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CITY OOUNCIL
AGF.IVLY~1
Lions Park Community Center
9161 Base Line Road
Rancho Cucamonga, California
March 7, 1984 - 7;30 p.m.
A71 items submitted for the City Council Agenda must be in writing. The
deadline for submitting these items fs 5:00 p. m. on the Nednesday prior to the
meeting. The City Clerk's Office receives all such items.
1. CALL TO ORDER
A. Pledge of Allegiance to Flag.
B. Roll Call: Duquet X Dahl Frost ~,
Schlosser ~, andels ~-.
C. Approval of Minutes: December 1, 1983
December 21, 1983
January 18, 1984
2, ANNOUNCEMENTS/PRESENTATIONS
A. Nednesday, March 14, 1984, 7:00 p.m. - PLANNING
COMMISSION MEETING, Lions Park Community Center.
O. Thursday, March 15, 1984, 7:15 p.m. - PARK ADVISORY
COMMITTEE, lions Dark Community Center.
C. Thursday, March 22, 1984, 7:30 p.m. - ADV CSORY
COMMISSION, Lions Park Community Center.
D, Presentation of Proclamation to Girl Scouts of U.S.A.
fn recognition of the 72nd anniversary of fts founding.
E. Presentation of Proclamation to Pomona Valley Community
Concert Association in recognition of the high quality
concert seasons they have brought to this area.
F. Presentation recognizing Thomas G, Nickum for dedicated
service and leadership as Commander of Rancho Cucamonga
Sheriff's Substa Lion.
City Council Agenda -2- March 7, 1984
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be
routine and non-controversial, They will be acted upon by
the Council at one time without discussion.
A. Approval of Narrants, Register No's. 84-3-7 and Payroll 1
ending 2/23/84 far the total amount of f176,619.96.
B. ADDroval of Narrants, Assessment District 82-1 as 5
follows: 12/20/83 for f7, 007.14; 12/29/83 for
f1,408,511.30: and 1/25/84 for f33,856.24.
C, Approval of Narrants, Assessment District 82-2 as 8
follows: 11/4/83 for 54,960.00; and 12/20/83 for
52608.39.
D. Alcoholic Beverage Application No. AB 84-05 for On-Sa le 10
Beer d Nine Eating Place License, Julia Gu ttero, 8151
E. Ninth Street.
E. Approval of Improvement Agreement and Bonds for Tract 12
No. 9400, submitted by Prado Noods, located on the
north side of Banyan Street between Beryl Street and
• Carnelian Street.
RESOLUTION N0. 84-41 22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT ANO iMPROYEMENT
SECURITY FOR TRACT N0. 9400
F. A royal of 3mprd ement Agreement and~lmproveine/it 23
Sec ,ty of Final ap for Tract Ma~65. 12026 nd
12027, s muted by arlborough Ogvehn\ment Co ~.,
located the west~de f Ramona venue, so th of
Church, ree t.
RESOLUTION N0. 84-42 31
A RESOLUTION OF 7HE CITY COUNCIL OF THE CITY I~'4
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING !; ~~.~~ti° ~~~
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY ~~
AND FINAL MAP OF TRACT NOS. 12026 AND 12021 i~!CL~-~¢.cc.~-.c
City Council Agenda -3- March 7, 1984
G. Approval of Improvement Agreement and Bonds and Final 32
Map for Tract Nap No. 11013, submitted by Lewis Homes,
located on Lhe east side of Amethyst, south of Banyan
Street, and also accept Easement Deed from the
Metropolitan Na ter District.
RESOLUTION N0. 84-43 6p
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO GUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY
AND FINAL MAP OF TRACT N0. 11013 AND EASEMENT
DEED FOR STREET PURPOSES
H. Approval for revision to improvement and Maintenance 53
Agreement for Tract 12044 (Victoria Project), submitted
by Foothill Associates, located between HTghla nd Avenue
and Base line Road, west of Etiwanda Avenue.
RESOLUTION N0. 84-44 63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
• REVISED IMPROVEMENT AND MAINTENANCE AGREEMENT
BETNE EN THE CITY AND FOOTHILL ASSOCIATES FOR
TRACT 12044 (VICTORIA PROJECT)
1. Approval of Bonds and Agreement and Final Map for Tract 64
No. 12320-I, submitted by Barclay rTerra, located at ~,~„~,
the southeast corner of Victoria Street and Archibald ~~
Avenue. L~i)
RESOLUTION N0. 84-45 97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT, CMPROVEMENT SECURITY
AND FINAL MAP OF TRACT N0. 12320-1
J. ADDroval~of Improvement Agreement, Improvement Securf ty 98
and Rea'1 Property Improvement Contract and lien
Agreement and Final Map for Tract No. 11797, submitted
by Elite Construction, located on the east side of
Archibald Avenue, north of Base Line Road.
t
CT ty Council Agenda -4- March 7, 1984
RESOLUTION N0. 64-46 122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY
ANO REAL PROPERTY IMPROVEMENT CONTRACT AND
LIEN AGREEMENT ANO FINAL MAP OF TRACT N0.
11797
K. Approval of Improvement Agreement, Improvement Security 123
and Lien Agreement for DR 83-13, submT tied Dy Jack
Butler, located on the south side of Foothill Boulevard
between Heilman Avenue and Vineyard Avenue.
RESOLUTION N0. 84-47 145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO LUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY
AND REAL PROPERTY IMPROVEMENT CONTRACT AND
LIEN AGREEMENT FOR DEVELOPMENT REVIEN 83-13
L. Approvfng Improvement Agreement and Improvement 145-A
• Security for Development Review 83-18, suDmi tied Dy
James C. Bice, located on the west side of Vineyard
Avenue, north of Arrow Route.
RESOLUTION N0, 84-48 145-K
A RESOLUTION OF THE CITY COUNCIL OF THE C[TY
OF RANCHO CUCAMONGA, LAL IFORNIA, APPROVING
IMPROVEMENT AGREEMENT AND IMPROVEMENT
SECURITY FOR DEVELOPMENT REVIEN 83-18
M. Release of Bonds: 146
Tract 9435 - located on the east side of Haven, north
of Victoria; owner, Crismar Development.
MonUmen to ti on Band f 3,250
CUP 82-24 -located on the southeast corner of Haven
Avenue and Arrow Route; owner McIntyre Properties.
Faithful Performance Bond (Road) f23,200
~J
City Council Agenda -5- March 7, 1984
~~
RESOLUTION N0. 84-49 148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA,~ CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR CUD 82-24 AHD
AUTHORIZING THE FILING OF A NCTICE OF
COMPLETION FOR THE NORK
N. Approval and execution of agreement with San Bernardino 149
County Flood Control District to maintain landscaping
installed along Cucamonga and Deer Creek at street
intersections.
0. Approval of Cooperative Agreement with Ca lTrans for 153
construction of a traffic signal at Foothill Boulevard
and Hellman Avenue.
RESOLUTION N0. 84-50 160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING
THE EXECUTION OF A COOPERATIVE AGREEMENT NITH
• 7HE STATE OF CALIFORNIA
P, Approvai of Base Line Road Sidewalk improvement Project 161
and f411ng of a Notice of Comp sett on, and release
Performance Surety.
Faithful Performance Bond 552,324
RESOLUTION N0. 84-51 163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR BASE LINE ROAD
S IDEHALK IMPROVEMENT PROJECT ANO AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION FOR THE
NORK
Q. Approval of a cooperative effort relative to Southern 164
California's Na ter Supply problems.
:i
City Council Agenda -6- March 7, 1984
•
RESOLUTION N0. 84-52 165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, URGING A
COOPERATIVE EFFORT RELATIYE TO SOUTHERN
CALIFORNIA'S NATER SUPPLY ANO DEMAND
R. Approval that Derbish, Guerra and Associates, an 167
engineering consulting firm, located in Ontario be
engaged to complete PSdE for an Access Roadway leading
to the Bear Gulch Elementary School and Arrow Highway
Improvements along the frontage of the adjoining park
site.
4. ADVERTISED PUBLIC HEARINGS
A, COMMUNITY FACILITIES DISTA ICT N0. 84-1 - DAY CREEK 168
L - e ounc s a con uct
a Baring on t e establishment of a Community
Facilities Oistr ict to consider the calling of a
special election to establish a tax for the
construction of the Day Creek Channel.
• RESOLUTION N0. 84-53 172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING
CERTAIN CHANGES AND MODIFICATIONS TO THE
RESOLUTION OF INTENTION AND PROCEEDINGS
RELATING TO THE FDRMAT ION OF A COhE4UNiTY
FACIL 1i1ES OISTR ICT
RESOLUTION N0. 8-54 175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, MAKING
CERTAIN PRELIMINARY FINDINGS AND Pq SS ING UPON
PROTESTS
RESOLUTION N0. 84-55 178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CAL IFO0.NIA, DECLARING
AND ESTABLISHING THE FORMATION OF A COMMUN [1Y
FACILITIES DISTRICT, AND AUTHORIZING
SUBMITTAL OF LEVY OF SDECIAL TA%ES TO THE
QUALIFI EO ELECTORS
City Council Agenda -7- March 1, 1984
•
RESOLUTION N0. 84-56 183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING
NECESSITY TO INCUR A BONDED INDEBTEDNESS, AND
SUBMITTING TO THE QUALIFIED VOTERS OF A
COMMUNITY FACILILT iES DISTRICT A PROPOSITION
TO INCUR A BONDED INDEBTEDNESS SECURED BY A
SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL
FACILITIES IN A COMMUNITY FACILITIES
DISTRICT, AND GIVING NOTICE THEREON
RESOLUTION N0. 84-87 188
R RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING
THE FILING OF NRITTEN ARGUMENTS REGARDING
CITY BALLOT PROPOSITION
RESOLUTION N0. 84-58 191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, DIRECTING
• THE CITY ATTDRNEY TD PREPARE AN IMPARTIAL
ANALYSIS ON A COMBINED BALLOT PROPOSITION
RESOLUTION N0. 84-59 194
A RESOLUTION OF THE CI'(Y COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS TO CONDUCT A SPECIAL
MAILED BALLOT ELECTION RELATING TO THE
INCURRING OF BONDED 2NDEBTEDNESS ANO THE LEVY
OF A SPECIAL TAX IN A COMMUNITY FACILITIES
DISTRICT
RESOLUTION N0. 84-60 198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING
FOR- THE FILING OF REBUTTAL ARGUMENTS FOR
BALLOT PROPOSITION RELATING TO THE INCURRING
OF A BONDED INDEBTEDNESS SECURED BY A SPECIAL
TA% i0 PAY FOR CAPITAL FACILITIES IN A
COMMUNITY FACILITIES DISTRICT
City Council Agenda -8- March 7, 1984
5. NON-ADVERTISED HEARINGS
A. PUBLIC IMPROVEMENT CONSTRUCTION PERMIT CODE -Recommend 201
a option o revise co a governing wor within the
public rf ght-of-way. Item continued from Fehrua ry 15,
1984 meeting.
ORDINANCE N0. 218 (second reading) 201
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADOPTING CHAPTER 12.03, PUBLIC
IMPROVEMENT CONSTRUCTION PERMITS AND AMENDING
TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE
B. CABLE TELEVISION NATTER - The City Council will conduct 210
a pu is Baring regar ing an ordinance which provides
for the establishment and granting of cable television
franchises or Dri vi leges for the construction,
maintenance ar.. operation of cable communica lion within
the City of Ra ncha Cucamonga.
RESOLUTION N0. 84-61 213
• p RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, DIRECTING
PUBL [CATIONS IN ACCORDANCE KITH GOVERNMENT
CODE SECTION 36933 (c) (2) - CABLE TELEY ISION
FRANCHISE ORDINANCE
ORDINANCE N0. 220 (first reading) 214 l~,j«, .'1.
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADDING TITLE 7 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE TO PROVIDE FOR THE
ESTABLISHMENT AND GRANTING OF FRANCHISES OR
PRIVILEGES FOR THE CONSTRUCTION, MAINTENANCE
AND OPERATION OF CABLE COMMUNICATION, OR
CABLE TELEVISION SYSTEMS AND FURTHER
PROP IDING FOR THE CONTINUING REGULATION AND
ADMINISTRATION OF THESE FRANCHISES AND THE
ACTIVITIES RELATIVE TO TN EM
City Council Agenda -9- March 7, 1984
ORDINANCE N0. 210-8 (urgent) 259
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, E%TENDING THE MORATORIUM ON THE
FILING AND PROLESSiNG OF APPLICATIONS FOR
LICENSES TO CONSTRUCT, OPERATE OR MAINTAIN
COMMUNITY ANTENNA TELEV[Si ON SYSTEMS IN THE
CITY FTR AN AODIT IONAL PERIOD OF NINETY (90)
DAYS, AND DECLARING THE URGENCY THEREOF
ORDINANCE N0. 221 (first reading) 260
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, REPEALING CERTAIN PROV iS I0N5 OF
THE SAN BERNAROINO COUNTY CODE, HERE70FORE
RDOPTED BY REFERENCE, PERTAINING TO THE
REGULATION OF COMMUNITY ANTENNA TV SYSTEMS
6. CITY MANAGER'S STAFF REPORTS
A. ALTA COMA CHANNEL LOAN APPLICATION FINAL DRAFT REVIEN - 261
t is recommen e a ounc approve a na raft
• of a loan application to be offered to partiaity
developed ar non-conforming uses impacted Dy the Alta
Loma Channel Assessment District 82-2.
B. ELECTION MATTERS - It is necessary that Council adopt 26q
eso utiRT ons appoTn Ling precinct workers and naming the
City Clerk as the Official to conduct the canvass of
ballots after the Municipal Election.
RESOLUTION N0. 84-62 264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ESTABL iSHING
VOTING PRECINCTS AND POLLING PLACES,
APPOINTING PRECINCT BOARD MEMBERS AND FI%ING
COMDENSATION FOR THE GENERAL MUNICIPAL
ELECTION OF THE CITY ON TUESDAY, APRIL I0,
1984, CALLED BY RESOLUTION NO. 83-222 OF THE
CITY COUNCIL
City Council Agenda -10- March 7, 1984
RESOLUTION N0. 84-63 270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, C#LIFORNIA, ORDERING THE
CANVASS OF THE GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, APRIL 10, 1984, TO BE
MADE BY THE CITY CLERK
C. DEER CREEK PARK - PROPOSAL BY LENTS HOMES - An oral
report y i o ey.
1. COUNCIL BUSINESS
ADJOURNMENT
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DATE:
i0:
FROM:
BY:
SUBJECT
CITI OF RA\CHO CtiCA\10\GA ~~o~sio
STAFF REPORT ,;°~' t~9
_~'r
~l ~ Y
_ `'~'- I>
March 1, 1984 - i~~---
City Council and City Manager
Lloyd B. Hubbs, City Engineer
John Martin, Assistant Civil Engineer
Approval of Improvement Agreement and Bonds for Tract 9400
submitted by Prado Woods located on the north side of Banyan Street
between Beryl Street and Carnelian Street
The attached bonds and agreement for Tract 9400 to construct model homes on
Banyan Street between Beryl and Carnelian Streets are submitted for Council
approval. The project is a division of 5 acres into 12 lots. This
subdivision has been recorded for five years but never developed,
The bond amounts submitted are as follows:
Faithful Performance Bond 529,000.00
Labor and Material Bond: 514,000.00
RECOMMENDATION
It is recommended that City Council adopt the attached resolution accepting
the bonds and agreement authorizing the Mayor and City Clerk to sign on behalf
of the City.
Re~tfully submitted,A ~J
LBR: ~aa
Attachments
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tICA~~~t tllh~
~a°t~ , ~~, CITY OF RANCHO CUCMIONGA ~ c~ iu
~r~~~\ o~> 9 400
r ~~i, ~:
~ ENGINEERING D1~'ISION ~ T
~"r ~~ VICINITY MAP 1\~II ~ c
P B Z
CITY OF RAN CIID LOCAMONGA
IMPROVEMENT AGREEMENT
FOR
MODEI HONES FOR T0.ALT 9400
KNOW ALL MEN BY THESE PRESENTS; That this agreement is
made and entered into, in conformance with the provisions of the
SubdivisiDn Map Rc[ of the State O/ Lal i/ornia, and of the
applicable Ordinances of the City of Rancho Cucamonga,
Califarni a, a municipal corvor ati on, oy and between said City,
herginaiter referred to as the City, and Prado Corpordtion
here tnaf ter referred to as the Developer,
NITNESS ETH:
THAT, NHEREAS, Bald Developer desires to develop certain
real property in Said Lity as shown on [he cpndi Clonally approve0
Su bdivls ion known ai Tract 9400 (Model Namesl; and
WHEREPS, said City has established c¢rtain requir_m en is
to be met by saitl Ocvelop er as prerequisite to aDD rovai nl saiJ
su bdfvis ion generailY lpcated at Banyan Street and Vineyard
Rv en ue.
NON, iMEgEF ORE, It is hereby agreed by said Clty and by
said Developer as follows:
1. The Developer hereby agrees to construct a[
Oevelpper's expense all improvements described on Page 6 nere-
pf within twelve mpnths from the effective date her eqf.
• 2. This agreement shall be effective on [he date of the
rexplu ti on of [Ae Council of sold Lity app rpr ing to is
agreement. This agreement shall be in default an the day follow-
ing [he first anniversary date o/ said approval milnss an exten-
sion of time Aas 6eun granted by said Lily as herelnaf ter provrtl-
ed,
3. The Developer may reou eit an extension of time to
complete the terms hereDf. Sucn request shall be submitted [m
the City in xri[In9 not less than JU days before the expiration
date hereof, and shall contain a statement of circumstances
necessitating the extension of time. The Cl ly snail have [he
right to review the provisions p/ to is rgreement, Including the
construction standards, cast estimate, and imp ro vein¢nt security,
and to require adJ ustments lhero in if anY substantial change has
occurred during the term hereof,
4. If the Developer fails ar neglects to comply wfth
the provisions of this agreement, the City shall nave the right
at any time to cause said provisions to be met by any lawful
means, and thereupon recover tram the Developer and/or his surety
the full cost and expense incurred.
5, Thg DevelaDer shall provide metered water service tp
each lot o/ said development in accordance bi th the regulations,
schedules, and fees o/ the Cucamonga County Water Oistr ict.
6. The Developer shall 6e resD Onsib le (or reDlat emenl,
relocation, gr removal of any cpmponent of any Irrigation water
system 1n coot tic[ with construction of required fmpr ovemen [s to
the satisfaction of the Lity Engineer and the owner of such eel er
system,
4
7. Improvements repuired to be constructed shall
conform to the Standard DrawingT and Standard Sp ec ffica[I Ons v1 '
the Ci[y, and to the Improvement Plan approved by and on (Ile in
the oflfce of the Ci [y Engineer. Said fmprovemen is are tabulat¢tl
on the Construction and Band Estimate, hereby incorporated on
page 6 Hereof, as cak en /ram [he Improvement plans Iisl ed thereon
by number. The Developer shall also b¢ resp ons sole far construc-
tlan o/ any transit tons yr other Incidental wa rk beyond the tract
bo andaries as needed /ar safety and proper surface drainage.
Errors or ommissions discovered during con strut[ In shall be
corrected upon the direction of the Gity Engineer. gevised nark
due !o said Dlan mods/icatlonT shall be coveretl by the provisions
of this agreement and secured by the surety covering the original
planned works,
D. Cq nst rut [ton permits shalt be obtained by the
Develop er from the office of Me City Engineer orlar to start of
Bork; ail regulalians listed thereon shall be observed, wi lh
attention given to safety procedu rei, control of dust, noise, or
other nuisance to tAe area, and to proper notification of publ is
utilities and City Departments. failure to camplY with this
sec clan shall be subject to the penalties provided therefor.
9. The Developer shall be responsible for removal o/
all loose rocks and ether tlebr if from public rf9hts-m/-way within
ar adj vining said development resu ltinq from work relative to
Bald development,
Ip. Work done within etisting streets shall De
tlll igently pvriu eO fa completion; [he Clfy shall have the right •
t0 complete any antl all work in LHe event v/ unjus[itletl delay in
completion, and to recover all cos[ and dap dose Incurred Irom the
peveloper and/or His cantr ac tar by any lawful means.
il. Said peveloper shall at all times following dedica-
tion of the streets and easements in said subidivision, up [a the
completion and acceptance of Said work or Improvement by saltl
City Council, give good and adequate warning to the traveling
public of eacA and every dangerous condition ekistent in said
street ar easement, and will protect the traveling puhlic tram
such defective ar dangerous conditions.
Until the completion of all Improvements, herein incorporated on
Page 6 , to be pert armed, eacA of said streets no[ accepted aT
improvements shall he under [he charge o/ said Developer. Sold
peveloper may close all or a portion of any street subject to the
<o ndlti ons contained in a temporary Street cios ure permit, Issued
by the Ctty Engineer, whenever It is necessary to protect the
public during the conitr action of the im pr ovementi herein agreed
tv be made,
12. Parkway trees ^ ^,^~^e^ !v be planted shall De
planted Dy the peveloper alter^ot her Improvement work, gratliny
and cleanup has been completed. Plants ng shall be done as
pr ovlded by Drdinan ce In accordance with the planting tllagram
approved by [he [Icy Community peve lopment pirec tor,
The peve lap er shalt be respgnsible for maintaining all trees
planted In good health until the end of the guaranteed
maintenance periotl, or for one year after planting, wh icAev er ii
later,
il. The peveloper is responsible for meeting ail condi-
tions established by the City pursuant Lo the Su bdivlsion Nap
Act, City Drdlances, and this agreement for the development, and •
for the maintenance of all fmprovements constructed thereunder
.2.
/~~
[ICY OF RANCIIG CDCAM ON GA
INPROVENEH7 AGREEMENT
FOR
MOOEL IIONES FOR TRACT 9400
KNOW ALL MEN BY THESE PRESENTS: That this agreement is
wade and entered into, in conformance with the ProviS ions Ot the
Subd lv ision Nap Ac[ of the State of California, and of the
applicable Ordinances of the City of Rancho Cucamonga,
California, a mun5cipal carp or atiOn, by and between said City,
h<reind(ter Y<f K red Lo d5 th< [1[y, dnd PfddO CpfpO rdtiOn
hereinafter re/erred to as [he Developer,
NITNE SS EiH;
THAT, NHEftEAS, said Developer desires to develop certain
real property In said City as shown on the cpndi Clonally approved
subdivision known as Tract 96V0 (Model Nomes)I and
NNERE AS, said City has established certain requirements
to be met by sold Developer as prerequisite to approval of said
subdivision generally located at Banyan Street end Yineyard
gvenue,
NOX, iNE0.EFORE, it is hereby agreed by Bald Clty and by
said Oeve toper as follows:
1. The 0eve toper hereby agrees to construct at
OevelaDer's expense all improvements described on Page fi hero-
of within twelve months Irom the eRective date hereof.
• 2, This agreement Shall be effer,t ive on the date of the
reselu lion of the Ca until of sold City ap0 roving this
agreement. This agreement shall be in de/auit on the day (ollow-
tng the first anniversary date of said approval unless an eaten-
slon of time has been gran led by Bald City as hereinafter provid-
etl.
3, The Developer may request an ex[ensf on of time to
complete the terms hereof. Such request shall be submitted to
the Cf ty in writing hat less than gU days be/ore the explrativn
date hereof, and shall con Cain a statement o/ circumstanc e5
nec¢ss hating [he extension of time. The [Ity shall have the
right to review the provisions ai this agr nement, Including rile
c onstruc[lon standards, cost estimate, and imOroveinent security,
and to require adjustments therein 1/ any substantial change has
Occurred during the term hereol.
4, H the Oevelop¢r fails or neglects to comply with
the provisions of lAis agreement, the Clty shall have the right
at any lime [o cause said provisions to be met by any lawful
means, dnd thereupon r¢COV <r Irom the Developer and/Or his Sufety
the full cost and expense incurred.
5. The D¢ve toper shall provide metered water service to
each lot of said development is actor tlance wile [he regu la[I Ohs,
schedules, and fees pf the Cucamonga Cvun [y Nater District.
6, The Developer shall be responsible for replacement,
relocation, or removal pf any component of any Irrigation water
system in conf llct with cans trucli0n Of required Imps ovemen is to
the sari sf action of the f.i ty Engineer and the owner of Such water
system.
1-
a, L =~ ~f
u nt 11 the Improvement is accepted for maintenance by the Clty,
and no imDrovemen[ security provided hereinwith shall be re teased
be/ore wch acceptance unless others ise provided and authorized
by the Clty Council of the City,
14, Th ii agreement shall not terminate until the
mainten ante guarantee security herefna/ter described has been
released by the City, or until a new agreement together eith Ne
required Improvement security has been submitted to the City by a
4ucceSa Or to the herein named, and by resolution pf the CI[y
Council same has been accepted, and this agreement and the
Improvement security therefor has been released.
lh. The improvement securl ty to be furnished fry the
Developer with this agreement shall consist of the /allowing and
shall he in a (arm ac reptable by [he City pf[o rney:
A. is secure falthtul performance of this agreement.
1. A bond or bonds by one or mare July oath or lzeJ
car porate sureties in the Porm and content
specified by Government [ode Section 66499.1.
2. qn Improvement Security Instrument in file form
and content specified by the City Attorney.
3, p deposit with the Clty of money or negatl able
bonds of the kind approved for securing
d¢posils of public monies.
B. io secure laborers and materialmen;
1. A bond mr banes by one or more duly authorized
corporate sureties in tha Pofm and Con ten[
sp ecf lied by Government Cade Section 66499.1.
2, An Improvement Security Instrument in the (arm
and content specified by the City Af to rney.
7. A deposit with City of money or neg o[tab le
bonds of the kind aDDroveJ far securing
C. A cash deposit elth the [i [y to guarantee payment
by Chi bevelop er to the engineer or surveyor whose
certificate appears upon the final Map for the
setting of all boundary, lot corner, and street
centerline monuments and for furnishing centerline
tie notes [o the City, The amount of the deposit
may be any amount cert V led by the engineer ar
surveyor as a¢ep[able payment in fulfil or, 1/ no
value is submi t[ed, the cash bond shall be as shown
an the Construction and Bond Estimate contained
herein.
Said cash deposit may be refunded as soon as proce-
dure permits after receipt by the City of ehe
centerline tie notes and wrl lten assurance a(
payment in full from the engineer or surveyor.
The required bontls and Me print ipal amounts
thereof are set forth on page fi of this agreement.
