
negligence of the City.
4.02 City shall defend, indemnify and hold Developer,
officers, employees and agents free and harmless from any and
all liability from loss, damage or injury to or death of
persons or property in any manner arising out of or incident
to City's performance of this Agreement, including without
limitation all consequential damages and attorney's fees,
whether or not resulting from the negligence of City or City's
agents. This indemnity shall extend to any claims arising
GCM20061
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because City has failed to secure any necessary easement, land
right, contract, and approval, but shall not extend to any
claim to the extent that it arises out of the negligence of
the Developer.
4.03 Developer acknowledges City will deliver surplus
excavated earth material from construction of Segment 1 and 2
of the Project at the agreed upon location within Tract No.
12314, pursuant to the applicable Codes of City and City shall
defend, indemnify and hold Developer harmless from any and all
liability from loss, damages or injury to or death of persons
or property in any manner arising out of or incident to City's
contractor's delivery of, and up to the time of delivery of,
the uncompacted excavated earth material onto Developer's
property, including without limitation all consequential
damages• and attorney's fees, whether or not resulting from the
negligence of the City or City's agents or contractors.
City's liability extends only to the delivery of the surplus
excavated earth material. Developer's receipt of delivery of
the surplus excavated earth material terminates any obligation
of the City to indemnify Developer pursuant to this Section
4.03. Such material shall become the property of Developer
upon completion of work.
GCM20061
-9-
5. Approval of Sewer Costs
Upon completion of all three segments of Master Plan of Sewers
Project and final acceptance of Master Plan of Sewers Project,
Developer shall, within thirty (30) days provide City with an
itemized bill showing all reasonable fees and costs incurred
by Developer to design Segment 1, 2 and 3 of the Master Plans
of Sewers Project. Such reasonable costs shall be limited to
the costs of acquiring necessary land and easements,
administrative expenses associated with the Master Plan of
Sewers Project, permit fees, and any other associated costs
directly and necessarily related to the design and construc-
tion of the work excluding the costs of borrowed funds and
bonding costs. Developer agrees to provide City with cost
bills evidencing costs incurred. Developer also agrees to
provide City with any additional information as to any items
shown on the cost bill as requested by City's representative
from time to time. Following completion of the analysis, City
shall advise Developer in writing of any fees or costs shown
on the cost bill that City will disallow and the reason why
these items are being disallowed by City. Only those design
and construction costs approved by City, in its sole dis-
cretion, will be allowed for reimbursement in accordance with
this Agreement.
Upon completion and acceptance of Segments 1 and 2 of the
Master Plan of Sewers Project, City shall within thirty (30)
GCM20061
-10-
days provide Developer with an itemized bill showing all costs
and fees incurred by by City to complete design and to
construct Segments 1 and 2 of the Master Plan of Sewers
Project, including but not limited to, all costs referred to
in this Agreement as being borne solely by City. Such
reasonable costs shall be limited to costs of acquiring
necessary land and easements, administrative expenses
associated with Segments 1 and 2 of the Master Plan of Sewers
Project, permit fees and any other associated costs directly
and necessarily related to the design and construction of the
work. City agrees to provide Developer with access during
normal business hours to review City's cost records.
Developer shall pay City Developer's proportionate share of
said costs within thirty (30) days of receipt of City's
itemized bill. If Developer fails to pay its proportionate
share within thirty (30) days of receipt of City's itemized
bill, the highest legal rate of interest shall begin to accrue
from the date City's bill was submitted to Developer.
Developer may advise City, in writing, of any fees or costs
that Developer disputes. However, City shall have final
approval of all costs and expenses relating to design and
construction and Developer is obligated to pay its
proportionate share of those costs and expenses as approved by
City.
6. Dedication of Easements
GCM20061
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•
•
Within fifteen (15) days following the date of this Agreement,
Developer shall dedicate sewer easements for Segments , 2 06
to City and shall prepare and record deeds describing said
easements and covenants with the County Recorder and shall as
soon as possible thereafter furnish copies of said recorded
deeds to City.
7. Termination
In the event that the Developer defaults in the performance of
any of its obligations under this Agreement, or materially
breaches any of the provisions of this Agreement, City shall
have the option to terminate this Agreement upon written
notice to Developer.
8. Notice
All notices permitted or required under this Agreement shall
be deemed made when delivered to the applicable party's
representative as provided in this Agreement. Such notices
shall be mailed or otherwise delivered to the addresses set
forth below, or at such other addresses as the respective
parties may provide in writing for this purpose:.
City Developer
City Manager
City of Fontana
P.O. Box 518
Fontana, CA 92334-0158
Presley of Southern California
19 Corporate Plaza
Newport Beach, CA 92660
GCM20061
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Such notice shall be deemed made when personally delivered or
when mailed, forty eight (48) hours after deposit in the U.S.
Mail, first class postage, prepaid and addressed to the party
at its applicable address.
9. Terms
This Agreement shall be set for a term of ten (10) years from
and after the date of its execution. City shall have no
obligation whatsoever to Developer upon expiration of the term
of this Agreement.
10. Attorney's Fees
In the event any action is commenced to enforce or interpret
any term or condition of this Agreement, in addition to costs
and any other relief, the prevailing party shall be entitled
to reasonable attorneys' fees.
11. Entire Agreement
This Agreement contains the entire Agreement of the parties
hereto with respect to the matters contained herein, and
supersedes al negotiations, prior discussions and preliminary
agreements or understandings, written or oral. No waiver or
GC1420061
-13-
modification of this agreement shall be binding unless
consented to by both parties in writing.
12. Assignment
This Agreement shall not be assigned without the written
consent of the parties hereto, and any assignment without
consent shall be void and ineffective.
GCM20061
-14-
S
WHEREFORE, this Agreement is executed this day of
, 1992.
READ AND APPROVED AS TO LEGAL
FORM AND CONTENT:
Clark Alsop or
Stephen P. Deitsch
City Attorney
Greg Hulsizer
Community Development Director
Jennifer Vaughn Blakely
Compliance Officer
Robert Graham
Risk Management
CITY OF FONTANA, PRESLEY OF SOUTHERN CALIFORNIA
a municipal corporation
Jay M. Corey Name
City. Manager
Notary
Name
GC420061
-15-
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Segment 1:
Segment 2:
Segment 3:
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VICINITYSCE MAP
NOT AL
Baseline Avenue and Beech Avenue to
Almeria Avenue
Almeria Avenue and Baseline Avenue
to Walnut Avenue (Highland/Haven)
Baseline Avenue and Almeria Avenue,
to east boundary of Tract No. 12314
MM TR 11 1•402
SEGMENT I
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tI
7.
EXHIBIT 'B"
ENGINEER'S COST ESTIMATE CITY AND DEVELOPER ARE RESPONSIBLE
DATE: 6-18-92 'FOR EACH SEGMENT OF THE MASTER PLAN OF SEWERS PROJECT.
NT : BASELINE AVENUE AND BEECH AVENUE TO ALMERIA AVENUE
L•I1 Yk1j' r MIKE_ V ri i : i t.Al TOTAL
• v.C.r. txTR* 'TRINYTM `. 70~A E
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Unit casts ua.d herein are based either upon in•
formation provided to Engineer by client or fro.
the best available industry data at the time of
preparation. Engineer assumes no responsibility
for the exactness of such unit prices in either
DEVELOPER RESPONSIBILITY
k 1 : IS COIJSTR CTI•N S
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•1111,rrrall1I1rifill UNIT PRICE NOTED111F1MillialIrWrA74...IMINCIIKoo°°
• coo.«f BIBS - 000 ' . ' E.zei r-i-+im'Aso-may = 0 0
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Page 2 of 2
Estimated Total Project Costs
Segment 1:
Segment 2:
Segment 3:
EXHIBIT 'B'
Design Engineering
Construction Cost
Construction Engineering
Developer Share 0.0%
City Share 100.0%
Design Engineering
Construction Cost
Construction Engineering
Developer Share 43.3% _
City Share 56.7%
Design Engineering
Construction Cost
Construction Engineering
Developer Share 0.0%
City Share 100.0%
As of July 1, 1992
1. Design Costs advanced by Developer
Segment 1
Segment 2
Segment 3
Developer's Share
less prepaid design costs
Future estimate due
(1) Design costs advanced by Developer
$ 17,053 (1)
$384,143
38 000
$439,196
-0-
$439,196
$ 19,320 (1)
$213,430
21 000
$253,750
$109,874
$143,876
$ 3,081 (1)
$ 69,267
7 000
$ 79,348
-0-
$ 79,348
$ 17,053
$ 19,320
S 3.081
$ 39,454
$109,874
-39.454
$ 70,420
ip Co%� F. I %'no % v3
/.�d re.n w��d •
Pam
/(f -
CITY OF FONTANA
California
IAUG I 4 1992
RECEIVED
CITY ENGINEER'S OFFICE
TO: BOB WEDDLE, CITY ENGINEER
FROM: MAGGIE PACHECO, REDEVELOPMENT PROJECT COORDINATOR
SUBJECT: BASELINE/ALMERIA SEWER PROJECT
DATE: AUGUST 13, 1992
In our meeting of August 12, 1992, regarding the above referenced Project, we agreed that the
number of unresolved issues surrounding Presley Tract No. 12314 might delay their granting
of sewer easements to the City indefinitely and that your staff was too backlogged with work to
proceed with any alternative means of gaining possession of the needed easements at this time.
Based on these concerns and in light of the fact that it is imperative that the Baseline/Almeria
sewers be in place commensurate with or soon after completion of the Highland Haven sewer,
the Agency proposes to take the following actions on behalf of the City:
• Solicit legal advice and direction.
• Prepare a letter to Presley officially requesting them to grant the necessary
easements within a specified time (for Mr. Hulsizer's signature). •
• If easements not granted, secure the services of a private appraiser and pursue
friendly acquisition of needed easements.
• If friendly acquisition is not possible, initiate eminent domain proceedings and
seek prejudgment possession.
In as much as Agency staff are also overloaded with work, I have directed Gary Van Osdel,
Agency Consultant, to take the lead in these efforts. Costs associated with gaining the easements
will initially be covered by the Agency with the intent of requesting reimbursement fron lie
City's Sewer Fund at some later date.
MP:GVO:cm
cc: Community Development Director
Redevelopment and Housing Manager
Agency Consultant (GVO)
File
.t;
Sid fJ pc i AiitZ 2 , r
/•—,/ -// o� f,,/J
•
City of Fontana
CALIFORNIA
August 10, 1992
Stephen P. Deitsch, Esquire
Best, Best & Krieger
800 N. Haven Avenue, Suite 120
Ontario, CA 91762
RE: Presley of Southern California
Sewer Reimbursement Agreement (071-7243)
Dear Steve:
This is to request that your office review the revised City/Presley
sewer reimbursement agreement.
Presley has provided documentation that Segment 3 should be constructed
by the City as a Master Plan of Sewers facility and, as such, the
earlier draft agreement had to be modified.
Upon receipt of your comments the agreement will again be forwarded to
Presley for execution.
Should you have any questions, please call.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
Robert W. Weddle, P.E.
City Engineer
RWW:sh
Enclosure
cc: Community Development Director
Principal Engineer/Capital Improvements
Redevelopment Project Coordinator (MP)
8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7800
SISTER'CITY - KAMLOOPS, B.C. CANADA
est recycled paper
•
MASTER PLAN SERER SYSTEM REIMBURSEMENT AGREEMENT
THIS Agreement is made and entered into this day of
, 1992, by and between the City of Fontana ("City"), a municipal
corporation, and Presley of Southern California ("Developer"), a California
Corporation.
RECITALS
WHEREAS, Developer owns certain real property known as Tract No.
12314, and Tract No. 10800, located within the City (the "Tract(s)"); and
WHEREAS, City as a part of the Master Plan of Sewers Capital
Improvement Program (CIP) has planned and budgeted the construction of the
Baseline Sewer from the current terminus of the Master Plan of Sewers
System at Baseline Avenue at Beech Avenue, within Baseline Avenue to
Almeria Avenue; and
WHEREAS, Developer desires to design, construct and install an
extension of City's Master Plan of Sewers System for the purpose of
providing sewer services to the Tracts; and
WHEREAS, City and Developer's sewer projects are jointly referred to
herein as "Master Plan of Sewers Project"; and
WHEREAS, Devel•r as a part of the develop* of Tract(s) is
required to construct Master Plan of Sewers within the Tracts and said
construction as a part of the Master Plan of Sewer system will benefit
others property owners; and
WHEREAS, Developer and City recognize that it is in their mutual
interest to coordinate the design, construction and installation of the
Master Plan of Sewers Project to serve the City's Master Plan of Sewers
System and the Tracts so as to efficiently implement City's overall Master
Plan of Sewers System and to avoid duplication of facilities; and
WHEREAS, Developer's required construction of Master Plan of Sewers
System facilities provides supplemental capacity for others, thereby
benefiting other properties; and
WHEREAS, Developer's construction of sewers for all in tract sewers
for the Tracts has been on hold pending City's implementation of a North
Fontana Infrastructure Program with a commensurate financing program but
City and Developer now desire to go forward with construction of the Master
Plan of Sewers Project notwithstanding the status of the Program; and
WHEREAS, City proposes at this time to construct two of the three
master planned sewer line segments of the Master Plan of Sewers Project as
noted herein in order to provide Master Plan of Sewers System facilities to
that area of land known as the Highland/Haven tract; and
WHEREAS, Devel, acknowledges its responsibil• for repayment to
City for constructing those facilities required by Tracts that are part of
a standard local sewer system.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the City of Fontana and Developer hereby agree as follows:
Definitions
Agreement
"Agreement" shall mean this "Master Plan of Sewers System
Reimbursement Agreement" between the City of Fontana and
Presley of Southern California, a California Corporation.
"City" shall mean the City of Fontana.
"Developer" shall mean Presley of Southern California.
"Local System Cost" shall mean the cost of constructing a sewer
system with pipe of up to 8" in diameter.
"Lowest responsible bidder" shall have the meaning given the
term in California Public Contracts Code Section 2000.
"Master Plan of Sewers Project" shall mean the construction of
three segments described as follows and delineated in Exhibit
A.
"Segment 1" shall mean that portion of the Master Plan of
Sewers Project sewer systems proposed to be constructed from
Baseline Avenue and Beech Avenue to Almeria Avenue.
"Segment 2" shall mean that portion of the Master Plan of
Sewers Project sewer system proposed to be constructed from
Almeria *nue and Baseline Avenue III Walnut Avenue
(Highland/Haven).
"Segment 3" shall mean that portion of the Master Plan of
Sewers Project sewer system proposed to be constructed from
Baselne Avenue and Almeria Avenue to the east boundary of Tract
No. 12314.
"Tracts" shall mean Tract No. 12314 and Tract No. 10800 owned
by the Developer and located within the City.
"Upsizing" shall mean any sewer system constructed with sewer
pipe greater than 8" in diameter.
1. Master Plan of Sewers Project
1.01 The Master Plan of Sewers Project to be constructed shall be
divided into three segments as follows and as delineated in "Exhibit
A":
1. Segment 1: Baseline Avenue, Beech Avenue to Almeria Avenue
2. Segment 2: Almeria Avenue, Baseline Avenue to Walnut
Avenue (Highland/Haven)
3. Segment 3: Baseline Avenue, Almeria Avenue to east
boundary of Tract No. 12314
1.02 Developer has commenced design upon all three segments of the
Master Plan of Sewers Project; however the funding responsibility
for each segment is apportioned as follows:
City Developer
1. Segment 1: 100.0% 0.0%
2. Segment 2: Upsizing cost Local system cost
3. Segment 3: 100.0% 0.0%
• •
1.03 City shall finish and sign off on design of Segment 1 and 2
upon execution of this Agreement and shall put out for bid a
contract for construction of sewers for Segment 1 and 2 for award to
the lowest responsible bidder within a reasonable period of time
following execution of this Agreement.
1.04 Developer shall complete design of Segment 3 prior to
obtaining its first building permit for Tract 12314. This shall be
accomplished notwithstanding the status of the construction of
Segments 1 and 2.
1.05 City as set forth in Sections 1.03 and 1.04 shall be solely
responsible for securing appropriate bids and awarding the contract
for construction of the sewer segments in compliance with all
applicable federal, state and local laws.
1.06 Developer shall defend, indemnify and hold City free and
harmless from any and all claims, actions or liability whatsoever,
including attorney's fees arising out of or in connection with
Developer's performance of the design.
1.07 City shall defend, indemnify, and hold Developer free and
harmless from any and all claims, actions or liability whatsoever,
including attorney's fees, arising out of or in connection with
City's securing of bids and award and performance of the
construction of sewer Segments 1, 2 and 3.
2. Costs of Construction
2.01 Developer's and City's engineers have estimated that the
total costs of the design, construction and inspection of the sewer
project and that the proportionate share of such estimated cost is:
City's Developer's Total Construction
Share Share Cost Authority
Segment 1 $439,196 0.00 $439,196 City
Segment 2 $143,876 $109,874 $253,750 City
Segment 3 $ 79.348 0.00 i2L114 City
TOTAL $662,420 $109,874 $722,294
Exhibit "B" attached hereto provides a detailed cost breakdown. The
maximum reimbursement available to Developer for design and/or
construction of project is $45,000.00, unless City, by action of the
City Council, approves a higher amount.
2.02 For Segments 1 and 2, City will require progress reports and
billings every 30 days from the contractor performing construction
of Segments 1 and 2 of the Master Plan of Sewers Project. Upon
receipt of such progress reports and billings, City shall be solely
responsible for determining their accuracy.
3. Terms of Reimbursement
3.01 Developer shall pay to City Developer's proportionate share
of the actual costs for Segment 2 less design funds advanced by
Developer for •gments 1 and 2, based upoctual costs but
otherwise as generally provided in Section 2.01 and Exhibit "B"
within thirty (30) days following the recording of the notice of
completion of Segment 2 or prior to issuance of the first building
permit for Tract No. 12314, whichever event occurs last. City shall
provide Developer an itemized bill for costs incurred.
4. Indemnification Insurance
4.01 Developer shall defend, indemnify and hold City, its elected
officials, officers, employees, and agents free and harmless from
any and all liability from loss, damage, or injury to or death of
persons or property in any manner arising out of or incident to
Developer's performance of this Agreement, including without
limitation all consequent damages and attorney's fees, whether or
not resulting from the negligence of Developer or Developer's
agents. This indemnity shall not extend to any claim arising out of
the sole negligence of the City.