16. The Developer warrants that the lmprovemants
de scribed In this a9r eemen[ shall be /roe tram de(ec is in
mater lals and wprkmanship. Any and ail portions of the Improve-
ments found to 6e defective within one (t) year /oliow inq the
data an which the improvements are accepted by the City shall be
repaired or replaced by Developer free o1 all charges to [he
City. The Developer shall Porn fish a maintenance guarantee
secuN ty In a sum equal Lo ten percent (ID %I pf the construction
estimate or 5200,00, whichever Is greater, to secure the faithful
performance of DevelaD er's poligatlons as described in this Dara-
graph. The maintenance guarantee recur sly shall also secure the
(al[hf ul performance by the Developer o/ any obilgatlan of the
_)_
lp
0<veloper to do sp ecifled Bork wi [h resDe<t to any parkway
maintenance assessment district. Once [he improvements have been
at<ept ed antl a ma inten ante guarantee Security has been accepted
by the City, the other impravem ent security de scri~ed'in this
agreement may be released provided that such release Is otherwise
authorized by [he Subdivision Map pct and any applicable City
Ordinance.
t7. That the Developer shall take out and maintain such
public liability and property damage insurance as shall pr otett
bin and any contractor Or su hcOn[rac tar per /orming work covered
by this ~agr Bement from claims far pr op¢r[y lama g¢s which may
driT! because Of the nd[Jr¢ pf [h¢ work Or fT On OD¢rd[i00T Jnd¢r
this agreement, whether such operations be by himsnll or by any
contractor or subc0 nir ac [or, or anyone directly or indirectly
employed by said persons, even though such damages be not caused
by the ne 91i9ance of the Developer or any contractor or
subcon[r actor or anyone employed by Said persons. The public
liability •nd property damago Insurance shall Ils[ the Lity as
addf tonal insured and directly protect the City, its ofliters,
agents and emp l0yeei, as well as the Developer, his contractors
abd IIiT TUbc Untf actOrT, d^d dll InTUYante pnl lCl ¢T ISfUOd
hereunder shall Tp state. the minimum amounts o! such insurance
shall be as follows:
A. Contractor's (lability insurance Orov iding boar y
Injury or death (lability limits o1 not less tha
TJ00, 000 for each person and (1,000,000 for each
accident or Occurrence, and prop er[y damage (labil-
ity limits o/ nOC less than 3100,000 for each acci-
dent or occurrence Bich an aggregate limit of
SYSD,DDD for claims which may arise tram the Opera-
tions of the 0¢velOper in the performance of the
work herein provided,
0, Automobile liablli ty Insurance cOV¢ring all
vehicles used In the per Pormance 01 th lT agreement
providing bodily Injury liability limits o1 not
less than SZ 00,000 for each person and (700,000 (or
each accident or occurrence, and property damage
liability Iimi is of not less than 550,000 for each
accident Or occurrence, with an aggregate OI not
less than 1100,000 which may arise from [he Opera-
ttans of the Oev¢lOp er or his Con [r actor In
pert arm ing the work provided for herein.
18, That before the execution bi this agreement, the
Deve toper shalt ti le with the City a certificate or certificates
of in suran<e covering the specV led insurance, Eath such
certlilcace shall bear an endorsement precluding [he
cancellatlOns, Or reduttlon In coverage a/ any policy evidences
Oy such certi/[care, before the expiration of thirty (]0( days
alter the City shall have received nO [l/icatlon by registered
mall lr on [he insurance carrier,
As evidence of un0eritandin9 the provisions contained herein, and
of intent to comply with same, the Su bd hider has submf tted the
following described impravem en[ security, and has a/fixed his
signature hereto:
•
-4-
1 H
CITY OF PPNC110 CU[N30NGA
CONSTRUCTION EST INATE
ENCROAGIMENT PERNIT FEE SCHEDULE
For Improvement of: Tract 940 ~Mo del Homes)
Date: 1/31/64 - - - --computed by: bison
f 11e Reference: City Org. No. -73~~
IpTE: Ooes rrot iric lode current fee f or
rriting permit or pav®en[ deposits .
LON $TRULi1CN COST EST IRATE
I7EM uAAiIiY U.1IT Uiai COST f AMOUNT
P.C.C. Curb - 5" 0.F. J06 L.f. 6. C0 1836.00
P.C.C. Curti - e• L.F. 103 L.F. 6,50 1189.50
P.C.C. Curb only 6" C.F. 63 Lf. 10.00 6]0.00
A.C. 8¢rm (1200 min.)
4• P.C,C, Sl deralk
6" Or ive Approach 450 S.F. 1.00 1350.00
B• P,C,C. Lro ss Gutter 638 S.F. 3.W 1914.00
Stre<t Excavation
Imported Embankment
Preparation a/ Subgrade 11,700 S.F. .15 16.95
Crushed Aggregate Base (per in. thick) 11,300 S.i. ,50 5650.00
A.C. (over 1700 tans)
P.C. (900 to 1700 tons)
A.C. (under 500 to 900 tons)
A.[. (under 500 tons) 11,300 S.F. .50 5650.00
Patch A.C. (trench)
AdJust serer manha le to grade
AdJust serer clean out to 9r ade
AdJust rater valves m gratle l Ea 100,00 307.00
Street Li9h is 3 Ea 1000.00 3000.00
Street Signs l Ea 100,00 IOU.00
Street Trees
Parkray landscape and Irrigation
Services 7 Ea 250.00 750.00
Barricade L.S. lump Sun 625.00
2 x 4 Ndr 324 L.F. 1.75 560.75
CONSTAULTION COST _ 525, 258.25
CONi INGEIICY L05T5 S 2. 526.00
TOTAL CONSTRUCTION 527, 784.25
iAITNF UL PEAFORMPNCE SURETY (1005) 528 000 00
LABOR PNO HATERIAL SFCU0.ITY (505) 514 ,000.00
ENGINEERING INSPECTION FEE f 1, 389.22
•A ESTORAi ION/OEL(ryEATION CASN DEPOSIT S 1 ,000.00
(0.EfUN0ABLE)
MONDMENTAi 1011 SURETY (CPSH) ___ ___.___.
•PUrsuant to City of Rancho Cucamonga Nunic ipal Code, Title I, ChaOter 1.08,
adapting San Bernard{no County Cade Titles, Chapters I-f, a cash
restoration/delineation deposit shall De Wade prior to issuance of an
Engineering Construction Permit.
-6-
•
N
FAIT Hf UL PER FORMARCE
TY De: Prfnc ipal Amount: 528,000,00
Name and address of surety:
MATERIAL AND LABOR PAYMENT
TYPe: Principal pmount: 314,000.00
Name and address of surety:
C ASN DEpO SIT MONUNENT ATIUN
Type: print ipal dmount:
Name and address o/ surety;
MAINTENANCE GUARAXTEE
TYPe: Principal pmount:
Name and adtlress of surety;
TO BE POSTER PR IOfl TO ACCEPTANCE BT THE CITY
IN RITNESS HEREOF, the Darties hereto have caused these
presents to De duly eeecu ted and acknorteaV ed elth all
' tormali ties reNul red by lam on the tlates set farm opposite their
stgnatur^_s.
Oate Feb. n. 1984 by ~P~UO Co[pora on __ Oe:~cl0per
~_~i~J
i/I~rti• ~ y
JO 8. UpCOnr T[e ~~e
Accevted:
City of Rancho Cuc amanga,
Ca llfornla
q Mun tcipal Carpor atipn
By: Mayor
Attest;
'~ ti y c.e rk'-i
~~ .
ADPrvved; ~ r ' ~'~ / -
L
DEVELOPER'i SIGNATURE MUST BE NOTARI2E0 •
-5.
a
/~.
IMPROVEMENT SECURITY IN STRUMEHT
for
Tract 94U0 (Model ryomes)
TNIS AGREEMENT, made and entered Into this T[h day
of Febrvaev 19 by and between bank a/
Ozange County,he reinaf cer referred [o as "Lender', and Prado
Corporation hereinafter referred to as "Borrower`, and THE CIiY
OF 0.ANCN0 CUCANON GA, CAI IF ORN(A, hereinafter referred to as
'[Ity , provides as follbws:
NITNESSETM;
HHER EAS, Len ^_er is a financial instituti cn subject to
regu lotion by [he state ar /ed er al government within the meaning
of Cali/ornia Government (ode Sec flan 66499(a)(31; and
NNEq EA S, from the proceeds o/ a loan from lender to
Bprrawer, Lender has on deposit Por the account of Borrower, the
sum of ear t~~• 'iWO ?no us+nd Dolt+r~ ts42 ^^ol two-thlres
(2/J) of 'biro shall [On5[Ilu [e and by referred t0 as 'LhC
performance /und' and the other one-third (1/l) of which shall
constitute and be referred to as [he ^payment fund' ana
NNEREAS, Borrower has entered iota an Agreement, herein-
after referred to a4 'Me Agr eemenP , with the City whereby
8o mower, agrees [e install and complete cert aln design aced
public imp rbvem¢nts, which said Agreement dated Feb ru arv 6,
1g eb , and identified as referring to Project raT c~dQ~ ~MO~ti el
Names is hereby referred to and made a part hereo/.
• NON, TNEREF ORE, in consiACration of the City giving
f inal~appraval to the Project known as Tract 9400 Btod el Iiomesl
and authorizing the record anon of any tract or parcel- map
pertaining thereto, [ender and Borrc wer agrees:
1. The perf arm an ce land is security pl Edged to [he City
to Insure that Bar rower, its heirs, successors, eaecutors and
administrators, shall in all things stantl to and abide by, and
will and truly keep and perform the covenants, conditions and
provisons of the Agreemena antl any alteration trier eof made as
therein provided, on Borrowers part to De kept and performed al
the time and {n the manner therein spec hied and in all respects
as ording to its Ir ue and lawful meaning, and to insure [hat
Borrower, its heirs, successors, eaec u[ors and administrators,
shall indemnify and save harmte ss City, its officers, agents and
employees as stipulated in the Agreement.
2, lender shall disburse the perlor manes fund [o the
City in such amounts as the CI [y demands, promptly Npon rece lp[
pf written demands signed by the Ci[y Engineer of the City, and
spec i(yinq therein that Borrower is in default under the Agree-
men[ or this Agreement.
3, Yn the event Lity commences legal action to recover
all or any portion of roe Der/ormanre fund, then the City Shall
ho °ntltleA to recover, in addition to the amount of the per/Dr-
mance /und, coifs and reasonable sap shies and lees, Including
reasonable attorney's fees.
4, lender and Barr~wer agree that the payment fund is
security pleged for the payment of all <ontrac [ors,
suocontr actors, laborers, mater ialm en and other personz emp toyed
In the performance of the Agrceme nt and eho are referred to in
title l5 Icpmmencing with S:c flan JO tl2) a/ Part 0 of Div islon 7
• o/ the Civil, [ode of the Slate of Cali/ornia /or mater tats
furnished or labor performed of any kind, Or amounts due under
tAe Unemployment Insuran r.e Act with respect LO such wprk or
labor, and that Lender wilt pay the same In an amount not eeceed-
a.~
n
u
ing the payment tune, and in case suite is brvugb[ ,rill Day, in
addition to the peym ant fund, costs ana reasonable expenses and
fees, including attorney's fees.
5. This Agreement and the payment fund shall Insure to
the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 (commencing with Section
30827 of Part 4 of Oivisivn 3 of the [iv it Code, so ai to give a
right of actl on to them or their assigns in any suit br o':gh[ upon
this Agreement ar against [he pa ymen[ fund.
6. No change, extension of time, alteration ar add itlan
to the terms of the Agreement or to the work to be performed
thereunder or the ipeci(icativns accompanying the same shall in
+nY wise off ec[ this Agreement or Lender and Borrower's obliga-
tions hereunder, and they Oo hereby waive notice v/ any such
change, ex[ens7an of time, alteration or add i[ion to the terms of
the Agreement or to the Bork or to the spec i/ic a[ivn, This
pg: Bement shall become of lec[ive upon acceptance by the Lity and
sha71 remain in full Porte and ef(eot until such time as the Clty
shad release the performance Iu nd antl payment fund as
hereinafter provided,
[N NITNESS NIf EREOF, Lender ana Borrower have executed
this Agreement on the day and year firs[ above written,
LEXOER:
Bank of 0[ange County ~ r~ ~~
br: i'',`
10101 Slater Ave.,Fnunb in Valley, Ca, rai ~ acy
~ r~Vjcgprr^~tn..r •
-(itle
BOgRONER: '7
P[ado Corporation bY, .~ -~ '
/G
1156 N. Tustin Ave.,Oran e, Ca.9266Y v' peon ~~'~~
9 re~a su rp r/iL0
„T~le-
The City of poncho Cucamonga, Calilarnfa, hereby accepts the
(oregving Impr ovem en t'Securi[y Initram ant and agrees:
1. Upon final completion anO accevt ante o1 [he required
work, and the Der Porm ante of all acts ipecif led in the Agreement,
City will release any part of the performance Iu nd not claim eO 0
the City 1n accordance with the above Dravisians, not needed as
tecurity d¢¢med necessary by the City /vr any guarantee or
warran [y per Tod or not needed as security Ior costs and
reasonable expenses and fees of the City, including reasonable
attorney's fees.
2. Six (6) months after the completion and acceptance
of [he re paired work, City will release the payment fund except
such Dart thereof as equals the total of all claims on which an
ac [ion has b¢en filed and notice thereof given in writing to the
City Ccunc it of the Ci[y.
LIiY OF RpXCNO CULAMOXCA,
a municipal corporation
by:
Mayor APPSCI:O AS IC iCNM
ATTEST: aX •'~. •~-, •
6V
frp
City [ eTTrR'-~-- ur~''^c~+r.~r,c•. v~.rzum.
L Z 7./
RESOLUTION N0.-B3-99=BPC~ i ~,~' ~{
• A RESOLUTI OiI OF THE C[TY COUNCIL OF THE CITY OF RANCHO
CUCA~40NGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
AND IM PRO'J EME4T SECURITY FOR TRACT N0. 9400
WHEREAS, the Tentative Map of Tract No. 9400, consisting of 12 lots,
submitted by Prado 'Roods, Subdivider, located on the north side of Banyan
Street, between of Beryl Street and Carnelian Street has been submitted to the
City of Rancho Cucamonga by said Subdivider and approved by said City as
provided in the Subdivision Map Act of the State of California, and in
compliance with the requirements of Ordinance No. 28 of said City; and
WHEREAS, to meet the requirements established as prerequisite to
approval of the final Map of said Tract said Subdivider has offered the
Improvement Agreement submitted herewith for approval and execution by said
City, together with good and sufficient Improvement Security, and submits for
approval said Final Map offering for dedication for puhlic use the streets
define a[ed thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, as follows:
1. That said Improvement Agreement be and the same is
. approved and the Mayor is authorized to execute same
on behalf of said City and the City Clerk is
authorized to attest thereto; and
2. That said Improvement Security is accepted as good
and sufficient, subject to approval as to form and
content thereof by the City Attorney; and
3. That the offers for dedication and the Final Map
delineating same be approved and the City Clerk is
authorized to execute the certificate thereon on
6eha if of said City.
PASSED, APPROVED, and ADOPTED this 7th day of March, 1984.
AYES:
NOES:
ABSENT:
on D. Mi a s, ~~ ayor
ATTEST:
Lauren M. Wasserman, ity ~Ter~
jaa
~. '-.
•
CITY OF RANCHO CliCAbIONGA
STAFF REPORT
DATE: March 7, 1984
T0: City Council and City Manager
FROM: Lloyd B. Mubbs, City Engineer
BY: John Martin, Assistant Civil Engineer
~~ ~~c,v,tirpti:
9
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19-7 I
SUBJECT: Approval of Improvement Agreement and Improvement Security of Final
Map for Tract Maps Nos. 12026 and 12027 submitted by Marlborough
Development Co., located on the west side of Ramona Avenue, south
of Church Street
The attached hoods and agreement and final map of Tracts 12026 and 12021 on
the west side of Ramona Avenue, south of Church Street, are submitted herewith
for Council approval. The project is a division of 20 acres into 24 lots.
This subdivision was tentatively approved by the Planning Commission on
June 30, 1981 and are two of ten phases that have been approved.
The bond amounts submitted are as follows:
Faithful Performance Bond: E15,225.00
Labor and Material Bond: b 7,612.50
LJ
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution
approving Tract Nos. 12026 and 12021 accepting the bonds and agreement and
authorizing the Mayor and City Clerk to sign on behalf of the City,
Resp ctfully su bm' ted,
LBH l,}M: j as
Attachments
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TY OF RANCHO ClK'-AAR
ENGINEERING DI~'IS~p;v
VICINITY MAP
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N
CITY OF RAH C110 CUCANDNG0.
IMPROYENENT AGREEMENT
FOR
Tp'CT 1202^
KN 0'd FLL MEN BY T4E SE PR EBENTS: That :his agreement is
made and entered into, in conformance with the provisions o/ the
Subdivision Map Act of the State of California, and of the
applicable Ordinances of the Citp of Rancho Cucamonga,
California, a municipal corporation, by and between said City,
hereinafter referred to as the City, and Maribo rcvgh Development
S_orc. hereinafter referred to az the
Deve op er.
WITNESS ET 4:
THAT, gNEREFS, said Developer E^.sires to develp0 certain
real property in said City as Shawn on the conditionally aDOroved
subtlivi si on known as Trace `: 1: C5 and
MN EREFS, said City has esi abii5he0 certain regpiremen [s
to be net by said Developer as prerepuisite [o approval of safd
subdivision generally located at Ra-,cna :Rms and Qn:rcif S:eec
N Og, TNER EF ORE, it iz hereby agreed by said City and by
said Developer as fpl lows:
1. The Oeve leper hereby agrees to <ons[r vci at
Developer's expense all improvements described an Page b here-
. pf within twelve months from Me eff ec [fve date he rop/.
2. This agreement shalt be effective on the date of the
resolution pf the Council of said City approving this
ogre o-ae tit, This agreement shall be in default on the day fo71Dw-
ing the first anniversary date of said approval unless an exten-
sion of tine has been granted by said City as hereinafter provid-
ed.
3, The Oe velOper may regue st an extension of time [o
complete the terns hereof. Such repoest shall be zu bmitted tc
the City in writing not less than 30 tlays before the expiration
date hereof, and shall contain a statement of circumstances
necessitating the ertension of time. the City shall have the
right [o review the provisions of [his agreement, including the
Co.^.s LY 0CT10n st and dr ds, COSL CstlmdL°, dnd tmprJVe m¢ni 52COYlty,
dnd tp regJ ife ddjYS [men ti ther°1n 1( dny sll b5 tdntf dl mange II d2
pc<prr ed during 6he term hereof.
4. tf [he Oevelpp er fails or neglo[is [p comely with
the provisions of this agreement, the City shall have [6e right
at any time to cause sold provisions to be met by any lawful
means, and thereupon recover from the Developer and/or his surety
the full cast and expense incurred.
5, the Developer Shall provide re [tired water service to
each lot of said develupm ent in ace ortlance with [tie regulations,
sche Eules, and fees of [he Cuczmon ga Ccun(y Aater Dist n ct.
6. The De velpper shall be res0onsihte !or replacement,
relocation, or removal of any cpnpnne9t of any irrigation water
SyStCm to COnt11CL w1 t11 COnstrOCL10n Of fCOairCd 1mpf 0VCTen LZ LO
the sa[i Sf ac Han of the f, icy Enginr,er antl [M1e own er of such water
system.
• -1-
Tracts dnd corn/Ind. P.M. ~
n~
7. Improvements required to be constructed shay.
conf prm to Che Standard Orawin gs and S[andartl Specifications of
the City, and :o the Impr ov¢m ent Plan approved by and pn file in
the o(f ice of the City Engineer, Sa itl improve m¢nts are tabulated
on the Construction and Bond Estimate, hereby incarpor ated on
page E hereof, as taken from the improvement plans listed Mereon
by numoer, The Developer shall also be responsible fpr construc-
tion of any transitions or other incident at work beyond the tract
boundaries as neetled far safety and proper surface drainage.
Efrors pr ommissions discovered during constructin shall be
corrected upon [he direction of the City Engineer, Revised work
doe to said plan moo if is ations shall be cpv er ad by the provisions
of this agr e_nent and secured by the surety covering the or iginal
planned works.
B. Construction permits shall be obtained by the
DCV eloper from the office of the City Engineer prior to start of
work; all regulations listed thereon shall be observetl, with
attention given to safety procedures, control of dust, noise, or
of her nuisance to [he area, and to proper not tfic anon of public
utilities and City Departments. Failure to comply with this
section shall be subject [o the penalties provided therefor.
9. The Developer shall be re spnnsi 07e for removal of
all loose rocks and other debris from public rights-of -way within
or adjoining said development resin tfng from work relative to
said development.
30. Nork tlone within exist ing streets shall be
diligently pursued tp completion; the City shall have the right •
tp complete any and all work in the event of unjustified delay in
completion, and to recover all cast and expense incurred tram the
De veloper antl/ar his contractor by any lawful means.
11. said D^veloper shall at ail times following dedir-
fion of [he streets and easements fn said subi Aivision, up to the
completion and acceptance of said work or improvement by said
City Council, give good and adequate warning to fhe traveling
public of each and every dangerous condition existent in Said
street or easement, and will protect [he traveling public from
such defective or dangerous conditions.
Vnti1 the completion of all improvements, herein incorpora [ed on
Page 6 to be performed, each of said stre_[s not accepted as
improvements shall be under the charge of said Developer ba id
Developer may close all or a portion of any street subject to [he
conditions contained in a temporary street closure permit, iss u¢d
by the City Engf nee r, whenever it is necessary to protect the
public during the <onttructicn of the improvements herein agreed
to be made.
l2. Parkway frees required to be planted shall be
pl dntetl by the Develop er after other improvement work, yrad~ng
antl cleanvD has been campletetl. Planting shall be do r,¢ as
provided by Ordinance in accordance with the planting diagram
apPrpveA by the Lity Cac.munitY Development Aire. c[or.
The pevelop er shall be re 5ponsi ble for maim a~ning all trees
planted in ypod health until [he rod p/ [he guaranteed
mdlniCndecC Ddrt od, Or fpr one yCar after ptartinn, whiche v¢r 15
later,
17. The pevcloner is responsible for mretinq all condf-
lions establish¢d by 4he hty pu rs udn4 to the Subdivision
_Z- •
~„~~ ~: C
Map dot, Lily Grdianc es, and this agreement far the development,
and for the maintenance of all imps vemen is constructed
thereunder until the improvement is accepted for maintenance by
the Cityr and no imDr overlent security provided hereinw ith shall
be released before such acceptance unless otherwise prpvitled an0
authorized by the City Council of the City.
la. This agreement shalt not terminate until the
maintenance guarantee security hereinafter tlescribed has been
released by [he City, or until a new agreement together with the
required improvement securf ty has keen submstted to the City by a
successor to the herein named, and by res olu[i nn of [he City
Council same has been accepted, and this ayreement and the
imps vem ent Security therefor has been released.
15. The improvement security to be (urn fished pt' the
Oevel oper with this a9reemen: shall consist pf [he following antl
shall he in a form a«eptable by the City Attorney:
A. To secure faithful Derformance pf [his agreement.
1. A bond or bonds by one or rare dolt' au [ho r. xed
corporate sureties in the form and content
specified by Government Code Section 6fi499.1.
2. An Impr ovemen2 Security to sirument in the form
and content specified by [he City qtt orney.
J. A deposit with the City of money or negotiable
bonds of the kind approved far securing
deposits of public monies.
8. To secure laborers and mat erfalmen:
1. A bond or bonds by one or more duly authprized
• corporate sureties fn the Iorm and content
specified by Government Code Section 66499.1.
2, an Improvement Security Instrument in the farm
and content specified by the City Attorney.
3. A d_DOSi[ with Cf [y of money or negotiahle
bonds of the kind apprav eJ for securing
C, A cash tlepa sit with the City to gu ar ante_ payment
by the Gevelaper to the engi seer or surveyor whose
certificate appears upon the Final Map far the
setting of all hpuntlar y, lot corner, and street
centerline monuments and for furnishing centerline
tte notes to the City. The amount of the deposit
may be any amount certified by the en g;neer pr
surveyor as acceptable payment fn full; or, if no
value is submitted, the cash Aond shall Oe as Shown
on the Construction and Bond Estimate contained
herein.
$dld Cash depp5lt mdy ba fefundEd a5 Soon a5 prn[C-
dprC pP rml [s dfLEr feCCipt tly Lt1P Li ty Of ttl2
centerline tie notes and wri [t en assurance of
payment in lull from the engineer or surveyor,
B. The required bonds and the principal amounts
[hereof are set /p rth on page 6 of this agreement.
lfi. The Gevelopn,• warrants that the i~nprov?menu
descrihnd in [his ag roe':ent shall be free from defects in
materials and vprkma m,hiD. Any and all Dortions of the improve-
ments found eo be def ectsve within one (1) year following the
data on which [te Impr overenL aro accepted by the f,ity shall be
repaired or reel accA by Jevelo per /r ee o/ all r.h arges to [he
U ty. Tne poveldper sna11 fnrnlsh a maintenance guarantee
security in a tam epual to ten percent (10:) of [he tonstr action
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estimate Or 5200.00, Nhichever is greater, to secure the faithful
performance of Developer's obliga [ions as described in [his para-
graph. ,The maintenance guarantee security shall also secure the
f aif hful perform ante by [he Developer of any oSl ig anon Of the
Developer to do specif ietl work with respect to any parkway
maintenance arse ssmenT district. Once the improvem en is have Deen
accepted and a maf nt en once Ou Grantee security has been ace ep[ed
by the City, the other improvement security descr ihed in this
ayf Ce meOt mdy bP YelPdSed OYOVId¢d Lhd[ Sn[n rCIC dSe 15 0[he YN15e
oath on zed Dy the Bubdiv ision MaD Act and any applicable Ci[y
Ordinance.
17. Th a[ the Developer shall take out and maintain such
puDl is liability and property damage insurance as shall protect
him and any cootr ac for or subcontractor performing work covered
by this agreement from claims far property damages vetch may
arise hecause of the nature of the work or from operations under
this agreement, whether such operations De by himsel/ or by any
ccnir actor or suDC pnir xc LOr, or anyone tiredly or indirCC[1/
employed Dy said persons, even [hough such damages be not caused
by .ne negl igen c¢ Of the Oevel oiler or any contractor or
zubcontracior or anyone employed by said persons. The public
liabilfty and prDOer ty damage insurance snail list the City as
ad0iton al insured and direct ty protect the City, its officers,
agents and employees, as well as the Developer, his contractors
and his subconerac t0 rs, and all insurance pal lc ies issued
hereunder shall so state. The minimum am punts o/ such insurance
shall he as follows:
A. Contractor's liaDilf ty insurance providing bodily •
injury or death liability limits of not less tha
5300,000 for each person and <1, 000, 000 /or each
accident Or pccurr ence, and property damage liabii•
icy limits of not less than 5100,000 for earn acct-
tlent or occurrence with an aggregate limit of
1250,000 for claims which nay arise from the Opera-
tions of the Developer in [ne performance of the
Nark herein prOVided.
B. Automobile IiaDility insurance covering all
veM Cles used in the pert ora an c¢ of [his ayreemen[
providing bodily injury liability limits of not
less than 5200,000 for each person and 5300,000 for
each accident or Occurr?nee, and prp0 erty damage
liability limits of not less than 550,000 for each
accident or occurrence, Nith an aggregate of not
less than E100,000 which may arise from the opera-
tions of the Developer or his Contractor in
performing the Nork provided for heret n.
18. That before the evecutian o1 this agreement, Lhe
Developer shall file Nith [he City a certificate or certificates
of inivrxnce covering the specified insurance. Each such
c er[ift~ate snail bear an endo rsoment precluding the
cancellations, or reduction in rover xge Of any policy evf den<es
Dy such certif ica[o, Deforo the enpirati0n o/ thirty 130) days
aft^.r the City shall hive received nOtificati on Dy registered
mail from the insurance carrier.
As evidence of updar ;t and .nn Cho. provisions coot aine0 herein, an0
of intent to cOmoly Nith snne, the Subci nder has su hmitt ed the
fol la Ning descr:hOJ tnprcve ^.ent security, and has a(fired his
signature hereto:
,q. •
,~
~~ ~.
Map Act, Li[Y Drdiances, and this ogreement for the development,
and for the maintenance of all imprpvem en [s constructed
thereunder until the imprgvea eat is accepted for mdin[en anEe by
the City, and no imDrpvemen[ security provided hereinwith shall
be released before such acceptance unless otherwise proof ded and
authorised by the City Loun6 it Of [hn Lity.
14. This agreement shalt not terminate until the
maintenance guarantee security hereinafter described has been
released by She City, or until a new agreement together with the
required imprOVem en[ security has been subm,[t ¢d to [he City by a
successor to the he rei r, named, and by resolution of the Lity
Council same has been accepted, and this agreement and the
improvement Security therefor has been rele asetl.
15. The improvement security to be furnished by the
Devr,lOPer wi[ n this agreement shall consist of the following and
shall pe in a form acceptable by the City Attorney:
A. io secure faithful perform ante of Lhis aqr eem ent.
1. A band or bands by one ar more duly authorized
corporate sureties in the form ana content
specified by Government Lade Section 66d 99. 1.
2. An lmpro vement Security Instrument in the form
and content specified by the City ptt Orne y.
3. A deposit with the City of money or negotiable
bonds of the kind approved for securing
deposits of public monies.
B. To secure laborers and materialm en:
1, p bond or bonds by one or more Ouly authorized
corporate sureties in [he form and content
specified by GovernmenC Code Section 66499.1.
• 2. An improvement Security Instrument in the form
and content spedlied by the City ptf orney.
3. A deposit with [4[y of money or negotiable
bonds of the kind dpprbv ed (or securing
C, A cash deposit with the City to guarantee payment
by the Developer to the engineer or surveyor whose
certificate appears upon the Final Map for the
setting o/ all boundary, lot corner, and street
cente rifne monuments and for furnishing centerline
tfe notes to the City. The am0 un[ Of the deposit
may be any amount certified by the engineer or
surveyor as acceptable payment in full; Or, if no
value is submi[tetl, the cash bond shall be as shown
on the Lans trot lion and Band Estimate contained
herein.
Said cash de post[ may be refunded as soon as proce-
dure permits after receipt by the City of the
cent eriine tie notes and written ass ar once of
payment in full Irpm [he engineer or surveyor.
D. Th¢ required bonds and the principal amounts
thereof are set forth on page 6 of this agreement.
16. The Developer warrants [Tat thq improvements
described in this agreement shall be free from defects in
natOrials anA wnrkmd m.hip. Any and all pOrtiom of the improve-
ments found to be defective within one (1) year following [h¢
data on which tha imprOV¢-ents arc acceoted by the City shalt De
repaired or renlac ed by DCV¢I oper free of all charges to the
City. the Ueveloper shall Inrnash a naintnn ante guarantee
security in a sum equal to ten perce n[ (IDn) of the constr uc [Ian
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FAITHFUL PEAFOAMAXCE '
Type: Principal Amau nt: 515,725.00
Name and address of surety:
MATERIAL AXO LA800. PRTMEXT
Type: Principal Amount: 57612.50
Name and address of surety:
CASH OEPOS IT MOXUMENTATION
Type: Principal Amount:
Xame and address of surety:
MAINTENAX[E GUA RAXTEE
type: Pr tnc ipat AmD Unt:
Name and address at surety:
TO RE POSTED PRIOR TO ACCEPTAXLE BT THE CITT
IN NITNESS HEREOF, the Dart ies hereto have caused these
presents fo be duly executed and acknow l¢dged with all
• formalities required by law on the dates set forth opposite their
signatures.
O ate by ,Developer
rioted
Date by ,Developer
ign ature
Accepted:
City Df 0.ancAa Cuu mango,
Cal lfornla
A Nun ictpal CDrpa rotipn
By: , Ma yar
Att ei6:
iey C erx
Approved:
DEVELOPER'S SICNRTURE MUST BE NOTARItEO
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CITY DF RANCIp rnLANOnGA
COIIST0.uCTI0X ESTIPNTF
FJp310ACH11EXT PERMIT FEE SCHEDULE
for Improvement of: Tract 12026
pute by:
m
1
y 19s B4 _`o
Date: Februa r
i
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__
File Re erence; y awg. Xo. ]6i
IIOfE: Ones not include currMt ftt fw
writing perwit ar Pavement deposits.
COXSTRUCTIOX COST EST IlUITE
ITEM AN UXI7 UR I7 COST f AMOUXT
P.[.C. Curb - 12• LF.
P.C.C. 6urb - 8• C.F. 231 L.F. 5.0D 13Bfi
C. Curb ontY 8• C.F.
P
C
.
.
A.C. Berm (5200 min.) 80 L•F. 4.50 f80
C. 5idewa lk 795 S.F. 1.75
~" P
C Il9l
.
.
d" Drive Approach 018 S.F. 2.50 1065
8" P.C.C. Cross Gutter
S[rtt[ Eacavat loo
1.50
Y
50D L
900
.
.
Imported Embankaent
0.15
f
6900 5 950
.
.
Preparation o/ 5ubgrade 101
Crushed Ag9rc9ate Base (Der /i n. thick) 4698 5.f. O.W 1445
A.C. (over 1300 tons)
A.C. (900 to 130D tons) !C2 TON 60.00
A.C. (under 600 t9 90D eons) 5120
A.[. (under 500 Loos)
Patcn A.L. (trench) •
1v [nick A.C. Overlay
Ad,tusL sewer manMle Lo grade
Ad3uit sewer clean out to grade
AdJust water calves to grade
Street LigAts
Street Signs
Street Trees
Parkway Landscape and Irrigation
JS
Qd
Removal of A.C. Pavement I1B2 S.F. 0•
CONSTRUCTIOX COS1 5I7, 841
CONTINGENCY COSTS 51.389
TOTAL CONSTRUCTIOX 515,225
FAI7MFUL PERFOAPAXCE SURETY (100%) 515,225 '
LABOR AND MNTEA fAL SECURITY (60%) 57,612.50
ENGINEERING INSPECTION FEE 762.00
'RESTORAT IOIUDEL INEATION CASN OEPOS IT s00.00
(R EFUNDABIE)
kONUNENiF7I0N SURETY (CASN)
sPUrsuant to City of RiMAo Cucamonga Nunfcipal Code, Title I, Chapttt 1,OR,
adopt ln9 San Bernardino County Code Titles, Chapters I-S, a cash
rcstpration/delineation 4poslt sN1i ba made print to issuance M aR
Fnginttrin9 Cpnftructipn Permit.
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RESOLUTION N0. 93-0'--i1CR S~/'~I^'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, qN0 FINgI MAP OF 7RgCT NOS. 12026
AND 12027
WHEREAS, the Tentative Map of Tract Nos. 12026 and 12027 consisting
of 24 lots, submitted by Marlborough Development, Subdivider, located on the
west ide of Ramona Avenue, south of Church Street has been submitted to the
City of Rancho Cucamonga by said Subdivider and approved by said City as
provided in the Subdivision Map Act of the State of California, and in
compliance with the requirements of Ordinance Na. 28 of Bald City; and
WHEREAS, to meet the requirements established as prerequisite to
approval of the Final Map of said Tract said Subdivider has offered the
Improvement Agreement submitted herewith for approval and execution by said
City, together with goad and sufficient Improvement Security, and suhmits for
approval said Final Map offering for dedication for public use the streets
delineated thereon.
NON, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, as follows:
• 1. That said Improvement Agreement De and the same fs
approved and the Mayor is authorized to execute same
on behalf of said City and the City Clerk is
authorized to attest thereto; and
2. that said Improvement Security is accepted as good
and sufficient, suD,ject to approval as to form and
content thereof by the City Attorney; and
3. That the offers for dedication and the Final Map
delineating same be approved and the City Clerk is
authorized to execute the certificate thereon on
behalf of said City.
PASSED, APPROVED, and g00PTE0 this 7th day of March, 1984.
AYES:
NOES:
ABSENT:
on i e s, ayor
. ATTEST:
auren assennan, i y er 3 ~
3as
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 7, 1984
T0: City Council and City Manager
FROM: Lloyd B. Hu66s, City Engineer
BY: John Martin, AsS istant Civil Engineer
G Gl)CAa/O,yC
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SUBJECT: Approval of Improvement Agreement and Bonds and final Map for Tract
Map No. 11013 submitted by Lewis Homes located on the east side of
14nethyst, south of Banyan Street and also accepting an Easement
Deed from the Metropolitan Water District
The attached bonds, agreement and final map of Tract No. 11013, located on the
east side of Amethyst Street, south of Banyan Street, are submitted herewith
for Council aDProval. The project is a division of 10 acres into 30 lots.
This subdivision was tentatively approved by the Planning Commission on
October 22, 1980. One of the streets of the final map crosses over
Metropolitan Water District land, MWD has supplied the City with an Easement
Oeed to install the street over their property.
The bond amounts submitted are as follows:
Faithful Performance Bond: E173,400.00
Labor and Material Bond: S 86,700.00
RECOMMENDATION
I[ is recommended that City Council adopt the attached resolution approving
Tract No. 11013 accepting the bonds and agreement authorizing the Mayor and
City Clerk to sign on behalf of the Cfty and authorizing the Ctty Engineer to
sign Easement Deed on behalf of the City.
a'l%lny submitte//dA,
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Attachments
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~P" ~ CITY OF RANCHO C[JCAA101VC'A title;
~, ~ ^ Ilel3
~ ENGINEERING DIVISION ~-~T`
nrr VICINITY MAP 1 r page Z
Alts Lome School District
Established IBOS
e0A0.D OF TRVSTCES
NOOCHi 5. FROST
POOERT SV. TANGEAIAN
MNS. LIZ OALLARINI
M1IRS. SANOM A. OE RI.Y
JOIIN C. OVOK
i 93f0•F Basdlnr Road • Pm[ Olllte Ona 370 • Alb Loma. Cali lornla 91701 • 714/9670766
IONN E. McMVRT0.T
SuyrtlnunJmr
FLOYO M. STORK
Ins•nnrl/SUyyon Sr,rlha
T inuazv _1Z~_1994 STAGY NELSON
Date emaor Srmeh
MILLT STMIN
• rvnlrvluMSyrdal hoJem
LETTER OF CERTIFICATION FOR SCIIOOL D75TRICT CA['ACITY
For Residential Construction within the Alta Loma
School District.
LEWIS NO>tES
TRACT NUMBER 11013 LOCATION Southeast corner
of Amethyst and Ran}~an
NUM1IDER OF DWELLING UNITS 30 sin<Ile family units
A177ICIPATED COMPLETION DATE Scotcmbcr
Gentlemen:
The Alta Loma School District hereby certifies that the
capacity for 18.0 student:; will 11e provided within
24 months of the completion of the above project. This
certification is given on the condition that the State
of California continues to fund the provisions of the
Leroy P. freene Lease/Purchase Act of 1976, or any suc-
cessor Act, in such manner [11at the State Allocations
Doard may fund all school buil<linq projects under its
current rules and regulations without priority points.
The commitment of this capacity shall expire 90 days from
the date of this letter. Approval of the final map or
the issuance of building permits by the City of Rancho
Cucamonga within that 90 day period shall validate Such
commitment.
Very truly yours,
•
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Floyd ;1. Stork
Adminislr.ltor
Personnol and Support Services
jh
cc: Planning Division, City of I>nnrhn Cucamonga
:U
CHAFFEY Jd~P~T U~lION HIGH SCHOOI DISTRICT X °°;1M3"°'~ .
The school district hereby certifies that the capacity for
S students will be provided within 24 months of the
como etion of the above project. This certification is ai•; en
on the condition that the State of California continues to
fund the provisions of the Leroy G. Greene Lease/Purchase Act
of 1976, or any successoz Act, in such manner that the State
Allocation Board may fund all school building projects under
its current rules and regulations without priority points.
The commitment of this capacity shall expire 90 days from the
date of this let•_er. Aporovai of the final map er the issuance
of building permits by the City of Rancho Cucamonga within that
90-day period shall validate such commitment.
Sre^rtenc~nt/Asst. Supe rin t
by Dianne Allen `~
O SIl WEII FIFTN STNffT, [INfAR10. PLIFUflNIn E1T3
Q O 0 Q 0 ua~ N[NO[xta
aw3rv rt~ i~
e. swnx eoNUnoxnL su•mu can+u oxf ntn ssn nn
a01 xO Of tnV+3f fs Rpf3~0fNT G6Rnl0 X. 'M1OLE . Vi(f !xE3iOE Nf Rnt C u,u l~N , <:f Rn, fx,, R\32 1 11x nLLF• • •P~n tFf 3, R.Y 21Rw owN [ „~.xt+
0, x to \(fx 4ix LFY
i ;~ .:;J'~ February 10, 1984 Lewis Homes
`•~~ Box 670
;;~t~.L'l,l:r=:-~'~"''1~j°~~ Upland, CA 91786
' Ran Nottingham
Letter of Certification
of School District Caoacitv
I~ithin the Chaf _`ev joint Union Hiah School District and the
A ita Loma HTg x oo attencance ooundaries for the
following desczibed project:
Location/Description: Tract No. 11013 .
East of Amethyst, So. of Banyon
Number of Dwellings: 30
{
unknown •
\ Anticipated Completion Date:
cc: Plannina_ Diviaian
City o: Rancho Cucamonga
C
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•CUCAMONGA COUNTY WATER DISTRICT
WGTOR A. CHER6A K. JR.. Prrn4ne
„ _ y . ~ .. ~ .~ . _i
February 9, 1984
.. ~ ' .S c~l L....i.c.~
City of Rancho Cucamonga ~""'~-""
Engineering Department
F. G. BOx "a 07
Rancho Cucamonga, California 91730
Attention: Barbara Krall
rtr,.r.r.r...
R08ERT NEIIF ELD
Snnton. CrneN Mavm
LLOYD W. MICHAEL
o;r..<nr
EA RLE R. ANDERSON
EEV ERLV E. BRADEN
CHARLES A. WEST
Gentlemen:
Lewis Homes of California, Developer of Tract No. 11013, situated
in Rancho Cucamonga, has deposited with this District a Material
• and Labor Bond, a Faithful Performance Bond, and a Utilities
Improvement Agreement.
These bonds and agreements, previously filed with the County,
are now being accepted by this District as an assurance that
said improvements will be provided, as stated, within the
boundaries of the Cucamonga County water District.
In addition, this letter is to verify that the above referenced
Developer has complied with all requirements for development
that are mandated by District policy.
Yours truly,
CUCAMONGA COUNTY WATER DISTRICT
~-, ~,~~,
Betty Fien
Secretary
b
cc: Lewis Nomes
•
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•
C [TY OF RANCHO CU[pMONGA
IMPROVEMENT pGp EEME NT
FOR
KN ON ALL MEN NY THESE PRESEnTS: That [his agreement is
made antl entered into, in conformance with the Drgvisf ans of the
Subdivision Map Act of the State of [aliicrnf a, antl of the
apps ica Dle Ordinances of the City of Rancho Cucamonga,
[alifpr nia, a municipal corporation, by and between said Lity,
herein a/ter referred to as the City, and Lewis Homes
of caiitomia herei na. ter ref er~ree Lo as the
eve op er,
NITNE SSETH:
T HA7, NNE0.E AS, said Developer desires to develop certain
real property in said Lity as shown on the conditionally approve0
su Ddivisfon known as mrnr noia and
NHEREAS, said City has estahlis hed certain requirements
to De met Dy said Developer as prerequisite t! approval pf said
subdivision generally located at xmetnyat a Nanwn
NON, THEREFORE, it is hereby agreed by said Llty and Dy
said Developer as follows:
1. The Developer hereby agrees to construct at
Developer's expense all improvements described an page 6 here- •
of within twelve months tram the elf ective date hereof.
2. This agreement shall De Nflctive on the date of the
resolution of the Council of said City appr aving this
agreement, Thfs agreement snail De in default on the day fallow-
ing the first anniversary date of saitl approval unless an exten-
sion of time has Deen granted by said Cf cy as hereina/ter prlvid-
ea.
3, The Developer may request an ext enzlon of time to
complete Lhe terms Aereaf. Svch request shall De submitted to
the City In writing not tess than 30 days Deipre the expiration
date hereof, and shall c0 nt aln •a statement of circumstances
necessitating the extension' of time. The Lity shall have the
right to rev sew the provisions of this agreement, Including the
cans trvc tion standards, cost estimate, and improvement security,
end eo require edj ustments therein if any su bstan ttal change Aas
pccurred during the term hereof.
4. If the Developer falls or neglects to <omp1Y with
[he provisf ons pf this agreement, the Lity shall have the right
at any time to cause Bald provisions to be me[ Dy any lawful
means, and thereupon recover from the Developer and/or his surety
the full cost and expense Incurred.
$. The DCV el00ef shall provide meferld watt/ serVi[! [q
each lot of said development in accordance with the regulations,
schedu ies, and fees of ch¢ Cucamonga County Na[er District.
6. The Developer shall De resp pnsih to for replacement,
reloc of ion, ar removal of any comDOn enC of any irrlgatian water
system in ca nflict with Construction a/ requiretl improvements to
the satisfaction of the City Engf neer and the owner of such water
system. •
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f~- Tracts and Comm/Ind. P. M. ~i ? '
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•
7. Improvements required to be cmnstr acted shd 11
conform to the Standard Drawings antl Standard Specifications of
Lhe City, and to the tmprov em ent plan approved by and on file in
the office of the City Engineer. Said improvements are tabulated
on the Construction and Bond Estimate, hereby inc Drop rated on
page 6 hereof, as taken from the improvement plans listed thereon
by number. the Developer shall also be responsible for constrbc-
tion of any transitions or other incidental work Deyond tAe tract
boundaries as needed for safety and proper surface drainage.
Errors ar ommiss ions discovered during construe sin shall be
corrected upon the direction of [he City Engineer, Revised work
due fo said plan madif ications shall be covered by the pr mviiieni
of this agreement antl secured by the surety covering the prf gf nal
planned works,
8. Construction permits Shall De mbtained by the
Develop of from the mi(ice of the City Engineer prior Io start o/
work; all regu!af ions listed thereon shall be observed, with
atten [ion given to safety procedures, control of dust, noise, or
other nuisance to the area, and to Proper notification of public
utilities and Ci[y Depd rtmen[s. failure to comply with [his
section shalt De subject to the penalties provided therefor.
9. The Developer shall be responsible for removal of
alt loose rocks and other debris tram Dublic rights-mf-way within
ar adjoining saitl developm en[ resulting from work relative to
said development,
10. Nork done within existing streets shall be
diligently pursued to completion; the City shall have the right
• to complete any and all work in the event mf unjustified delay in
<ompletto n, and to recover all cost and expense incurred from the
Developer and/or his contractor by any lawful means.
Sl. Said Developer shall at all times following dedica-
tion of the streets and easements in said subs Oivis ion, up CO the
completion and acceptance of saitl work or imOrov emenC by Said
City [panes 1, give good and adeouate warning to the traveling
public 0( each and every dangerous condition existent in said
street or easement, and will protect the traveling public from
such def ectiue or dange.avs conditions. ,
Dntil [he completion o/ all improvements, herein incorporated an
Page 6 to be performed, each of said streets not accepted as
improvements shall be antler the charge of Said peve toper. Said
Developer may Close all pr a portion of any street subject to the
Conditions con lashed in a temporary street Closure permit, is5 vetl
by the City Engineer, whenever it is necessary to protect the
public during the conitruciian of the improvements herein agreed
tp be made,
12. Parkway trees required [o be planted shall be
planted by the pevelo0er after of h¢r improvement work, grading
and cleanup has been cempieted. Planting shall be done as
provided by Drdinance in accordance with [Ae planting diagr am
approved by the City Community Development pirector.
The Developer shall be responsible Ipr mainta,ning all trees
planted in good heal to until fhe end of Ue guaranteed
maintenance period, or for one year after planting, whichever is
later,
ll. The peveloper is respc ns lble for meeting all condi-
tions established by [he U ty pursuant [o the Subdiv islon
r 2
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Map Act, City Or diances, and this agreement for the development,
and for Me maintenance of all improvements construct ed
thereunder until the improvement is accepted far maintenance by
the City, and no imprvvem ent Security provided hereinwith Bhall
be released before such acceptance un 1¢55 otherwise provided and
authorized by the City Caunctl of the City.
14. This agreement shad not terminate until the
maint en an <e guarantee security hereinafter described has been
released Dy the City, or antis a new agreement together with the
repaired improvement security has Deen submitted to the City by a
successor to the herein named, and by resolution of the [fty
Caunc 11 same has Deen accepted, and this agreement and the
improvement security Lheref pr hat Deen released.
15. The improvement security to De faro fished Dy the
Developer wit h this agreem enc shall consist of the following antl
shall be in a (orm accep[a Dte by the City Attorney:
A. To secure faithlul performance of this agreement.
I. A band or Do reds by one or more duty authorize0
c prpprale sureties in the form and content
specified Dy Government Code Section 66499
1,
.
2, An ImOr ovement Security Instrument in the farm
and content spec if fed by the City qt[o rney.
3. q de post[ with the City of money or negotiable
bonds of the kind approved far securing
deposits Of public monf es.
B. To secure laborers and materialmen:
1. A bond or bonds by one or more duly authorized
corporate sureties in the form and content
specified by Government Code Section 66499.1. •
2. An Improvement Security Instrument fn the form
and content specified by [he City Attorney.
3. q deposit with City of money ar negotiable
bands of the kind approved for securing
C. A cash deposit with the City to guarantee payment
by the Developer to the engineer or surveyor whose
certificate appears uDOn the Final Map for the
setting of ail boundary, lot corner, and street
centerline monuments and for furnishing cent erllne
[fe reps es to the City. The amount pf the deposit
may be any amount cert died Dy the engineer or
surveyor as acceptable payment in full; or, if no
value fs su Dmitte d, the cash bond shall be ai shown
an the Cpnstruc [ion and Bond Estimate contained
herein.
Said cash dep ost[ may De refunded as teon as proce-
dure pe rm lts after receipt Dy the City of the
Cent erl in¢ tie n0[QS area wrf [[en di5prdntd pf
payment in full from the engineer or surveyor,
D. The repuf red bonds and the principal amounts
thereof are set forth on page fi pf this agreement.
Ifi,
described i the Developer wart anl5 that the improvements
n thfs agreement shall be free from Oef eccs in
materials and wor km an ;hip. Any and all portions of the impr ove•
menu fou na t
data o be defective within one (l) year following the
on which the impr ovemen[s are accepted by the City Shall De
repaired or r eplaced Dy Developer /r ee of alt charges t0 the
Cf ty, The Developer shall lurnlih a maintenance gu ar ante!
secure ty in a sum e4val to ten percent (102) o/ ene construction
_). •
1
estimate or 1200.00, whichever is greater, to secure the faithful
performance pf Developer's oDiiga[ions as tlescribetl in this para-
graph. 'The mainL enance guarantee seta ri[y shalt also secure the
fai[hf ul per tormance by the Develmp er of any obligation of the
Developer to do zp ecif led work with respect to any parkway
maintenance assessment dis[r is t. Once the improvements have Deen
accepted and a maintenance guarantee security has been act ep[ed
by the City, the other improvement security tlescriDed in this
agreement may De released provided that such release is atherwf se
authorized by the Subdivision Map pct and any appl stable Ciiy
Ordinance.
t7, That the Developer shall take out and maintain such
pu Dl is liability and property tlamage insurance as shall pr of ecf
him and any contractor or subc on[rac[or performing work covered
Oy this agreement from claims for property damages whim may
arise Deca use of the nature of the work or from operations under
this agreement, whether such operations De by Dias elf or by any
contractor or subcontractor, or anyone directly or indirectly
employed by said pers pns, even though such damages be not caused
by the negligence o/ the Developer or any contractor or
subcontractor mr anyone employed by said persons. The public
liability and pr op erfy damage insurance shall list the City as
additon al insured and directly protect the City, its officers,
agents and employees, as well of the Developer, his contractors
and his subcontractors, and all insurance palic ies issu etl
hereundlr shall so slate. The minimum am ovnls of such insurance
shall be as follows:
p. Lontract ar's liability insurance providing bodily
• fnjury pr death liability limits of not less tha
1300,000 for lath Dersan and 51,000,000 far each
accident or occurrence, and property damage liabil-
ity limits of not less than 1100,000 for earn acci-
dent or occurrence with an aggregate Ifmit of
1250,000 far claims whlcn may arise from the opera-
tions of the Developer fn the performance cf the
work herein pravitled.
8, putomoDile 17aDility insurance covering all
vehicles used in the performance of this agreement
pr OVidf ng bodily injury 1taDility limits of not
less loan 5200,000 for each person and 5300,000 for
each accident or ot<urrenc e, and property damage
liabf ti ty limf [s of not less than 550,000 far each
accident or occurrence, with an aggregate of hat
less than SID0, 000 wn VCh may arise from the opera-
[fons of the Developer or his [ontraR Or in
performing the work provided for herein.
18. That before the execution of this agreement
the
,
Oev eloper shall file with the Gty a certificate or certificates
of insurance coverf ng the specif fed fns urance, Each such
certificate shall Dear an endorsement pr e<ludf ng the
cancelta [tons, or reduction in coverage of any policy evidences
by such certificate, before [he expirattpn of thirty (30) days
after the Cf ty shall nave received notiiicativn by registere0
mail fr
om [he insurance carder,
ps evidence ai under st and ing [he Dr ovisions contained herefn
and
,
01 intent to comply with same, the SuO divider has submitted the
followin
d
f b
g
escr
ed improvement security, and has affixed his
i
s
gnature hereto;
-o-
~fU
FAITHFUL PERFORMgry [E
Type: Principal Amount: 5173,600
Name and addres of surety: Oeve tope •s xn.urance co.
)3J NilsAire, Anaheim, CF
MATERIAL ANO LAAOR PATME NT
TY De: Principal Amount; $N6.7oD
Name and address of surety: re~eFiQslriiiwTOnnai eim, an
CASH DEPOSIT MONUMENTAiIDry
Type: Principal Amount:
Name and address of surety:
MAINTENANCE GUA0.pNT EE
Type: Principal Amount:
Name and address of surety:
TO BE POSTED P0.I00. TO ACCEPTA N[E 8T THE CITN
n
u
IN NIT NE SS HEREOF, the parties hereto nave taus ea these
presents to be duly executed and a<knawl edged with all
/ormalf ties required by law on the Oates set /orth apposite their -
signatures.