4.02 City shall defend, indemnify and hold Developer, officers,
employees and agents free and harmless from any and all liability
from loss, damage or injury to or death of persons or property in
any manner arising out of or incident to City's performance of this
Agreement, including without limitation all consequential damages
and attorney's fees, whether or not resulting from the negligence of
City or City's agents. This indemnity shall extend to any claims
arising because City has failed to secure any necessary easement,
land right, c ract, and approval, but shal •ot extend to any
claim arising out of the sole negligence of the Developer.
4.03 Developer acknowledges City will surplus excavated earth
material from construction of Segment 1 and 2 of the Project at the
agreed upon location within Tract No. 12314, pursuant to the
applicable Codes of City and City shall defend, indemnify and hold
Developer harmless from any and all liability from loss, damages or
injury to or death of persons or property in any manner arising out
of or incident to City's contractor placing the uncompacted
excavated earth material on Developer's property, including without
limitation all consequential damages and attorney's fees, whether or
not resulting from the negligence of the City or City's agents or
contractors. Such material shall become the property of Developer
upon completion of work.
5. Approval of Sewer Costs
Upon completion of all three segments of Master Plan of Sewers
Project and final acceptance of Master Plan of Sewers Project,
Developer shall, within thirty (30) days provide City with an
itemized bill showing all reasonable fees and costs incurred by
Developer to design Segment 1, 2 and 3 of the Master Plans of Sewers
Project. Such reasonable costs shall be limited to the costs of
acquiring necessary land and easements, administrative expenses
associated with the Master Plan of Sewers Project, permit fees, and
any other associated costs directly and necessarily related to the
design and construction of the work excluding t costs of borrowed
funds and bonding costs. Developer agrees to provide City with cost
bills evidencing costs incurred. Developer alsoagrees to provide
City with any additional information as to any items shown on the
cost bill as requested by City's representative from time to time.
Following completion of the analysis, City shall advise Developer in
writing of any fees or costs shown on the cost bill that City will
disallow and the reason why these items are being disallowed by
City. Only those design and construction costs approved by City, in
its sole discretion, will be allowed for reimbursement in accordance
with this Agreement.
Upon completion and acceptance of Segments 1 and 2 of the Master
Plan of Sewers Project, City shall within thirty (30) days provide
Developer with an itemized bill showing all costs and fees for City
to complete design and to construct Segments 1 and 2 of the Master
Plan of Sewers Project, including but not limited to, all costs
referred to in this Agreement as being borne solely by City. Such
reasonable costs shall be limited to costs of acquiring necessary
land and easements, administrative expenses associated with Segments
1 and 2 of the Master Plan of Sewers Project, permit fees and any
other associated costs directly and necessarily related to the
design and construction of the work. City agrees to provide
Developer with access during normal business hours to review City's
cost records. City agrees to provide Developer with all reasonable
information so as to assign costs to the work. Following completion
of Developer's review of City's costs and cost records, Developer
shall advise C101k, in writing, of any fees or •ts that Developer
disagrees with and the reasons why these items are being challenged
by Developer. Only those final design and construction costs that
City at its reasonable discretion will be the final amount Developer
reimburses City in accordance with this Agreement.
6. Termination
In the event that the Developer defaults in the performance of any
of its obligations under this Agreement, or materially breaches any
of the provisions of this Agreement, City shall have the option to
terminate this Agreement upon written notice to Developer.
7. Notice
All notices permitted or required under this Agreement shall be
deemed made when delivered to the applicable party's representative
as provided in this Agreement. Such notices shall be mailed or
otherwise delivered to the addresses set forth below, or at such
other addresses as the respective parties may provide in writing for
this purpose:
City
City Manager
City of Fontana
P. 0. Box 518
Fontana, CA 92334-0158
Such notice shall be deemed made
Developer
Presley of Southern California
19 Corporate Plaza
Newport Beach, CA 92660
when personally delivered or when
mailed, forty eight (48) hours after deposit in the U.S. Mail, first
class postage,epaid and addressed to the par, at its applicable
address.
8. Term
This Agreement shall be set for a term of ten (10) years from and
after the date of its execution. City shall have no obligation
whatsoever to Developer upon expiration of the term of this
Agreement.
9. Attorney's Fees
In the event any action is commenced to enforce or interpret any
term or condition of this Agreement, in addition to costs and any
other relief, the prevailing party shall be entitled to reasonable
attorney's fees.
10. Entire Agreement
This Agreement contains the entire Agreement of the parties hereto
with respect to the matters contained herein, and supercedes all
negotiations, preior discussions and preliminary agreements or
undrstandings, written or oral. No waiver or modification of this
agreement shall be binding unless consented to by both parties in
writing.
22. Assignment •
This Agreement shall not be assigned without the written consent of
the parties hereto, and any assignment without consent shall be void
and ineffective.
WHEREFORE, this Agreement is executed this day of
, 1992.
READ AND APPROVED AS TO LEGAL
FORM AND CONTENT:
Clark Alsop or
Stephen P. Deitsch
City Attorney
Greg Hulsizer
Community Development Director
Jennifer Vaughn Blakely
Compliance Officer
Robert. Graham
Risk Management
CITY OF FONTANA Presley of Southern California
A Municipal Corporation
Jay M. Corey
City Manager
Notary
Name
Name
Title
- Ie
k
Beule+erd
Segment 1:
Segment 2:
Segment 3:
-. -
TN ..\ R • w `\/ -t meows NAME
1 .1
I I
% 5EC 2 MG 1 ,
\ -1 rmseE
•
I.::mo K:
MEOI AVENUE
EM/CM .+Es
SEE SHEET NO. 2
Arrow
VICINITY
E MAP
oOT SIx
Baseline Avenue and Beech Avenue to
Algeria Avenue
Algeria Avenue and Baseline Avenue
to Walnut Avenue (Highland/Haven)
Baseline Avenue and Algeria Avenue
to east boundary of Tract No. 12314
TENT
SEGMENT I
TR NO 14402�
SEE --S EET_ .
— ri
SEGMENT 2
AVENUE
•Is
eet I feLZ
a
A
4 12
$iv
K w �
a N
:I?
0
=W
WV1
o=
Lt
a
e•
2
x a a
O
j` • TRA NO. 1•'.00
_ �eee�ee�
•
i
a
a
1
SULTANA .VENUE
anon s.
LINE AVENUE
TRACT NO. 1090'-1
— SEE SHEET NO. 4
r 1IC 10 BECoNsioCCTE C. 13I-
mNE13 .`SEE 9E(1 NO. 5
AEIERI. .VENUE
SEGMENT 3
3
II M 13° 911Wrie MAIN a11TN rudest 11010
t, a0' ot4Nor est IAAa1N04♦)_
a �« ss alER M.' IN C sXTRA STRIMIGT)'
4. 1S• x G' LATERAL WYR
f• 21' se►✓•R MAIN CsxTRA eencaN6TM
• sax c'.vAT1OK/
m sblemoR3 • e-Ve 0R.ANRLDIW6 Ad APRiewevVor
4 CLfAR1NG A00 aR40OtrAs
111 G• x 4' RsDUC
11. PKWsGA-Tiles CtxawN 1-11•40
It. . •.. ON COa1 0 - - •
ITEM
1` .21" V•C.r. (tixTR* STRENeTM)
t GO• OISMS1ER MAIJW01.E
i 8' V.C.f $TuC
4. $AWCUT •a10 RIMOVe
" .C.P. wit PLua
_.et. n161
•
al. A •C. ?AVtMEWT
DATE: 6-18-92
SEGMENT 1: AMINE AVENUE AND BEECH AVENUE TO ALMERIA AVENUE
TOTAL
EXHIBIT "B"
ENGINEER'S • COST ESTIMATE CITY AND DEVELOPER ARE RESPONSIBLE
'FOR EACH SEGMENT OF THE MASTER PLAN OF SEWERS PROJECT.
Unit costs uaed herein are based either upon it
formation provided to Engineer by client or frc
the best available industry data at the time o1
preparation. Engineer assumes no reeponaibilit)
for the exactnsee of such unit prices in lithe:
'event.
ax1Bt A.C. P1°rrNeM
R -a • Tin
QUANTITY/UNIT
v. STtctrtNos
a TI J4 SHOISINt EgoeCieki Olt c1ssLD11Js11eMaimmia if isso
rt ,:La.R,�•o Awlo aRUSIw it
4. T14rrIC. a01J7eO4 so410,I1 !leafs MR11101RS t,N.l RRn10V wqr
9.t% % Li.
10 rP
63 Lr
4-14+3a Or
2: or
t 1816 Taws
6s
1 LS
1 IS
LS
UNIT PRIGS
70.°° Lr
3_ /
000.'° €�A
1.••/ sF
0°
O. 00 1.
LS
000. • 1A
45.'VTpt4
5yoa»/Ls
INCLUOCD
3. 000 "/LS
4 225.330,
SO. 000, °°
4. 0 75. °a
43.433 °0
10. 000. ••/ LS
1 ,00.0°
O.°0
3.000. pO
2,0 0.i4
53.3 25. °o
DEVELOPER RESPONSIBILITY
THIS CCNSTRUCT1.N S
OvulP.L-L• CIT,' MASTRR PLA-10 THAT P Lt-
O VELOPMC1.1T9 C0w1TRleuTE TONt6R0,
5s QQO. °o
3.000 "
10. 000-
SUB TOTAL
SEGMENT 2: ALMERIA AVENUE AND BASELINE_AVENUE TOIW�AT .UT.AVENTE (HIGHLAND/HAVEN)
ITEM QUANTITYLUNIT.
8S AL
LF 25 "° F $ 00
000 •• - - 000
O
t.3Ig L
480 LF
b
.i_ BOO GY
1 LS
I IS
o!' 1 J'
150.°•%A
75 °! 1/5~4
1.Z' 07'
IN cLu
3000.O0 iS
1_33„, 7
G. &Co, 0°
00
0
8" ScWalc
" MAN •LE O 2000... n 0 O• •.
8" SEWER 2313 I-Ir 8 25.•'/LF - 57,825,°O
4, 400, °0
7.123 °0
DEVELOPER RESPONSIBILITY.
_114 0150• °°
11 4-Cat
GT .b
3 000.0-
8' WYSS
8' sewo r
8" *hoes
88 Lr
4
44 Ga l Ica"/EA
283 LF Q 25 "'/LF
a EA s ioo.•'/CA -
4
1►v
LUG
1 NCLUDCU
INC LU0e17
3: BASELINE AVENUE
M
AND AL
1. GO' py..►.tsTSR 6.4PN1404-F
L se.aACut ♦a10 SSMOVE .a»O
d 18' 91-sWER KAIW CaxTRA silteW 01 H)
4 A.C. PAS
O.
2 a ao.
ERIA AVENUE TO EAST
UANTITY/UNIT UNIT PRICE NDA TR_ NO_ 10800
TOTAL
I ma $ 3,000. 5/EA 4 30DO.
LS
3 7
Gq2 L!F
54 TONS
s sTKtrtNG
i TRet e 4 meows A actLis of SMI 1.PIIJs MIO mwecoetroAtir Toler
• T TRAPrIC CO J1 L w RNING s.161..G $PRRIcAPES
ALL RELLTTO
I LS
LS
LS
000.
9. 17. OO
41,5520,'o
II �430. °O
1ono.00,45
INCLU0E17
oo0 . pDALS
4000.a°
3, 000.
92 5o
DEVELOPER RESPONSIBILITY
140TE! THIS CON S.M./CPO/kJ Is pAR
OF
OVEKAL-L. CITi' M'STE12 PLAN T►ie.T /►L_L
bEVE LOlo Erns CON TK10uTE
TOWARD
SUB -TOTAL
GRAND Trvre1
41, Cog 267 00
GGG,840.°°
q 2,350_°�
•
Page 2 of 2
Estimated Total Project Costs
Segment 1:
Segment 2:
Segment 3:
As of July 1, 1992
EXHIBIT 'B'
Design Engineering
Construction Cost
Construction Engineering
$ 17,053 (1)
$384,143
$ 38,000
$439,196
Developer Share 0.0% _ -0-
City Share 100.0% _ $439,196
Design Engineering
Construction Cost
Construction Engineering
Developer Share 43.3%
City Share 56.7% _
Design Engineering
Construction Cost
Construction Engineering
$ 19,320 (1)
$213,430
$ 21,000
$253,750
$109,874
$143,876
$ 3,081 (1)
$ 69,267
7 000
$ 79,348
Developer Share 0.0% _ -0-
City Share 100.0% _ $ 79,348
1. Design Costs advanced by Developer
Segment 1
Segment 2
Segment 3
Developer's Share
less prepaid design costs
Future estimate due
(1) Design costs advanced by Developer
$ 17,053
$ 19,320
$ 3,081
$ 39,454
$109,874
-39,454
$ 70,420
•
MEMORANDUM
CITY OF FONTANA
CALIFORNIA
TO: DEBBI TUCKER
SENIOR ADMINISTRATIVE AIDE
FROM: GREG HULSIZER
COMMUNITY DEVELOPMENT D
RE: PUBLIC HEARING ITEMS
DATE: AUGUST 5, 1992
Please remove the following public hearing item from the September 1, 1992, agenda and place
on the November 17, 1992 agenda.
1. Baseline/Almeria Sewer Construction/Environmental Documents
If you have any questions or concerns, please give Cindy Ousley a call at extension 6711.
GH:cao
cc: City Manager
Assistant City Manager
Deputy City Clerk
City Engineer
Administrative Analyst (W. Pinsak)
Attachment
Topics:
a*--felfr-/;.1,41114-19ne, e.
Attendees Requested: 4/
est.", a �
ttf
• •
MADOLE AND ASSOCIATES, INC.
Consulting Civil Engineering,
Land Planning and Surveying
1820 EAST SIXTEENTH STREET SANTA ANA, CALIFORNIA 92701
TO:
TRANSMITTAL
�7= 4t/T ft-
Oj / X S7 0 SUBJECT:
%r 9Z 33Y-OS/t
RECEIVED
JUL 2 3 1992
1114.835.254
CITY ENGINEER'S OFFICE
DATE: '7 W — ! Z JOB NO:/ Z- O
/'�: 5A c/iYc
1
motif
ATTEN : A7/5 ,*,CI , gfll/e7'L
The following items are transmitted by: Mail Messenger
Number Description
gXi /77>f 1 r elesl 6r/mom E
___==
The above items At your request ?O For your review
are transmitted: For your approval For your action
For your files For your information
__--=-____-__
General Remarks:
Copies To: 5.11,52M-
Signed By:
DATE: 6-18-92
`/% I I I ILJ 1 I IJ
ENGINEER'S COST ESTIMATE CITY AND DEVELOPER ARE RESPONSIBLE
FOR EACH SEGMENT OF THE MASTER PLAN OF SEWERS PROJECT.
rormetion provieee to engineer Dy client ur rrum
the beet available industry data at the time of
preparation. Engineer assumes no responsibility
for the exactness of such unit prices in either
'event. S4
Or.UIv'ICPsi 1: .)AVL.-....- •-••.-•-va- •-••-v ."r
ITEM
.-v.- .----___ - _
* ANTITY/UNIT
___
UNIT PRICE
_-
TOTAL
1 DEVELOPER RESPONSIBILITY
I. 2I" V.C.r. (EXTRA STReNOTN)
3 210'1 LF
70.`" L
! 22 30 00
2. GO" DIAMETER MANHOL.E
O
OOO. °° E •
0 ()Pal , 00
3 :" V.C.P. S US
-
2.°° L
2 0 °O
I
SAwcur AND REMOve exist ,A.C. P-V>;M -
•0. a
" SF
43 O°
1
13" V.C.P. WI?µ PLUG 1RA STRENGTH.
2; LF
0.°o L-
1 00.°O
•
a. ';^ V.C.P. A 5T9terJGTI4)
-
GO.°O L
580.0°
NO , T141S CONSTRUC T1.N IS -,..Ft of
R oVe M OLS r CXLST. ;"V•e.P. sews• 5
I L9
3 000," LS
3 000. pO
OVER,44LL. C e MA•6TEfe - ...•N THA A.L.L-.
- . •
8. E i OLE
-
2 000.°'
.. sO
►E ELOPMC 3 CON i- I3UTE TOWA12O,
r
53 25 p°
• P VEMENT
. Tolt.
.0
to. 5 Na
LS
.0.O°
•00 e°
NCI.UOeD
-
I• - C 8._^ 1NG - N6 OR C,1 01 a if:2==
LS
is
2 A,n 10 uDe9JG,
3 000,' LS
000.°
-
13 1e. Cora I oL WARNING -.OJS SW .CAGES AL MAW '3
1 LS
10 000 •• LS
10 000-
SUB T e TA.
8 4,1 • 3."
• .i
SEGMENT 2: ALMERIA AVENUE AND BA
ELINE_AVENUE TO WALNUT 'AVENUE.
(HIGHLAND/HAVEN)
ITEM
QUANTITYLUNIT:
UNIT PRIGE
TOTAL
D E V E LOP ER RESPONSIBILITY.
B" 9BWE1C MEIN wllTi+ pima Ewa
80 LF
25b1 LF
2.200.°O
8" S.WCR 88 LF 4 25,°°/L. • 2 200.Q°
GO" DWMST1aR MAwHOt
10 EA
3(00." ,
,OOO 00
48' MANHOLE 1C) EA 6 2cco." EA = 20 000.°
6 18" esweR MAIN C wile" sigunkIGTH)
L•313 1-F
60.° /IF
138, 780, °'
8" SEWER 2313 LF N 25'°/LF 57, 825. eo
t. 18' x G' I-PTVGai- Wye
44 W.
150.°'/EA
G-&CC,pe
8" WYEs EA ICQ°°/E11 �400 eo
�• 21" SCWIeR MI►1NCtXrteA 9TReNGsi--
2�3 LF
70.°°/LF
I6Lq_50•oo
$" SEWER 285 LF e 25.°• LF 7J25.ee
2L• % " L A w
8 EA
1-75.°°/EA
I 4-05. O
8^ WYES S EA o 100.•°/EA - S00.°0
Z GXc.a.v& TI0►J
4.800 GY
1.25/CY
G,OCO.'°
1NCLU17D
9. 70.1 49NOWN3 /Swapj; °R.S}IIEsiNG "TO APRJRRµa►7f MWC
I LS
INCLUpED
1NCLl.1DCb
T. CLEARING ♦►ID aRu681NG
1 Ls
3000.°D LS
3,000.°e
INCLutoe7
° 6" x 4' RSDUCsit
5 2 PAL
Pj 0. °• A
2 C000. 00
1• PRnVe GATCS Cc►wN '-INLCi
2 EFA
450.° // _
qC0. 00
2• 3=R0510N coWT12OL. adworlA•QS
I LS
2.00o.,0/L5
I_ OCO.°O
SUBTOTAL
$ 2 13,430.°°
• $ 92,350.°'
3• BASELINE AVENUE AND ALMERIA AVENUE TO EAST BOUNDARY
OF TR- NO-
_
10800 -
.SEGMENT
ITEM
QUANTITY/UNIT
UNIT PRICE
.
DEVELOPER RESPONSIBILITY
SN • OO^ DIAMCTR MPHOLE
1 EA
4
$ '3, 000. %
�T{OTAL
1r 3Coo. p0
a.INcu/ .00 REMOVE AwDRltpl.ACE Met A.0 PAveMEwr
'017 Sr
I .*V 5'r
9,317.0°
NOTE! -Nu cop GTRUcT10N Is p j OF
► I8"" SEWER LIMN CexTRA STReNaTH%
O2 LF
60p0/LF
41, 520. 0O•
OVEKALL CITY MASTS �L.AhI 7-44T ALL
¢. A.C. PP►'EMeNT
254 TONS
45.6°/TDNI
II,43O•°O
IDEVELOPMEN'." CONTK1r5uTE Tow.a120
i STKLfING
I LS
I,000,°°/LS
I000.o°
'. . TR¢NCH SHcowa 8ito.clut, oft spireuma1G *Jo Ai'Pta1R,TJ. Jt tR14:
I LS
INCLU0Q)
.
' TRAFric CONTI?OL WPF NING 81GU5 OARRIUbES AND
1 LS
3, 000 . po.L s
3, 000. op
ALL 12ELCTEO WORK
-
��
SUBTOTAL
4 Coc1,2G7.°o
GRAND TOTAL
It. 6r°G.,840.o.
q 2,350 °°
O O • T n; r D 0 D O m e
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100
CITY OF FONTANA
California
MEMORANDUM
TO: MAGGIE PACHECO, REDEVELOPMENT PROJECT COORDINATOR
FROM: BOB WEDDLE, CITY ENGINEER
RE: BASELINE/ALMERIA SEWER PROJECT (071-7243)
DATE: JULY 28, 1992
As requested, this is to provide you an approximate schedule for constructing
the Baseline/Almeria Sewer Project that will make Highland/Haven sewers
functional.
This project was approved by the City Council in the FY 92/93 budget in an
amount of $914,846 from the Sewer Capital Fund (less final adjustments for
furlough and additional internal service charges approved by Council).
The project plans and specifications are complete; however, the City does not
have any permanent nor temporary construction easements to build the sewer
through recorded Tract No. 12314 (Presley). The City's rights via the final
map in this tract's streets are "subject to improvement" and the tract's
streets are undeveloped pending resolution of the North Fontana
Infrastructure Program and market conditions.
Negotiations with Presley Company have been progressing favorably these past
few weeks for obtaining separate sewer easements along the proposed sewer
alignment.
The Presley people have indicated a willingness to grant the City the
easements subject to resolving a number of related and non -related items
dealing with the development of their property. These items, in summary,
are:
1. Sewer Reimbursement Agreement
2. Detention Basin (Presley may file for a design review for Planning
Commission approval to resolve some legal and policy issues).
3. Potential of Highland/Haven Project Area contributing to the cost of
upsizing the detention basin to accommodate Phase II of the proposed
Highland/Haven Construction Program's additional runoff.
4. Master Plan of Drainage Reimbursement (new issue). Presley is requesting
that their mainline storm drain to the detention basin be considered for
reimbursement by the Storm Drain Fund (038). Meetings will be held on
this topic this week.
Memo to Maggie Pacheco
July 28, 1992
Page Two
Upon resolution of these issues and any potential new ones the Engineering
Division will request City Council authorization to bid, approval of the
project environmental documents, approval of the Sewer Reimbursement
Agreement and acceptance of the easements.
A proposed schedule follows that keys off of internal approvals of the City
Attorney and Risk Manager, et.al., sign off of the reimbursement agreement.
1. Prepare Council Report and Schedule Public Hearing/
Meeting for Project
2. Bid period including bid opening
3. Prepare Council report for award including
Council meeting
4. Execution of contract documents and scheduling
preconstruction meeting and issuing Notice to Proceed
5. Contractor orders materials and constructs project
(includes street closure of Baseline Avenue)
TOTAL
3-5 weeks
4-6 weeks
3 weeks
2-3 weeks
12-16 weeks
24 to 33 weeks
Should the City consider alternate alignments or the potential of acquiring
right of way following normal purchasing procedures for retaining appraisers,
real property agents and attorneys, it could add a minimum of five to nine
months to the above schedule.
At the present time, the Presley people are negotiating in good faith;
therefore, staff would not at this time recommend the alternate program due
to its significant costs.
Should you have any questions, please call.
RWW:sh
cc: Community Development Director
RDA/Housing Manager
Building and Safety/Planning_ Manager
Principal Engineer/Capital Improvements ;
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• •
City of Fontana
CALIFORNIA
June 2, 1992
Mr. Steven Jones
Project Manager
Presley of Southern California
19 Corporate Plaza
Newport Beach, CA 92660
RE: Sewer Reimbursement Agreement
Dear Mr. Jones:
Please find enclosed the draft Master Plan of Sewers System
Reimbursement Agreement that was recently updated by the City
Attorney's office for your firm's review.
As discussed at our June 1, 1992 meeting, your firm will supply the
cost estimates and suggested cost split as noted in the agreement and
the detailed cost breakdown for Exhibit "B". The Presley portion at a
minimum is responsible for the costs of an eight -inch line regardless
of flow contribution to the larger master planned line for segments 2
and 3 as defined in the draft agreement. Your expeditious review is
appreciated so that the .construction of the Baseline/Almeria sewer
project can proceed this summer.
Please contact the undersigned should there be any questions. If your.
firm's legal counsel has any concerns as to the text, counsel should
contact Mr. Steven P. Deitsch of Best, Best & Krieger, City Attorney,
to resolve those issues.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
Robert W. Weddle, P.E.
City Engineer
RWW:sh
Enclosure
cc: Community Development Director
Principal Civil Engineer/Land Development
Princcpal Civil Engineer/Capital Improvements
Redevelopment Coordinator
8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7800
SISTER CITY - KAMLOOPS, B.C. CANADA
• DRAFT
MASTER PLAN OF SEWERS SYSTEM REIMBURSEMENT AGREEMENT
This Agreement is made and entered into this day of
, 1992, by and between the City of Fontana
("City"), a municipal corporation, and Presley of Southern
California ("Developer"), a California Corporation.
REgITAL
WHEREAS, Developer owns certain real property known as Tract
No. 12314 and Tract No. 10800, located within the City (the
"Tracts"); and
WHEREAS, As part of the Master Plan of Sewers Capital
Improvement Program (CIP), City has planned and budgeted the
construction of the Baseline Sewer from the current terminus of the
Master Plan of Sewers System at the intersection of Baseline Avenue
and Beech Avenue, within Baseline Avenue to Almeria Avenue; and
WHEREAS, Developer desires to design, construct and install an
extension of City's Master Plan of Sewers System for the purpose of
providing sewer services to the Tracts; and
WHEREAS, City and Developer's foregoing sewer projects are
jointly referred to herein as the "Master Plan of Sewers Project";
and
WHEREAS, Developer as a part of the development of the Tracts
is required to construct the Master Plan of Sewers Project within
and adjacent to the Tracts and said construction as a part of the
Master Plan of Sewer System will benefit other property owners; and
WHEREAS, Developer and City recognize that it is in their
mutual interest to coordinate the design, construction and
installation of the Master Plan of Sewers Project to serve the
City's Master Plan of Sewers System and the Tracts so as to
efficiently implement City's overall Master Plan of Sewers System
and to avoid duplication of facilities; and
WHEREAS, Developer's required construction of Master Plan of.
Sewers System facilities provides supplemental capacity for other
property owners, thereby benefitting other properties; and
WHEREAS, Section 26-57 et sea., of the Code of the City of
Fontana provides that the City may reimburse a Developer for
upsized sewer extension improvements constructed by the Developer
which benefit other property owners upon payment of other sewer
connection fees from other owners of property;; and
WHEREAS, Developer proposes to construct the sewer lines for
the Tracts and subsequently be reimbursed from City's sewer fund;
and
GC$17527
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WHEREAS, Developer's construction of sewers for Segment 3 and
all in -tract sewers for the Tracts has been on hold pending City's
implementation of a North Fontana Infrastructure Program with a
commensurate financing program but City and Developer now desire to
go forward with construction of the Master Plan of Sewers Project
notwithstanding the status of this Program; and
WHEREAS, City proposes to construct two of the three master
planned sewer line segments of the Master Plan of Sewers Project as
noted herein in order to provide the Master Plan of Sewers System
facilities to that area of land known as the Highland/Haven tract;
and
WHEREAS, Developer acknowledges its responsibility for repay-
ment to City for constructing those facilities required by the
Tracts that are part of a standard local sewer system.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, City and Developer hereby agree as follows:
Agreement
Definitions
"Agreement" shall mean this "Master Plan of Sewers System
Reimbursement Agreement" between the City of Fontana and
Presley of Southern California, a California Corporation.
"City" shall mean the City of Fontana.
G0417527
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"Developer" shall mean Presley of Southern California.
"Facsimile Bid Package" shall mean a bid package prepared
by the
pursuant to all applicable state and local
regulations relating to public works projects and used by
the Developer to bid construction of Segment 3.
"Local system cost" shall mean the cost of constructing
a sewer system with pipe of up to 8" in diameter.
"Lowest responsible bidder" shall have the meaning given
the term in California Public Contracts Code Section
2000.
"Master Plan of Sewers Project" shall mean the
construction of three segments described as follows and -
delineated in Exhibit A.
"Segment 1" shall mean that portion of the Master Plan of
Sewers Project sewer system proposed to be constructed
from Baseline Avenue and Beech Avenue to Almeria Avenue.
"Segment 2" shall mean that portion of the Master Plan of
Sewers Project sewer system proposed to be constructed
from Almeria Avenue and Baseline Avenue to Walnut Avenue
(Highland/Haven).
"Segment 3" shall mean that portion of the Master Plan of
Sewers Project sewer system proposed to be constructed
from Baseline Avenue and Almeria Avenue to the east
boundary of Tract No. 12314.
"Tracts" shall mean Tract No. 12314 and Tract No. 10800
owned by Developer and located within the City.
GC"17527
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"Upsizing" shall mean any sewer system constructed with
sewer pipe greater than 8" in diameter.
1. Master Plan of Sewers Project
1.01 The Master Plan of Sewers Project to be constructed
shall be divided into three segments as follows and as
delineated in "Exhibit A":
1. Segment 1: Baseline Avenue and Beech Avenue to
Almeria Avenue
2. Segment 2: Almeria Avenue and Baseline Avenue
to Walnut Avenue (Highland/Haven)
3. Segment 3: Baseline Avenue and Almeria Avenue
to east boundary of Tract No. 12314
1.02 Developer has commenced design upon all three Segments
of the Master Plan of Sewers Project; however the funding
responsibility for each segment is apportioned as follows:
City Developer
1. 'Segment 1: 100.0% 0.0%
2. Segment 2: Upsizing cost Local system cost
3. Segment 3: Upsizing cost Local system cost
1.03 City shall finish and sign off on design of Segment 1
and 2 upon execution of this Agreement and shall put out for
bid a contract for construction of sewers for Segment 1 and 2
GCM17527
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for award to the lowest responsible bidder within a reasonable
period of time following execution of this Agreement.
1.04 Developer shall complete design of Segment 3 prior to
obtaining its first building permit for Tract 12314 and shall
put out for bid a contract for construction of sewers for
Segment 3 for award to the lowest responsible bidder by the
same procedure used by the City to bid Segments 1 and 2 but
using a Facsimile Bid package as approved by the City Engineer
and shall follow all applicable City procedures for the
processing of the bid. The City Engineer shall approve the
proposed award of the contract to the lowest responsible
bidder after review by the City Attorney no later than prior
to issuance of the first building permit for Tract No. 12314
(Recorded 12-10-90). This shall be accomplished
notwithstanding the status of the construction of Segments 1
and 2. If any default by Developer occurs on any action
required under this Section 1.04, Developer and City agree
that the Payment Bond and Performance Bond as described in
Section 4.03 shall cover any and all expenses and costs
incurred by such default pursuant to the terms of Section
4.03.
1.05 City and Developer for their respective Segments as set
forth in Sections 1.03 and 1.04 shall be solely responsible
for securing appropriate bids and awarding the contract for
GCM17527
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construction of the sewer segments in compliance with all
applicable federal, state and local laws.
1.06 Developer shall defend, indemnify and hold City free and
harmless from any and all claims, actions or liability
whatsoever, including attorney's fees arising out of or in
connection with Developer's securing of bids and award and
performance of the contract for the construction of sewer
Segment 3.
1.07 City shall defend, indemnify, and hold Developer free
and harmless from any and all claims, actions or liability -
whatsoever, including attorney's fees, arising out of or in
connection with City's securing of bids and award and
performance of the construction of sewer Segments 1 and 2.
1.08 City and Developer shall have the right at all times to
inspect the construction of either entity's construction
project to ensure conformity with plans and specifications and
applicable state and local laws and regulations.
2. Costs of Construction
2.01 Developer's and City's engineers have estimated that the
total costs of the design, construction and inspection of the
sewer project and that the proportionate share of such
estimated cost is:
G0117527
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• •
City's Developer's Total
Share Share Cost
Construction
Authority
Segment 1 0.00 City
Segment 2 City
Segment 3 Developer
Exhibit "B" attached hereto provides a detailed projected cost
breakdown. The maximum reimbursement available to Developer for
construction of the Master Plan of Sewers Project is
$ , unless City by formal action of the City Council,
approves a higher amount.
2.02 For Segments 1 and 2, City will require progress reports
and billings every 3 days from the contractor
performing construction of Segments 1 and 2 of the Master Plan
of Sewers Project. Upon receipt of such progress reports and
billings, City shall be solely responsible for determining
their accuracy.
2.03 For Segment 3, Developer will require progress reports
and billings from the contractor performing construction of
Segment 3 of the Master Plan of Sewers Project. Upon receipt
of such progress reports and billings, Developer shall be
solely responsible for determining their accuracy.
Notwithstanding the provisions of this Section 2.03, City
shall have the right to audit Developer's books to ensure its
compliance with all applicable state and local laws and
regulations.
GCN17527
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• •
3. Terms of Reimbursement
3.01 City shall pay to Developer City's proportionate share
of the actual costs for Segment 3 based upon actual costs but
otherwise as generally provided in Section 2.01 within thirty
(30) days following the recording of the notice of completion
of Segment 3 and submittal of an itemized bill for costs
incurred.
3.02 Developer shall pay to City Developer's proportionate
share of the actual costs for Segment 2 less design funds
advanced by Developer for Segment 1, based upon actual costs -
but otherwise as generally provided in Section 2.01 and
Exhibit "B", within thirty (30) days following the recording
of the notice of completion of Segment 2 or prior to issuance
of the first building permit for Tract No. 12314, whichever
event occurs last. City shall provide Developer an itemized
bill for costs incurred.
4. Indemnification Insurance
4.01 Developer shall defend, indemnify and hold City, its
elected officials, officers, employees, and agents free and
harmless from any and all liability from loss, damage, or
injury to or death of persons or damage to property in any
manner arising out of or incident to Developer's performance
of this Agreement, including without limitation all
GCM17527
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consequential damages and attorney's fees, whether or not such
liability resulting from the negligence of Developer or
Developer's officers, employees, contractors, subcontractors
or agents. This indemnity shall not extend to any claim
arising out of the sole negligence of the City.
4.02 Developer shall obtain, at its own cost, a policy or
policies of liability insurance of the type and in the amounts
described in this Section 4.02 and in a form and substance
satisfactory to the City Attorney. Such policies signed by a
person authorized by the insurer to bind coverage on its
behalf must be filed with the City prior to exercising any
right or performing any construction work pursuant to this
Agreement. With the exception of coverage for worker's
compensation, City, its elected officials, officers, and
employees shall be added as insured on all policies required
under this Agreement.. Developer's insurance coverage shall be
primary insurance as respects City, its elected officials,
officers, and employees. Any insurance or self-insurance
maintained by City, its elected officials, officers and
employees shall be in excess of Developer's insurance and
shall not contribute to it.
4.02.1 Prior to commencing any construction work here-
under, Developer shall provide certificates of insurance with
original endorsements on the City's own endorsement forms, and
copies of policies, if requested, of the following insurance
G0417527
-10-
•
•
with Bests' Class or better carrier admitted to and
authorized to issue insurance in the State of California:
a. Worker's Compensation Insurance covering all
employees and principals of Developer, in at least the minimum
amount as required by state law, effective under the laws of
the State of California.
b. Commercial General Liability Insurance covering third
party liability risks, including contractual liability, in a
minimum amount of $1 million combined single limit per occur-
rence for bodily injury, personal injury, and property damage.
If commercial general liability insurance or other form with
a general aggregate limit is used, either the general aggre -
gate shall apply separately to Developer's Segment 3 of the
Master Plan of Sewers Project or the general limit shall be
twice the occurrence limit.
c. Commercial Auto Liability and Property Insurance
covering any owned and rented vehicles of Developer in the
minimum amount of $1 million combined single limit per
accident for bodily injury and property damages.
4.02.2 Said policy or policies shall be endorsed to
state that coverage shall not be suspended, voided, canceled
by either party, or reduced in coverage or in limits except
after thirty (30) days prior notice has been given in writing
to City. Developer shall give to City prompt and timely
notice of any claim made or suit instituted arising out of
Developer's operations hereunder. Developer shall also
procure and maintain, at its own expense, any additional kinds
GC1417527
-11-
• •
and amounts of insurance which in its own judgment may be
necessary for its proper protection in the prosecution of the
work.
4.02.3 Developer shall include all contractors and
subcontractors as insured under its policies or shall furnish
to City separate certificates and endorsements for each
contractor or subcontractor prior to commencing any work unto
this Agreement. All coverage for such contractors and
subcontractors shall conform with the insurance requirements
stated herein.
4.03 The contract documents prepared by Developer and sub
mitted to City for its approval shall also require Developer's
contractor to provide City with a Payment Bond and a
Performance Bond each in an amount equal to the total contract
amount for Segment 3 of the Master Plan of Sewers Project to
be constructed in accordance with this Agreement to guarantee:
(1) that contractor and its subcontractors of every tier will
pay all amounts owed to subcontractors, material suppliers,
workers and equipment renters and, (2) that contractor will
perform all obligations under this Agreement. The bonds shall
be furnished by a surety company satisfactory to City on forms
acceptable to City, and shall name City and Developer jointly
as obligees. A surety company, to be acceptable to the City,
must be authorized to do business and have an agent for
service of process in California. City must also be satisfied
GCM17527
-12-
that the surety company has sufficient assets and net worth to
honor the Payment Bond and Performance Bond.