Date _ z-6-84. _ - _ by cENx5~t4:ff.5 ne _~~FeFJL1 ___ ,Developer
>[g a[ e
r' Cd Agent
Oate by ,Developer
[gna[ure
n n[ed
Accepted:
C tty of Rancho Cucamonga,
C al Hgrnta
q Municipal Larporatton
DY; _ Mayor
At[eR:
Cfty C erk
ApProv ed; ~/~~~ ~~ ~~
OE VELOPE0.'S SIGNATURE MUST BE NOTARIZED
-5- •
U~
CITY OF RANCHO CUCAMONGA
[ONSTRU[T10N ESTIMATE
ENCROACHMENT PERM Ii FEE SCHEWLE
Far Improvement of: Tract 11013
Oate: Computed by:
File Reference: City Owg. No.
NOTE: Does not include current /ee f or
writing perr.it w pavewent deDOS its.
CONSTRUCTION COST EST IMATE
ITEM ~ ~N IT UNIT COST S FMOUNT
P.C.C. Curb - 12" C.F.
P,C.C. Curb - 8" C.f. 3661 L.F. 6.00 22,086. 00
P.C.C. Curb only b" C.F.
R.C. germ (5200 min.) 29 L.F. 4.50 130. 50
4^ P.C.C. SitlewalN 12,949 S.f. LJS 22,660. 15
6" Drive Approach 10,002 S. F. 2.50 25,005. 00
0^ P.C.[. Cross Gutter 1795 S. F. 3.40 6,107. 00
Street Ezc av a[ion
imported Embankment
Preparation of Subgr ade 87,800 E.F. 0.15 13,170 .00
Crushed Aggregate Base (per in. thick) 55,705 E.F. 0.08 4,456 .40
A.C. (over 1300 tars)
p.C. (900 to 1300 tans) 1,002 TON 35.00 35,070 .00
p. C. (under 500 to 900 tons)
A,C. (under 500 tons)
Patch A.C. (trench)
.
1" thick A.C. Overlay 10,995 S. F. 0.30 3,298 .50
Adjust sewer manhole to grade
pdjus[ sewer clean out to grade
Pdjus[ water valves to grade
Street LigN [s 10 EA. 1500.00 15 ,000 ,Otl
Street Signs 4 EA. 200.00 800 .00
Street Trees
Parkway Landscape end Irrigation
Barricades Min. 500 .00
See Attached Sheet
CONSTA UCTION LOST 5157,593.15
CONTINGENCY COSTS 15,759.32
TOTAL CONSTRUCTION 5173,352.47
FAITHFUL PEAFO0.MANLE SVRETY (lOC%) 5177,400.00
LABOR AND MpTERI0.L SECURITY (SOS) 586,700.00
ENGINEERING INSPECTION FEE53910
•AE STCRAitOB /OEL1M1'EAT ION CASH DEPOSIT ~f
O 00
E
(AEf'J'iDABLEI
NONORENCAT ION SUA E7Y (CASH) _ A Z ZOO
+PUrsuant to City ¢f Rancho Cuc amon9a Municipal Lode, Title I, Chapter 1.08,
adopting San Bernardino Coonty lode Titles, [hapt ers 1-8, a cash
r¢stora[ipn/delineation deposit shall be made prior to issuance of an
Engin¢eri ng Construe tlon Permit.
• -6-
dl
For lnprwement pf: tract 11013
ITEM Ouan ti ty Untt Onlt S AMOUN7
Benroval of A.L. Berm 200 1. F. 1.00 200.00
Concrete Block Nall 284 L.F. 22.00 6248.00
Splash Nall 24 S.F. 20.00 480.00
Access Ramp 385 S. F. 2.00 770.00
Stop Sign 2 EA, 50.00 100.00
Lomnerc ial Ortve Approach 360 S.F. 2.75 990
Outlet 6tru<ture I EA. 500.00 600
type N Me rker I EA. 25,00 25
•
~~
1_~
BCfU W. 'IL0051
rPet[LM: 51.040.00
•
f 11/TNFUL PERFO RNaNCE NO NO
4xEREAS, the city Co un tit of the CS ty of Rancho [ucamonga,
$Idte 01 [dl if ernld, dOd LENIS HOES OF CALL rOP.V IA
(herefnaf ter designated as "pn nciDal" eve entered into an
agreement whereby principal agrees tO inst aii and complete
certain designated public improvements, which said a9reem ant,
dated febzvary 6 1984 and identified as
project Tza~z uttt is-fiereby referred to and
made a part hereai;antl,
MMERE AS, said Drinc iDal is required under the terms of said
agreement to faro ish a bona tOr the iaif hful perf Ormanc¢ of said
agreement.
NON, THEREFORE, we the principal and Oev>ioro
as tar ety, are held and firm ly DOUnd unto the [~i[y~ o- R~a'n~no
Cucamonga (hires oaf ter tailed "Cf ty"), in [he penal sum of
ore nuvaz•d sever :-a DoT a s
to aro-nu aw u money o the United ates, or t e payment
o/ w x~ h sum w111 and truly to De made, we Oind Ourselves, our
Atlrt, SYCCEStOrt, lxlCUI0r5 dnd adm i0fttrd[Ort, ,{oinLlY dnd
severally, firmly by these presents.
The condition Of this obif gati0n is such that fi the above
DOpO ded print ipel, his Or itT heirs, executors, adminfstrato rs,
successors or assigns, shall in ali things stand to and abide by,
and well and truly keep and perform the covenants, coneftions and
• provisions in the said agreement and any alteration thereof made
as therein DroVf ded, on his Or (heir pd rt, to De kept and
performed at The time and Sn [he manner tAer¢1n specified, and in
all respects according to [nett true intent and meaning, and
shall indemnify and save harmless Cif y, its oifi<ers, agents and
employees, as therein itipula led, Chen this oblf gatfon shall
Decame nu 17 and void; otherwise, it sha it De and remain in full
force and effect.
As a part of the obligation secured hereby and in addition to
the face amount specified therefor, mere shall be included costs
and reasonable expenses and fees, including reasonable attorney's
~ fees, incurred by City fn successfully enforcing such obligation,
ail to De taxed as casts and in<ludetl fn any judgment rendered.
r The surety hereby stipulates and agrees Loaf no than ge,
!x[enti0n of [Imo, alteration or addition Io the terms Of the
agreement or tO the work to De performed [hereunder or the speci-
fications accOmDdnyf ng She Same shall [n anywise a//act its
Oblfgattons on thfs bond, and it does hereby waive notice of any
such change, ext en sign of t1m e, alteration or a001tiOn to the
terms Of the agreement or tO the work or to the aPecf iicatf ans.
IN NIiNESS NN ER EDF, this instrument has Deen duly executed by
--~' the principal and safety above named, on r: nrua o. r.
19B
.,...,:- ~,~., .. ,.;,~_ nrRTxnrE,rvS c~sLTC>.eca ctee;ar
OevelO er Surety.
I I
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OY~~
~ /~/
~ 9 d .~____
SI rt lure ~
'
~ [tilt neY-ib
dCt
jR
AuthanxM A9ene ~
Stephen A. Spagml
~
~ ~ PLE~$E ~TTBCN PONEq OF aTT ORNET TO BEL BONO$
T
,
„ SION~TORE$ MUST BE NOTARIi EO
w,,,yl,
'
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~ FQ\L W. ]10051^A
LABOR AXO MATERIALMEX BONG FRQtyt,)t' ~L®
•
NNEREA S, the Citv Council of the City of Rancho Cucamonga,
State Of California, and L,xis ::OIIES Gr rtiifOe:an
-
into an
thereinafter designated as "pn nc spa eve ente rea
agreement Thereby principal agrees to install and complete
car[ain designatetl public improvements, which tafd agreement,
dated- Februac: a 19R a and identified
as project ""^ Is ereby r~r red to and made
-
r
an
f a
a part herev ;
NNEREAS, under the terms of said agreement, pr inciDal is
required belore entering upon the Derf prmance of [h< work, to
file a good and sufficient payment bona with the City of Rancho
Cucamonga to secure the claims to which reference is made in
Title 1$ (commencing with Section 3082) of Par; A of Division 3
of the Civil Cv d< of the State of California.
NON, THEREFORE, said pr incipai and the undersigned as a
corporate surety, ere held firmly bound unto the City of Rancho
Cucamonga and ail contractarf, subcontractors, laborers,
mat eriaimen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid [ode of
CiV 11 Pr vice dur< 10 tN< SNm of E :v-5iz IDousa.^.d SeV^n IlunlreA Sllars S No/100
BOl ldrs ($ 86.100 AO ), (Or mdI<rld t UYOISnaO Or dbOr [tlp r¢on Of
any kind, orTor emounts due under the Unemolo ym ent Insurance Act
rich respect to such work or labor, that said surety rill pay [he
same in an amount not exceeding the amount hereinabove set Porth,
and also in case suit is brought upon [his band rill pay in
addffion to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's lees, incurred
by City in successfully enforcing such obligation, to be awarded
an0 fixed by the court, and to be taxed ai costs and [o be
included in the judgment th¢reln rendered.
It is hereby expressly stipulated and agreed that this bon0 •
shall inure to th¢ benefit of any and alt persons, co mpani of and
corporations entitled to file claims under Title 15 (commencing
wiM Section 3082) of Par[ A of Oivison 3 of the Civil Code, so
at to give a right of action to them or their assigns in any soft
brought upon this band.
$hOUld thp'[OOdltiOn p( thit bond be fully perf OrmQd, then
this ool igation shall become null and void, otherwise it shall be
and remain in full force and effect.
The tore ty hereby stipulates and agrees that no change,
extension of time, alter of ton Or addition to the terms of said
agreement or the specs/ications accompanying the same shall in
any manner affect its obligati ens on this band, and it does here-
by waive hat ice of any such change, exten sf on, alteration pr
•dd ltlon.
IN NIiNESS NNEAEOF, [his instrument has bean duly executed by
the principai and surety aCOV¢ named, an rebrvnr, a ,
198.1
" tE't: ,~~,. _. rte imM1q: NFS P:SLP.'•\V. C~'Jy~•,h~
~~
~ -~
- ~
Oeveioper )
Sure cy
-
r
/ r
1 Ignatu re tt l )o one y-l n- act
duthori zpd avrnc
e
: phan A. spa0nalo
ot
- ..x•..i..
^ ~-,
~~ PLEASE ATTACH pONER OF ATTORNEY i0 ALL BON D$
,+.
'^ $IGXAIURES MVST BE NOTARIEEO
SDBGIVI SIGN
GUAR AMT EE NO PERFORMANCE
(SETTING OF FINAL NO NUKE NT S)
Ci[y Ca until
City of Rancho Cucamonga
D. 0. Boa 807
Rancho Cucamonga, California 91770
Gentlemen:
Pursuant [o Lha pt er 4, Article 9, Section 66497 Df [he Government
Code, the unde rs i5ned hereby agrees that all monuments shown an
the final map Of 11017 are to De set
and /u rolsh¢0 by t e subd~vlde is engrneer or surveyor on Or
Eef ore ac SOOer 1, 1984 as specified in [he
Engine er•s or urve t'ar's Certificate an ogress to Iurnish the
notes thereor, to complete all engrneerinq rlqu it ements specified
in Section 66497, of the Gavernm ent Lode.
The undersigned nanas you herewith the sum of f 27C0 AC
a3 a cash deposit, said deposit to guarantee tnaL the monuments
will be set and the notes furnished as above provided an or
be/ore the date specified and that the engineer or surveyor will
be Daid by the undersigned.
It fs further untlerstDOd and agreed that In the event the
undersigned fails to comp le [e the aDOVe repo ire men is within the
time spec if fed, the City oT 0.ancho Cucamonga ii author fixed to
complete sate requirements or cause them to be completed and tha
• cost there o/ is to be a charge against said cash deposit, and th!
City aT Rancho Cuc amDnga is euthorixetl to mak¢ the net es4 art'
transfer from safd cash deposit tD the credit for the pro0er city
fund.
it is further agreed chat if tha undersigned does not present
evidence [0 the Litt' Council that he has paid [he engineer or
surveyor for the setting of the final monuments, and if [he
engineer or' surveyor gives the notices Drescribed in Section
66497 of [he Government Code, the City shall pay to said engineer
ar surveyor, the rash deDasit herein ma tle.
1/ the cost D( cOmpletinq said requirements exceeds the amount of
the cosh deposit, the undersigned agrees to pay [he difference
within thirty (70) dx ys after receiving written statement from
tA! City Di Rancho Cucamonga specifying th! amount of the
dlff erence betwee0 [he cash deposit and the actual cost Of safd
regw rementi.
Cordially,
IENIS DOMES OF LAL IF ORNIA Subdivider
P. 0. 6n+ ti70, UDianq CA 9:?fl6-C67O Adtlre25
('o v
By/Date `v~. 'L'-~~"^~~ __~_-~~y,rv 8. 13e4
A'.I (.p APO F, lEWIS, i~ GiDriieD Auent
the deDO31[er of record (tar return of dnY portion of [he Cdah
deposit) shall be
taw b. 1'ou rs of Laii(i>s la n B . fi70 nOlagd. CA 71785.0670 _ _ _ -
ilame Atltlre ss
NOTE: TO BE SUBMITTEG FUL LT FILLED OUT AND SlCNEO
,a
4'~
Recorded at the Request of
THE !fETROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
When Recorded Mail to
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Hox 54153
Los Angeles, California 90054
DOCL':AENTARY TRANSFER TAX $ None
PERMA^IENT EASEMENT DEED
..+
u
'K.'
m
1606-17-1 and 5 (Portions)
° q
T![E METROPOLITAN WATER DISTRICT OF SOUTHERN
G ~ CALIFORNIA, a public corporation, hereby grants to
N r
u a CITY OF RANCHO CUCAMONGA
a: •J an easement for •
bli
~ ;~ pu
c street and utility purposes over the
; -;•.^~
' real property in the County of San Bernardino, State of
~, .
: ~ California, described as follows:
^ .-, J
r;: ~.,'~
~ A parcel of land in Lots 2, 3, 6, and 7 of Tract
;~; • ; ;~ No. 2051 in the County of San Bernardino, State of California
:: ~ ,
as shown on map recorded in Book 22, page 36, of Maps in the
~, ~,, ~
= office of the Recorder of said County of San Bernardino
v
c7
= ° ,
being also a portion of those parcels of land as described
~
;
= by deeds to The t4etropolitan Water District of Southern
[:, :~ ~ California recorded in Book 7967, page 589, and in Book 8146
,
page 101, all of Official Records of said County, said
certain parcel of land being more particularly described as
follows:
e Beginning at the northeast corner of Lot 31 in
Tract No. 9637, as per map recorded in Book 153, pages 75
6°~ ~;~ and 76, of +faps, Records of said County, said Lot corner
~,o ii being at a point on the south line of said parcel of land as
$v 'Q described by deed to the Metropo titan Water District recorded
t ~ in Book 7967, page 589, of said Official Records; thence
~-i ~ along said south line N 89° 41' 16" E 32.21 feet to a point
,,~ on the wPSterly line of that certain parcel of land as
described by deed to the City of Rancho Cucamonga recorded
•
~7
• Permanent Easement Deed
1606-17-1 and S (Portions) -2-
April 20, 1979, in Book 9669, page 1894, of Official Records
in the office of said County Recorder, said point is on a
nontangent curve concave southeasterly and having a radius
of 250.00 feet, a radial line of said curve to said point
having a bearing of N 67° 36' 28" W; thence northeasterly
along said westerly line, through a central angle of
2° 45' 44", an arc distance of 12.05 feet to a point on a
reverse curve concave northwesterly and having a radius of
250 feet, a radial line of said curve to said point having a
bearing of 5 64° 52' 49" E; thence northeasterly and northerly
continuing along said westerly line, through a central angle
of 24° 39' 47", an arc distance of 107.61 feet to a point on
the north line of said parcel of land conveyed to the
Metropolitan Water District by deed recorded in Book 8146,
page 101, of Official Records of said County; thence
5 89° 41' 16" W, leaving said westerly line along said north
line 10.52 feet to a paint on the east line of said parcel of
land as described by deed to The Metropolitan Water nistrict
of Southern California recorded in Book 7967, page 589, of
• said Official Records of said County; thence along said east
line N 0° 29' 00" E 8.59 feet to the northeast corner thereof;
thence S 89° 23' 00" W, along the north line of said last-
mentioned parcel, a distance of 302.00 feet to a point on a
nontangent curve concave northeasterly and having a radius
of 90.00 feet, a radial line of said curve to said point
bears S 66° 06' 00" W; thence southeasterly along said
curve, through a central angle of 66° 19' 37", an arc distance
of 88.48 feet to a point on a compound curve concave northerly
and having a radius of 430.00 feet; thence easterly along
said curve, through a central angle of 10° 23' 23", an arc
distance of 77.97 feet; thence tangent to said curve,
N 89° 23' 00" E 110.70 feet to the beginning of a tangent
curve, concave southwesterly and having a radius of 15.00
feet; thence easterly, southeasterly, and southerly along
said curve, through a central angle of 110° 16' 40", an arc
distance of 28.87 feet to the beginning of a compound curve
concave northwesterly and having a radius of 220.00 feet, a
~ r -~ radial line of said curve to said point having a bearing of
<^ ~+l\ S 70° 20' 20" E; thence southwesterly along said curve,
;e° through a central angle of 5° 27' 36", an arc distance of
~c' ;* 20.97 feet to the beginning of a reverse curve, concave
~' ~~ southeasterly and having a radius of 280.00 feet, a radial
o u line of said curve to said point bears N 64° 52' 44" W;
thence southwesterly along said curve, through a central
c~~P
Permanent Easement Deed
1606-17-1 and 5 (Portions) -3-
o' ~ -
°~ Y
4~ :~
o~
angle of 5° 18' 10", an arc distance of 25.91 feet to the
~~ ~ point of beginning.
?8S k
Containing 0.42 acre, more or less.
This easement is granted subject to the following
terms:
1. A street in conformity with the public street -
standards of the City of Rancho Cucamonga shall be constructed
within the easement area and incorporated into the City
k,ublic street system; provided, however, that (a) the
construction of such street and utilities therein shall
conform to plans, previously approved in writing by Grantor,
which show the location, character, dimensions, and details
of the work to be performed, and (b) any future changes to
the street or utilities therein shall have the prior written
approval of Grantor, which approval sha 11 not be unreasonably .
withheld.
2. The easement shall be subject to Grantor's paramount
right to use the above-described property for the purpose
foz which it was acquired.
3. After initial construction is completed, the
installation of any utility within the easement area shall
be subject to the written approval of Grantor.
4. Grantee assumes all risk of loss to itself, which
in any manner may arise out of the use of this easement.
Further, Grantee shall indemnify Grantor and its directors,
officers, and employees, against any liability and expenses,
including the reasonable expense of legal representation
whether by special counsel or by Grantor's staff attorneys,
resulting from injury to or death of any person, or damage
to any other property, including property of Grantor, or
damage to any other interest of Grantoz, including but not
limited to suit alleging noncompliance with any statute or
•
~/9
u
Permanent Easement Deed
1606-17-1 and 5 (Portions) -4-
regulation, which in any manner may arise out of the granting
of this easement or use by Grantee of the easement area or
any adjoining land used with such easement.
Dated: /f/%c:. .S~ /~f/
TY.E METROPOLITAN LVATER DISTRICT
OF SOUTHERN CALIFORNIA
Evan L. Griffith
General Manager
r 1
L_J
HJD/dsp
~~
Assistant General.t•Sana e
~J~Vt`/
~,.
l~'P~
~~.~~
Authorized by MLVD Administrative Code Section 461.8
This is to certify that the interest In real
property conveyed by the within instrument
to the City of Rancho Cucamonga, a City
incorporated under the laws of the State of
California, is hereby accepted by order of
the City Council, and the grantee consents
to the recordation thereof by its duly
authorized officer.
U
ey:
City Engineer
S~
. ...... ..F G',LIFORN IA
~.. ._: LOS ANGELES
Un this ~ day of ,iEj~• ~. ~
... ...e year ~_, before me . ~,/. ,/~~~/~/
..a: 1}• aopaared DAVID N. REN":GDY', known tc me 'to be cha
... :oneral :4anager of THE NETROFOLSTA^: WATER Di$?RICO
..,-;2:: CALIFORNIA, a public corporation, and known t.,
tca perscn who executed the within instrument ;n^
sa d public corporation and acknowcedaad to m,e ~.;;c
.. ...: corprr.~tion executed the same.
.... _.. mq naed ar.d of: ici~1 seal.
OFFICIAL SEAL
~~~,~
H. J. DEARING, JR.
~
~. NOTPRY PUBLIC ~ CAUPORNtA
" , ~a .! lOS ANGELCS COUNTY
My comm. erpir<s lUL l9, 3982
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::o,aary Public in and ~ or
Sald $tata ~
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•
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RESOLUTION N0. d3=9Y=35CR- ~ ~_ c,
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 11013
AND AN EASEMENT DEED FOR STREET PURPOSES
WHEREAS, the Tentative Map of Tract No. 11013 consisting of 30 lots,
submitted by Lewis Homes, Subdivider, located on the east side of Amethyst
Street, south of Banyan Street has been submitted to the City of Rancho
Cucamonga 6y said Subdivider and approved by said City as provided in the
Subdivision Map Act of the State of California, and in compliance with the
requirements of Ordinance No. 28 of said City; znd
WHEREAS, to meet the requirements established as prerequisite to
approval of the Final Map of said Tract said Subdivider has offered the
Improvement Agreement submitted herewith for approval and execution by said
City, together with good and sufficient Improvement Security, and submits for
approval said Final Map offering for dedication for public use the streets
delineated thereon.
NOW, THEREFORE, 8E IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, as follows:
1. That said Improvement Agreement be and the same is
• approved and the Mayor is authorized to execute same
on behalf of said City and the City Clerk is
authorized to attest thereto; and
2. That said Improvement Security is accepted as good
and sufficient, subject to approval as to form and
content thereof by the City Attorney; and
3. That the offers far dedication and the Final Map
delineating same be approved and the City Clerk is
authorized to execute the certificate thereon on
behalf of said City.
4. That the Dedication made aver the Metropolitan Water
District land is hereby approved and the City
Engineer is authorized to execute the certificate
thereon on 6eha if of the City.
~ ~.
•
CITY OF RAIv'CHO CUCAMONGA
STAFF REPORT
DATE: March 7, 1984
T0: City Council and City t4anager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Kroll, Engineering Technician
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SUBJECT: Approval of Revision to Improvement and Maintenance Agreement for
Tract 12044 (Victoria Project) submitted by Foothill Associates
located between Highland Avenue and Base Line Road west of Etiwanda
Avenue
An Improvement and Maintenance Agreement for the basin in connection with
Tract 12044 has been submitted by the developer to revise the legal
description.
The new legal description deletes a small portion of the overflow area which
is within the boundary of Parcel Map 7966 (Regional Center). A map is
attached showing this area.
When recorded, this agreement will replace the previously recorded agreement.
RECOMMEMOATIOM
It is recommended that City Council adopt the attathed resolution approving
said revised agreement and authorizing the Mayor and City Clerk to sign same.
r2espgctfully sub ted,
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LBH B jaa
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3tB6•l AIRWAY AVENUE • COSTA MESA, CALIFORNIA 92628 • (718601 X777
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• CITY OF RANCHO CUCAMONGA
IMPROVEMENT ANO MAINTENANCE
AGREEMENT FOR TRACT 12044
(Basin)
KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered
into, in conformance with the provisions of the Municipal Code and Regulations
of the City of Rancho Cucamonga, State of California, a municipal corporation,
hereinafter referred to as City, by and between said City and Foothill
Associates, a California General Partnership, hereinafter referred to as
the Developer.
WITNESSETH:
THAT WHEREAS, a temporary retarding basin shall be constructed for Tract
12044, being an Improvement Requirement of said City for said Tract (the
"Basin"); and,
WHEREAS, The Developer shall own and maintain the Basin until such time
as the Downstream Master Planned Storm Drain System is completed, and accepted
by said City, or a retarding basin is constructed at another location and is
approved for use in Tract 12044 by the City, and
• WHEREAS, the execution of this agreement and posting of maintenance security
as hereinafter cited, and approved by the City Attorney, are deemed to be
sufficient to guarantee continual maintenance of the Basin.
NOW, THEREFORE, it is hereby agreed by and between the City and the
Developer as follows:
1. The Developer agrees to construct at Developer's expense the Basin
per the provisions of the Subdivision Agreement for Tract 12044.
2. The Developer agrees to maintain the Basin, to the satisfaction of
the City, at no expense to the City. The area required to be
maintained is shown on Exhibit "A" attached hereto, Such main-
tenance shall include Lhe yearly cleaning of debrfs from the Basin,
to maintain design capacity, removal of vegetation, maintenance of all
fencing, inlet and outlet structures and pest control, restoration
of private property between the Dasin and existing channel facilities.
All such maintenance shall be done prior to November 1 of each year.
Developer shall further perform such regular maintenance as may be
required for the normal operation of the Basin. In the event an
emergency situation arises concerning the Basin, the City may re-
quire the Developer to perform reasonable maintenance activities
within twenty-four (24) hours from the receipt of written demand
therefore from the City.
•
-1-
S ~
3. Developer agrees to indemnify and hold the City harmless from and
against any and all liability arising from Developer's maintenance •
of the Basin as provided herein.
1. If after thirty (30) days following notification by City of deficient
maintenance of the Basin, the Developer fails or neglects to comply
with the provisions of this agreement, the City shall have the ~ ~`
right at any time to cause work to be done by any lawful means, and
thereupon to use the hereinafter stated cash security and/or re-
cover from said Developer the full cost and expense incurred in so
doing. Developer shall be billed far said Costs and shall make
restitution to City within thirty (30) days of date of billing,
and/or replace said cash securities used. Should developer fail to
make said restitution, within the time alloted, then the City will
cause a lien to be filed, against said Developer on the real property
described on Exhibit "B" attached hereto, for said restitution plus
all reasonable attorney fees.
5. This agreement shall remain in full force and effect from the date
hereof until notice by City that required construction of a Down-
stream Master Planned Storm Drain sewer is completed and accepted
for maintenance by said City. At that time said maintenance security
shall be returned to Developer and this agreement shall tennfnate.
6. The maintenance security is to be furnished by the Developer to
guarantee completion of the teens of this agreement and shall be
subject to approval by the City Attorney. The prf ncipal amount of •
said maintenance security shall not be less than the amount shown
below:
Maintenance Security Submitted:
Total Cash b5,000.00
IN WITNESS HEREOF, the parties hereto have caused these presents to be
duly executed and acknowledged with all formalities required by law on dates
set forth opposite their signatures.
DEVELOPER
FOOTHILL ASSOCIATES, A California General Partnership
BY;, CUCAMONGA ENTERPRISES, A California General Partnership
BY: 'i / ~' /e.-c~~~--- Date: ,~ ~~ ~ ~ ~~~/
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Wi toes s: ~ ~ ~ l~! L~~~c..'~!°r __._- Date: ~ jC ~~~
,, •
-2-
!.
• CITY OF RANCHO CUCAMONGA, CALIFORNIA
A MUNICIPAL CORPORATION
8Y: ~ Date:
Jon D. Mikels, Mayor
Attest:
Date:
Lauren M. Wasserman, City Clerk
Approved as to Form:
ty Attorney "
•
The purpose of the recording of this agreement is to change the name of
the Developer to FOOTHILL ASSOCIATES and to revise the legal description
and map for "Exhibit B."
This agreement shall be binding upon the City and the Developer.
Upon recordation of the Agreement, the original "Improvement and Maintenance
agreement" between the City of Rancho Cucamonga and R. C. Land Company
recorded August 4, 1983 as Instrument No. 83-176588 of Official Records is
hereby terminated.
.i -3-
"7
EXHIBIT "A"
CBASIN)
315(e
•
PARCEL 1
A 110 FOOT WIDE EASEMENT OVER THAT PORTION OF BLOCK S, OF ETIWANDA
COLONY LANDS, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 24 OF MAPS,
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, THE CENTERLINE BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 3, OF SAID BLOCK, THENCE
589"55'19"E 233.73 FEET ALONG THE NORTH LINE OF SAID LOT; THENCE
LEAVING SAID LINE 500=15'35"W 211.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE 500'15'35"W 145.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CO"JCAVE WESTERLY AND HAVING A RADIUS OF 1000.00 FEET,
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°12'l7"
AN ARC LENGTH OF 300.28 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "A", THE SIDELINES AT THE SOUTHERLY END OF SAID EASEMENT SHALL
TERMINATE AT A LINE HAVING A BEARING OF N89°54'24"W.
PARCEL 2 •
A 600 FOOT WIDE EASEMENT OVER THOSE PORTIONS OF BLOCK 2, OF ETIWANDA
COLONY LANDS, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 24 OF MAPS,
AND PARCEL MAP 1, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 1, OF
PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE ABOVE-REFERENCED POINT "A", YHENCE N89°54'24"W 1535.06
FEET; THENCE 500°05'45"W 600.00 FEET; THENCE 589°54'24"E 2000.00 FEET
TO THE WEST LINE OF LOT 7 OF SAID BLOCK S; THENCE N00°05'45"E 600.00
FEET ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION TO A POINT
WHICH IS N00°05'45"E 8.9t FEET FROM THE NORTHWEST CORNER OF SAID LOT 7,
THENCE N89°54'24"W 464.94 FEET TO THE POINT OF BEGINNING.
EXHIBIT A-1 IS ATTACHED HERETO AND MADE A PART HEREOF.
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CIVIL ENGINEEpING ENVIRONMENTAL PLANNING LAND SURVEYING
Sue+fCT eY e~rE pe NO. EMEET flf
TENP9TAQY DYAINAGE AND .~ 7.8.62 51S/• ,Q Z
BgSIN EASEM[NT
CANI BIT A•1
BASE LINE AVENUE
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+ + I 1 vaoo.za• 7.151.29'
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3188•L AIRWAY AVENUE • COSTA MESA,CALIFORNlq 92626 • (1U1617.6777
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(AGREEMENT RELEASE)
EXHIBIT 'D'
LEGAL DESCRIPTION
FOR
BASIN
PARCEL 1
LOTS 3, 6, 11, AND 14, IN BLOCK "S" OF ETIWANDA COLONY LANDS, AS
PER PLAT RECORDED IN BOOK 2 OF FIAPS, PAGE 24, RECORDS OF THE
COUNTY RECORDER OF EAN BERNARDINO, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 3, BEGIN:7I!iG AT A
POINT ON THE NORTH LINE OF SAID LOT 3, 150 FEET BEST OF THE EAST
LINE OF SAID LOT 3; THENCE SOUTH 200 FEET PARALLEL TO THE EAST
LINE OF SAID LOT 3; THENCE WEST 218 FEET; THENCE NORTH 200 FEET
PARALLEL TO THE EAST LINE OF SAID LOT 3; THENCE EAST ALONG THE
NORTH LINE OF SAID LOT 3, 218 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE LAND SHOWN ON
PARCEL MAP NO. 6 RECORDED IN BOOK , PAGES THROUGH
INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY.
•
PARCEL 2 •
LOTS 4, 5, 12, AND 13, IN BLOCK "S" OF ETZWANDA COLONY LANDS, AS
PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF THE
COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 4, BEGINIING AT A
POINT ON THE NORTH LINE OF SAID LOT 4, 150 FEET WEBT OF THE EAST
LINE OF SAID LOT 4; THENCE SOUTH 200 £EET PARALLEL TO THE EAST
LIKE OF SAID LOT 4; THENCE WEST 230 FEET; THENCE NORTH 200 FEET
PARALLEL TO THE EAST LINE OP SAID LOT 4; THENCE EAST ALONG THE
NORTH LINE OF SAID LOT 4, 230 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE LANG SHOWN ON
PARCF MAP NO. 6 RECORDED IN BOOR , PAGES THROUGH
INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY.
(CONTINUED)
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PARCEL 3
• PARCEL 2 OF PARCEL MAP N0. 1, AS PER PLAT RECORDED IN BOOK i OF
PARCEL MAPS, PAGE 1, RECORDS OF THE COUNTY RECORDER OF SAN
BERNARDINO, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF A LINE THAT IS~,
PARALLEL WITH AND DISTANT 330.00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES FROM THE WEST LINE OF THE EAST 1/2 OF THE WEST 1/2 OF
SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND
MERIDIAN.
EXCEPTING THEREFROMf .4NY PORTION LY1NG 'NfTIIIN THE LAND SIiOWN ON
PARCEL NAP N 966, RECORDED IN BOOK PAG c'S THROL'G ii
INCLUSIVE, OF PARCEL MAPS, RECORDS OF SA1D COUNTY.
PARCEL 4
THE NOATH 15 FEET OF LOT "A", ACCORDING TO MAP OF ETIWANDA CACT L'S
ACRES, AS PER PLAT RECORDED IN BOOK 19 OF btAPS, PAGE 63, RECORDJ'
OF THE COUN?Y RECORDER OF SAN BERNARDINO. STATE OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE SOUTHERLY
PRLONGATION OP THE EASTERLY LINE OP PARCEL N0. 3, OF PAP.CEL NAP
N0. 1, AS PER PLAT RECORDED IN DOOK 1 OF PARCEL MAPS, PAGE 1,
• RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE LAND SHOWN ON
PARCEL bfAP N0. 7966, RECORDED IN BOOK PAGES THROUGH
INCLUSIVE, OF PARCEL NAPS, RECORDS OF SAfD COUNTY.
N3288
SSC :DT
FEBRUARY 15, 1889
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3788-L AIRWAY AVENUE • COSTA MESA, CALIFORNIA 92628 • (77q BA1~6777
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RESOLUTION N0. 03-9~3<BTCR ~ y - yy
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCaMONGA, CALIFORNIA, APPROVING A REVISED IMPROVEMENT
AND MAINTENANCE AGREEMENT BETWEEN THE CITY ANO FOOTHILL
ASSOCIATES FOR TRACT 12044 (VICTORIA PROJECT)
WHEREAS, a temporary retarding basin shall be constructed for Tract
12044, he ing a requirement of said City for said Tract; and
WHEREAS, a revised agreement has been submitted by the developer to
the City Council Of the City of Rancho Cucamonga for its consideration;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga that said revised agreement be and the same is herehy
approved and the Mayor and City Clerk are herehy authorized to sign same on
behalf of the City of Rancho Cucamonga.
PRSSED, APPROVED, and ADOPTED this 7th day of March, 1984.
AYES:
NOES:
RESENT:
J
Jon D. Mikels, tayor
ATTES f:
Lauren M. Wasserman, City C erk
j as
(, 3
•
l_J
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 7, 1984 '
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Kroll, Engineering Technician
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SUBJECT: Approval of 0onds and Agreement and Final Map for Tract No. 12320-1
submitted by Barclays-Terra located at the southeast corner of
Victoria Street and Archibald Avenue
The attached resolution is for the approval of the final map, bonds and
agreement for a 14 lot subdivision (first of two phases) at the southeast
corner of Archibald Avenue and Victoria Street. The project was approved by
the Planning Commission on Janary 26, 1983 and consists of 116 condominiums on
8.9 acres. There are two sets of bonds one for private streets and the other
for public streets.
RECOMMENDATION
It is recommended that Council adopt the attached resolution approving the
final map of Tract No. 12320-1 and authorizing the Mayor to sign the
improvement agreement and the City Clerk to attest to same.
Respectfully submitted,
LBNIJyI: j as
Attachments
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C}'CANp [iLIP~ I
~.~ CITY OF RANCHO CUCAAlO1~fGA 1
z32o~
~ ~ ~ ENGINEERING DIVISION
~ 1 ' VICINITY MAP 11 pyge Z
Alta Loma school district
WSU~f R.uelvv xudd • PoSl Otficr llnr t]O • AI41mm~. Cdlifumie 4l ]III • 714/987.0766
JUAN E. A1cMU0.TAT
suprnnMndn4
FI.OTU M. STORK
I'ermnnrl/Suppon Sn•Kn
STACY NELSON
euslneu stMU,
MILLI STRAIN
rumculum/SprtMl lra/M,
I'sufblishrd VIII; _ 1'ebnmry 24, 1994_..
ILLLr.
BOABU OF TPVSTLlS
ROBExT S. FNOST
NOnlfxl lv. TANIil,1A\
AfHS. LIZ WI,LABIAI
MKS. BANUIU A. ULILLI'
JOAN C. BOON
LI4:"PER Of CI:!t'!'1 PiC,\'I'TON f'OR 5('ilnul. I)IS'fR ICI CP.I'A('1'('Y
Cur 12esidential Construction wi Lh in the Alta Lorn:I
School District.
D[;VELOPCR__ Terra West Development Company _
'PItACT MUMR(:R 12120 Lr )rA'I'IIPJ Southeast Corner
Archibald and Victoria
Nll?!IiGR 01' UWIi hLING UN ['PS 11G mu ].ti-family units (condominium)
• ANTI CIPATGD CO?1P LP:TI ON DATIC December 1984 _ ___
Cent lemon:
The Alfa ignm School Dist rice hi:reby Curti Fic:: r.hat the
cauaci ty for 34.9 sCUdcu l:; will bu provided within
24 months of the completion of t.hc above project. This
certification is given on tho crnnl i.t ion that the State
of California continues to Luln,l the provisiuns cf the
Leroy R. Greene Lmse/PUrchnsu Ac.[ of 1976, or any suc-
cessor Act, in 5urh manner that thu State Allocations
Unard may fund all school bui ld inrl projects unilcr its
current rules and rerlulatinns withnul. priority points.
'Cho commitment of this capacity aholl uxp ire 90 days Erom
thn date of this let[ec. Ap!,roval of Cltc final map or
the issuance o! bui ld ina perr.:i 1;; by Lhe City of Rancho
Cucamonga within thaC 90 day pori<„I ,boll va]idaCa such
<•nnnni hment.
Vi~ry hriily yon r:;,
7
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I'lnyrl 9. ^Lnrk
Adwinn.l i.il,n
Pcrsnnni•I and :;uppurC Sn rv ices
jh
cc: Planninll Ui vi sign, City nl I!~ulchu Cucamon%ta
Co G
CHAFFEY J6~PIT UNION HIGH SCHOOI DISTRICT y3.•YY,a,i.T,Y„ .
O x wa Saw
31. NFST RFTN STPEET. ONiANIO, [LLIFUFHIA S11i3 w» i
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iOn nO OI fq YEll[E n[Si OkM, G[q /LO w wpLt • v~CE IxI S.OI Ni, E~qi L Y.n.ry . LLEgx Lnw q lf3 1 Vx /L LIV , iq u5ll E S. qw• Ygq~O, qAM Lffx'n Mlly
February 24, 1984
Letter of Certification
of School District Can_aci tv
'vithin the Chaffee Joint Union Hiah School District and the
attendance bounaaries for the
.allowing descr: ed project:
Location/Description: Tract No. 12320 •
Victoria d Archibald
Rancho Cucamonga
Number of Dwellings: 116 condominiums •
Anticipated Completion Date: December 1984
The school district he rebv certifies that the capacity for
IB students will be provided within 24 months of the
comp et:on of the above project. This certification is given
or, the condition that the State of California continues to
fund the provisions o£ the Leroy G. Greene Lease/Purchase Act
of 1976, or any successor Act, in such manner that the State
Allocation Board may fund all school building projects under
its current rules and reeulations without priority points.
The commitment of this capacity shat' expire 90 days from the
date of this letter. Approval of the final map or the issuance
of buildira permits by the City of Rancho Cucamonca within that
90-day period shall validate suc1/h commitm~ t1~~~
\~ ~C~.1oC,t«F.a~aE~
9t?r:cr-enal*t; Asst. Super L-.t=rcent
by Dianne All
-~ Terra West Dev.
cc: Planning Di•: i;ion ~~EiZ 5 E. 17th St.
City o` 9ancho Cucamonca Suite 216
Santa Ana. CA 92701 •
Dave Boucher
C~ 7
~T~.~ Vln--.nNnt
_ ROBERT NEU FELD
~1% ~ ~ Senrm... Cvrnl Mevpr
•CUCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL
Dinrten
--~ `• - ~+'~- ~ ~ EARLE R. ANDERSON
R EVERLY E. 6RAOEN
VICTOR A. CHEREA K. JR.. -.rnJr.t CHARLES A. WEST
J , ,
February 13, 1984
City of Rancho Cucamonga
Eno, ineering Department
P. O. Hox 807
Rancho Cucamonga, California 91730
Attention: Barbara Kra11
Gentlemen:
Barclays-Terra, A General Partnership, Developer of Tracts No.
12320 and No. 12320-1, situated in Rancho Cucamo naa, has de-
• posited with this District a Material and Labor Bond, a Faith-
ful Performance Bond, and a Ctilities Improvement Agreement.
These bonds and agreements are being accepted by this District
as an assurance that said improvements will be provided, as
stated, within the boundaries of the Cucamonga County Water
District.
In addition, this letter is to verify that the above referenced
Developer has complied with all requirements for development
that are mandated by District policy.
Yours truly,
CUCAMONGA COUNTY WATER DISTRICT
Betty FiAn
Secretary
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•
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CITY Of RA MCHO CUCAMDN6A
IMPROVEMENT A6REENENT
FOR
T aa~ N.. 123zo-I ~, 123zo
NNON ALL MEN BY TNESE PRESENTS: That this agreement is
node and entered into, in conformance with the provisions of the
Subdivision Map AcL of the State of California, and of She
applicable Ordinances of the Li ty of Rancho Cucamonga,
Calf/orn ta, a municipal corporation, by and between said Cfty,
her eina/tar referred to as the City, antl _gy~yyi_Te rrs
a neral na rcn ershio hares not ter referred to as the
Developer.
NITHESS ETN:
THAT, NHEREA S, said Developer desires to develop certain
real property in said City as shown on the conditionally apprav ed
subtlivlslon known as Tract No. 123Y0-1 h 12320 ; and
NNEREAS, said City has established certain requirements
to be met by said Developer as prer equf site to approval of said
subdivision generally located at tau e'sn asc cornr~ aE Arctiibald
and Vtc[orta
NOW, TNERERORE, it is hereby agreed by said City and by
said Developer es /ollows:
1. The Developer hereby agrees to construct a!
. Developer's expense a17 improvements described on Page fi here-
of within twelve months from the of/active date hereof.
2. This agreement shall be effective on the date of the
res olutian a/ the Council of said City approving to is
agreement. This agreement shall be in default on the day follow-
ing the first anniversary date of said approval unless an exten-
sion of time has been granted by said [i [y as hereinafter provid-
ed.
I
3. The Developer may request an extension o/ time to
complete [he terms hereof. Such request shall be submitted to
Lhe City in writing not less than 30 days before the aspiration
date hereof, and shall contain a sL atement of circumstances
hates sitating the extension d/ time. The City shall have the
right to review the pr ovislons of this agreement, including Lhe
construction standards, cost estimate, and improvement security,
and to require addastments therein it any subitantiel change has
dcc urred during the term hereof.
a, if the Developer fails or neglects to comply with
the provisions of this agreement, the City shall have the right
a[ any time [a cause Sold provi sfons to be met by any lawful
means, and thereupon recover from the Developer and/or his surety
the foil cost and asp ense incurred.
5. The Developer shall provide metered water service to
each ldf of said development in accoreance eith the regulations,
s<hedu les, and fees oI [he wcamonga County Nater District.
6. The Developer shall be res ponsihte /or replacement,
relocation, or removal of any component of any irrigation wafer
system In conflict with construction o/ required improvements to
the sat751 action of the Clty Engineer and the owner of such water
. system.
-t-
Tracts and Comm/Ind, D.M. w /
7. imDror em cots re paired to De constructed shad
con Porm to the Standard Drawings and Standard Spec if ica[ions of
LAe City, and to the improvement plan approved Dy and on file in
the of ti ce of LAe City Engineer, Said improvements are tabulated
on Lhe (instruction and Dand Estimate, Aer eby incorporated on
page 6 Hereof, as Taken from the improvement plans listed thereon
Dy mum ben The Developer shall also be responsible for construc-
tion of any transitions or other incidental work De yo nd tAe tract
bound ar tes as needed /or sat eLy and proper surface drainage.
Errors pr ommlis tons discover etl during constructin shall De
corrected upon She d5rec[ion of the City Engineer, 0.evised work
due to said Dlan modlf icationi shall De covered by the provisions
pf CASs agreement and secured by She surety covering the original
planned works.
8. Constr action permits shall De obta5ned by the
Developer from the of/ice of the City Engineer prior to star[ of
work; all regulations listed thereon shall be obs er vetl, with
atL ent ion given to safety procedures, control of dust, noise, ar
other nuisance to [he area, and to Dr oiler oat if ication of Dubifc
utilities and City Depart men[s. Failure to comply with tots
section shad be subject to Lhe penalties pr ovidetl there/ar,
9. The Developer shall De re iponsiDte Por removal of
all loose rocks end other de Dr is from pub11[ rights-of-way within
or adjoining said develp pm ent resulting from mark reletlre to
said development.
ID, York done within existing streets shall De
diligent ly pursued to compleH on; tAe City shall have the right •
to complete any and all work in the event of unJustif led delay in
completion, and to recover all cost and expense Incurred from the
Developer anO/or his contractor Dy any lawful means.
11, Safd De relop er ihail at all times tollowin9 dedica-
tion of the streets and easements in said subi0ivision, up to the
templet ion and acceptance of said York or Improvement by said
City Council, give good and ode guate warning to the traveling
public of each and every dangerous condition existent in said
street or easement, and will protect tAe traveling pu0l is /rom
such defect lve ar dangerous cand tt to ns.
Unt 11 the completion of all Improvements, herein incorporated on
Doge 6 to be performed, earn of Bald streets no[ accepted ai
improvements shalt De under the charge of said Developer, Said
Developer may close ell or a portion of any street subject to the
conditions contained in a temporary street closure permit, issued
by the City Engineer, whenever it Ii necessary to protect the
public during the construction of the Improvements herein agreed
to De made.
12, parkway trees re paired to be planted shall be
planted by the Developer alter other improvement work, grading
and cleanup has been campietee, planting shall be done as
provided by Dr dinance in accordance with the planting diagram
approved by the [Ity Community Development Director,
The Developer shall be responsible for maintaining ell trees
planted in goad health un[II LAe end o/ the guaranteed
malnte nonce per COd, or for one year after planting, whichever 1s
later.
13. The Developer is nsycn5ible for meet ing all condi-
tions esta Dlished by the City ru rsuant to the SubdlV lsfon
.2. •
/'~ / ~
l 7~
Map Ac[, Ltty Ordiances. and this agream ent for the de ve', of lent,
and Por the maintenance of all improvements constructed
thereunder until the improvement is accepted {or maintenance by
She City, and no improvement security provided herei nwith than
be released before such acceptance unless otherwise provided and
authorized Dy the City Council Of the City,
14. Thfs agreement shall not terminate until the
maf ntenance guarantee security herein of ter described has been
released by ih< C7ty, or until a new agreement together wish the
repaired improvement security Das been submitted t0 the City 6y a
successor to the herein named, and by resolution ai She City
Council same has been accepted, and this sgr Bement and the
improvement security therefor has beer releasetl.
15. The improvement security to be furnished by the
Developer with Shis agreement 4ha11 consist of the fotiawinq and
shall De in a form acceptable Dy the r,ity poor hey:
A. Tp secure faithful performance of [his agreement.
1, A bond ar Donds Dy one or more duly authorized
corporate sureties in the form and content
sp ecff led by Government [ode Section 66099,1.
2. An Improvement Security Instrument in the form
and content specified Oy the City Attorney.
3. A deDOSit w7th [he City of money or negotiable
6o nds 0f the kind approved for securing
deposits of public monies.
B. 70 secure laborers end mater ialmen:
1. A DonO Or bonds by one or more duly authorized
. corporate sureties in [he form an0 content
speciff ed by Government Code Section 66499.1.
2. An Improvement Security Instrument in the fofm
and content spec if ie0 by the Lify A[t orney.
3. A deposit with City of money or negotiable
bones of the kind approved for recur inq
C. A cash de0asit wf th Lhe City to guarantee payment
by the Developer to the engineer or surveyor whose
certificate appears upon the Final Map for the
setting o1 ail boundary, lot corner, and street
centerline monuments and Por faro ishin9 centerline
ti! notes t0 the City. The amount of the deposit
may De any amount c<rt ilie0 Dy the engineer or
surveyor as acceptable payment in full; or, if no
value is submitted, the rash bond shall De as shown
on the Construction and Band Estl mate contained
herein.
Said cash de DOSit may be re/unded as soon as pr oce•
du re permits after receipt Dy the City Of the
ce hterlin¢ ti¢ notes and wrltt en dit Yr deG! pf
payment in full from the engineer or surveyor,
D, the required Donds and the principal amounts
thereof are set forth on page 6 of thfs agreement.
16. the Developer warrants that the [mpr ov ements
Described in this agreement shall D¢ free from defects in
materials and workmanship. Any and all port ions 01 the impr~ve-
ments /ound to be dN ec U Ve within One ill year following Me
data on whfch the improvements are accepted by the L7ty shall be
repaired or replaced Oy Developer free of all charges to the
City, the Oev eloper shall furnfsA a maintenance guarantee
security in a sum equal to ten percent (107) of the construction
• •3-
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estimate Or 5200.00, whichever is greater, to secure the faithful
performance of Developer's obligations as described in this. para-
graph, The maintenance guarant<e security shall also secure the
faithful per Pormance by the Developer of any pblig at5on of the
Developer to do specified cork with respect to any parkway
maintenance assessment district. Once the improvements have been
accepted and a maintenance guarantee security has been accepted
by the Ci[y, the other improvement security described in this
agreement may be released provided that such release is otherwise
aura orized by the Su bdivisian Map Act and any applSCaDle City
Ordinance.
17. That the Developer shall take out and maintain such
publtc liabflity and property damage insurance ai shall pr ot<ct
him and any contractor or subcontractor performing work Covered
by this agreement from claims /or property damages which may
arise because of [he nature of the work ar from operations under
tMS agreement, whether such operations De by Aimse if or by any
contract Or or su0cont rector, or anyone directly or indir¢ctiy
employed by said persons, even Lhough such damages De not caused
by the negtigen <e of the Developer or any cmntr actor or
subcontractor or anyone employed by said persons. The puDllc
lfabi lity and property damage iniuran ce shall list [he City as
additan al fns ured and directly protect the City, its of/scars,
agents and employees, as well as the Developer, his contractors
and his subcontractors, and all insurance policies issued
hereunder shall so state. The minimum amounts of such insurance
shall b! as follows:
A. Contractor's liability insurance providing bodily
injury or death liability limits of not less the •
f 300,000 for each person and f1, 000,000 for each
ac cfden[ or accu rrenc e, and property damage liabfl•
i[y lfmits of not less than 5100,000 for each acci-
dent Or occurrence with an aggregate Limit of
t250,000 for cialms which may arfse from the opera-
tions pf the Developer in the performance of [he
work herein provided.
8. Automobile Ifebi l7 ty lnsuran ce covering all
vehicles used in the Derformance of this agreement
providing Dodily injury liabf city limits of not
less than 5200,000 for each person and 5700,000 for
each accident or otcurr ante, and property damage
1leollity limits of not less than 550,000 /Or each
accident or occurrence, with an aggregate of not
le5i than £100,000 which may arise /rom the oDera-
ttons of the Oere toper or Dis Contractor 1n
performing the work provided far herein,
18. TAai Def ore the ececution o/ this agreement, the
Developer shall file wfth the City a certificate or cart tficates
p/ incur once covering the spec tiled insurance. Each Such
certfficate shad Dear an enao rsem ant Drec iuding the
c ancetlations, or reduction in coverage of any potlcy evidences
Dy such certfficate, Def ore the ¢cpfration of thirty (00) days
after the City shall nave re <eived noti(icatfOn Dy re gf stared
mail Irom the insurance carrier,
As evfdence of understanding the prpvf slpn5 contained he re ln, and
of intent to comply with same, the Subdivider has submitted the
f oiloetng des crf oed impr ovemenc security, and has ofd iced his
signature hereto:
•
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iA ITNFUL PERFORMANCE
TYDe: - Principal Amount: fp120O,De
Name and address of surety: Po 6313
4.,.La, iLbe;
NAT ER IAL AND LABOR PATMENT
TYVe: tt
principal Amount: T431S SD.De
D<u d.prn I•c... n<c b.
Name and address of surety: fe as13
q..L... T:Ea3
CA SN OE POSIT NONUNE NT ATION
Type: Princf pal Amount:
Name and address of surely:
MAINTENANCE 6VApANT EE
Type: Princf pal Amount:
ryame and address of surety:
TO BE POSTED PRI00. TO ACCEPTANCE 8y THE CITY
[N NITNESS NE0.E DF, the parties hereto have causes these
presents to be duly executed and ack na.ledged wf th ali
• formalltles regulre
sf9natur es. d by law JNhthe dates aef Porth apposite their
4..Jd :. O•u,A
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P.wsdr.4.t ro.. w<.}
"
Vate
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y ,Lint
~- .-v,n,~-, ,Developer
igna[u re P• •Fr
d. alcy:-r .,.ye .,.I yriment~
n rated
/ J. F. ~•
a dc.d.Ta A•..
F, a.d<,F
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Date - ?i< by
'
,Oevelo~er 1•tc ¢..r.
Signature a. ~•s.•. • <
,.-,..r. , . T....r r.a.<..3y
rin[ed
Accepted:
City of Rancho Cucamonga,
California
A ryunt<ipat Corpora lian
By: Ma ypr
Attest:
L~ty C erk
ADDr oved;
OEVELOPEp'S SIGNATURE MUST BE NOTA0.I ZED
-S-
•
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LETY GF RANCHO CUCAIgXW
CORSTRIICTiOM EST11017E
FNCROALNNEIIi PFAXIT FEE SCHEDULE
For Improvement of: Archibald Avenue h Victoria Street
Date: ~/7/fl4 Computed Dy; M. enea
File Reference: City 0.g, Np.