If at any time, a surety on such bond is declared a
bankrupt, loses its right to do business in the State of
California for any reason, or is removed from the list of
surety companies accepted on federal bonds, Developer's
contract with its contractor shall require the contractor
within thirty (30) days after notice from City, to substitute
acceptable bonds in such form and sum and signed by such other
surety or sureties as may be satisfactory to City, in City's
sole discretion. All premiums on any performance or payment -
bonds required by this Agreement shall be paid solely by
Developer or its contractor.
The Performance Bond and Payment Bond shall remain in
effect for a period of one year after the City Council has
accepted the Master Plan of Sewers Project to secure
Developer's guarantee covenant, and the City may draw on the
bond during said time to satisfy Developer's said covenant.
Developer's contract with its contractor shall provide
that in the event of termination or cancellation of any
insurance or security required by the contract, the contractor
shall have fifteen (15) calendar days following receipt of
written notice from either City or Developer to provide
replacement insurance or security which satisfies the require-
GCM17527
-13-
ments of the contract; and that failure to provide such
replacement insurance or security shall constitute a material
breach of the contract and shall entitle Developer to make
alternative arrangements for completion of performance. In
the event that City provides the fifteen (15) day written
notice, a duplicate copy of the notice shall be provided to
Developer. Upon expiration of said fifteen (15) day period,
Developer shall have an additional period of thirty (30)
calendar days to engage the services of an alternate
contractor, who shall obtain such insurance and security to
complete construction of Segment 3 of the Master Plan of
Sewers Project. Failure of the Developer to engage the
services of an alternate contractor within said thirty (30)
day period to complete construction of Segment 3 of the Master
Plan of Sewers Project shall constitute a material breach of
this Agreement entitling City to unilaterally terminate this
Agreement and pursue such other legal or equitable remedies as
may be available.
4.04 City shall defend, indemnify and hold Developer, its
officers, employees and agents free and harmless from any and
all liability from loss, damage or injury to or death of
persons or property in any manner arising out of or incident
to City's performance of its responsibilities under this
Agreement, including without limitation all consequential
damages and attorney's fees, whether or not resulting from the
negligence of City or City's agents. This indemnity shall
G0117527
-14-
extend to any claims arising because City has failed to secure
any necessary easement, land right, contract, and approval,
but shall not extend to any claim arising out of the
negligence of the Developer.
4.05 Developer acknowledges City will surplus excavated earth
material from construction of Segment 1 and 2 of the Master
Plan of Sewers Project at the agreed upon location within
Tract No. 12314, pursuant to the applicable Codes of City and
City shall defend, indemnify and hold Developer harmless from
any and all liability from loss, damages or injury to or death
of persons or property in any manner arising out of or
incident to City's contractor placing the uncompacted
excavated earth material on Developer's property, including
without limitation all consequential damages and reasonable
attorney's fees, unless such action arises out of the
negligence of Developer, Developer's contractors or
subcontractors. Such material shall become the property of
Developer upon completion of work.
5. Commencement of Construction and Inspection
Developer shall not permit its contractor to commence
construction of Segment 3 of the Master Plan of Sewers Project
until Developer has received written authorization from the
City Engineer or his/her designee to proceed. All work
performed on Segment 3 of the Master Plan of Sewers Project
GCM17527
-15-
shall be done in strict compliance with the approved plans,
specifications and contract documents and in a good and
workmanlike manner. All work performed by Developer's
contractors or agents to construct Segment 3 of the Master
Plan of Sewers Project shall be subject to inspection by
City's designated representatives, and the Developer shall
require its contractor or agents to comply with all
instructions given by City's representatives during
construction of the work. All fees and costs to construct
Segment 3 of the Master Plan of Sewers Project that are not
listed as a category in the cost breakdown pursuant to
Section 2.01 of said Agreement shall be borne solely by
Developer. Notwithstanding the provisions for inspection
provided in this Section 5, inspection by City shall not
relieve Developer of its liability for design defects or
improper or inadequate workmanship.
6. Compliance with Applicable Law
Developer shall insure that all work performed on Segment 3 of
the Master Plan of Sewers Project is performed in a manner
which complies with all applicable federal, state, county and
local government laws, regulations and rules, including all
rules and regulations of City, as these rules and regulations
may be modified or changed from time to time including
awarding work to the lowest responsible bidder.
Gc M17527 -16-
• •
7. Prevailing Wages
Developer recognizes the requirements of California Labor Code
Section 1770 gt sea., which require the payment of prevailing
wage rates and the performance under certain circumstances of
other requirements . Developer agrees to hold City and its
officers, employees and agents harmless from any claims of
liability including without limitation attorney's fees,
arising from any failure or alleged failure to comply with any
and all applicable provisions of the Labor Code. Developer
shall provide proof of prevailing wage compliance upon written
request by City.
8. Contractor Licenses
All work performed on Segment 3 of the Master Plan of Sewers
Project shall be done only by contractors licensed to perform
the type of work required in the State of California. In
accordance with Business and Professions Code Section 7059(b),
City shall determine the license classifications necessary to
perform the work. Developer shall not permit any work to be
performed until Developer has obtained these license
classifications from City, and until Developer has secured a
contractor or contractors meeting these license requirements
and presented, evidence of such appropriate licenses to the
City.
GC/417527
-17-
9. Acceptance of Work
Upon completion of Segment 3 of the Master Plan of Sewers
Project to the satisfaction of City, Segment 3 of the Master
Plan of Sewers Project shall be presented to City Council for
acceptance, and for authorization to file a Notice of
Completion. City Council will accept Segment 3 of the Master
Plan of Sewers Project if City determines that Segment 3 of
the Master Plan of Sewers Project was constructed in
accordance with the approved plans, specifications and
contract documents and if all other requirements of this
Agreement have been satisfied. Upon acceptance of Segment 3
of the Master Plan of Sewers Project, Developer shall assign
to City all of Developer's rights and remedies, including
warranties, as set forth in the approved contract documents
and thereafter City shall have the same recourse under said
contract documents that City would have had if City itself had
engaged Developer's contractor to construct the work.
10. Liability for Work Prior to Formal Acceptance
Until the City Council has formally accepted the work
performed for Segment 3 of the Master Plan of Sewers Project
in accordance with this Agreement, Developer shall be solely
responsible for all damages to the work, regardless of cause,
and for all damages or injuries to any person or property at
GCM17527
-18-
• •
the work site, except damage or injury due to the sole active
negligence of City, its agents or employees.
11. Guarantee
Developer shall guarantee all work and materials for Segment 3
of. the Master Plan of Sewers Project to be free from all
defects due to faulty materials or workmanship for a period of
one (1) year after the date of formal acceptance of the work
by City. Developer shall repair or remove and replace any and
all such work, together with any other work which may be
displaced in so doing, that is found to be defective in
workmanship or materials within the one (1) year period,
without any expense whatsoever to City, ordinary wear and tear
excepted. In the event Developer fails to comply with the
above -mentioned provisions within one (1) week after being
notified in writing, City shall be authorized to proceed to
have the defects remedied and made good at the sole cost and
expense of Developer, who shall be contractually bound to pay
the costs and charges therefore immediately upon demand. Such
action by City will not relieve Developer of the guarantee
required by this Section. This Section shall not, in any way,
limit the liability of Developer or any other party for any
design or construction defects in the work subsequently
discovered by City.
GCM17527
-19-
• •
12. Record Drawings
Prior to acceptance of the work by the City Council, Developer
shall update the original drawings on file with City to
"Record Drawing" status via Developer's licensed civil
engineer who along with Developer shall acknowledge the
accuracy and completeness of these drawings. Developer shall
be solely responsible and liable for insuring the completeness
and accuracy of the record drawings.
13. Ownership of Work
From and after acceptance of Segment 3 of the Master Plan of
Sewers Project by formal action of the City Council, ownership
of work shall belong exclusively to City.
14. Approval of Sewer Costs
Upon completion of all three segments of the Master Plan of
Sewers Project and final acceptance of the Master Plan of
Sewers Project, Developer shall, within thirty (30) days
provide City with an itemized bill showing all reasonable fees
and costs incurred by Developer to design Segment 1 and 2 and
to design and construct Segment 3 of the Master Plan of Sewers
Project, including but not limited to, all costs referred to
in this Agreement as being borne solely by Developer. Such
reasonable costs shall be limited to the costs of acquiring
GCM17527
-20-
• •
necessary land and easements, administrative expenses
associated with the Master Plan of Sewers Project, permit
fees, and any other associated costs directly and necessarily
related to the design and construction of the work excluding
the costs of borrowed funds and bonding costs. Developer
agrees to provide City with monthly cost bills evidencing
costs incurred. Developer also agrees to provide City with
any additional information as to any items shown on the cost
bill as requested by City's representative from time to time.
Following completion of the analysis, City shall advise
Developer in writing of any fees or costs shown on the cost
bill that City will disallow and the reason why these items
are being disallowed by City. Only those design and
construction costs approved by City, in its sole discretion,
will be allowed for reimbursement in accordance with this
Agreement.
Upon completion and acceptance of Segments 1 and 2 of the
Master Plan of Sewers Project, City shall within thirty (30)
days provide Developer with an itemized bill showing all costs
and fees for City to complete design and to construct
Segments 1 and 2 of the Master Plan of Sewers Project,
including but not limited to, all costs referred to in this
Agreement as being borne solely by City. Such reasonable
costs shall be limited to costs of acquiring necessary land
and easements, administrative expenses associated with
Segments 1 and 2 of the Master Plan of Sewers Project, permit
Ga117527
-21-
• •
fees and any other associated costs directly and necessarily
related to the design and construction of the work. City
agrees to provide Developer with access during normal business
hours to review City's cost records. City agrees to provide
Developer with all reasonable information so as to assign
costs to the work. Following completion of Developer's review
of City's costs and cost records, Developer shall advise City
in writing of any fees or costs that Developer disagrees with
and the reasons why these items are being challenged by
Developer. Only those final design and construction costs
that City approves in its reasonable discretion will
constitute the final amount Developer reimburses City in -
accordance with this Agreement.
17. Termination
In the event that Developer defaults in the performance of any
of its obligations under this Agreement, or materially
breaches any of the provisions of this Agreement, City shall
have the option to terminate this Agreement upon written
notice to Developer.
18. Notice
All notices permitted or required under this Agreement shall
be deemed made when delivered to .the applicable party's
representative as provided in this Agreement. Such notices
GCM17527
-22-
shall be mailed or otherwise delivered to the addresses set
forth below, or at such other addresses as the respective
parties may provide in writing for this purpose:
City
City Manager
City of Fontana
P. O. Box 518
Fontana, CA 92334-0158
Developer
Presley of Southern California
Such notice shall be deemed made when personally delivered or
when mailed, forty-eight (48) hours after deposit in the U.S.
Mail, first class postage, prepaid and addressed to the party
at its applicable address.
19. Term
This Agreement shall have a term which expires ten (10) years
from and after the date of its execution. City shall have no
obligation whatsoever to Developer upon expiration of the term
of this Agreement.
20. Attorney's Fees
In the event any action is commenced to enforce or interpret
any term or condition of this Agreement, in addition to costs
and any other relief, the prevailing party shall be entitled
to reasonable costs and attorney's fees.
GOO 7527
-23-
21. entire Agreement
This Agreement contains the entire Agreement of the parties
hereto with respect to the matters contained herein, and
supersedes all negotiations, prior discussions and preliminary
agreements or understandings, written or oral. No waiver or
modification of this Agreement shall be binding unless
consented to by both parties in writing.
22. Assignment
This Agreement shall not be assigned without the written -
consent of the parties hereto, and any assignment without
consent shall be void and ineffective.
GCM17527
-24-
WHEREFORE, this Agreement is executed this day of
APPROVED AS TO
FORM:
, 1992.
DRAFT
Clark Alsop or
Stephen P. Deitsch
City Attorney
This document is the true and
complete document approved by
City Council on , 1992.
DRAFT
Linda S. Nunn
Deputy City Clerk
DRAFT
Greg Hulsizer
Community Development Director
DRAFT
Jennifer Vaughn Blakely
Compliance Officer
DRAFT
Risk Management
GCM17527
-25-
CITY OF FONTANA Presley of Southern California
A Municipal Corporation
Jay M. Corey
City Manager
Name
Title
ATTEST: Notary
Kathy Montoya Name
City Clerk
GCN17527
-26-
EXHIBIT "A"
PROJECT MAP
GCM17527
EXHIBIT "B"
•
Engineer's cost estimates City and Developer are responsible for
each segment of the Master Plan of Sewers Project.
GCM17527
CITY OF FONTANA
California
MEMORANDUM
TO: BOB MEDDLE, CITY ENGINEER
FROM:. MAGGIE PACHECO, REDEVELOPMENT PROJECT COORDINATOR
SUBJECT: TITLE POLICY - LYNCH EASEMENT DEEDS - HIGHLAND HAVEN
PROJECT
DATE: MAY 26, 1992
Attached, you will find copies of the title policies for the two
Lynch easements for your files.
MP:pd
cc: Principal Engineer/Capital Improvements(F_._Moli.nos)
Chicagottle
625 Carnegie Dr., Suite 100, San Bernardino, CA 92408 (714)884-0448 /1-800-722-0824
MARCH 9, 1992
CITY OF FONTANA
8353 SIERRA AVENUE
P.O.BOX 518
FONTANA, CALIFORNIA 92334-0518
ATTN: MAGGIE PACHECO
RE: ESCROW NO. 12220-35
DEAR MAGGIE,
IN CONNECTION WITH THE RECORDATION OF YOUR ESCROW WE HAVE ENCLOSED HEREWITH
YOUR TITLE POLICY OF TITLE INSURANCE.
SHOULD YOU HAVE ANY QUESTIONS REGARDING THE ENCLOSED, PLEASE CONTACT OUR
OFFICE.
THANK YOU FOR ALLOWING US TO HANDLE THIS TRANSACTION FOR YOU. WE HOPE WE MAY
SERVE YOU AGAIN FOR ANY OF YOUR FUTURE TITLE AND ESCROW NEEDS.
Y,
SUZIE MORRIS
CERTIFIED SENIOR ESCROW OFFICER
ENC.
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1990
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment
is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured
mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory.
Issued by:
CHICAGO TITLE COMPANY
625 Carnegie Drive - Suite 100
San Bernardino, CA 92408
(714) 884-0448
CHICAGO TITLE INSURANCE COMPANY
By:
By:
Secretary
SCHEDULE A
Policy No: 9114650 _ 11
Premium: $400.00
Amount of Insurance: $1, 600.00
Date of Policy: February 13, 1992 at 8:00 R.M.
1. Name of Insured:
CITY OF FONTANA, A MUNICIPAL CORPORATION
2. The estate or interest in the land which is covered by this policy is:
AN EASEMENT AS CREATED BY THAT CERTAIN "EASEMENT DEED FOR SEWER FACILITIES", DATED
OCTOBER 9, 1991, AND RECORDED FEBRUARY 13, 1992, AS INSTRUMENT NO. 92-052639,
OFFICIAL RECORDS
3. Title to the estate or interest in the land is vested in:
CITY OF FONTANA, A MUNICIPAL CORPORATION
4. The land referred to in this policy is situated in the State of California, County of SAN BERNARDINO
and is described as follows:
SEE ATTACHED DESCRIPTION
CLTAOA88 - 11/29/88
This Policy valid only if Schedule B is attached.
Policy No. 9114650 �1
Page 1
•
DESCRIPTION
THAT PORTION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID EAST 1/2, SOUTH 00° 06' 47" EAST, A
DISTANCE OF 83.17 FEET FROM THE NORTHWEST CORNER OF SAID EAST 1/2;
THENCE NORTH 77° 19' 50" EAST, A DISTANCE OF 86.06 FEET;
THENCE NORTH 00° 09' 58" WEST, A DISTANCE OF 64.54 FEET TO THE NORTH LINE OF SAID EAST
1/2, ALSO BEING THE SOUTH LINE OF CATAWBA AVENUE AS SHOWN BY MAP OF TRACT NO. 3348 ON
FILE IN BOOK 47 OF MAPS, AT PAGES 14 THROUGH 16, INCLUSIVE, THEREOF, RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA;
THENCE NORTH 89° 49' 42" EAST, ALONG SAID NORTH LINE ALSO BEING THE SOUTH LINE OF SAID
CATAWBA AVENUE, A DISTANCE OF 15.00 FEET;
THENCE SOUTH 00° 09' 58" EAST, A DISTANCE OF 76.58 FEET;
THENCE SOUTH 77° 19' 50" WEST, A DISTANCE OF 101.44 FEET TO SAID WEST LINE OF THE EAST
1/2;
THENCE NORTH 00° 06' 47" WEST, ALONG SAID WEST LINE, A DISTANCE OF 15.37 FEET TO THE
POINT OF BEGINNING.
Policy No. 9114650
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the public records.
PART II
1. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
2, AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
RESERVED IN A DOCUMENT
PURPOSE: ROAD AND PIPELINE
RECORDED: DECEMBER 23, 1926 IN BOOR 168, PAGE 299, OFFICIAL
RECORDS
AFFECTS: THE EAST 15 FEET OF SAID LAND
3. NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY, THE COMPANY DOES NOT
INSURE AGAINST LOSS OR DAMAGE BY REASON OF A LACK OF A RIGHT OF ACCESS TO
AND FROM THE LAND.
END OF SCHEDULE B
CLTAOB88 - 11/29/88
Policy No.
Page 2
9114650•11
•
SCHEDULE B (CONT.)
CLTASSC - 12/16/88
•
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Numbers Shown in Circles Son Bernardino county
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11
91
which might cause loss or damage for whim Company may be liable by
virtue of this policy, or (iii) if title to the es or interest or the lien of the
insured mortgage, as insured, is rejected as unmarketable. If prompt notice
shall not be given to the Company, then as to that insured all liability of the
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by an insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide for the defense of such
insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of such insured to object for reasonable cause) to represent the insured
as to those stated causes of action and shall not be liable for and will not pay
the fees of any other counsel: The Company will not pay any fees, costs or
expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest or
the lien of the insured mortgage, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take any appropriate action under
the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently. ,
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion, to appeal from
any.advfi'rse judgment or order.