ROTE: Goes rot ineiude CurtMt !K for
mn•5ting penit or pavaent deposits.
CONSTRUCTION COST ESTIMATE
ITEM UA UNIT UNIT COST S AMOUNT
P.C.C. Curb - 12" FF. -
P.[,C. Curb - d• C. i. 1,248 L. F, 7.25 9,048
P.C.C. Curb only 6" C.F. -
A.C. Bane (f200 min.) 15 L.F. 200
A" P.C.C. $Idewa lk 5,8:0 S. F. 1.75 IO.idS
6" Or the Approach
B• P.C.L. Cfoss butter 767 S. F. 3.40 2,608
$Veet Euavat ion - - - -
Ingorted Fntbankmm~t
Preparation of SuDgrade 36,430 5 F. .15 5,465
Quihed Aggregate Base (per in. thick )1e, 750 B.F.fb"1 .OZ 2,250
A.L. over 1700 tons) - - - -
A.C. 900 to 1700 tons)
A.C. (under 500 to 900 tons) 650 TONS 45.00 29,250
A.C. (under 500 tons) - - - - •
Patch A.C. (trencn~ - - - -
1• Chick A.C. Overlay - - - -
M)ust sewer mambo to to grade - - - -
AdJust sever clean out to grade - - - -
AOJust eater valves to gratle
$tr!<t Llghti 6 EA. 1500.00 9,000
Street Signs
Strret Trees 51 EA. 100.00 5,100
Parkway Landfcape and (rr ig anon
Toeal from bheec fiA fi,650
(Continued an Ne zC Shee C)
CONSTRU[TiON COST E79.756.00
CONTINGENCY CO5T5 7,97 6.00
TOTAL CONSTRUCTION 87,700.00
FAITHFUL PERFORMANCE SURETY (1005) 87,700.00
LABOR ANO MATERIAL SECUA tTY (50X) 43,850.00
ENGINEERING INSPECTION FEE 4,071.50
"RESTORATION/OEL INEATION CASH DFPOSiT 1,000.00
(REFUNDABLE)
MONUMENTAT ION SURETY (CASH) ?.750.00
'Pursuant tD City o/ Rancho Cucamonga Muntcipal Code, Tl qe E, UaDter 1.08,
adopting San Bemardim County Code Tlpes, Chapters 1-5, a ash
restora[lon/dell Hatton deposft sMli De made Drtor to IESUaM! of N
Esg sneering Constr^mctlon Perwlt.
-6- •
r~ t~
QTY OF RANCHO CL'C d?IONGd
CONSTRUCTION ES IZ MATE
ENCROACHMENT PERMIT FEE SC NEDULE
For Imp rovemenC of: Archibald Arenoc 8 Victoria SCreee
Daee: 2/J/R4 Com pueed by: M. Benesh
File Reference: _ City Uwg. No. _ A31 _ _
NOTES Does not inclode ca rrent Eee Eor
writing perm is or pavc:aenC deposits.
CONST RCCTI O,\' COST ESTI MATL
ITETI QPANT ITf L'%R L'N[T COST SA`IOL'NT
18" R.C.P. SCOtm Drain 92 L.F. 5 25 2,300
Catch Basin f1J~41 L F.A. 1,200 L,200
Local Depression l Ed. 500 500
Junceion Scruccure 1 EA. 2,500 2,500
Sidewalk Rarrtcade 6 L F. 25 L50
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TOTAL 5,550
~ i
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~~ BO`D ~: r,,: ',1Lt715
...E :I;:N 51.49].00
FAITHFUL PERFORMq NCE BOND
11H Ei:.L $, the LiIY L04nC11 pf the LiCy pf Adn ChC LuC dm Ongd,
$L 3L¢ pf Ldllf Crn l3, dnd a,\?CLi,YS-T]@,4n, 2^,Cn^ia1 nd[ic^r5htn
(here:ndf[er desi gnaGed alas"pr,nc'~pai"i heve ant=_reC into an
agre_nent whereby principal agrees to install antl complete
certain designer ¢d public improveae nts, which said agreement,
Aat=d 194 an] iaen tified as
pro; eail'~:F'-."~i _Tci is n=_reby ref erred to and
m age a part nereot;an0,
NME?EwS, said principal is re q:n red under the !erns of said
agre=men: to fur9lsh a bond for the fait hful performance of sal0
agreemen [.
NON, iHE9EFCAE, w¢ the principal and qE'; ELO~F?i :¢ :; ~E c0!n
a5 sates y, are held and firmly hound unto tde d~py~~of ~,•i an cop \\Y
C uc am pnga ;here+n of ter called "City"), in the penal sum of
Edch[v-Sever, Thcu .a nd Seven liuntlred 6 00 'I OU Dollars
'~' ~ 1 Idwful Ina pCy pf InC dnlte.] Sate 5, /pr tM1e Od ylnCn[
of which sum well and troly to be made, ~we bind cu rselv>s, our
heirs, successors, executers and aCminlsLrators, jointly antl
s ¢verally, firmly by these presents.
The condi Lion pf this obligation is such that if the above
bo pndQd prl nC lp dl, h15 Or ltt belts, p;^COtpf S, admin'stYdtOrs,
su<Cesscrs pr assigns, shall in alt things stand tc and abide by,
• and well and Vvly keep and pe rf ors the covenants, conAltipns and
prpvisipns in the Said agr eemen[ and any dl ter dttpn the reef made
as Sherein provldCd, on his o~ their part, to De kC pt and
p erf ormetl at the •;me and io tnC aannPr thCrdin specified, end in
all ru vests iccording tp Lnoir trap lot en: an] me an ,ng, and
Shall indurn"Y and t3vC hd •'^.;055 Lily. ILS pffiCCf S, agents dn0
EmpIJyCBS, a5 the •e:n 5C1pVldted, tM1^.n (h1i Ob~ig 3t~dn S11dII
become tall anA +oid; gthe anise, it Sdail De and r¢mair in full
force dnd effect.
~~- .. x. ti~;...vr '
k~;a"":'Y'~~a:.:• .:.:'Sa`t '~aY .,
As 3 pars gf the obligation secured "are by anA in adC ition to
[he Face mount spec)fied [nerefpr, there shall be inclvd nd costs
and reasonable expenses and fees, including reasonablC a[torne y's
fees, incur~r.tl Dy Lity in success/ally enf p-sing sash obligation,
all tp be faxed as casts and included to any jvd Brent rendered.
The surety hereby stfpolates and agrees Chet no change,
C x[P.n51pp Of tlmC, dlL¢rdLlcn pr ddA Stipp [p [F,e LEr115 Of the
a greeitQnt pr tp Lhe wprF tp CC pCrf prTel CM1CrepnA¢r pr the 50¢CI-
fiCatipns accompanying [he same shall in anywise affect its
obligati gns pn tiii5 bon A, and i[ do_s hereby waste na[ice of any
such rh cope, nxtCntiCn pf a ne, al Lerdtipn pr eAA'tipn tp the
tCrmt Jf thn ;ar¢~mCnt tp rho wmr'( p '. ;I the cpCClf iCa:tpnt.
1'. n'i't' ,. :rte tris ins: ^anee-. ras ^_en a.ilY execuLatl by
:hn p,..^:'n )lien~lrt urCtf aJ^vC n3mCd. '.)n -
,aT, De-dd J. D.dnU Had r.twl .. w•,J pa.J L '
/ ~1/)/'/ •f ~'=11t•T r.a •~e...f.1•^I'e rln.m~hf,n• p~r1`et`
ca'~T'i~ /,C/4/ t/~_:L~~ I)F.'~I.r; ml. n_i'i:-iS~,: ANY
l0 lp_ 1 ~ s$,Iretyl
CL,~tL
f. ,ee.~~:. 'n ilia rel
L" t !.. r.N.tyx c.p a.l d,ai Attor eY'i n-ra<:~-
Drd.Ta~f.•. ~ 0 gal Pa.l. ~f•P,~ la v:d .. ita n, ur.
PLEASE AT TgLN POKER OF ATT OA NET TO ALL BONDS
S IGHA iI1NES yi151 qE NOTAq IZEO
e,~
LABDR AND MATERIAL MEN BONG
DOND ND.: ]101]15
PREMIUM INC 4UDED
•
WNE0. EA$, the City Council of tAe City of Rancho Cucamonga,
State of California, antl E~RC•w=-Teas A.. a oencra
(hereto of ter designated as "Dr;nc+pa ,° Aave entered +nto an
ogreement wher eDy principal agrees to install and complete
certain desi?noted public inprpvements, which said agreement,
dated I98 and identified
as project Tr. 1:32^.1 S 3P]9 +s hereby referred tp and made
a Dart hereofof; a~-
NHEREAS, under the Lerms of said agreement, principal is
repu tree before entering upon the performance of the work, to
file a good and sufficient payme r,t Sond with the C!ty of Rancho
Cvc amDnga [p secure tAe claims [e wnich reference is made in
if tie IS (commencing with Section 3082) of Part 4 of Division 3
of the Civil [ode of the Slate of [al ifornf a.
N041, THEREFORE, said principal and the undersigned as a
corporate surety, are held firmly pound unto the City of poncho
Cucamonga and all contractors, subcontractors, laborers,
materialmen and other perSanT emplo ied in the performance of the
aforesaid agreement and referred to in tAe afores ofd [ode of
Livit Procedure in the sum of Forty_Thr a TF d °ifty
Dollars (f 43.250.n~, for ma[pr;als furnrshed or labor thereon of~
any kind, or for amounts due under [he UnemplDym en[ Insurance Ac[
with respect to such work or laDD r, that said surety will pay the
same in an amount not exceeding the amount hereinabove set forth,
and also in case suit is Draught upon this hood will pay in
dddltlpn SO the fdCp dmOUni LAPrP Of, CO T[S dnd rQdT OndDlp
expep TlS dpd fees, including reasonable d[LOrpQy'S tops, 1p CDYr¢d
by City in suu essf ally enforcing such obligation, to De awarded •
and fired by Ue court, and [o he [axed as colts and [o be
included in the jutlgment tAerein rendered.
If is hereby ^xpressly stipulated and acre ed Coat this bond
shall inure [o the De nef it of any and all persons, companies and
corporations soft [led to file claims under Ti tlo 15 (carom encing
with Section 7032) of Part 4 of Divison 3 of tAe'T1Vti Code, so
as [p give a right o/ action [o [hem ar [ne it asTi3nT in any Suit
Drought upon this bond.
"''' Should [he condition of this Dana be fully performed, then
,jY •'~~," Cols pDligation shall become null and void, othprw ise it shall be
'•"(a. and remain in full force one effect.
-''~ .4
{•Y,,"~~' TAe surety hereby stipulates and agrees that m change,
','~ey;~' extension D/ Ciro?, alteration or adeitlon [o the terms of said
,d agreement or the specff icatiDns accompanying the same Shall in
'~9r¢~' any manner affect its obligations on this bond, and it daps here-
, 7;v rn,'~ ~ by wafve notice of any such change, pxt=nsi on, alter atf on or
•.+•+ deeie;on.
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IN 'd ITNE<.S 'dN EAEOF, this instrunen[ has been Auly precut ea by
the prinC+p al anA surety dbovp nametl, on °nhrparv 2
199 9.: -
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8..daa.le r.e 1•~. ,~( w.~,..iA.p
,'/~~.'!~/~li~J/iDpvplop 'r1 '~S'~"'L-~L`=~1.-+.Ouvi'ANY
~d ~ ' q ~~c.~.+. 8 1SUrpty
~ ~_ ~__
R.rot f. .' J+n~ + natu rpl Alto me y_t n-Fact
~` T• ^" w•+k °•••1~,•,4 (.. Davltl r, RanEer, •
/,. l..r •a E.•el .f•
•M ..~+. L.,..J t..6.rak.p
PLEASE AT TALII POKER DF pTiDR NET t0 plL NDMDS
SIGNA iIIR ES NUS7 BE NDTAR IZED
my
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SUBOI VISION
GUARANTEE NO PER FORMPXCE
(SETTING OF FINAL MONUMENTS)
City Lound it
City of Rancho Crt amgnga
P. 0. Sox 307
Rancho Cucamonga, Calff ornia 91710
Gentlemen
Pursuant to Chapter a, Ar[ic le 9, Section 66497 of the Government
[ode, the undersigned hereby agrees that all monuments shorn on
the final map of Tract No. 123'0 are to be set
and furnished by the su tv~der's engineer or surveyor on pr
Uef ore Janua rv L 1935 as specified in the
Engineer's or urveyor~s Lerti :cote ate-agrees to furnish the
notes thereon to complete all engineering requirements specified
in Section 66497, of the Government Code.
The undersigned hands you herewith the sum of 5 2.750.00
as a cash depos+t, Said deposit to guarantee Coat the monuments
rill be set antl the notes furnished as above provided on or
before the date spec if ietl and that the engineer or surveyor rill
be paid by the undersigned.
it is further understood and agreed that in the event the
undersigned fails to complete the above requf rem en is rithin the
time specified, the City of Rancho Cucamonga is authorized to
complete said requirements or cause them to be completed and the
cost thereof is to be a charge against said cash deposit, and the
City of fiancho Cucamonga is authorized to make the necessary
transfer from saitl cash deposit to the credit for the proper city
fund.
It is further agreed that if the undersigned goes not present
evidence to the City Council that he has paid the engineer Or
surveyor for the setting of [he f1na1 monuments, antl if the
engineer ar surveyor gives the notices prescribed in Section
66197 of the Government Code, the City shall pay to said engineer
or surveyor, the cash deposit herein made.
If the cost of cnmple Ling saitl requirements exceeds the amount of
the cash deposit, the undersigned agrees to pay the difference
ri Lhin [hi r[y (30) days after receiving mitten statement from
the City of Aancho Cucamonga specifying the amount of the
difference be[reen the cash deposit and the actual cost of said
requirements,
f,ordially,
Ra rclnv~-Te rta Subdivider
_ linj East Sevente ench St., SUi to 2L5 pdtlress
coos Ann C,1. 92701
Date !/p /r',
The deag5i ter of record (for return of any ppr[i On of the cash
depo si [) shall be
N.a r!nva-Tc rrn 5ff ANDVC
H ame) ~~pddre ss
NOTE: TO BE SUBMITTED FVL LT fILIED OUT ANO SIGNED
r n 0
R
~
~`V
CITY OF RANCHO CUCAMONGA
IMPROVEMENT AGREEMENT
FOR
Tract n I^330--CM Sire Imp rovemen[
K:{0'J Al,t Y,EN BY THESE PRESENTS: That this agreement is
made and entered into, in conformance with the prp visions of [he
Subdivision 'sap Aci of the State of California, and of the
applicaSle Ordinances of the City of Rancho Cucamonga,
California, a municipal corporation, by and be bween said City,
hereinafter referred ;¢ as the Ci tv, antl start\Y=/Tr a a rraren
~hereina: ter referrep :n az Me
eve wDer~
NITM1'ESSE7H:
THAI, 'dNEREAS, said Oevelpper tlesi res to develop certaiT
real property in sartl City as shown on the conditionally ao prove!
subdivision known as irac[ ,. V320 __ and
uxEREas, sale City has establishetl ce rt sin reRVireaen L'
to be me[ by sa~E Oe veloper ax prere pui st to Lp approval of said
subdivision g¢ner ally locatetl at S~Zner of vte mria St. and
lG 1a-_a~se
NO'a, THEREFORE, it is hereby agr¢¢d by sail City and by
said Developer as fol lpw s:
1. The Deve lp per hereby agre¢s to construct at
OevelOper~s eapense all improvements descr,bed on ?aq¢ 6 here-
• of within twelve months from the effe ct~ve ddt_ hereo/,
2. This agreement shall he ¢ffe ct, ve nn [ne date of [he
re5ol otinn of [h¢ Council of said ~i:y approving this
agrce~ent, this agreement Shall be in ¢^`aui[ un :ne day follow-
ing the firs[ anniversary dace of said approval andess an eeten-
sion of tin_ has been gra n[¢d Dy said C+ty as h¢re',nafter provid-
ed.
3, the Deve leper may rea'v est an evt ^n;i on of time to
¢n R,plCt¢ ih? [^. rTS F¢repf. $OCh renVCSt shall b¢ SV ttml[t ed tp
the City in writing not 1e 55 than 30 day; hef pre the eepiratipn
date hereof, and shalt contain a s[aten ent pf circumstances
necessitating the extension of time. the Ci;y shall have the
riyh[ to re vtew the provisions of tM1ix apreemen[, including the
construction standards, cosi e5tima[=, and imprp v¢m en4 security,
and to roquire ad,7 ustm ents lh erein ~f any Subs :anti a! change hat
occurred don ng the term hernoi.
4. If the pevelooer `ails cr n¢q;ec is to comply with
[he provisions of this agrP¢„¢n[, tho Ci ;y shall have tAe right
a; any tine to cao;e said provisions tp be net by any lawful
means, and the r¢uppn rec0 i5r Trcm the Jev¢Inper and/Er his Su reQy
(h¢ frill c9$[ rind P. Xp Cn S¢ inCV rrQd.
E, veloper shall provide mgtereA water service to
a: r,n lot e` ;aF;~d ~a;~^vt to J''en: in ar.wr"anre .nth ih? requldtio nx,
xrh.-l, La, mU v¢¢s of the Luc aaonga :aunty '.+ater Dsst n<t.
6 , th.e ^evelppr~ spell be resod r.s iS i•, for replaEe cent,
relpca[ion , nr removal of any component of any rrigali on water
~
systeT. ~n to nf:ic[ with r.nn ztruc:i nn pf repo red iaprovem pn t5 LO
the son :f dct'~on of the Lily Fng~neer and the own or of such water
51st¢n.
I
n~
/~~ Il lC is dnd (r,T/InE, D
], Imp rovenents requir_d to be canstructetl shall
conform to the Standard pr reings and Standard Spec if iaatiDns of
the City, and to the Im provCaent Plan approved by and Dn file in
the office of [he City Engineer. Said imprp veme nts are tabulated
on the CDnstr ucti on and Bond Es[ima;e, hereby incorporated on
page b hereof, as taken from 4he imp rDVE Vent plans listed [hereon
by number, The peveloD er shall also be respD nsi D'.e for construc-
tion of any transi :ions or other inci da ntal Work beyond the tract
boundaries as needed for safety one proper sort ace Erainage.
Er ron or omm+isions discpve red du ricg cans truc:in shall be
corrected upon the direc :;on Df the City Engineer, Revised work
due to said plan nod ifications shall be coveree .y the provisions
of this agreement and secured by the surety cove nny the original
planned works.
8. Construction permits shall be DDt aimed Dy the
p ev ClDper from the office pf [he ii [y E^ginter Dr~, Dr tD start of
work; all re g!'lattons listetl Cherecn ;hall be aSse rued, wits
dt:20t ion glv^n LD sdfC ty pf OC¢dur¢s, c :r91 9f dJSt, nO 15P, Or
other nui zan ce tD the area, and to prepe~ notif+ca[iDn of public
vii titles and Lity Departments. Failure (p omply with [his
section shall be subject to the penalties pro v,d¢d the relDr.
9. The pevelo per shall be re soDns~Dle for removal of
alt loose rocks and other debris irDm public ri g'n ts-o/-nay within
or adj Dinin3 said development resulting tro.a Work ref alive tD
saitl development,
10. Mork done vithin ea,s:~~n4 s:'^ets shall be
diligently pursued [o com Dl etion; the LYy shall nave the right
to conpl¢Te any and all worN to the evCn[ Df un; ossified deldy in
cDipletlpD, and t0 recover dll EOSL ant esae^.s? 'n[u rr ed fron Lh2
pCVe toper and/Dr his con trod for Sy any lzwfvl me zns.
:1. Said Dev=leper shall at all ti^,es fallosing tledica-
T1Dn OT Lhe Strep:5 d0d CASE ^len is In 51tC s'+bl E,vislpn, OD Tn L!IP
<Dmpl=Lion and acceptance o` said wo~'< x ~,.-gyp rovement Dy said
Litt LeUnCll, give DDOtl ,nd ode c~.~a t.d waning tp th¢ Traveling
Dv 51 is of each and evCry damn zrDUS cDnc~[i on =ri;te n[ fn saitl
s [reef ar Casement, and u~ll protest the .^aveling public from
such defective Dr tlangero us can ditiDn s.
^ntil Me co.npleti on o/ a17 imprDVenCnts, hC^e~n incorporated on
PaJ^ 6 t0 De pPriC rmC d, edcn 9f Sa'd 5Tr^'I5 n0[ a<Cep:ed d5
impr DV einen[s shall De under the charge e( ;sad Developer. Said
CevC lopar may ctosa all or a pD rtiDn of any StreEt subject to the
cDnd,;i0ns contained in a temDO rary sheet closur¢ permit, iss ve0
by the City Engineer, whenever it is necessary to Dro sect the
DDY is during the cans;r uc:ion of the lmprov ^nen is herein agreed
to be madC,
12. Parkway ireCS rega,^^d r planted Shall De
plan;^.d ",Y Che 7^.v El oJer after pthar i'roro~: e~+C^t work, grading
dnd •;n dG nd; E^~ COnpl meted. Pldna n0 small he dnnC ds
pro n-^d Sy ;r lvn+n ce in a<cDr]ance nth ;hC plant roe diagram
aapr o:..• h~ ;n- Li:Y LJ-i^untTy pCVe100^en: Ti'nC:Y.
.~lnpe^ shall be wSCans~Ele IDr -a~~t a'~r ng all Vees
an ;- gyld hCalTn n[~I ;h¢ ep] ne 9u ran [fed
an:^n dn:P GP^'9d, Of (ur DnC }'Car df ;Cr p :nt'~n], nrylt'IC VCr iS
13 ;ef,
13. the pevr.IDa¢r is resDOns •~h L^ `nr -..et~nn alt condl-
tlDns ^s;abl lshnd by the Llty pU rSJdn[ t0 Ine >uDE1v1510n •
-J
~~
n4
Map Act, CICy Or dianc es, one this ogreemen2 for the development,
and for the maf n[enance oI all imps vements constructed
thereunder until the improvement is accepted for mainterta nee by
the City, antl no improvement security Drp vi ded her ei nwith shall
De released before such acceptance unless otherwise provided and
authorized by the City Council of the hty.
14, This agreement snail not terminate until the
maintenance guarantee Security hereinafter described haz been
released by the City, of until a new agreement tpq¢ther wf th the
required improvement security haz been submitted to the Lity by a
successor tp the hereto named, antl Dy resolutiep of the City
Council same not been accepted, and this agreement and the
improvement security therefor has been released.
16. The improvement security to De furnished by the
Gevelooer with this agreement shalt consist of the fallowing and
zh all be in a form acceptable by the City Atiorna y:
A. io secure faithful performance of [his agr ee meni.
1. A bond ar bonds by one or more duly authorized
[Orpora[C Tur Ptfei in ih¢ form dnd COnLan2
spec tfied by Govern meni Code Sectf an 66499.1,
2. Pn ImDrpvem ent Security Instrument in the farm
and content spec died by the City qtt orney.
3. A deposit with the Ltty al money or negot table
ponds of the kind approved for Securing
de p0aita Of publ i[ moose i.
B. To Secure laborers and maters almen:
L A bond or bands by one or more duly au [ho rued
• Cprpprdte SUf BtieS in the farm dad content
specified by Government Code Section 66499.1.
2. An ImDrovem ent Securfty Instrument in the form
and content Specified by [he Cfty Attorney,
3, A deposit with City of money or negotiable
bonds of the kind apprgv Cd for securing
C. A cash deposit with the City [o guarantee payment
by the Developer to the engineer or ivrv eypr whose
Geri ilicate appears upon the Final Map for the
selling of a71 boundary, 102 corner, and street
centerline monuments antl /or furnishing centerline
tie notes to the Cit Y~ The amount o/ the deposit
may De any amount certified by the engineer or
surveyor as a<ceptab le payment in full; or, if no
value is submitted, the cath bond ih all be as shown
on ehe Construction and 3o nd Estimate contained
herein.
Safd cash deposit may be refunded as soon as proce-
dure permits after receipt by the City of the
Cent Pfllne [I¢ nO tES dnd wrl lien dSSUfdnCe Of
Daym ent in full from the engineer or surveyor.
D. The required bonds dnd the principal amounts
thereat are set forth on page 6 of this agreement.
16. the Developer warrants that [he imprpvem ents
descn DMA fn this agreom ent sh ail be freq fro,a defects in
r,.aten ass and workmanship. Any and all portions of the imprDVe-
ments found to be defective within one (i) year following the
data on which Ue imprDVOments arg acceo[ed by the Li ty mall De
repaired or r=placed by Geveloper !r¢e pf all char q¢s to lhG
City. The Ge veloper shalt furnish a maintenance 9u arante¢
s¢cun t; In a sum aqua) [o ten percent (lGS) of the cons truR ton
_ .d
~~
estimate or f200.00, whichever is greater, to secure the faithful
performance of Developer's obi igatipns a5 described in this para-
graph." The maintenance guarantee security shall also secure the
faithful performance by the Gevelaper of any obligation of the
Developer to do specified work with respect to any parkway
maintenance assessment dis tric L Once the improvements have been
accepted and a maintenance guarantee security nos been act eptetl
by the City, the other improvement security described fn this
agreement may be released provided that such release is otherwise
authorized by the Su bdfvisi0n Map Act and any applicable Cify
Ordinance.
l7. ih a[ the Developer shall take out and maintain such
pu Alit liability and property damage fnsuran ce as shall protect
him and any contractor or subcontract or pert nrming work covered
by this agreement tram claims far property damages which may
an se because pf the nature of fhe work ar /rom operations under
this agreement, whech er such operations be by himself or 6y a0y
contractor or subcontractor, or anyone directly or ind irec[ty
employed by said persons, even though such damapes be not caused
by the negiigence a( the Developer or any contractor or
subcontractor or enyone employed by said persons. TM1e public
liability and property damage insurance shall list the City d3
additonal insured and directly protect the City, its otffcers,
agents end employees, as well ds the Developer, his con[rae tars
end his subcontractors, and all insurance policies issued
hereunder shall so state. Th¢ minimum amounts of such insurance
shalt be as follows:
A. Contractor's lfability insur once proof ding bodily •
injury ar death lia OiliLy lfmi is of not less [ha
f 300, 000 tar each person and 51,000,000 for each
ac<ide nt or Occurrence, and property damage i[abit-
i[y limits of nut less than f100,000 Far each acci-
dent or occurrence with an aggregate limit of
5250,000 far claims which may arise /rom the opera-
tions Of the Developer in the performance of the
work herein provided.
8. Au tomo bf le liability insurance covering all
vehicles used in the Performance of this agreement
providing bodily Injury !tabs! sty limits of not
less than L200, 000 (or each Oers on and f300.000 (Or
each act !dent or o<c urrence, and property Damage
liability limits a( not less than ff0, 000 IOr Bath
accident or occurrence, with an aggregate of hat
less than 3100,000 which may arise from the opera-
tions of the Oeve toper Or his Contractor in
performing fhe work proof tle0 for herein.
19, That before fhe execution of Lhis agreement, the
Developer shall (ft! with the City a cer[if ica to or cert if !cotes
01 insurance covering the specified insur ant^. Each such
c Crtifftate 5hai1 bear an endorsement pre<l~ding the
cancellations, or reduction In coverage a/ any policy evidences
by su cn cert+f lcato, before [nC expiration 01 thirty (30) days
aR er the City tha n have received nptif station by registered
rail fro,, th! insuren ce carrier.
A5 eviCCnc r. pf understanding the pr ovisipn5 contained herein, and
of intent Sp [amply with sdme, fhe Subdivider has submf tied the
following described improvement seta rtty, and has affixed MS
signature here [a:
-e. •
8 ~-
FAITHFUL PE0.F'ORMANLE
Type: .pn Site Only Principal Amount: 88,726.90
Name and addre 55 Of surety; OICO OfaUEWPtAS INS CD
333 Hilshire gnaheim, G 92801
MATERIAL ANO LRBOR PAYMENT
Type: Principal AmOUnt: 44,363.00
Name and address of surety:
CASH DEPDSIT MONUME NTA7IOx
Type: Principal daau nt:
N xme and address of surety:
MAINT ENgN[E GUARANTEE
Type: Principal A,ao unt:
Name and address of surety:
TO BE POSTED PRIOR TO A[CEPiANCE BT THE CITY
•
IN NITNE SS HEREOF, the pars ies hereto have caused these
presents to be duly executed and ac An orrledged btih all
formalities required by la. the t~~558d~~~...a tes set Por[p opposite their
paiea [ures~~ by ~~~9, ~ A GEyLR.4L P1RT\EDev e7 oiler
i ~O
,L~N4~ n J, 1lN/i, r
n nYed
/y /'~ ~~t~iC6~,
Date /.' iE ~ by 1 '~,De velap er
igna dire
d ~ ~/>l,~%rif
Pn nted
Acce pi ed;
City of Rancho Cucamonga,
[all Pornia
A Municipal Carpor anon
BY: ____.__-_~_.._____~ MaYpr
ALLpSt; _ __ _ __ _
,; i r.y ;jerk
J 7
~T
DEVELOPER'S SIG,YATURE MUST flE HOiAAl1 EO
•S-
J
CITY OF RANCHO CUCAMOMGA
CONSTRUCTION ESTIMATE
ENCROACHMENT PERMIT FEE SCHEDULE
For improvement of: anei a sc reec i ovemm[s-ont
Date: Compute Dy:
File 0.eference; City Ovg. No.
NOTE: Goes not include current fee for
vritin9 permit or paveaent deposits.
CONSTAUCTION C05T ESTINATE
ITEM U N Y uNIT uNR COST S FMOJNT
P.C.C. Curb - 12" C.F.
P.[.C. Curb - 8" c.F.
P.C.[. Curb only 6" C.F,
A.C. Berm (5200 mina
a+ P.C.C. Sideva lk
6' Drive A.Pprpacn
B^ P.C.C. Crass Gutter
Street Excavation
Imported Embankment SEE A1T.\LHEO lSTP.UiE of LOttS
Preparation of Subgratle
Crushed aggregate Base (per in. thick)
A.C. (over 1300 Cans)
A.L. (9pD to 1300 tons)
A.C. (under 500 to 900 tons)
A.C. (under 500 tons) •
batch A.C, (trench)
1• thf ck A.C. Overlay
Adjust sever manhole to grade
Adjust sever [lean out t0 gra tle
Adjust eater valves [p grade
Street Lights
Street Sfgns
Street Trees
Parkvay Landscape and Irrigation
CONSTRU[T10N COST
CONTIYGENCY COSTS
TOTAL CONSTRUCTION
FAITHFUL PERFOANANCE SURETY (100X) Re, ]E6.O0
LABDA Aqp MATERIAL SECURITY (50%) 44, 361. nD
ENG IN EERINO IN SDECTi00 FEE d,ll].fi]
•PE Si OR AT IO;i /OEL RlEF1ION CASH DEPOSIT
(A EFUNOABLE)
NOnUREM1TATION SURETY (CASH)
•PUrw ant to Lity o/ Rancho Cucamonga Municipal Code, Til le 1, Chapter 1.08,
atloDlin9 San Bernardino County Lode Titles, Chapters 1-S, a cash
restoration/d¢lineetion deposit shall be made prior to istuance of an
Eny ineering [onitructlon permit. •
-6-
~Y
SA:<T P4IOR d @)20
~CSTtOV~p r m --
efLL ha lA
CIPi OJ ?v~;;C40 CL U.MO::fq
G;C CIZE 3IY.L Ori'i510Y.
EE :1`:\iE Oi' COST
(6-Bl)
DEVELOPER Ba rc lays/terra
APPRnvCO B1' 1NSPECTIOY fEE $_~_I V,67
~ ~ C.B LL IOR RO\D OF L.
CO':T IiiOE:iE IEE T010', BO.fic
TOTAL 8.066 1
`NOE Rv 0-n ---•
prnv nn. ;o-ooo
ea:~uf: sl,als.ao •
ral-rrt't. ream ae'cE zc:, r.
4•15RID5, <ha City Council Of ChC City OC na nchA CuCar.O nqa,
S Lace of Ca lafvrnia, and 9~YS~ItR41 A General 2a.-tershiv
lhecci ra Eanr de sigma ced us "Pn ncvFal"1 hav0 ence: cd :ntv an
a~xc o.^~ent ahe re by print ip23 ae rees to install and ecr..?:c :e cer-
Ca1n desvg natetl public imp: ovemenes, ^h:Ch said ayreer^_nt,
dated 1~_,, anL identified as
vco;cc` 1Yatt
vs UcceUy refe r: ed to end race a part herev!; ace,
F: hiE E C,15, said principal is re?uirM_ end e: tic Letts c` said
aq recr.ent [o furnish a bond Eor the favchECi ,_; fo;rance e! sail
a9 rcem c;a,
::O:J, TIICRELD'_, 4e the Principal and Ct`.FLL.'?lS t~Ad+A^IVE CCdP:dY
as sere':, axe ..^.e 1L an
[a a.L[ v0 and unto the Cvcy o ttA nc no coca-,Omen (he reanaE ter called
"4v ry"I, in ttlc p2 na3 sum of Eishty i [ thousartl Snten Hv:dmt'Renn__
c'x alld no/i00----~-------'ti to 33ar5 t$gg~is nn _J 1d J:U_
money o: chc fnvtW Sta ce s, Eor chc FaY'ent oc ' nv c:, sun we 11 ant
tru U' to be made, we bind nurse lees, v belts, surce zso rs, execu-
cvrs nntl adminisL-axa, jointly a.... snug rally, f: rm1_: t, `,v se
P:BSents. .,. • •
:h~c copdi;ic r. of this cblivation a such c.;at a as ve
boc n.'.ed prim pal, his or ixs >:e cu tv;s, adr ent=•:a:e rs,
SVCCnS5o:5 '1C a5514n5, 5(la l} ln`ali Ch:nCS sta:,tl .'.' t.':::a
bY, and yell am: truly keep and va: fo r>. n co'nr_:;~, - _
tvecs and pmvisio rs :n eke said~ar:cer2nt aed e c,-aa^_-
t hcreo! nee us there:r, prvvlded, on ha oc - _ ._ ,*,2
kept a d ;crformetl at ;!:e Linn and 1n :he rsv--- -- -. sFee-
ifictl,,m:Z in nll respects aavrtl vnr. m t::nr - and
sea: u::n, and shatl vnde mm Ey and save h. -less C s officers,
2 ions 2nd employees, cs therein s::FU:c:^.^ cblicativa
s!:;;'i ixeno moll a::d '.e._; c:". -s n. .. - _._ .. .. _ .e-..a is
Ps a Part of the ahliea ucn srr::M F^: eb': and i.^. ar.di Lion
`o the face amvune apeci!ied -, - - --- _ -- _
-
,
COSC Ana rea soon ble EYp2.^.SCS 2C1
`803, .-~lcdtc^ :eda0C2a:2
at-
at,torrey's fees, into r: ed 57 Ccy a a.: _-°ay e..^.!c:rcc svc*.
~v
ob:c4a::On, x11 to Se ;axe,: as cos t~ a;
: e_icze: 1.^. u i ludy^^rea;
render ec.
The surety hcrebp stipvla :es and a~rezs 6S.t nc c ,=e,
cx-
tcns:c': c: eime, alte:aeon Or nddvcinn ;o :Ec t
~
~
p
--'- __,_ _ a9r c~-,:nt or to the M'o r'r, to be re: former t.`,e rou,%er
c r
• e
spee-
~
'-rs .,. n- lfll'.: ;:Oili Af.COl:nnan Y:f:7 t:1C S:l i^. r. i:,tli i:l i "C1 rr .l: `e :,;
:C9
~
,
a
='. -s on L. Y.as bon', and a dcrs ho:~hy
•-u':n - any
u
' .
^
clml
..'.ICI ::^. d]a:
rc. c.rt onsl nn of cL-.c. al:n:,. v c: a vn .c Gh:y
C!`riii: O. ihC al~COe^C:l ;. Or CO L:'. (' :a. ~. C . ..: .... .....:v C:O}s.
,: .:I
$5
uu _- -n- du; .u LOa
l
l
iq Li:~
ncv
pa l
l
.v
nd .qty a: ,., s~ M:
-
_
19 8]
- /
EAIdIi+tf:•: TPFA:V~G lc rll Iar4J/n. hhvp !:~:]I,C'iL ::StA:i:C CiS4h~y
lJ' a"~ ~~
n: 1~~...!..p
:• ';M ~
,
~
)
1 iltfCtney-An-.att
1~
N J
~
".:fe
q\
+
.
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1
~
HOhD :.0. 101000-A
\ PaF?1SL?L 1CU.DED
•
L\3OR el^D :!4^. CR I:~L:T:I pC;:D
WtIERE,IS, the City Council of the City of Rancho Cucamonga,
State of California, and SJiCLlYS/TERPA. A Gneral Partne[Sh is
(hereinafter designated as "pr nci pal ave ante red into an
agreement whe zeby principal agrees co install and complete cer-
tain designated public improvements, which said ag re event,
da cad , 19 and iden ti .'ied as pro-
ject '[lace 1Y 3P0
is hereby reEe rretl co and made a pare hereof; and, ~
~ WHERE ASr under the [eras of said agreement, principal is re-
quired be EOre entering upon the ve rEOraance of the work, to file
a good and sufficient payment bond with the City of Rancho Cuca-
monga to secure the claims Go which reEere nee is made in Title 15
fco .rend nq with Section 308.E of Pa rc 4 of D.vision 3 of the
Civil Code of the S[a cc of California.
NOW, THEREFORE, said principal antl the undersigned as a
torpo za ce surety, are he16 firmly bound unto the City of Rancho
Cucamonga and all contractors, wbcon trac tors, labo rezs, material-
men and other persons employed in the perEo rmance of the afor¢sa id
agreement and referred to in [hc aforesaid Codo of Civil Procedure
in the sum of Forty Four gtwiccaM Zhre¢ Hlr:ditd Six 'Rlrce aM nn/100
------- __UOllazs l en.Ip t nn~ foi na terrala
• urni shed or labor thereon of any kind, or for amounts due under
the Dnemployaent Znsu ranee Act with respect t
o such work oc labor,
chat said su: ety will pay the vane fir. an anaunt not ex ceedi r.g the
ana:mt hereiaabove sec forth, and also in case suit is b:ocghc
unto this bond wi1L pay in addition co the Eace anoun: [hereoL
ccsis antl reasonable expenses and fees, fine led:ne reasonable at-
torney's fees, incur: ed by Uty in su<ces sf u!1y enf pr r. nn such
ob Lca tECn, [o be awarded and :fixed by :'•,~ rov:[, and to ~be [axed
- as costs and cp be included in Hte Iudg r.=nt c..e rein :code: ed.
it is hereby expressly sGipa laced ar.d agreed that ibis bond
shall iru re ca the to nc Eic of any aad all persons, companies, and
corpora tiops anti tlea co Eile clair.s under Title 15 (commencing
with section ]031) of Part 4 of Civ is ten ] of c".e civil Code
so
,
as to Sire a right of action :o then or cbe is assigns in any suit
brought u
on thi
p
s bond.
Should the co nd iiipn of this band b_ fully pe:fe ra,ed
Lhen
,
this phlica [ion sha 11 become nu 11 and void, oGh=: wise it shall be
and remain in full force and eE,'ec [.
The surety hereby etipu In trs and a -c _s that no change
ex-
)
^
,
tension of time, alteration or addition
to
che tens of said
a rr^nne nt oc the specifications ac cpmpan'/inv the sane shall in
any canner affect its obli
ations on this band, and it does her¢-
by wn five no i
g
vice o[ any sac.`. cHn nae, extension, aL•eracion or ad-
dition.
I;. WtTDF..^,5 tii!i.I C^i, its ins[r•:cen[ his bnen '• 1}• executed
b''
'SI
/
C pCinClpal and S:ICCty vIJOVC liamfd, On D~nx-'I I$th
9l
19
I
' •~'l .; ~ DAPCIitIH,^.ro:PPA, \ O:ncrul ParGx•rship DtlT.faFF.PE tH50IL1VCF tTt~G+NJy
-
a~1~V r A"de^:" ~ David L'. 11.V1Ee[, ~
•
Attorney-in-face
7
n
u
CITT OF RANCHO CDCA MONGA
IMP0.0YENENT AGO EEMENi
F00.
Tract M III2D--lbdf to tmpravemenc
ItNON Alt MEN BY THESE PRESENTS: That this agreement is
mdde dnd entered IetO, fn [nn(Drmdnt! wltll [Ile DrDV151 on5 of the
Subdivision Map Rdt df the Slate of California, and of the
appli<abte Ordinances of the City of Rancho Cucamonga,
California, a municipal corporation, by and between said C[ty,
hereinafter referred to as the City, and a an + U a a rvcnv
hereinafter referred to ai She
eve over,
NITNE SSET H:
THAT, NNEREAS, said Developer desires [o A.evetop certain
real property in said City as shown on the conditionally approve]
subs ivisi on known as Trace 6 1D]40 and
NNEREAS, said City has est abtishetl cert din requirements
to be m!L by sbld OBVelOper a5 prer2Guisi[2 [p dpOrOV aI 0/ 5did
Subdivision gen¢r al iy local ea at sE cm rner eC Vtc tarts 5[. and
Arch ib lA Avon e
NON, tNEREFOR E, it fi hereby agreed by said City and by
said Developer as (dhows:
1. The Developer hereby agrees to construct at
Developer's expense all improvements descrfbetl on gage fi h¢re-
• df within twelve months from the effective tlate hereof.
2. This agreement Shall be cif et[~ve on the date of the
r esp!ution of the Council o/ said City aDpr oving this
agreement. This agreem <n[ Shall be in default on [no day follow-
ing the firs[ anniversary date of said approval unless an lxLen-
sion of time has been granted by said City as Heretnaf ter provfd-
ea.
3. The Developer may request an ext enslon of [tme [o
complete [he terms hereof. Such request shall be subml tted to
the Lity in writing not less [Nan 30 days before the eapir a6ion
dale hereof, and shall <D nt stn a statement pf cf ream Stancef
ne<essita[ing the extension of time. Th¢ City shall have the
right to rev .ew the prgvis Tens o/ this agreement, including the
construction sf and artls, cost estimate, and improvement security,
and to require adjustments therein if any suasion tial change has
occurred during the term hereof.
d, If the Developer fails or neglxcts to comply with
the provisions of this ogre em en [, the City shall have the r5ght
at any time to cause said provisions [p be met by any lawful
means, dnd thereupon recover from the Developer and/qr his surety
the full Lott and expense incurred,
5. Tho Developer Shdll Dr dv ide mCLer Cd wdtlf f2rV1Ce t0
pdth 10t of :old CC VP1dpT P.nt in d[Cdrd do Ce wlLh th2 refVldtl dnS,
SCn.: del ley, And fees of [ne LuC Am Ongd COllnty ~ad(P.r DlsLrlf t.
6. the Oeveld per Shall be responsible for replacxment,
relpcdtidn, or removal df any component of any irrigation water
system in cpn/lit[ with cons[r uc tipn of reUUir¢tl imDr ovem cots t0
[he ta6i5(actidn of [he City Engineer aed the owner d( such wet<r
system.
• -1.
~ 8
Tracts and Cdmm/Ind. P.N.
7. improvements required to De constructed shalt
conform to [h¢ Stantlard Drawings antl $tan lord Specfficati0ns of ,
the LI[y, and to the Improvement Plan approved by and on file in
The office of the City Engineer. Said improvements are tabulated
on the Construction and Bond Estimate, hereby incorporat etl on
page 6 he re ol, as taken from the improvement D1 ans listed thereon
Oy number. The Developer shall also be resoOnsiSte Tor construc-
tion of anY transitions or other incide nCal work beyond the tract
Sound Aries as needed for safety and proper surface drainage.
Errors or ommissions discovered during construe:in shall be
corrected upon the direction of the City Engineer. peuised work
due So said plan mod if ica[ions shall be cOV erect by the prOVfsidns
of this agreement and secured by the surety cgvering the original
planned works.
D. [gn5truc Tion permits shall De obtained by the
Developer from the office of the City Engineer prior to start of
work; all re gp lotions listed thereon shall be gOterv ed, with
attention given [p Safety procedure 5, control of dust, noise, or
other nuisance f0 the area, and to proper notitit Afton of public
utilities and City Oe partments. Failure [0 <pmply wSCh tM1ii
section shalt De subject to the penalties Drovided therefor.
9. The Developer shall be re spOnSiSle /Or removal of
all loose rocks antl other debris from public righ[s~of-way within
or adjoining said development resat ling from work relative to
said development.
10, work done within eaf sting streets zhatt De
di ligentty pursu ea to completion; the City shalt have the right
[o complete any and Ali work in the event of unj us:ifled tlel ay fn
completion, and to recover Ali cost Ana eapense +ncurred from the
Developer and/pr his contractor by any lawful Weans.
ll. Said Developer shall at all times fallowing dedica-
tion of the streets and easements in said sub~diviston, up Co the
cOmple[ipn and acceptance of said work pr imprpvemen[ by said
City Council, give good antl adequate warning tD the traveling
Du bl is pf each and every Bang erovs cOnEi :i on eais[ent in safd
s Creel or easement, an0 will pr o[ec[ the Traveling public from
such defective or dangerous cOndf [ions.
Until the completfon a0 Ali imDr ovemenis, hereto in<or por atetl On
page 6 , to be Performed, ¢ach 01 said streets not accepted as
improvemen cs shall be under the ch ar De of said Developer. Said
Dev¢I Oiler may close all or a portion of any street suSj ect to [he
canai [Ions cgntain¢d in a temporary street closure permit, iss uea
by the City Engineer, whenever it fs necetsery to protect the
public during the construction 0/ the improvements hef ein agreed
eD be made.
12. parkway trees required tq b¢ planted shall Oe
planted Sy the Developer after other improvement work, grading
and cleanup has been completetl. planting shall De done as
provided by Ordinance in accord once xith the planting diagram
app rp v^.d by the City Conmunity Deveippment Oirec;or,
ihE Leveloper shall be re 5pnns~ble for nai ni wining all trees
plant eA in gpg0 heal to until the end p1 Ue gu ar ant¢e0
na~n[enance period, or /or one year alter planting, whichever is
later,
I7. ine Develp per is resoons is le for reefing all cOndt-
tionz established by the City pufsgant t0 tae SubOty if ion •
.2.
'`
I`~-~.. a 9
Map Act, City Ordiances, and this agreement for the development,
and for the maintenance of all improvements constructe0
thereunder until the improvement is ac<ept ed for maintenance by
the Ci Ey, and no improvement security prov iced hereinw ith shall
be released hef ore such arc ept ante unless otherwise providetl and
authoriEed by the Cify Council Of the City,
14. This agreement sha it no[ terminate until the
maintenance guarantee recur ify hereinaf ;er described has been
released Dy the Lity, or until a new ogreem ent together with the
required improvement security has been submi tied to the City by a
Successor to the herein named, and by re solutf on Of the City
Cpuncfl same has been accepted, and this agreement and the
improvement security the reipr has Seen released.
15. The improvement security to be furnished by the
Developer with this agreement shall cansi st of the following and
shall be 10 a form acceptable by the City Attorney:
A. To secure faithful per tormance of this agreement,
1. q band or hoods by one or more duly autnOrized
corporate sureties in the form and content
sDectii ed by Government Code Section 66499.1.
2. An tmDrovemen[ Security Ins[rum ent in [he form
and co nt ens specified by the Ctty Attorney.
3. A deposit with the L([y of money Or negoliabie
bonds of the kited approved for securing
deposits of public monies.
B, To secure labm~ers and ma terf aimen:
1. A bond or bonds by one or more do ly autnpriEee
corporate sureties in [he form and content
• specified by Government Cade Section 66499.1.
2, An improvement Security Instrument in the Porm
and content Specified by [Ile City Attorney.
3, A deposit with City of Honey or negotiable
bonds of the kind approved far securing
C, A cash deposit Nith Me Ci[y to guarantee payment
by the Developer [0 the engineer or surveyor Nhose
cB ri testate appears upon the final Map far the
setting of alt boundary, tot corner, and street
centerline monuments and for furnishing centerline
tie notes to the City. the amount pf the deposit
may be any amount certified by the engineer or
surveyor as acceptable payment in lute; Or, if no
Vdl'JP i5 submitted, the Cdih hood shalt bP ds Si1p Wn
on the LOnstruc[ion and 3o red Estimate contained
herein,
' Said cash deposit may be refunded as soon as Droce-
dure pe rmtts after receipt Dy the City of the
cenierl ine tfe notes and Nn itch ,,,
~
payment in full from the engineer Dr surveypr,
D. The required bonds an0 the principal amounts
thereat are set /0 r[h on page 6 of this agreem enc.
16. the Developer warrants that t".e imprDVe~Pn is
des r,•Ih^~ in this agree^en! shall be free frpa def ec[s in
mdlerldes and Norkm anshlp. Any and all port :ohs 0/ MC lmprpve-
monts Pound to he def ec[ive Nithln one (i) year fallow {ng th¢
d d[d OO NIIICh the ImprOV^^iP nLS dr^ d[LPp [FC by tho [iIy Shdli he
repaired or replaced Dy Developer free pf all charges td the
C ItY• the Developer shall Iurnlsh a ralntnnance qu ar antee
secure ty in a sum equal tp ten percant (10X) of the construction
• -J.
GV
estimate or 5200.00, whichever is greater, fo secure the faithful
perf ormaP<e of Developer's obligations as describes in this Dara-
graph. The maintenance guarantee security shall also secure the
faithful performance by the OeveloDer of any obligation of the
Developer LO do Specified work with respect to any parkway
maintenance assessment district. Once the improvements nave been
acc epte0 and a maintenance qu grantee securfty has been accepted
by the City, the other improvement security described in [his
agreement may be released provided that such release iz otherwise
authorised by the Su bdivisfon Map Aat and any applicabie City
Ordinance.
t7. That the Developer shall take out and maintain such
public liability and property damage insurance as shall Dratect
him and any contractor ar subcontractor performing work covered
by [his agreement from claims for property damages which may
arise because of the nature of the work or from operations under
thfa agreement, whether such operations be Cy himsel/ or by any
cDnir actor or suacaccracto r, or anyone directly or indirectly
empioy¢d by said persons, even [bough such damaoes be not caused
by the negligence of the Developer or any contractor or
subcontractor or anyone employed by said persons. The public
liability and pr op¢rty dams qe insurance shall list the Csty as
aeditonal insured dn0 directly protect the City, its oft icers,
agents and employees, as well as the Developer, his contractors
and his subcontractors, and all insurance policies issued
hereunder shall so slate. The minimum amounts of such insurance
Shall be as follows:
A. Contractor's liability insurance providing bodily •
inSury or death liability limits of not Ie ss [ha
5]00, 000 for each person and 51,000,000 for each
accid¢n[ or occurrence, and property damage Liabil-
ity limits of not less than $100,000 for each acci-
dent or occurrence with an aggreq ate limit of
5250,000 for claf ms which may arise from the opera-
tions of the OevelDDer in the performance of the
work herein pr avi ded.
B. Automobile liability insurance covering all
vehicles used 5n the performance o/ this agreement
providing bodily indury liability limits of not
less than 5200,000 for each person and 5300,000 far
earn accident or pecurrence, and pr Oper[y damage
liability limits of not less than 550,000 for each
acc ieent ar occurrence, with an aggregate of not
less than f100, 000 which may arise from the opera-
t;ons of the Developer or hts Contractor in
performing the work provided for herein.
1C. That before the eaecution of this agreement, the
Developer shall file with the Lity a certif is ate or certificates
01 insurance covering the spec ifi¢d insurance. Eath such
certificate shall bear an endorsement precluding the
cancellatfcns, or reduction in coverage of any Dof icy evidences
by sucn cer[if is of=, Oef or¢ the eao~r anon of fhi rty (30) days
after th¢ City mall nave received no[i(ica[ion by registered
mail from the insurance ca rrie~.
As evidence of untlerstandt ng [he Drpvi si ons coot at neA herein, and
of intent to comply with same, the Sobdivi der has submitted the
following Aescribed imprn vement se r. ur rty, and nos a(f iaed M i
signature hereto: •
.4-
~1/
FAITHFUL PERF ORNgN LE
TYPe: qn Site Only Principal ArpunC 86.916.00
Ndme and address OT sUre[y; OIW OEZEiUP[16 I16 m
33l Nilslure Anafa:i , to 91001
MATERIAL AND LA80A PAYNE NT
Type: Principal mount: gq,J63.00
Name and address of surety:
CASH DEPOSIT MONUNENTATION
Type: PrinclP al Anau nl:
Name dnd dddf e55 Of sNfeCy:
MAINTENANCE GUARANTEE
Type: Principal gaovnt:
Name and address of surety:
TO BE POSTED PRIOR TO qC[E PTANCE BY THE CITY
1 IN uIiNE SS NEREOf, the parties hereto have caused these
presents to be duly executed and acknowledged with all
a t
e
iretl
y la
s
g
S
r
s
• ~
p
Y
~~
re
J
~EFAL P.IRTl'E
P
t
a
5
b
(
/
Oper
Oev e
Oa
e
19
f
I r ignaW re
Prln ad
/y
/J~~~C~
~
_
by ,Developer
Date /: ._
~
Sign a: /re ~/
Prt ntee
Accepted:
City of Rancho Cucamonga,
California
' q Municipal Corporation
BY~ __.______.____.____~ '"aYor
q[te5[:
__ _ _ _ __
OCVfLOP Eft'S SIGNATURE MUSE JE NOTARIZED
-0-
"~
~: 9>
CITY Oi gpNCHO CUCPNONGA
CONSTRUCTION ESTIMATE
ENCROACHMENT PERMIT FEE SCHEDULE
For Improvement of; on t i enc lv
Date: [anputed by:
File Reference: City Dwg. Na.
NOTE: Ones not include current fee for
writing perwit or paveartnt deposits.