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, an insured shall
secure to the Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the Company to use,
at its option, the name of such insured for this purpose. Whenever requested
by the Company, an insured, at the Company's expense, shall give the Com-
pany all reasonable aid (i) in any action or proceeding, securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act which in the opinion of the
Company may be necessary or desirable to establish the title to the estate or
interest or the lien of the insured mortgage, as insured. If the Company is
prejudiced by the failure of an insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, includ-
ing any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and atter the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of an insured claimant to
provide the required proof of loss or damage, the Company's obligations to
such insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such proof of loss or damage.
In addition, an insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reason-
able times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any author-
ized representative of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative of the Company to exam-
ine, inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by an
insured claimant provided to the Company pursuant to this Section shall not
be disclosed to others unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim. Failure of an insured claimant
to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information
from third parties a cared in this paragraph, unless prohibited by law or
governmental regula un, shall terminate any liability of the Company under
this policy as to that insured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness.
(i) to pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay; or
(ii) in case loss or damage is claimed under this policy by the owner of the
indebtedness secured by the insured mortgage, to purchase the indebted-
ness secured by the insured mortgage for the amount owing thereon together,
with any costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of purchase and which
the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided, the
owner of the indebtedness shall transfer, assign, and convey.the indebted-
ness and the insured mortgage, together with any collateral security, to the
Company upon payment therefor.
Upon the exercise by the Company of the option provided for in paragraph
a(i), all liability and obligations to the insured under this policy, other than to
make the payment required in that paragraph, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided for in paragraph
a(ii) the Company's obligation to an insured lender under this policy for the
claimed loss or damage, other than the payment required to be made, shall '
.terminate, including any liability or obligation to defend, prosecute or continue
any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or b(ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prose-
cute or continue any litigation.
7. - DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of the Company under this policy to an insured lender shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, if applicable, the
amount of insurance as defined in Section 2 (c) of these Conditions and
Stipulations;
(ii) the amount of the unpaid principal indebtedness secured by the
insured mortgage as limited or provided under Section 8 of these Conditions
and Stipulations or as reduced under Section 9 of these Conditions and
Stipulations, at the time the loss or damage insured against by this policy
occurs, together with interest thereon; or
(iii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the insured lender has acquired the estate or interest in the
manner described in Section 2(a) of these Conditions and Stipulations or has
conveyed the title, then the liability of the Company shall continue as set forth
in Section 7(a) of these Conditions and Stipulations.
(c) The liability of the Company under this policy to an insured owner of the
estate or interest in the land described in Schedule A shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or, .
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(d) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, or otherwise establishes the lien of
the insured mortgage, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or dam-
age until there has been a final determination by a court of competent jurisdic-
tion, and disposition of all appeals therefrom, adverse to the title or, if applica-
ble, to the lien of the insured mortgage, as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without
the prior written consent of the Company.
(d) The Company shall not be liable to an insured lender for: (i) any indebt-
edness created subsequent to Date of Policy except for advances made to
protect the lien of the insured mortgage and secured thereby and reasonable
amounts expended to prevent deterioration of improvements; or (ii) construc-
tion loan advances made subsequent to Date of Policy, except construction
loan advances made subsequent to Date of Policy for the purpose of financing
in whole or in part the construction of an improvement to the land which at
Date of Policy were secured by the insured mortgage and which the insured
was and continued to be obligated to advance at and after Date of Policy.
9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
(a) All payments under this policy, except payments made for costs, attor-
neys' fees and expenses, shall reduce the amount of the insurance pro tanto.
However, as to an insured lender, any payments made prior to the acquisition
of title to the estate or interest as provided in Section 2(a) of these Conditions
and Stipulations shall not reduce pro tanto the amount of the insurance
afforded under this policy as to any such insured except to the extent that the
payments reduce the amount of the indebtedness secured by the insured
mortgage.
(b) Payment in part by any person of the principal of the indebtedness, or
any other obligation secured by the insured mortgage, or any voluntary partial
satisfaction or release of the insured mortgage, to the extent of the payment,
satisfaction or release, shall reduce the amount of insurance pro tanto. The
amount of insurance may thereafter be increased by accruing interest and
advances made to protect the lien of the insured mortgage and secured
thereby, with interest thereon, provided in no event shall the amount of insur-
ance be greater than the Amount of Insurance stated in Schedule A.
(c) Payment in full by any person or the voluntary satisfaction or release of
the insured mortgage shall terminate all liability of the Company to an insured
lender except as provided in Section 2(a) of these Conditions and Stipula-
tions.
10. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule 8 or to which the
insured has agreed, assumed, or taken subject, or which is hereafter exe-
cuted by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
The provisions of this Section shall not apply to an insured lender, unless
such insured acquires title to said estate or interest in satisfaction of the
indebtedness secured by an insured mortgage.
11. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
12. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation. The insured claimant shall permit the Company to
sue, compromise or settle in the name of the insured claimant and to use the
name of the insured claimant in any transaction or litigation involving these
rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
ReorderForm No 8223
•
insured claimant, the Company shall be subrogated (i) as to an insured owner,
to all rights and remedies in the proportion which the Company's payment
bears to the whole amount of loss; and (ii) as to an insured lender, to all rights
and remedies of the insured claimant after the insured claimant shall have
recovered its principal, interest, and costs of collection.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation.
(b) The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the indebtedness secured by
an insured mortgage, provided the priority of the lien of the insured mortgage
or its enforceability is not affected, may release or substitute the personal
liability of any debtor or guarantor, or extend or otherwise modify the terms of
payment, or release a portion of the estate or interest from the lien of the
insured mortgage, or release any collateral security for the indebtedness.
When the permitted acts of the insured claimant occur and the insured has
knowledge of any claim of title or interest adverse to the title to the estate or
interest or the priority or enforceability of the lien of the insured mortgage, as
insured, the Company shall be required to pay only that part of any losses
insured against by this policy which shall exceed the amount, if any, lost to the
Company by reason of the impairment by the insured claimant of the Compa-
ny's right of subrogation.
(c) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for subroga-
tion rights by reason of this policy.
The Company's right of subrogation shall not be avoided by acquisition of
an insured mortgage by an obligor (except an obligor described in Section
1(a)(ii) of these Conditions and Stipulations) who acquires the insured mort-
gage as a result of an indemnity, guarantee, other policy of insurance, or bond
and the obligor will not be an insured under this policy, notwithstanding Sec-
tion 1(a)(i) of these Conditions and Stipulations.
13. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the Company in connec-
tion with its issuance or the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is $1,000,000 or less shall
be arbitrated at the option of either the Company or the insured. All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the insured. Arbitra-
tion pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the lien of the insured mortgage, or of the title
to the estate or interest covered hereby, or by any action asserting such claim
shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
15. SEVERABILITY
In the event any provision of this policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
16. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at the issuing office or to:
Chicago Title Insurance Company
Claims Depart
111 West Was n Street
Chicago, Illino, 602
Chicago title
625 Carnegie Dr., Suite 100, San Bernardino, CA 92408 (714)884-0448 /1-800-722-0824
MARCH 9, 1992
CITY OF FONTANA
8353 SIERRA AVENUE
P 0 BOX 518
FONTANA, CALIFORNIA 92334-0518
ATTN: MAGGIE PACHECO
RE: OUR ESCROW NO. 12219-35
DEAR MAGGIE
IN CONNECTION WITH THE RECORDATION OF YOUR ESCROW WE HAVE ENCLOSED HEREWITH
YOUR TITLE POLICY OF TITLE INSURANCE.
SHOULD YOU HAVE ANY QUESTIONS REGARDING THE ENCLOSED, PLEASE CONTACT OUR
OFFICE.
THANK YOU FOR ALLOWING US TO HANDLE THIS TRANSACTION FOR YOU. WE HOPE WE MAY
SERVE YOU AGAIN FOR ANY OF YOUR FUTURE TITLE AND ESCROW NEEDS.
SUZIE MORRIS
CERTIFIED SENIOR ESCROW OFFICER
ENC.
21314 is
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1990
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment
is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured
mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory.
Issued by:
CHICAGO TITLE COMPANY
625 Carnegie Drive - Suite 100
San Bernardino, CA 92408
(714) 884-0448
CHICAGO TITLE INSURANCE COMPANY
By:
By:
j)/ 6.A1//n/LA
Secretary
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict-
ing, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the
estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the
interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or
fiduciary successors. The term "insured" also includes
(i) the owner of the indebtedness secured by the insured mortgage and
each successor in ownership of the indebtedness except a successor who is
an obligor under the provisions of Section 12(c) of these Conditions and
Stipulations (reserving, however, all rights and defenses as to any successor
that the Company would have had against any predecessor insured, unless
the successor acquired the indebtedness as a purchaser for value without
knowledge of the asserted defect, lien, encumbrance, adverse claim or other
matter insured against by this policy as affecting title to the estate or interest in
the land);
(ii) any governmental agency or governmental instrumentality which is an
insurer or guarantor under an insurance contract or guaranty insuring or
guaranteeing the indebtedness secured by the insured mortgage, or any part
thereof, whether named as an insured herein or not;
(iii) the parties designated in Section 2(a) of these Conditions and Stipula-
tions.
(b) "insured claimant": an insured claiming loss or damage.
(c) "insured lender": the owner of an insured mortgage.
(d) "insured mortgage": a mortgage shown in Schedule B, the owner of
which is named as an insured in Schedule A.
(e) "knowledge" or "known": actual knowledge, not constructive knowl-
edge or notice which may be imputed to an insured by reason of the public
records as defined in this policy or any other records which impart construc-
tive notice of matters affecting the land.
(f) "land": the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth-
ing herein shall modify or limit the extent to which a right of access to and from
the land is insured by this policy.
(g) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(h) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without knowledge.
(i) "unmarketability of the title": an alleged or apparent matter affecting the
title to the land, not excluded or excepted from coverawhich would entitle a
purchaser of the estate or interest described in Sole A or the insured
mortgage to be released from the obligation to purchase by virtue of a contrac-
tual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
(a) After Acquisition of Title by Insured Lender. If this policy insures the
owner of the indebtedness secured by the insured mortgage, the coverage of
this policy shall continue in force as of Date of Policy in favor of (i) such insured
who acquires all or any part of the estate or interest in the land by foreclosure,
trustee's sale, conveyance in lieu of foreclosure, or other legal manner which
discharges the lien of the insured mortgage; (ii) a transferee of the estate or
interest so acquired from an insured corporation, provided the transferee is
the parent or wholly -owned subsidiary of the insured corporation, and their
corporate successors by operation of law and not by purchase, subject to any
rights or defenses the Company may have against any predecessor insureds;
and (iii) any governmental agency or governmental instrumentality which
acquires all or any part of the estate or interest pursuant to a contract of
insurance or guaranty insuring or guaranteeing the indebtedness secured by
the insured mortgage.
(b) After Conveyance of Title by an Insured. The coverage of this policy
shall continue in force as of Date of Policy in favor of an insured only so long as
the insured retains an estate or interest in the land, or holds an indebtedness
secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by reason of cove-
nants of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of any pur-
chaser from an insured of either (i) an estate or interest in the land, or (ii) an
indebtedness secured by a purchase money mortgage given to an insured.
(c) Amount of Insurance. The amount of insurance after the acquisition or
after the conveyance by an insured lender shall in neither event exceed the
least of:
(i) the amount of insurance stated in Schedule A;
(ii) the amount of the principal of the indebtedness secured by the insured
mortgage as of Date of Policy, interestthereon, expenses of foreclosure,
amounts advanced pursuant to the insured mortgage to assure compliance
with laws or to protect the lien of the insured mortgage prior to the time of
acquisition of the estate or interest in the land and secured thereby and
reasonable amounts expended to prevent deterioration of improvements, but
reduced by the amount of all payments made; or
(iii) the amount paid by any governmental agency or governmental instru-
mentality, if the agency or instrumentality is the insured claimant, in the acqui-
sition of the estate or interest in satisfaction of its insurance contract or guar-
anty.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
An insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
an insured hereunder of any m of title or interest which is adverse to the
title to the estate or interest o ten of the insured mortgage, as insured, and
o•
SCHEDULE A
Policy No: 9114649 _ 11
Premium: $400.00
Amount of Insurance: $15 , 5 00.00
Date of Policy: February 13, 1992 at 8:00 A.M.
1. Name of Insured:
CITY OF FONTANA, A MUNICIPAL CORPORATION
2. The estate or interest in the land which is covered by this policy is:
AN EASEMENT AS CREATED BY THAT CERTAIN "EASEMENT DEED FOR STREET AND PUBLIC UTILITY
SEE ATTACHED EXHIBIT - ESTATE OR INTEREST
3. Title to the estate or interest in the land is vested in:
CITY OF FONTANA, A MUNICIPAL CORPORATION
4. The land referred to in this policy is situated in the State of California, County of SAN BERNARDINO
and is described as follows:
SEE ATTACHED DESCRIPTION
CLTAOA88 - 11/29/88
This Policy valid only if Schedule B is attached.
Policy No. -114649
11
•
EXHIBIT (ESTATE OR INIPREST)
PURPOSES" DATED DECEMBER 3, 1991 AND RECORDED FEBRUARY 13, 1992, AS INSTRUMENT NO.
92-052637, OFFICIAL RECORDS, AS TO PARCEL 1;
AN EASEMENT AS CREATED BY THAT CERTAIN "EASEMENT DEED FOR SEWER FACILITIES", DATED
DECEMBER 3, 1991 AND RECORDED FEBRUARY 3, 1992, AS INSTRUMENT NO. 92-052638, OFFICIAL
RECORDS, AS TO PARCEL 2
EXNIBEST-9/ 13/91-Irc
Policy No. 9114649 •
Page 1
DESCRIPTION
PARCEL 1:
THAT PORTION OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID WEST 1/2, SAID CORNER BEING ON THE SOUTH
LINE OF LOT 113 OF TRACT NO. 3348 ON FILE IN BOOK 47, PAGES 14 THROUGH 16, INCLUSIVE,
OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA;
THENCE NORTH 89° 49' 42" EAST, ALONG THE NORTH LINE OF SAID WEST 1/2, ALSO BEING THE
SOUTH LINE OF SAID LOT 113, A DISTANCE OF 2.77 FEET TO THE SOUTHWEST CORNER OF
ALMERIA AVENUE AS SHOWN ON SAID TRACT NO. 3348, SAID CORNER BEING THE POINT OF
BEGINNING OF THE PARCEL TO BE DESCRIBED;
THENCE CONTINUING NORTH 89° 49' 42" EAST, ALONG SAID NORTH LINE ALSO BEING THE SOUTH
LINE OF SAID ALMERIA AVENUE, A DISTANCE FO 60.00 FEET TO THE SOUTHEAST CORNER OF SAID
ALMERIA AVENUE;
THENCE SOUTH 00° 09' 54" EAST, ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE
OF SAID ALMERIA AVENUE, A DISTANCE FO 112.01 FEET;
THENCE SOUTHWESTERLY ON A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 60.00
FEET, THROUGH AN ANGLE OF 89° 59' 36", AN ARC LENGTH OF 94.24 FEET TO THE EASTERLY
PROLONGATION OF THE SOUTHERLY LINE OF WALNUT STREET AS SHOWN ON TRACT NO. 12314, ON
FILE IN BOOK 240, PAGES 3 THROUGH 10, INCLUSIVE, OF MAPS, RECORDS OF SAN BERNARDINO
COUNTY, CALIFORNIA;
THENCE SOUTH 89° 49' 42" WEST ALONG SAID PROLONGATION, A DISTANCE OF 2.96 FEET TO THE
SOUTHEAST CORNER OF SAID WALNUT STREET, SAID CORNER BEING ON THE WEST LINE OF SAID
WEST 1/2;
THENCE NORTH 00° 06' 16" WEST ALONG SAID WEST LINE, ALSO BEING THE EAST LINE OF SAID
WALNUT STREET, A DISTANCE OF 76.81 FEET TO THE MOST NORTHERLY CORNER OF SAID WALNUT
STREET;
THENCE NORTH 41° 49' 07" EAST ALONG THE NORTHEASTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF SAID WALNUT STREET, A DISTANCE OF 4.29 FEET TO THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF SAID ALMERIA AVENUE;
THENCE NORTH 00° 09' 54" WEST ALONG SAID SOUTHERLY PROLONGATION, A DISTANCE OF 92.00
FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID WEST 1/2 SOUTH 00° 06' 47" EAST, A
DISTANCE OF 83.17 FEET FROM THE NORTHEAST CORNER OF SAID WEST 1/2;
THENCE SOUTH 77° 19' 50" WEST, A DISTANCE OF 183.93 FEET;
THENCE WESTERLY ON A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 697.50 FEET,
THROUGH AN ANGLE OF 12° 29' 51", AN ARC LENGTH OF 152.14 FEET TO THE WEST LINE OF SAID
WEST 1/2, ALSO BEING THE EAST LINE OF WALNUT STREET AS SHOWN BY MAP OF TRACT NO.
12314, ON FILE IN BOOK 240, PAGES 3 THROUGH 10, INCLUSIVE, OF MAPS RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA;
THENCE SOUTH 00° 06' 16" EAST, ALONG SAID WEST LINE, ALSO BEING THE EAST LINE OF SAID
WALNUT STREET, A DISTANCE OF 15.00 FEET;
THENCE EASTERLY ON A NON -TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 712.50
Policy No. 9114649 •
Page 2
DESCRIPTION
FEET, THROUGH AN ANGLE OF 12° 29' 56", AN ARC LENGTH OF 155.43 FEET (THE INITIAL
RADIAL LINE BEARS SOUTH 00° 10' 14" EAST);
THENCE NORTH 77° 19' 50" EAST, A DISTANCE OF 180.59 FEET TO SAID EAST LINE OF THE WEST
1/2;
THENCE NORTH 00° 06' 47" WEST, ALONG SAID EAST LINE, A DISTANCE OF 15.37 FEET TO THE
POINT OF BEGINNING.
Policy No. 9114649 • - 11
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflictsin boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the public records.
PART II
1. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
2. NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY, THE COMPANY DOES NOT
INSURE AGAINST LOSS OR DAMAGE BY REASON OF A LACK OF A RIGHT OF ACCESS TO
AND FROM THE LAND.
END OF SCHEDULE B
SN/JH
AUTHORI ZED SIGNATORY
CLTAOB88 - 11/29/88
Por 5.1/2 Sec. 36, C lw.
•
•
0
0
T. R. A. 100,1
oi c
(3)
0
0
• BASE LINE (:'• -
3•) I /
0
\
Note -Assessor's 91k.8 Lot
Numbers Shown in Circles
Tax Rale Ar,?a
10105 , 10041
fi
AVENUE
I
Assessor's Mop
Book 228 Page 13
San Bernardino County
REvISL.
7/9/84
3:21/5,
5.'Z/9.
71 :5
10 0 5'
. 3 3,
which might cause loss or damage for whiff Company may be liable by
Virtue of this policy, or (iii) if title to the estate or interest or the lien of the
insured mortgage, as insured, is rejected as unmarketable. If prompt notice
shall not be given to the Company, then as to that insured all liability of the
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by an insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide for the defense of such
insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of such insured to object for reasonable cause) to represent the insured
as to those stated causes of action and shall not be liable for and will not pay
the fees of any other counsel. The Company will not pay any fees, costs or
expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest or
the lien of the insured mortgage, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take any appropriate action under
the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion, to appeal from
any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, an insured shall
secure to the Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the Company to use,
at its option, the name of such insured for this purpose. Whenever requested
by the Company, an insured, at the Company's expense, shall give the Com-
pany all reasonable aid (i) in any action or proceeding, securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act which in the opinion of the
Company may be necessary or desirable to establish the title to the estate or
interest or the lien of the insured mortgage, as insured. If the Company is
prejudiced by the failure of an insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, includ-
ing any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of an insured claimant to
provide the required proof of loss or damage, the Company's obligations to
such insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such proof of loss or damage.
In addition, an insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reason-
able times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any author-
ized representative of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative of the Company to exam-
ine, inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by an
insured claimant provided to the Company pursuant to this Section shall not
be disclosed to others unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim. Failure of an insured claimant
to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information
from third parties aWuired in this paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company under
this policy as to that insured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness.
(i) to pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay; or
(ii) in case loss or damage is claimed under this policy by the owner of the
indebtedness secured by the insured mortgage, to purchase the indebted-
ness secured by the insured mortgage for the amount owing thereon together
with any costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of purchase and which
the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided, the
owner of the indebtedness shall transfer, assign, and convey the indebted-
ness and the insured mortgage, together with any collateral security, to the
Company upon payment therefor.
Upon the exercise by the Company of the option provided for in paragraph
a(i), all liability and obligations to the insured under this policy, other than to
make the payment required in that paragraph, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided for in paragraph
a(ii) the Company's obligation to an insured lender under this policy for the
claimed loss or damage, other than the payment required to be made, shall'
terminate, including any liability or obligation to defend, prosecute or continue
any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or b(ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prose-
cute or continue any litigation.
7. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of the Company under this policy to an insured lender shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, if applicable, the
amount of insurance as defined in Section 2 (c) of these Conditions and
Stipulations;
(ii) the amount of the unpaid principal indebtedness secured by the
insured mortgage as limited or provided under Section 8 of these Conditions
and Stipulations or as reduced under Section 9 of these Conditions and
Stipulations, at the time the loss or damage insured against by this policy
occurs, together with interest thereon; or
(iii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the insured lender has acquired the estate or interest in the
manner described in Section 2(a) of these Conditions and Stipulations or has
conveyed the title, then the liability of the Company shall continue as set forth
in Section 7(a) of these Conditions and Stipulations.
(c) The liability of the Company under this policy to an insured owner of the
estate or interest in the land described in Schedule A shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(d) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, or otherwise establishes the lien of
the insured mortgage, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or dam-
age until there has been a final determination by a court of competent jurisdic-
tion, and disposition of all appeals therefrom, adverse to the title or, if applica-
ble, to the lien of the insured mortgage, as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without
the prior written consent of the Company.
(d) The Company shall not be liable to an insured lender for: (i) any indebt-
edness created subsequent to Date of Policy except for advances made to
protect the lien of the insured mortgage and secured thereby and reasonable
amounts expended to prevent deterioration of improvements; or (ii) construc-
tion loan advances made subsequent to Date of Policy, except construction
loan advances made subsequent to Date of Policy for the purpose of financing
in whole or in part the construction of an improvement to the land which at
Date of Policy were secured by the insured mortgage and which the insured
was and continued to be obligated to advance at and after Date of Policy.
9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
(a) All payments under this policy, except payments made for costs, attor-
neys' fees and expenses, shall reduce the amount of the insurance pro tanto.
However, as to an insured lender, any payments made prior to the acquisition
of title to the estate or interest as provided in Section 2(a) of these Conditions
and Stipulations shall not reduce pro tanto the amount of the insurance
afforded under this policy as to any such insured except to the extent that the
payments reduce the amount of the indebtedness secured by the insured
mortgage.
(b) Payment in part by any person of the principal of the indebtedness, or
any other obligation secured by the insured mortgage, or any voluntary partial
satisfaction or release of the insured mortgage, to the extent of the payment,
satisfaction or release, shall reduce the amount of insurance pro tanto. The
amount of insurance may thereafter be increased by accruing interest and
advances made to protect the lien of the insured mortgage and secured
thereby, with interest thereon, provided in no event shall the amount of insur-
ance be greater than the Amount of Insurance stated in Schedule A.
(c) Payment in full by any person or the voluntary satisfaction or release of
the insured mortgage shall terminate all liability of the Company to an insured
lender except as provided in Section 2(a) of these Conditions and Stipula-
tions.
10. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which the
insured has agreed, assumed, or taken subject, or which is hereafter exe-
cuted by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
The provisions of this Section shall not apply to an insured lender, unless
such insured acquires title to said estate or interest in satisfaction of the
indebtedness secured by an insured mortgage.
11. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
12. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shalt transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation. The insured claimant shall permit the Company to
sue, compromise or settle in the name of the insured claimant and to use the
name of the insured claimant in any transaction or litigation involving these
rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
Reorder Form No. 8223
•
insured claimant, the Company shall be subrogated (i) as to an insured owner,
to all rights and remedies in the proportion which the Company's payment
bears to the whole amount of loss; and (it) as to an insured lender, to all rights
and remedies of the insured claimant after the insured claimant shall have
recovered its principal, interest, and costs of collection.
If loss should result from any act of the insured claimant, as stated above,s
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation.
(b) The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the indebtedness secured by
an insured mortgage, provided the priority of the lien of the insured mortgage
or its enforceability is not affected, may release or substitute the personal
liability of any debtor or guarantor, or extend or otherwise modify the terms of
payment, or release a portion of the estate or interest from the lien of the
insured mortgage, or release any collateral security for the indebtedness.
When the permitted acts of the insured claimant occur and the insured has
knowledge of any claim of title or interest adverse to the title to the estate or
interest or the priority or enforceability of the lien of the insured mortgage, as
insured, the Company shall be required to pay only that part of any losses
insured against by this policy which shall exceed the amount, if any, lost to the
Company by reason of the impairment by the insured claimant of the Compa-
ny's right of subrogation.
(c) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for subroga-
tion rights by reason of this policy.
The Company's right of subrogation shall not be avoided by acquisition of
an insured mortgage by an obligor (except an obligor described in Section
1(a)(ii) of these Conditions and Stipulations) who acquires the insured mort-
gage as a result of an indemnity, guarantee, other policy of insurance, or bond
and the obligor will not be an insured under this policy, notwithstanding Sec-
tion 1(a)(i) of these Conditions and Stipulations.
13. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the Company in connec-
tion with its issuance or the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is $1,000,000 or less shall
be arbitrated at the option of either the Company or the insured. All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the insured. Arbitra-
tion pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the lien of the insured mortgage, or of the title
to the estate or interest covered hereby, or by any action asserting such claim
shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
15. SEVERABILITY
In the event any provision of this policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
16. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at the issuing office or to:
Chicago Title Insurance Company
Claims Departt
111 West Wasftn Street
Chicago, Illinoi 602
SEC.I6
T. R. A
T. R.
10041
' 10105
Por. S. I/2 Sec.36, T. I N.,R.6 W.,S.B.B. a M.
BASE LINE
3
44
ED
Note -Assessors glk.a Lot
Numbers Shown in Circles
Fontana City
Tax Rate Areo
10105 , 10041
Assessor's Map
Book 228 Page 13
San Bernardino County
228-
."
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REVISE
7/9/84
3/21/9t
1 21 75 - C'
10 FS 51 G'
9/21/S2 R
i.7 /ad
CITY OF FONTANA
PUBLIC WORKS DEPARTMENT
8353 Sierra Avenue
Fontana, CA 92335
•
TO: SAN BERNARDINO COUNTY RECORDER
172 W. Third Street
San Bernardino CA 92415
ATTN: BETTY SHEAS
Gentlemen:
We are sending you: IXI Attached
the following item:
IIP
LETTER OF TRANSMITTAL
File: Recordation
Date: May 14, 1992
RE: The Presley Companies -
Easement for Drainage Purposes
I I Under separate cover via
I I Drawings I I Prints I I Plans I I Samples I I Specifications
I I Copy of Letter 1 I Change Order I I Check Print(s) I I
IXI Other: Drainage Easement for Tract No. 12314. Lot No. 123
Studies
COPIES DATE NO.
DESCRIPTION
1 (Original)
Easement Deed for Drainage
Purposes, Lot 123, Tract
No. 12314.
Nurpose:
For your information/records
For approval I I Approved as submitted
For your use 1 I Approved as noted
As requested I I Returned for corrections
For review & comment I I Other
For bid due: , 19_
Prints returned after loaned to:
Please:
1 1 Submit original
I I Resubmit copies for
approval.
I I Submit copies for
distribution
I I Return corrected prints
IXI Other For Recordation
Remarks: PLEASE NOTE: That the attached document does not require a
Recordation Fee.
Copy to: Signed:
Title:
cc: Mike Alturk S
0 fr„,06,yQ_C
Assistant Engineer
• •
MADOLE AND ASSOCIATES, INC.
Consulting Civil Engineering,
Land Planning and Surveying
1820 EAST SIXTEENTH STREET SANTA ANA, CALIFORNIA 92701 (714) 835-2548 FAX (714) 835-0612
MAY 5, 1992 J.N. 142-609
PRESLEY OF SOUTHERN CALIFORNIA
19 CORPORATE PLAZA
NEWPORT BEACH, CALIFORNIA 92660
ATTENTION: MR. STEVE JONES, PROJECT MANAGER
SUBJECT REF: TRACT NO. 12314 - ALMERIA SEWER
Dear Steve:
Per your request we have reviewed our records as best we can to
estimate the time and engineering charges related to the design and
plan preparation for the master plan sewer main in Almeria Street.
We estimate those engineering fees to be approximately $19,320.00.
Should you need additional information please let us know.
Very truly yours,
MADOLE AND ASSOCIATES, INC.
r4tak4
Milt Madole
President
MM:srl
M. 410)LE AND ASSOCIATES, .•.
CONSULTING CIVIL ENGINEERING,
LAND PLANNING AND SURVEYING
1820 EAST SIXTEENTH STREET, SANTA ANA, CALIFORNIA 92701; (714) 835-2548
TO: - --. OF _ T1: r : a. DATE:
ATTN: - `'`''` PERIOD FROM:
INVOICE NO. J.N.14. 1 F.
-1208
DESCRIPTION:
rOFTA...
FOR PROFESSIONAL SERVICES RENDERED:
C: -Or,J
1: TECHNICAL P:i,.::oN:l.'i L:
S5:.00%i:F =
TOTAL DUE AND PAYABLE S 1.885.00
;UL:,. T. ` UG ., - _i0
-Fr T:P!OICE C.LPCEL: ; :. ;uP RSr::E3
ease- woe- Sal E4•
V
N._11PLE AND ASSOCIATES, 0.
CONSULTING CIVIL ENGINEERING,
LAND PLANNING AND SURVEYING
1820 EAST SIXTEENTH STREET, SANTA ANA, CALIFORNIA 92701; (714) 835-2548
TO:
ATTN:
INVOICE NO.
DESCRIPTION:
FOR PROFESSIONAL SERVICES R
-
RED:
J •
S
riTfi,!% /
-
tOWIL PA. up F;:lid,L7.,
DATE:
PERIOD FROM:
BZ.f. 4NE
/F01177':
S 1.8\ 00
• Ma4LE AND ASSOCIATES,
' CONSULTING CIVIL ENGINEERING,
LAND PLANNING AND SURVEYING
,•
1820 EAST SIXTEENTH STREET, SANTA ANA, CALIFORNIA 92701; (714.) 835-2548
"0:
,TTN: r.
INVOICE NO.
J.N. 14L-I2
DATE: •
PERIOD FROM:
2c
DESCRIPTION: 1" n-\•-•
'OR PROFESSIONAL SERVICES RENDERED:
r.
o FOL EE :JTACHED
C'iLl',GE 42
:PE71F.IC2'.TIONS VA
TOTAL DUE AND PAYABLE $
1;
dipOLE AND ASSOCIATES gir.
c:ONSULTING CIVIL ENGINEERIN ,
LAND PLANNING AND SURVEYING
v
1820 EAST SIXTEENTH STREET, SANTA ANA, CALIFORNIA 92701; (714) 835-2548
TO: PRESLEY Oi SOUTHERN CALIFORNIA DATE: 5/15/90
ATTN: AR. ALAN i?`SA?; PERIOD FROM:
TR. 12314 &
INVOICE NO. 14078 J.N. 142-ing DESCRIPTION:TT 1fPne
FOR PROFESSIONAL SERVICES RENDERED:
SURVEY CREW 2.0 HR(S) _ : 292.00
TOTAL DUE AND P?. AL E
TRACT NO. 4214 - ; U }"rW DATE
S _'92.00
JOB NO. 14- .. - ' c CLIENT 1:,%;
ORDERED BY
CLIENT PURCHASE ORDER NO.
WORK PERFORMED Ti,•vr
HOURS
CREW
PARTY SIZE `--
CLIENT REPRESENTATIVE AUTHORIZING:WORK
.-�.;URVEY SUPERVISOR
This Authorization for Extra Work is an extension of the master contract for
this project. All provisions of master contract remain in full effect. By
signing above, client representative acknowledges that he is authorized to
approve extra work.
TO:
MOLE AND ASSOCIATES, OC
CONSULTING CIVIL ENGINEERING,
LAND PLANNING AND SURVEYING
1820 EAST SIXTEENTH STREET, SANTA ANA, CALIFORNIA 92701; (714) 835-2548
T..... ,): ..;;UT ._...: DATE: .1.. .
ATTN: r.::LT:� ":Ica:ZEF. PERIOD FROM: 2'
B..siLITLsZ:,
INVOICE NO. :? 3f_ J.N. i2-1:7: DESCRIPTION:
FOR PROFESSIONAL SERVICES RENDERED:
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TO:
M•.OLE AND ASSOCIATES, Sy.
CONSULTING CIVIL ENGINEERING,
LAND PLANNING AND SURVEYING
1820 EAST SIXTEENTH STREET, SANTA ANA, CALIFORNIA 92701; (714) 835-2548
SOOUTH:..:tl: C.._._ . _ DATE:
ATTN: ::i.. :c;LT'I: CHENT.E. PERIOD FROM:11Ci7.
EASE LINE S iTR
INVOICE NO. :5 J.N. 12_-120' DESCRIPTION: FOPTfl .
FOR PROFESSIONAL SERVICES RENDERED:
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TOTAL $$10,202.00
SIC 418.00
TOTAL DUE AND PAYABLE S 374.00 iy
MALE AND ASSOCIATES,
CONSULTING CIVIL ENGINEERING,
LAND PLANNING AND SURVEYING
1820 EAST SIXTEENTH STREET, SANTA ANA, CALIFORNIA 92701; (714) 835-2548
DATE:
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TTN: WH. :H:=1( PERIOD FROM -
. --. •
.:NVOICE NO. J.N. DESCRIPTION:
?OR PROFESSIONAL SERVICES RENDERED:
f.UV:EY CFE; =
V)TAL DUE AND PAYABLE
i
AGREEMENT FOR PROFESSIONAL SERVICES
(ENGINEERING SERVICES)
, TRACT: INFRA -SEWER
0(YTArIA
CITY:
CONTRACT NO: JOB NO:
THIS AGREEMENT FOR PROFESSIONAL SERVICES ('Agreement') is
made this 30TH day of AUGUST , 1989, by and between
MADOLE AND ASSOCIATES (*Engineer'),
and PRESLEY OF SOUTHERN CALIFORNIA (the *Company").
1. THE WORK. Engineer agrees to furnish all labor,
personnel and materials necessary to perform and complete the
work described in Exhibit A (the 'Work') on or before the
Completion Date and in accordance with the Performance. -
Schedule, if any, set forth in Exhibit A.
2. COMPENSATION.
2.1 Payment of Compensation.
The
theorandauch
Company
Wk shall
compensate Engineer for the performance of
additions thereto as may be made pursuant to Paragraph 3, in a
sum computed and payable in the manner set forth on Exhibit B.
The Company shall have the right in its sole discretion to
approve all personnel assigned to the subject project (the
'Project') during the performance of this Agreement and no
personnel to whom the Company has an objection shall be
assigned to the Project.
2.2 Cost Increases. In the event Engineer shall
incur an increase of costs after the date which is one year
after the date of this Agreement due to the granting of wage
increases and/or other employee benefits to field or office
personnel, Engineer shall be entitled to increases in
compensation as described in Exhibit B. All requests from
Engineer for compensation increases shall be substantiated in
writing to the Comrar.v. Notwithstanding the foregoing, in no
event shall Engineer be entitled to compensation increases
exceeding five percent (5%) per annum.
2.3 Reimbursable Expenses. The Company shall
reimburse Engineer for the cost of all reimbursable expenses
('Reimbursable Expenses') listed on Exhibit B, if any. All
costs for original stock for plan preparation such as original
mylar, linen, vellum, and sepia, duplicate reproducibles used
for the preparation of plans and all check, working or shop
prints required by Engineer, as well as travel and deliveries
to and from the Project, the Company's offices, governmental
agencies and the offices of the Company's other consultants
shall be included within Engineer's compensation describe in
TP63JRE8.10 1. COMPAN
ENGINEER ___
• •
Exhibit B and shall not be separately reimbursable expenses.
Printe for whicsuchhrepsts are roductionecompanyble as fromnses timestoll be
time shall
printed atp
be designated by the Company.
3. ADDITIONAL WORK. Any work in addition to the Work
(•Additional Work') shall be performed by Engineer only upon
the written request of the Company. Orders for Additional Work
shall be on a form identical to the form attached hereto as
Exhibit C and shall be acknowledged by Engineer in writing.
Except as otherwise agreed in writing by Engineer and the
Company, all Additional Work shall be subject to the terms and
conditions'of this Agreement.
4. TERMINATION OF AGREEMENT.
4.1 Right of Termination. In addition to the right
of the Company to terminate this Agreement pursuant to
Paragraphs 4.4 and 14 herein, this Agreement may be terminated
by the Company at any time and for any reason with ten (10)
calendar days prior written notice to Engineer.
4.2 Payment on Termination. On termination of this
Agreement by the Company under Paragraph 4.1 hereof, the
Company shall pay to Engineer as payment in full for all labor,
work and services performed, all materials supplied and
expenses incurred by Engineer under this Agreement: (i) the
agreed compensation for all Work and approved Additional Work
actually performed by Engineer under this Agreement up to the
effective date of termination, plus (ii) the amount of all
Reimbursable Expenses incurred by Engineer up to the effective
date of termination for which the Company had not yet
reimbursed Engineer before the effective date of termination.
As used herein, the 'effective date of termination' shall be
that date which is ten (10) calendar days after Engineer's
receipt of the notice of termination described in Paragraph
4.1.
4.3 New or Unfinished Work. Engineer shall not
undertake any new work after receipt of the notice of
termination referred to in Paragraph 4.1.. Unless otherwise
instructed in writing by the Company, Engineer shall continue
all work in progress until the effective date of termination.
4.4 Suspension or Termination of Project. In the
event the Project is terminated or abandoned for any reason, in
whole or in part, the Company shall immediately notify Engineer
in writing of the termination and Engineer shall be paid to the
date of notification for all completed and approved services in
accordance with this Agreement, including approved Additional
work and Reimbursable Expenses, and after the payment to
TP63JRE8.10
2. COMPAN
ENGINEER ,t 4ti
Engineer and transmittal of plans, schedules, and all other
documents or materials which are the property of the Company
under Paragraph 9 hereof to the Company, this Agreement shall
terminate and the parties shall have no further obligation
under this Agreement. However, in the event the Project is
merely temporarily suspended
aEngineerninin whole or in
writing as soon
part, the Company shall sonotify
as reasonably practicable, and the above stated procedure shall
apply except that this Agreement and its rights and obligations
shall only be suspended until the Company notifies Engineer
that the Project has started again, that this Agreement is
reinstated and that the Engineer is to continue Engineer's
services again.
5. 'SUBCONTRACTORS.
5.1 Engineer's Use of Subcontractors. Engineer shall
not enter into any subcontract agreements for the performance
of the Work, or any part thereof, or any Additional Work, or
any part thereof, without the Company's. prior written consent,
which consent the Company may withhold in its sole discretion.
In addition, Engineer shall not employ any subcontractor as to
whom the Company objects,. whether such objection is made at the
time of such subcontractor's initial employment or at a later.
date, including at any time during the performance of such
subcontractor's work. All agreements for the employment of
subcontractors shall be in writing and shall provide that such
agreements shall be terminable by Engineer on not more than
seven (7) days written notice to the respective subcontractor.
At the request of the Company, the names of all proposed
subcontractors and all proposed subcontractor's agreements
shall be delivered to the Company. for review and approval prior
to employment of such subcontractors or the execution of such
agreements. Engineer shall insure that all subcontractors
employed by Engineer are, duly licensed and are fully aware of
all provisions of this Agreement applicable to such subcon-
tractors. In lieuof consenting to Engineer's request to
subcontract the Work, or any portion thereof,.or any approved
Additional work, or any portion thereof, the Company shall have
the absolute right, at the Company's option, to contract
directly with contractors or subcontractors with respect to the
Work or Additional Work which is the subject of such proposed
subcontract, in which event this Agreement shall be amended to
effect such contract or subcontract and Engineer's compensation
shall be reduced accordingly.
5.2 Responsibility for Work. Engineer shall be
responsible for coordin3tincj, supervising and directing the
activities of its permitted subcontractors and shall be solely
responsible to the Company for the performance of the Work and
any approved Additional work by such subcontractors.
TP63JRE8.10 3. COMPAN
ENGINEER ►'w k‘,
•
6. PERSONAL SERVICES CONTRACT; NO ASSIGNMENT. Engineer
acknowledges that the Company has entered into this Agreement
in reliance upon the particular reputation and expertise of
Engineer. Engineer shall not, without the prior written
consent of the Company, which consent may be withheld in the
Company's sole discretion, sell, assign, delegate or transfer,
voluntarily or involuntarily by bankruptcy or other operation
of law, or otherwise, Engineer's rights or interests in or
under this Agreement, Engineer's right to moneys becoming due
under this Agreement, or Engineer's duties under this
Agreement, or enter into any agreement as a result of which any
.other person or entity shall have any right or interest in or
under this Agreement. Any such sale, assignment, transfer or
other agreement without the prior written consent of the
Company shall be void and of no effect.
7. INSURANCE.
7.1 Types of Insurance. Engineer, at Engineer's
sole cost, shall obtain the following insurance, which
insurance shall be maintained at all times during the term of
this Agreement and for a reasonable time hereafter, except as
more specifically provided hereinafter:
(a) Worker's Compensation insurance in the
amount required by all. applicable laws, and Employer's
Liability insurance with a limit of not less than $1,000,000
per employee and $1,000,000 per occurence, and any and all
other coverage of Engineer's employees as may be required by
applicable law. •
(b) .Commercial General Liability insurance for
bodily injury and property damage liability, covering the
operations of Engineer and Engineer's officers, agents and
employees with limits of liability which shall not be less than
$1,000,000 combined single limit per occurrence and with a
general aggregate liability of,not less than two million
dollars ($2,000,000).
(c) Business Auto insurance for all autos
utilized by Engineer and Engineer's officers, agents and
employees, including but not limited to owned, leased,
non -owned and hired autos, with limits of liability which shall
not be less than $1,000,000 combined single limit per
occurrence.
(d) Professional Liability Insurance, covering
Engineer's professional liability for the work provided herein.
Professional liability insurance as herein provided shall be in4L.Cv�
form satisfactory to the Company and with limits of liability
which shall not .be less than a combined single limit of 4m4 /4..c k.4,4:1'
r' n dollars ( )•
i TP63JRE8.10 4. COMPAN
ENGINEER 10'14
• •
7.2 Additional Insurance Requirements.
(a) The Commercial General Liability policies
obtained and maintained by Engineer shall be written to apply
to all bodily injury, property damage, personal injury and
other covered loss, however occasioned, occuring during the
policy term; shall contain endorsements naming the Company and
any. other interested parties designated by the Company (e.g., a
lender) as additional insured(s); shall provide for
severability of interests; shall provide that an act or
omission of one of the named insureds shall not reduce or avoid
coverage to the other named insureds; shall afford coverage for
all claims based on acts, omissions, injury and damage, which
claims occurred or arose (or the onset of which occurred or
arose) in whole or in part during the policy period; and shall
include the following coverages: Employee Personal Injury;
Liquor Liability; Employees as additional insureds; Equipment
Liability Coverage; Premises and Operations Coverage, including
Operations of Independent Contractors; Explosion, Collapse and
Underground Property Coverage; Broad Form Property Damage
Coverage, including Completed Operations or its equivalent;
Water Damage. Legal Liability Coverage; Fire Legal Liability
Coverage; Premises Medical Payments Coverage; Extended Bodily
Injury Coverage; Incidental Malpractice Coverage; Broad Form
Contractual Liability Coverage specifically covering all
liability, including Engineer's indemnity obligations, assumed
by Engineer herein; and Products Liability and Completed
Operations Coverage which shall specifically cover liability
for the work and materials provided for herein.
(b) The Products Liability and Completed
Operations coverage provided for in the Commercial General
Liability Policy shall be maintained by Engineer for a minimum
of five (5) years following completion of the Work provided for
herein.
(c) The Business ,Auto insurance shall include
the following forms and shall provide the following :. erage
with combined single limits of liability for bodily injury and
property damage of not less than $1,000,000: Owned
Automobiles; Hired Automobiles and Non -Owned Automobiles.
(d) All policies must contain an endorsement
affording the Company an unqualified thirty (30) days notice of
cancellation, nonrenewal, expiration or reduction in coverage.
(e) All policies shall be in a form
satisfactory to the Company and shall be issued by companies
listed in the most recent Best's rating guide as having not
less than an A:V rating.
TP63JRE8.10
5. COMPAN
ENGINEER i:, 4�
(f) Engineer shall furnish.the Company with
certificates of insurance for each policy required hereunder
and copies of such policies before Engineer's entrance onto the
Subject Property and commencement of the Work hereunder. In
addition, Engineer shall require each subcontractor to furnish
the Company with certificates of insurance evidencing the
insurance required to be maintained by Engineer's
subcontractors hereunder before such subcontractor's entrance
onto the Subject Property and commencement of such
subcontractor's work. Engineer shall also furnish to the
Company, at least thirty (30) days before the expiration date
of expiring policies, certificates of insurance showing that
all premiums have been paid for the entire forthcoming policy
period.
(g) At the time of a loss, Engineer shall
promptly provide the Company with a written report of the loss.
(h) All policies shall contain clauses or
endorsements providing for the waiver by the underwriter of any
right of subrogation against the Company, its parent,
subsidiaries or affiliated companies, and the officers,
directors, agents and employees of any of the foregoing which
might arise by reason of any payment under such policy(ies).
(i) The Engineer's policies shall be endorsed
to provide that such coverage shall be primary to any insurance
carried by the Company or any other additional insured and that
any insurance maintained by the Company or any other additional
insured shall not contribute with the insurance provided
herein.
In the event of any reduction or
exhaustion of an( aggregate annual limit of liability or any
general aggregate policy limit of liability, Engineer shall
then obtain additional insurance to replenish the limit of
liability herein provided.
(k) Engineer shall require that each of its
subcontractors also separately maintain all insurance coverages
that Engineer is required to maintain herein.
7.3 No Modification of Obligation. Engineer's
obligation to carry insurance as herein provided shall not
limit or modify in any way any other obligation of Engineer
under this Agreement, including, without limitation, the
obligations of Engineer under Paragraph 8 of this Agreement.
7.4 Failure to Obtain Insurance. If Engineer fails
to secure and/or pay the premiums for any of the policies of
insurance as required herein, or fails to maintain such -
TP63JRE8.10 6. COMPANY
ENGINEER ,10 4h
•
insurance, the Company may, in addition to any other action it
may have at law or in equity, secure such policy or policies of
insurance for the account of Engineer and charge Engineer for
the premiums paid therefor, or withhold the amount thereof from
such sums otherwise due from the Company to Engineer. Neither
the Company's right to secure such policy or policies nor the
securing thereof by the Company shall constitute an undertaking
by the Company on behalf of or for the benefit of Engineer or
others to determine or warrant that such policies are in
effect.
8. INDEMNIFICATION.
8.1 Indemnification. At Engineer's sole expense; °
Engineer, to the fullest extent permitted by applicable law,
shall indemnify, hold harmless, protect, and, at the .CompanV e
request (and through legal counsel acceptable to -the Company)
shall defend, the Company, its parent and each of its officers,
directors, affiliates, employees, representatives and agents,
the property of the Company, the Subject Property and any other
interested party designated by the Company from and against any
and all liability and any and all suits, actions, legal
proceedings, awards, fines, judgments, claims, losses, damages,
demands, liens, costs and expenses, including reasonable
attorneys' fees, of whatever kind or character ('Claims')
occurring during the performance of the Work or the Additional
work, or arising after the completion of such work, including
without limitation Claims related to or arising from the death
or bodily injury to persons or injury or damage to any
property, including the loss of use thereof, in any manner
related to or arising from, in whole or in part, the
performance of this Agreement by Engineer, its agents,
subcontractors or employees, including without limitation any
Claims in any manner related to or arising from, in whole or in
part, (i) the breach by Engineer, or any subcontractor, agent
or employee of Engineer, of this Agreement or any covenant,
warranty, promise or agreement contained herein; (ii) the
negligent ;rassive, active or gross) or willful act, conduct,
omission, or fault of Engineer, or any subcontractor, agent or
employee of Engineer arising out of, in connection with, or
incidental to this Agreement or the Work or Additional Work, if
any, to be performed hereunder; (iii) Engineer's failure to pay
union benefit payments; and/or (iv) Engineer's use of nonunion
labor. Notwithstanding anything herein to the contrary,
Engineer shall not be obligated under this Agreement to
indemnify any party from Claims which are ultimately determined
to be due to the sole negligence or willful misconduct of such
party.
8.2 Indemnity Not Limited. In any and all Claims
by any employee of Engineer or any subcontractor, anyo
TP63JRE8.10 7. COMP
ENGINEER 1" v6es.
directly or indirectly employed by either of them, or anyone
for whose acts they maybeh 811ble, ahellthe
notnbemlimitedion
in any way
obligation under Paragrap
by any limitation on the amount or type of damages, compensa-
tion or benefits payable under any workers' or workmen's
compensation acts, disability benefit acts or other employee
benefit acts. The indemnity provided for in Paragraph 8.1 is
intended to aPPnorthe
terminationeriod fofthis
thisAgreement
Agreementnd shall
survive the expiration
9. OWNERSHIP AND REVIEW OF DOCUMENTS. Unless otherwise
agreed in writing by the parties and subject to governmental
agency requirements, all documents prepared by Engineer -at they:. --
request of or on behalf of the Company in connection with or in
any manner arising from Engineer's. performance under this.
Agreement shall be the sole property of the Company;.. and the._
Company shall be.vested with all property rights therein
whatever kind, and however created, whether by common law or
otherwise. For purposes of this paragraph, the term
documents' shall mean and include, without limitation, all
reports, plans, studies, tape or other electronic recordings,
drawings, sketches, estimates, letters, data sheets, snaps and
work sheets produced, acquired, prepared or used by or for
Engineer in connection with the performance of this Agreement.
Engineer shall not provide said documents to any third party
without the express written consent of the Company and Engineer -
shall obtain.the Company's written approval,. which the Company
may give or withhold in its sole discretion, of all schematic
plans, concepts and Similar documents before preparing final
documents. Engineer shall also obtain the Company's prior
approval of acverninments before
quasiipublicfor
agenciesw of any
document to governing public or
•
10. COMPLIANCE WITH LAWS. Engineer agrees to comply with
and to indemnify the Company against loss due to Engineer's or
any subcontractor's violation of any applicable federal, state
'r local laws, ordinances and/or regulations. The Engineer, at
Engineer's sole expense, shall obtain and maintain all
necessary Engineer's and/or business licenses and permits which
are required to perform the Work and any approved Additional
work. Engineer represents and warrants that Engineer and
Engineer's personnel performing engineering services hereunder
are properly licensed (and will remain properly licensed during
the term hereof) under all applicable state and/or federal laws
and regulations for the performance of the services rendered
hereunder. In addition, if Engineer or Engineer's personnel
assigned to the Project shall become aware of any change in any
law, ordinance, regulat on1 policy or standard affecting the
Project or any work to be done hereunder, Engineer shall
promptly notify the Company of such change in writing.
TP63JRE8.10 8. COMPAN
ENGINEER l'M L
• S
11. NOTICES. All notices or other communications made
pursuant hereto shall be in writing and shall be deemed
properly delivered, given or served (i) when personally
delivered, or (ii) two (2) calendar days after being deposited
in the United States mail, certified or registered, postage
prepaid, return receipt requested, or (iii) when delivered by
Federal Express or other comparable courier service, charges
prepaid, to the parties at their respective addresses listed
below their signatures. Either party may change its address
for the purposes of this paragraph by giving five (5) days'
prior written notice of such change to the other party in the
manner provided in this paragraph. — - -
12. ARBITRATION.
12.1 Arbitration. All disputes, claims and.other.
matters in question arising out of or relating to this_
Agreement or the breach hereof (except for claims which have
been waived by the making or acceptance of final payment as
provided in Paragraph 2 and the respective Exhibits referred to
therein), shall be decidedby. arbitration in accordance with
the Construction Industry Arbitration Rules of the American
Arbitration Association, unless the parties mutually agree
otherwise. This agreement to arbitrate shall be specifically
enforceable in any court of renderedaw under
the
the arbitrators shall
arbitration law. The award by
be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
12.2 Notice of Arbitration. Written notice of the
demand for arbitration shall be delivered to the other party to
this Agreement and filed with the American Arbitration
Association. The demand for arbitration shall be made within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall it be made after the
date when institution of legal or equitable proceedings based
on such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
12.3 Work to Continue. Engineer shall carry on the
work and any approved Additional Work and maintain the
Performance Schedule during any arbitration proceeding, unless
otherwise directed in writing by the Company.
12.4 Failure to Participate. Should any party
refuse or neglect to appear or participate in the arbitration
proceedings, the arbitrator is empowered to decide the
controversy in accordance with whatever evidence is presented.
. - TP63JRE8.10 9. COMP
ENGINEER ilk OL,
• •
13. COORDINATION.
13.1 Other Consultants. Engineer acknowledges that
the development and processing of the plans for the Project
will.require very close coordination between various
consultants (Civil Engineer, Landscape Architect, Architect,
Title Company, etc..) and that Engineer is expected to play a
very strong role in this coordination to minimize the other
consultants' changes and revisions. The other consultants
shall be notified immediately by Engineer, in writing, of any
changes or revisions which might affect their drawings and the
Company is to be given copies of all such correspondence. -
Coordination of meetings and phone conferences between
consultants shall be a part of the Work for the purposesof
this Agreement. The Engineer shall not knowingly cause the
other consultants extra work without obtaining prior written
approval from the. Company: If such approval is.not obtained,
the Engineer shall be subject to an offset in fee for the costs
of any such extra work.
13.2 Plans and Specifications. Plans, specifica-
tions, reports, bid documents and field staking shall be clear,
consistent and precise. In the process of plan preparation,
the Engineer will be required to utilize material from other
consultants and disciplines. The Engineer shall notify the
other consultants and the Company of errors, inconsistencies,.
or lack of detail found in the work material provided to
Engineer. Lack of clarity and consistency in plans may result
in liability for correction of work *performed by others.
14. DEFAULT. Engineer shall be in default of this Agree-
ment if at any time during the progress of the Work and any
approved Additional Work Engineer shall fail or refuse to
diligently prosecute such work, or shall fail to perform fully
any of the provisions of this Agreement. Upon the occurrence
of any such event of default, the Company shall give written
notice of such default to Engineer. If Engineer shall fail to
cure such default within forty-eight (48) hours after the
giving of such notice, the Company may, at its option and
without prejudice to any right or remedy it may have at law or
in equity, immediately terminate this Agreement upon written
notice to Engineer and/or employ any other person or entity to
complete the Work and any approved Additional Work, and the
costs thereof shall be deducted from any monies due Engineer
under this Agreement. If the Company shall elect to terminate
this Agreementpursuant to this Paragraph 14, upon receipt of
written notice of such termination Engineer shall immediately
cease all work in progress and shall not undertake any further
work. Further, if the Company terminates this Agreement pursu-
ant to the provisions of this Paragraph, or if, inanyevent,
Engineer has failed to cure said default after said fort rp ght
TP63JRE8.10
10. COMPAN
ENGINEER lit 111
• •
(48) hour period, Engineer shall promptly return to the
Company, upon the Company's written request, all drawings,
sketches, computations, plans,. specifications and other docu-
ments prepared by Engineer which are the property of the
Company under Paragraph 9 above. In the event the cost of
completing the Work and any approved Additional Work (including
additional managerial and administrative expenses incurred as
the result of such default) shall exceed the amount of monies
owed Engineer by the Company under this Agreement, such excess
shall be immediately due and payable from Engineer to the
Company. Engineer shall be liable for all damages suffered by
the Company. The Company's exercise of the option'to -
substitute another person or entity to finish the work called
for in this Agreement shall not relieve Engineer from such
liability. Upon the occurrence of any event of default,
Engineer shall have no right to receive any further payment
whatsoever until the Work andany approved Additional Work has
been completed and the Company's damages, if any, have been
ascertained.
15. FORCE MAJEURE. Subject to any right given hereunder
to the Company to terminate this Agreement (which right or
rights shall'supercede the provisions of this Paragraph 15), in
the event either party is hindered, delayed or prevented from
performing its obligations under this Agreement as a result of
any fire, flood, landslide, earthquake, other act of God,
malicious mischief, strike, lockout, or failure of any
governmental agency or the other party to furnish information
or to approve or to disapprove any item as required hereunder,
or by any other cause beyond the reasonable control of the
delayed party, the time specified for such party's performance
shall be extended by the period of resulting delay. Engineer
shall immediately notify the Company in writing of the nature
of any delay of Engineer's work and Engineer shall thereafter
make every effort to overcome the delay and resume performance.
In the event of any such delay, Engineer agrees to give
precedence to the performance of this Agreement.
16. GENERAL CONDITIONS. Each of the Exhibits referred to
herein and attached hereto is an integral part of this
Agreement and is incorporated herein by reference. In the
event of any coflict or inconsistency between the terms and
provisions of this Agreement and the terms and provisions of
any Exhibit, the terms and provisions of this Agreement shall
control. Time is of the essence of this Agreement and each and
every provision hereof on Engineer's part to be performed.
This Agreement shall be construed and interpreted under and
shall be governed and enforced according to the laws of the
State of California. Engineer agrees to keep confidential any
and all information concerning the plans, operations or
activities of the Company, its parent, affiliates, divis o
TP63JRE8.10
11. COMP
ENGINEER V111,1
• •
andsubsidiaries which may be divulged to Engineer by any
source in the course of the performance of Engineer's services
under this Agreement. Engineer shall not use the name of the
Company or the Company logo or the logo of any division or
project of the Company without the prior written approval of
the Company. Engineer shall pay all taxes imposed by any
federal, state. or local taxing authority on all payrolls and
compensation of its employees and any other taxes, fees and
charges levied against Engineer on account of this Agreement
under authorization of any law, ordinance or regulation. This
Agreement constitutes an agreement for.the performance of work._
and services-byEngineer as an independent contractor and not
as an employee of the Company. Nothing contained in this
Agreement -shall be deemed tocreate a relationship of
employer -employee, master -servant, partnership, joint venture
or any other__ relationship between the Company and Engineer.
except that of independent contractor. If any legal action or
arbitration proceeding is commenced to enforce or interpret the
provisions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs. In
addition, if any legal action or arbitration proceeding is
commenced against Engineer by third parties in which the
Company is joined as a party, whether such action or proceeding
proceeds to judgment or not, Engineer agrees to reimburse the
Company in an amount equal to the attorneys' fees incurred by
the Company on account of such action or proceeding. This
Agreement contains the entire agreement between the parties
with respect to the subject matter hereof and supersedes all
other agreements or understandings between the parties with
respect thereto. This Agreement may not be modified, changed
or supplemented, nor may any obligations hereunder be waived,.
except by a written instrument signed by the party to be
charged or by such party's agent duly authorized in writing.
No failure or delay of either party in the exercise of any
right given to such party hereunder shall constitute a waiver
thereof unless the time specified herein for exercise of such
right has expired, nor shall any single or partial exercise of
any right preclude other or further exercise thereof or of any
other right contained hereunder. No waiver of any breach of
any agreement or provision contained herein shall be deemed a
waiver of any preceding or succeeding breach thereof or of any
other agreement or provision contained herein. No extension of
time for performance of any obligations or acts shall be deemed
an extension of the time for performance of any other
obligations or acts. Whenever the context hereof shall so
require, the singular shall include the plural, the male gender
shall include the female and the neuter, and vice versa. The
invalidity, illegality or unenforceability of any provision of
this Agreement shall not affect the validity or unenforce-
ability of any other provision hereof. This Agreement and the
covenants contained herein shall be binding upon and shall
TP63JRE6.10
12. COMPAN
ENGINEER )101_
• •
inure to the benefit of the parties hereto and their respective
heirs and administrators, executors, permitted assigns and
successors in interest. Without limiting the survival of any
express provision to that effect, the terms of the Paragraphs
titled 'Insurance' and 'Indemnification' shall be continuing
covenants which shall survive the termination of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this
Agreement the day and year first above written.
COMPANY:
PRESLEY OF
By . By:
Its: VICE PRESIDENT
TP63JRE8.10
Its: SENIOR PROJ MANAGER
•
ADDRESS:
19 CORPORATE PLAZA
NEWPORT -BEACH, CAA. 92660
ENGINEER:
MADOLE AND ASSOCIATES
By : Vo.ct `,
Its: PRESIDENT
ADDRESS:
1820 E. 16th STREET
SANTA ANA, CA. 92701
13.
COMPAN? 1
ENGINEER 1-10•0.
EXHIBIT A TO AGREEMENT FOR PROFESSIONAL SERVICES;.('Agreement').
PRESLEY OF SOUTHERN CALIFORNIA
COMPANY:
MADOLE AND ASSOCIATES
ENGINEER:
SERVICES: ENGINEERING SERVICES
DATE OF AGREEMENT:
9/30/89
BASE LINE SEWER - FONTANA
PROJECT:.
TRACT ('SUBJECT PROPERTY'):
INFRA
I. SCOPE OF WORK:
AS DE ZNED—INI
EXHIBIT A
'THE WORK'
Design and construction documents for the master plan sewer
facility in baseline avenue from Beech Street to the entrance
to tentative tract number 12314.
Field staking of system for construction purposes.
II. BASIC SERVICES: As defined in Exhibits A.1 and A.2.
III. ADDITIONAL SERVICES:
Blue Printing as necessary.
IV. PERFORMANCE SCHEDULE:
N/A
VII. COMPLETION DATE:
TP63JRE8.4
To Be Determined
Exhibit A
1 of 1
COMPANY
ENGINEER 010k
•
COMPANY:
ENGINEER:
SERVICES:
DATE OF AGREEMENT:
PROJECT:
TRACT ('SUBJECT PROPERTY'):
EXHIBIT B TO AGREEMENT FOR PROFESSIONAL SERVICES ('Agreement').
PRESLEY OF SOUTHERN CALIFORNIA
MADOLE AND ASSOCIATES
ENGINEERING SERVICES
9/30/89
BASE LINE SEWER - FONTANA
INFRA
EXHIBIT B
COMPENSATION
The Company shall compensate Engineer for Engineer's
performance of the Work described on Exhibit A and such
additions as may be made thereto pursuant to Paragraph 3 of the
Agreement, as hereafter set forth.
I. COMPENSATION:
A. Compensation for this Project will be as follows:
01-050 CIVIL ENGINEERING (OFFICE) $ 25,000.00
01-051 CIVIL ENGINEERING (FIELD) $ 15,000.00
TOTAL NOT -TO -EXCEED AMOUNT: $ 40,000.00
B. Standard Hourly Rate Schedule.
C. Reimbursable Expenses..
D. Cost Increases.
Billing to be monthly as work is completed. Fee to be "B" and "C" above,
not to exceed "A".
TP63JRE8.4
Exhibit B
1 of 3
COMPANY
ENGINEER hit L14.(
II. SCHEDULE OF PAYMENTS:
Payments to Engineer shall be made as set forth herein
upon delivery to the Company of Engineer's written statement
accompanied by the Company's Progress Payment Schedule form and
other required.documents. Payment will be made according to
the Company's published payment schedule. All requests for
.syment are subject to the Company's review and approval.
ngineer `s written statement shall include all information
reasonably requested by the Company, including, without
limitation, the invoice date, job description, invoice number-;=
contract number,.total contract amount, individual item. oi:ti+ork.�-
or task amounts, percentage of work completed, billing to_'datei
amount previously billed, and amount due on this statement. T=-.
Engineer's statement shall be endorsed by En ineer'_$,Deslgnate�.`J:,
.Representative and shall contain an itemization -of ta):the j, :.
services performed by Engineer for the payment period covered,
by the statement, and(b) the Reimbursable Expenses incurred
during such period.. At the request of the Company, Engineer's
statements shall provide that any payment made on the basis
thereof shall constitute payment'in full for the portion of the
Work described therein and shall certify (i) that the labor,
services and materials,, if any, covered by the statement have
actually been furnished and performed, and (ii) that all •
subcontractors, suppliers or other persons have been paid in
full for any labor, materials or services included in the
statement, or that the amounts set forth in the statement as
due to such subcontractors, suppliers or other persons are the
full amounts due to such parties at the time of the statement.
Such statement shall be accompanied by. an appropriate
unconditional waiver and release or conditional waiver and
release executed by each subcontractor, supplier or other
person whose labor, materials and/or services have been
included in such statement with respect to such labor,
materials, and/or services. The waiver and release shall be in
a form acceptable to the Company and shall comply with the
requirements of Section 3262 of the California Civil Code
any similar successor statute.
Notwithstanding anything herein to the contrary, the
Company may require that all subcontractors, suppliers or other
persons be paid in full by Engineer for all labor, materials
and/or services provided by such party prior to the date of
Engineer's statement. In the event the Company requires
•
payment in full to subcontractors, suppliers and other persons
prior to the Company's payment to Engineer, if all
subcontractors, suppliers and other persons have not been paid
and unconditional waivers and releases complying with the
TP63JRE8.4
Exhibit H
2 of 3
COMPANY
ENGINEER
•
requirements of Section 3262 of the California Civil Code
therefrom obtained, the Company may withhold from the payment
due to Engineer an amount equivalent to the sum owing -by
Engineer to such subcontractors, suppliers or other persons
until Engineer has paid such parties in full and has provided
the Company with an unconditional waiver and release with
respect to such payments as set forth above, or if any such
payments are in dispute, until Engineer has provided the
Company with an indemnity agreement satisfactory to the Company
with respect to the liens or claims of such subcontractors,
suppliers or other persons.
The Company will review Engineer's statement within thirty
(30) calendar days of receipt and promptly notify Engineer -of
any objections. Engineer's statement shall be paid by the
Company within sixty (60) calendar days after -,the Company.'-s,
receipt thereof, unless a bona fide dispute ariiee between -the
parties with respect thereto.
III. OTHER:
N/A
TP63JRE8.4
Exhibit B COMPANY
3 of 3
ENGINEER tit; livk
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1820 EAST SIXTEENTH STREET
MADOLE AND ASSOCIATES, INC.
Consulting Civil Engineering,
Land Planning and Surveying
SANTA ANA, CALIFORNIA 92701 (714) 835-2548
TRANSMITTAL
TO: 5'. £` AVY7749///g DATE: i e7e-97 JOB NO: 6:1'9X j
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latirmA A9-1401622iii-- 05F
ATTEN : J/ / l/D'/DL/OS,_b4 t96P 7 2-/Am f' 7t-
The following items are transmitted by: Mail Messenger AD
Number Description
priiittirs
OefkrirooTg0 fiNtaS
The above items A -• -•_ _ orb ur r vied
are transmitted:
or your approval
For your files
For your action
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For your information
General Remarks: J ?YS6 167490 // AMC) / t5 #(
Copies To: Signed By
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1820 EAST SIXTEENTH STREET
MADOLE AND ASSOCIATES, INC.
Consulting Civil Engineering.
Land Planning and Surveying
SANTA ANA, CALIFORNIA 92701
TRANSMITTAL
TO: /3'1-'77QA),4
291,93 5/6 A /46
ATTEN : �05l f'
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DATE: 9i i ��i JOB NO: 7 % / -r%3
SUBJECT: 41,9SF�lr/N.6-- I /42./VJ, ,jA
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The following items are transmitted by: Mail
Number
Description
Messenger v De.�
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The above items
are transmitted:
=__=
At your request. For your review /
For -your approval , For your action i/ /
For your files ✓ For your information Y
General Remarks:
•
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Copies To: 'J
Signed By: 44yr /e4o
• RECORD OF TELEPHON CONVERSATION
CITY OF FONTANA
Date
/2 3/1
Individual
Job No. / ,
By F.t.4 € 4�fJ?6 -
Project /3 /41444i/W`d:a_ Sewer
Organization
%-oGo,ee
Items Discussed
Phone No(7/'7/)f3f — ZJ 4tf
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Comments or Action Required
BSI-P006 2/80
i a •
CITY OF FONTANA
California
MEMORANDUM
TO: MAGGIE PACHECO, REDEVELOPMENT PROJECT COORDINATOR
FROM: BOB WEDDLE, CITY ENGINEER VAAJ
RE: BASELINE/ALMERIA SEWER PROJECT
DATE: FEBRUARY 10, 1992
As you are aware, the Almeria portion of subject project requires an easement
from Presley of Southern California and permission to stockpile surplus
material (dirt) from the sewer line construction project on their site before
the subject project can be bid.
Additionally, the cost sharing between the City and Presley has not been
finalized for the Almeria line. (The City is 100% responsible for the
Baseline portion from Beech to Almeria). While reviewing a Council report on
this project, Greg Hulsizer, Community Development Director, on February 4,
1992 directed staff to not secure Council approval on the environmental
documents nor get Council authorization to bid the sewer project until these
above noted issues are resolved. Therefore, staff's proposed February 18,
1992 Council hearing was cancelled at Greg's direction.
On February 6, 1992, staff met with the Presley people and their engineer
(rough meeting notes and February 7, 1992 response letter attached). In
order for Presley to sign an easement deed they require that the City move
forward on a number of issues that they have been trying to resolve for
years. (Due to the slow economy and the $150,000/acre infrastructure fee
they do not plan to move on developing their project at this time). In a
friendly manner they realize they are in a stronger negotiating position than
earlier.
Presley's Points:
1. They want a sewer reimbursement agreement as Presley has funded the
design costs of both sewer lines. Presley to pay at a later date
their fair share of Almeria sewer line construction. Baseline from
Almeria to east tract boundary's trunk sewer line is also an issue.
2. Presley believes they are overbuilding the detention basin to allow
for the completion of the development of the Highland/Haven tracts
and therefore want a cost sharing partner or the Highland/Haven site
can detain its own excess flow from the present day condition to the
fully developed condition. Presley is looking towards the RDA as
the current developer of the Highland/Haven tract to be a partner in
the costs of constructing the basin. They do not want to deal with
individual vacant lot owners.
Memo to Maggie Pacheco •
February 10, 1992
Page Two
3. Will the Design Review process preclude the construction of the
detention basins for tracts that have recorded but not secured a
design review approval. If they cannot detain then they cannot
construct their storm drain that connects to the Highland/Haven
project nor build any homes.
Presley understands that Planning staff is making this
recommendation even though the specific plan notes detention basins
are needed to reduce peak flows and they have a recorded map that is
bonded to construct the basin.
Therefore, this is to request your assistance in bringing all appropriate
parties together for a meeting with the Presley people on Wednesday
afternoon, February 19 or Monday afternoon, February 24, 1992.
Your expeditious help is appreciated so that we can get through one more
hurdle towards constructing this project.
RWW:sh
Enclosures
cc: G. Hulsizer
D. Gee
D. Martinez
K. Anderson
R. Cota
F. Molinos
• •
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SENT BY: Olivetti FX 21000 2- 7-92 ; 1:51PM ; 714640150 3505519;# 1
PRESLEY of SOUTHERN CALIFORNIA
February 7, 1992
Mr. Robert W. Weddle
City Engineer
City of Fontana
P. 0. Box 518
Fontana, CA 92334
Re: Tract Number 12314 and'10800
Dear Bob:
As discussed in our meeting of February 6, 1992 we would like to
request a meeting with the appropriate parties to discuss two
issues concerning the detention basin required for the above
tracts.
The first issue is regarding the information we have been receiving
about the Design Review Board's disapproval of the use of detention
basins for tracts that have been recorded. As you know, we were
conditioned to use a detention basin and completed our improvement
plans on that basis. We also have recorded maps.
Secondly, we would like to discuss the City's participation in the
cost of the detention basin, as approximately 40% of the area
tributary to the detention basin is from the redevelopment area
north of our property. 5
AL
As far as sting dates go, it looks like Wednesday afternoon
February around 1:30 p.m. is best for all of our calendars,
with Monday February 24th as a back-up date.
It certainly was a pleasure meeting you and we are appreciative of
your taking the time to put the meeting together. Be sure to let
me know if you need any additional information.
Sincerely,
Steven . Jones
Project Manager
19 Corpcante Plana • Newport Bach, California 92660
(714) 640-6400 • PAX (714) 640-1643
Mailer Addax: Pot a5Ct Boas 6110 Newport dears, Ciltitenta v265e-6110
hit
•
EXHIBIT C
STANDARD BILLING RATES FOR TIME AND MATERIALS
EXTRA WORK AND OUTSIDE SERVICES
The CITY OF FONTANA agrees to pay ENGINEER as compensation for
all authorized or additional work heretofore stated, at the
hourly rates set forth below. All such extra or additional work
must be authorized by CITY OF FONTANA in writing to ENGINEER
prior to commencement of such extra work by.
authorized agent for CITY OF FONTANA.
OFFICE
OFFICE TECHNICAL PERSONNEL:
DESIGNER - $ 82.00 PER HOUR
DRAFTER - $ 56.00 PER HOUR
FIELD
TWO MAN SURVEY CREW - $ 148.00 PER HOUR
OUTSIDE SERVICES
CITY OF FONTANA shall pay the costs of all agency fees, permits,
bond premiums, title company charges, delivery charges,
blueprints and reproductions and all other outside charges and
expenses.