CONSTRUCTION COST ESTIMATE
ITEM U N UNIT UNIT LOST f AMOUNT
P.C.C. Curb - 12" C.F.
P.C.C. Curb - R" [.F.
P,C.C. Curb Doty 6' C.F.
R.C. Berm (5200 min.)
1" P.C.C. Sidewalk
6• Drive ppproacD
8• P.C.C. Cross Gutter
Street Excavation
Imported Embankment
Preparation of Subgrade
Crushed Aggregate Base (Der in. thick)
p.C, (ovlr 1]00 Sons)
A.C. (900 to 1300 tons)
A.[. (under 500 to 900 tons)
A.[. (under 500 tons)
SEE AIIACNEO EST IRATE nF CnSTq
I
sewer maMOle to gr ede
sewer clean out to grade
water valves to grade
Lights
Signs
Trees
Landscape and Irrigation
CONSTA UCTION COST
CDNTINGE NCY COSTS
TDTAL CONSTAUCTION
FA ITHFOL PERFORMANCE SURETY (100X) a9, ]26.Op
LAOOq pND MATERIp1 SECURITY (50%) 46,)6).00
ENGINEERING INSPECTION FEE 4,L1 ].67
•R ESTDRATION/DELINEATION CASH DEPO SII _
(R EFIINDAOLE)
MONUMENT AT ION SURETY (CASH) __
•Pursuant to City of Rancho Cucamonga Municipal Code, title 1, CAapter CON,
adopting San Bernardino County Code titles, Chapters 1-5, a cash
restoration/delineation deposit shall be made prior to issuance of an
Engineering Construction Permit. •
-b-
93
' 11
L I
.i2\CT P4lDR 'I I2 J:C
LOGST'IOY cp fpm ~T r
A~~:.f Aala t
DEVELOPER Bamlavs ~Te rr
EYC[SEER Rob to x xss. d _ys_., ta~~
QOAFIITI' UvIT' ITE:
. PRICE
Af!0Cfi
STREES E8T1'LRES
] I L.?. I P.C.C. Cvrh - `YqR KC' ZiiISR
L
i
1 P
" S ).25 ..".5.'fn1.96
.
•
.C.C. Curb - 0
0.F. M3{" Gu a rr 6.00 1I 5.? p0
_ L.F. P.C.C. Curb only .24^
A
C
d ,50
.
.
e rm
S. F. ." P.C.C. Std eva lk
5 .'. 1 Or1ve Aooroa cn .
' 0.i. fl" P. C. <. Croas fu [x rr(tn c!udinc corn) .50
L
J
C.T. S[reet fscavazl p
, 4
nn 1.50
C.T. Inaor[ed F.mban 4nent 1
50
s. F
Prc
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.
rat
on 9E SuF •r ane
S.E. ! Gnebrd ACf., 8n ce Inns ioe'n rM1l Y
TOa I A
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Uv
1100 5
p,r
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.
.
rr
tons p
9t4 TOV A.C. 1900 [n nnD mna
i TO:: y. 0 JZ ,69 .00
A.f. (500 to 900 censJ
'OC .\. C. ender 500 nvl
I S.i. A.C. 0. J5
S. F. 1°
k
nv r'a
?s[
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a
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sever
.O, rade
Ea. Atl'ns[ ester valves oto ¢rade n nn
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I Ea. I s:reec L1 ncs t.snp nn 1
:~f sta i Rarr;rar.rs r nteraer
s nD ~
a _
,
l.. F. I S' r c" P
e
d n
c
var
xr aJ er
S.i. lI Removal of A.C. Pavcr^
r t.i5
1 L.P. 1 Removal Ot Y.C.C. Cn
-b 0 J
,
I Li. ~ Rrnovai at A.C. Berm J Jp
-
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'~ svne[ sl ~ nn
~ .ns
_Ea_-: Retlrr[orx fi Pn5 ~ 1 xnn. nn -'
I
L. e'. Crot rote B
nd L
fl )i.00
i
a
Sc 22.00
j -=, z . nn
L.F
. I 10" 2CP (2000 nl
~I -
~ I
2'" i
c=
1 xs n
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L.r. ,
(
500 U
I F' xcP ]0.00
L.. F I LB" 3CP Jfl.00
_~
` 1200 D
f..:ccb basin N ~ L' LR
_ La.J ra ah P.a sfn L' 9' t 200.00
Ea. c.r rn Raa;n u - 2r x. DDD. nn
Ft. Inr
,l l
' 1. nOp. nn
_ .
rn re55lon 4
ral Drni n,vaionl'
' 5011.00
.
J'nrt to
S I nn ,nn
n
rn¢hve ]. Sn O
PO
~ :n^t rr,r s[n. ,a9 1 .
I.;On.On
. _'le Suf. SJ1
'
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rrl 11:",,.n nn. nn
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S,e TOTAI, a0 R5g
CW:T 1:14 EIIC IES 1D', R.066 I
TOi,\L RR 12
ILRDE 0Y
INSDECTtOY FEF. $ 4.117.6)
APPROI'[D BY
~, ['.ALL FOP BO\9 OF 3
cm' of ac:cxD rruolo::r.A
E :G B:ZE E I'JG DIY iSi CI:
EST L`:A:L' O: COST
(6-01)
R[xD Y,~. 10]000
PpEfILL+!: SL J19.00•
h11E RCA5, the Ci[y Councit of Che City of 2a ccb Cunamo nga.
5 talc 9: Calv!o r.^.ia, and ~^~YS ^[TRPA A Cc 1 ~ -'-
(hereinaanr designated as pra nc:pa l"1 nave encerce :uo an
19xee-.e nt ,+he re by principal agrees to in stall and co:ra /e :e <er-
t\in dCSi Ov na tCd pI1b 11L l prOV Gifie n[c, N:::Ch Sdi2, a9 x_pl`.^nt,
da tcd 10 _,. and idenci`:ed J5
prolcct as
vs hereby refer tee co end ra do a parr ncr co:; ann,
KH ER C,AS, said print i~al is recut red under t trs e.' said
aq rccacnt to furnish a bantl for qlc faicnfvl p_:i¢: -.a nce of said
a9:cemc ns.
I:OtJ, TIIC REI'C P.E, ve [he principal a.nd C~.'ETfi,'F.'+5 I:iSL'Pi.`IE C(DTAVY
as sure c are held antl
[ira ly 'oo'actl uO tc tY.e Ci cy o: Rancho Cucs pnca IherevnaE[e[ called
^Ci cy"1 , in the penal .sum of ~!ty Ei~':t ^;cusvd =eien Nu:dred tMnty
cix and mi300--------- 13o llazs Isgg';,c m ~J lawful
money o: cnc ;;na erg Sca ces, Eor the rp a;r c..^.C u vn mb sur, n'e 11 and
i ra l>' to be made, '.e bind ourselves, c~-: hm rs, so: Gesso rs, esecc-
tors and aC miniscra :o rz, Join ciy aad sa:¢:ally, fitniy t~ <..".e se
p:esencs, •
?hc condit:ca of to is onl:ca Lion is such t.`.at -_ atcve
bouv.'.Ltl ptinc:ra i, his or is .'..vrs, e:: ecu co:s, ac-:r.a~:r rto rs,
-.:^sso rs n ,signs, shall :n all tn: ncs stand - -d abide
b:~, and yell ra nc truly rteel~r and ce rfora Ghn eovenaccs, -
tiocs anc• prow a tens in the Said ap:eer enc and am a::¢: aC:on
the reo `. made as cherevn pro::d ed, on his or :^.e i; c to pe
kcat anC ncrCOrred at :i:c one and io the ;annoy - -, scee-
i!:ca, and in all recline cs acco:.'.i rc to ::: it t- - and
men :inn, antl shdll i~d emn:ry and save ^ - ess C:^y, 1CS officers,
anents and cr..p loyees, as che:c in sC•pcla MC ch;s chlica Lion
sac ere Hell end •: oid: c:.`. rr:s.. .. _.._-- _- a,a .,r..-n ir.
:_.. ...me and e: °ecc.
a a pact of the ob115aticr. sera: e: "c re b': and in addition
!o the face amount specified - -, ¢ s.`e:+_ :e i - _
'
' cos[ and reasonable expecs es acd ,fees, 1r. clew r.' reasocable
at-
actorney's Eees, incv r: ed ty Gc) 1t. su ccass Pilly ecforcicc such
ob L'~a^ion, all :o be :axed as L..., a...i vntluded in any lud5r.enc
rentic;ed.
The sure['/ hereby sci pvlates and a^rees c."aC co cha cce, ex-
~~- trnsw^. oC ti r.¢, al ceration a- nd:4 tvnn to Cke tcrnx of the
'- ~- ._ _
-- ogrcr-ent or to the :eo r:: to be i•e r!o rect. the rep nce: ar H:¢ stec-
^' _.- ., _, i!i;at:o^s xcomna~r; in: the sore sha 11 is r. i'^i se affect •
:rJ :.:,ns cn tha bar.:, antl is dons hrr rb.; va:ag no u,e ^f any
u
^
c :. c::.nvac. m<tens:oc a[ [;.-c, alcc Hitt co cr a _ :Jn :L chc
trrms a! the nn re e.*ent o: co :br vo:':: o. .o ,.. r. -. ...-~ti ans.
Iii :; I.... :, pL ;' chf- '. r::-. bat :u Ced
~~
~
•
.. t L'i ': p:.n Ial
..nd su:^ty a: a. r nn ., cn
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7 y 83
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et
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E,ftS [,U
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:?:\:LL Lb1 Gel\Y
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\ FREIII::,: D%1LTffD
•
L\p0A naa !WTE^!i,LaEV pC::D
Wi1EREd5, [he City Council of the City of Aancho cucamo raga,
Slat
e of California, and RNICLII'S/YfAPA, A Cxne[al Partnershi0
fhvreinaf ter designated u "p ancvpal" have crate zed unto an
agreement whereby principal agrees tv install and comOlete cer-
tain desig Gated public im
rovem
p
ents, which said agreemen[,
da led
19 and identiEi ed as pro-
ject Tra^t la3'0
' is pcreby re `.tired [° antl made d par[ heteot; and,
4:NEAGIE, under Lhe terns OE said agreement, pr ineipal is re-
quired before e
t
n
ering upon the pereoznance of the cork, to file
a good and suEf icieni
a
p
yme r,t bond with the City of Aancho Cuca-
monga to secure the Claims c
i
o wh
ch to Eerance is made in Title 15
(cosmencing with Sec tiara 70E1)
E P
O
azt 4 of Divisaon 3 of the
Civil Code of the State of Cali'.oznia.
HOW, TNEREFO RE, said principal and the undersigned as a
to
rpoza to sv re ty, are held firmly bound unto the [ity of Rancho
Cucar
on
a a
d
l
.,
g
n
a
l contractors, subconizac to rs, laborers, ma[erial-
men and other
persons employed in the performance of the aforesaid
agreement antl referred t
i
°
n the aforesaid Code o[ Civil Procedure
in the sum of Fatty Four 'thousand Thrre Hundred Sixtv 1h
d
• (ee an
no/100
-----'-------------------Dollars as ns+no I, for ma teraals
u:na ned or labor thereon of any kind
or Eoz
,
amov ns due under
the ^nemploymtnt Insurance Act with [espect t° such work or tabor
that
d
,
su v
su ze cy will pay the same in an amount not exceeding the
amvun[ hcreinabovc set Eo rth
d
, an
also in case sv ii is brought
upcn this bond will pay in addition [o the Ea to am
ount Uereof,
cases and zeasonahle expenses and fees
inc ludinc
,
reasonable at-
torney's Eees, incu rrea py City in success Eclly enfor inq such
eblita Lion
to b
,
e awarded and foxed by cbe cevzi, and to be Lazed
as costs and to b
e included rn the jutlgmani thecein rendered.
Ii is hereby expze ssly stipulated and agreed that this bond
shali inure io th
e benefit of any and all persors, conpanie s, and
co rptta [ions entitled to file claims u
d
n
er Title 15 (COCmencinq
uiih Section 30A1) of PatL 4 of pivisicn 3
f
o
i.:e Civil Cade, so
d5 Go [)iVe d Zlgh'. Of dC lino i0 thQm oL thClC
1
ds5
gn9 In dray SY 1L
brought upon this bond.
Should the condition OE this bond be '-ally pe [ECrmed, then
ihis oblicati
on shall become null and void, Otherwise it shall be
and remavn in full f
orce and vEEtc t.
The surety hcrthy stiFUld<rs and agrees rhat no chanve
ten.-.Lon of ti
ea-
,
ne, alters tiara or addi ;ion to the terns cE said
acrmwOnt or the
- , speciEica Liens xcoava ray l..^.a the same shall in
an% canner affect its obli na trvns
1f vn this tone, antl it does here-
b% o'n vve notice of an% such channe
eate
i
1 ,
n s
on, alto ratron or ad-
aition
31 I'! Wl T:iFgS WO[~'EC~ :Ils inStru CiCnt );as bP.en 'p l% C%eCUted
by eh~:
ri
p
ncipal and i11LC[% above named, On Otmdd~e[ 15 ch
l0 9J
1
"
. ~ MPL.i.\'i o/^GRM
A C
. ,
enc[al ParUr•r;hiP OEUEiLtt~EPS [USI,RWCE ~+gpNy
.... w.:..~,
:,
.
~
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` Oy'__ ~~
t
....
a ~' Davir~-ikikTei, ~-`
Attorney-m-fact
~
,
.X; 4. <:
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- ... ayt ,:~.
., ~.~ /.1~~,
RESOLUTION N0. &3-97=i2LR" ~ `~-`~'
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 12320-1
'dHEREAS, the Tentative Map of Tract No. 12320-1 consisting of 14
lots, submitted by Barclays-Terra, Subdivider, located on the southeast corner
of Victoria Street and Archibald Avenue has keen submitted to the City of
Rancho Luc amonga by said Subdivider and approved by said City as provided in
the Suhdivis ion Map Act of the Stag of California, and in compliance with the
requirements of Ordinance No. 28 of said City; and
WHEREAS, to meet the requirements established as prerequisite to
approval of the Final Map of said Tract said Subdivider has offered the
Improvement Agreement submitted herewith for approval and execution by said
City, together with good and sufficient Improvement Security, and submits for
approval said Final Map offering for dedication for public use the streets
delineated Chereon.
NOW, THEREFORE, DE 1T RESOLVED by the City Council of the City of
Rancho Cucamonga, California, as follows:
1. That said Improvement Agreement be and the same is
• approved and the Mayor is authorized to execute same
on behalf of said City and the City Clerk is
authorized to attest thereto; and
2. That said Improvement Security is accepted as good
and sufficient, subject to approval as to form and
content thereof by the City Attorney; and
3. That the offers for dedication and the Final Map
delineating same be approved and the City Clerk is
authorized to execute the certificate thereon on
behalf of said City.
PASSED, APPROVED, and ADOPTED this 7th day of March, 1964.
AYES:
NOES:
ABSENT:
on t e s, ayor
• ATTEST:
Lauren asserman, t y er or
~aa
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 7, 1984 ~y;;
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: John Martin, Assistant Civil Engineer
SUBJECT: Approval of Improvement Agreement, Improvement Security and Real
Property Improvement Contract and Lien Agreement and Final Map for
Tract No. 11191 submitted by Elite Construction located on the east
side of Archibald Avenue, north of Base Line Road
The attached bonds, agreement, lien agreement and final map of Tract No.
11797, a condominium development on the east side of Archibald Avenue, north
of Base Line Road, are submitted herewith for Council approval. The project
is a division of 11.5 acres into 240 units. This subdivision was tentatively
approved by the Planning Commission on May 27, 1981. The lien agreement is
submitted for construction of a median island on along Archibald Avenue.
The bond amounts submitted are as follows:
Faithful Performance Bond: E162,000. 00
Labor and Material Bond: E 81,000.00
\J
RECOMMENDATION
It is recommended that Council adopt the attached resolution approving Tract
No. 11197 and accepting the bonds, improvement agreement and lien agreement
and authorizing the Mayor and City Clerk to sign on behalf of the City.
Respectfully submitted,
LBH ~jaa
Attachments
ci g
n
u
SYCAyfORE INVEST1fENTS
17581 Irvine Blvd. - Suite 107
Tustin, California 92650
(714) 731-1620
February 27, 1984
CITY OF RANCHO COCA.l1ONGA
Engineering Department
Re: Tract 11797
Gentlemen:
In order for the City to expedite the recording of Tract
11797 by scheduling the final map on the Harch 7, 1984,
City Council agenda, we agree to the following:
• 1. Complete necessary agreements with 5. P. R. R. and
construct storm drain pipe in place along northerly
property line prior to occupancy.
2. For erosion control purposes, construct a retaining
block wall along the rear line of the northerly
garages such that the top of footing is 6 inches
below existing flowline of ditch and the top of wall
is 3 feet above grade. This wall should be first
item of building construction work.
Very truly yours,
SYCAyfORE INVESTyfENTS
BY: ELITE DEVELOPM1fENT COSIPANY, A GENERAL
PARTNERSHIP by its General Partners
Elite De}/-•~lopment omp/any, nc.
RS chard J. /asbrouck, !>re ;.
Henderson Financial, Inc.
4
• Charles H. Henderson, Pres.
/a o
Aec oid ing Aeooes ted Sy
Clty Of Rane`.o CucaGOnea
when recorded tail to:
City of Aancno C::camoacx
P.O. BaX 80]
Aancno Cucamonga, Cd 9n70
For Aeco~der's Cse
OAAI': ACi ACCEPTA>CE L~.T~A
.ROAD
'.:e, ine undets taped, as o~an as of Parcel %o. ] of Pa re el trap Xo
in iF.e City Of P
6651
h
.
.anc
e Cucamonga, County o: San Bernardino, SW to of
Ca Lifocnia, bereSy a
r
t
g
ee
o act apt drain aqe from proFOSed Traci Ao.
11]9] in:0 'ne Hann nr shc•,rn aSD V
e.
6YCdHORE [VCESTl1EATS
BY: ELITE gF,VF,LOPME%T C04P,1SY, A GESERdL
PARTYERSIIIP Dy lta General Partners
Elite IJcYc to
pment
0 Pan
~i', Inc. •
/J
n
/
Atcnartl A, axD rout k, Pres.
He ndereo
n
ftnancia 1, Inc.
/~
y
ar ~'.s en von, e ,
•CUCA\\MONGA COUNTY WATER DISTRICT
.sal .,. .. ~ ~ ..
VICTOR A. CHEFBA K. JR.. P.rnLne
February 6, 1984
City of Rancho Cucamonga
Engineering Department
P. O. Hox 607
t ~ ~
Rancho Cucamonga, California 91730
Attention: Barbara Krall
Gentlemen:
V/ePn,4na
ROBERT NEU FELD
See.ea... GenrN Meng.
LLOYD W. MICHAEL
m..rron
EARLE R. ANDERSON
BEVERLY E. aRADEN
CHARLES A. WEST
Sycamore Investments, Developer of Tract No. 11797, situated
in Rancho Cucamonga, have deposited with this District a
• Material and Labor Bond, a Faithful Performance Bond, and a
Utilities Improvement Agreement.
These bonds and agreements, previously filed with the County,
are now being accepted by this District as an assurance that
said improvements will be provided, as stated, within the
boundaries of the Cucamonga County Water District.
In addition, this letter is to verify that the above referenced
Developer has complied with all requirements for development
that are mandated by District policy.
Yours truly,
CUCAMONGA COUNTY WATER DISTRICT
i
~~ .,~ r Q,t ..
Betty Fien
Secretary
b
~ ~ L_
Alta Loma School District
Established 1805
BOARD OF TRUBTEES
ROaERT S. FROST
ROBERT W. TANGEMAN
MRS. Lt2 CALLARINI
MRS. SANDRA A. OERLY
JONN C. BOOK
9330~F Baseline Road • Poat OBice Boa 370 • AIU Loma. California 91701 • 711/9D7~~
JOHN E. McMURTRY
Suprnnrmfrnt
FLOYD M. STORK
Penonnr(/SUppen trMna
January 19, 1984 STAGY NELSON
Da t C Ruainexa SeMrrs
MILLY STRAIN
Cum~vluMSpMaI lr•Jmr
LETTER OF CERTIFICATION FOR SCIIOOL DISTRICT CAPi~C ITY
For Residential Construction within the Alta Loma
School District.
DEVELOPER Elite Oeye lorment Company
TRACT NUMBER 11797 LOCATION Northeast corner of
Archibald and Baseline
NUMBER OP DWELLING UNITS 64 condominiums
ANTICIPATED COMPLETION DATE .Tune 1984.
Gentlemen:
The Alta Loma School District hereby certifies that the
capacity for ss.4 students will be provided within
24 months of tie completion of the above project. This
certification is given on the condition that the State
of California continues to fund the provisions of the
Leroy F. Greene Lease/Purchase Act of 1976, or any suc-
cessor Act, in such manner that the State Allocations
Board may fund all school building projects under its
current rules and regulations without priority points.
The commitment of this capacity shall expire 90 days from
the date of this letter. Approval of the final map or
the issuance of building permits by the City of Rancho
Cucamonga within that 90 day period shall validate such
commitment.
Very truly yi~)o~~rs~~
<~'~s~~~ s%G'°~
•
Floyd t1. Stork
Administra [or •
Personnel and Support Services
jh
ec: Planning Division, City of Rancho Cucamonga
/0 3
11f ;/ '~l?: 1~tt3 ~qi _~~f~f, a~1f~ j~. ,~1.~.... 1ijN
~,iir~+~iLI ~+rif'~3 i17~1'1 .;frf'i ,1.1;~v~_ 's;•.,,~lsl
. ,. , .: ~ t I !!~I ~
Letter of Certification
of School District Capacity
'4i thin the Chaffee Joint Unien Hich School District ar,d the
Alta Loma ig ~ coo attends rce boundaries for the
following describe project:
Location/Description: Tract N 11797
Archibald 8 Baseline
• Number of Dwellings: 64 condominiums
The school district hereby certifies that the capacity _`or
10 students will he provided within 24 months of the
completion of the above project. This certification is given
on the condition that the State of California continues tc
fund the provisions of the Leroy G. Greene Lease/Purchase Act
of 1976, or any successor Act, in such manner that the State
Allocation Board may fund all scF.ool building projects under
its current rules and regulations without priority points.
The commitment of this capacity shall expire 90 days from the
date of this Letter. Aoproval of the final map or the issuance
of building permits by the City of Rancho Cucamonga within that
90_day period shall validate such corunitment.
~~~ .
9urrr.~er~wcen~'ASSt. unerintendent
by Dianne Allen Janypr 19y 1984
cc; Planning Division ~~, ~Jl'/~"~J'~~,~-_
City of Rancho Cucamonga
•
Anticipated Completion Date: June 1984
/oy~
•
C17Y Di RANLHD CU Cf MDNGA
1MPRDYEMEHT AGREEMENT
FOR
- _ Tract ,C 11737
ANOH ALL HEH 8Y THESE pREGE NT S: That this agreement ii
made and entered info, in conformance with the pr Quist ans of the.
Subdivisf on Hap Act of the State of California, and of the
applicable Ordinances of the City of Rancho Lu<among a,
California. a municipal corporation, 6y and between said City,
hereinafter referred to as the City, and Sycamore Investments,
A Joint Venture hereinait er referred [D as t~iG
Teve oper,
HI THE SSE TN:
THAT, HHEREAS, said Developer desires to de vel oD <erlain
real property in Said City as shown on the conditionally approved
subdivision known as Tract :11797 and
NNEREAS, said City has established certain requirements
to be met by said Developer as prerequisite to approval of said
Subdivision generally located at Northeast Corner of Archibald
~¢~ e s 11 City of Rancho Cucamonga.
NDH, THEREiDRE, it is hereby agreed by said City and by
said Oe veloper as follows:
1. The Developer hereby agrees to construct at
Developer's eepense all imprmveme nes described on page 6 here-
of within teelve months from the effective date hereof.
• 2. TD is agreement shall be eif ecLive on the date o/ She
resolution of the Council of said City approving this
agreement. This agreement shall be in default on the day follow-
ing the first anniversary date of said apDr oval unless an exten-
sion pf time has been granted by said Cf ty a5 hereinafter provid-
ed.
3. The Developer may request an extension o/ time to
compltte the terms hereof. Such request shall b! submitted to
the Cily in writing not less than 30 days before the txpiration
date hereof, and shall contain a statement of circumstances
necessitating the extension o/ time. Tne Lity shall Aare the
r ignt to review the provisions of this agreement, fnc lading the
cansir action standards, cost estimate, and imDr ovement security,
and to require ad3ustments therein i/ any substantial change has
occurr e0 during the term Ae re of.
A. If the Developer faits or negl¢cti to comply with
the provisions o/ this agreement, the Cily shall have the rSgRt
at any time to cause said provisions to be met by any lawful
means, and thereupon recover from the Developer and/or his surety
the full cost and expense incurred.
5. The Developer shall prat/ id¢ metered water service [o
each tot of said development 1n am ordance with the regulations,
schedules, and fees o/ the Cucamonga County Hater District.
6. Tne Developer shall be, res ponsible for replacement,
relocation, or removal of any component of any irr igatfon water
system In COnEIICt wiLn COnStrY<tlgn el requlrPO Impr pvemen[f tt
the salt sf act ion of the City Engin¢er and the own er of such water
system.
. -1-
/O~
lruris and Cr to/Ind. P.M.
7. improvements required to be co nstrucied shall
con/orm [o the Standard Drawings and Standard Speciltutiont of
the Ditya and to She Improvement Pian approved by and on file in
the o!l ice of the City En gf neer. Said improvements are tabulated
on the Construction and Bond Estimate, Hereby incorpo~at ed on
page 6 hereof, as taken from the improvement plans listed the reOn
by number. The Developer sAatl also be responsible for cdnitruc-
tion of any transitions or other in<itlen[al work beyond tAe tract
boundaries as needed for safety and proper surface drainage.
Errors ar ommiss io ns discovered during constr actin shall be
corrected upon tke direction of the City Engineer. Revised work
due tp said plan modifications shall be covered by the provisions
ai this agreement and secured by the surety covering th< original
planned works.
8. [onst ruction permits Shall be obtained by tAe
Developer from Lhe office o! the City Engineer Drior to start of
work; all regular ions listed thereon shall be observed, witA
attention given to safety procedures, conir of of dust, noise, or
other nuisance to the area, and to prober no[ilicat ion of public
utilities and City Departments. Failure to cmmplY with this
section shall De subject ~tp the penalties provided therefor.
9. The Developer sA all De responsible for removal of
all loose rocks and other Oebrii Irom public rfgh[s-of-way wit Aln
or adjoining said developm en[ resulting Irom work relative to
s+sa development.
10. York done within existing streets shall De
diligently pursued to completion; the Cify shall have the N ght •
to comDleta any and all work in the event mf unjustified delay in
complet tan, and to recover all cost and ea pence incurred from the
Developer and/ar his conir actor 6y any lawful means,
ll. Said Developer shall at all times following dedica-
tion of the sf reels ono easements in said subidivision, up to the
completion and acceptance of said work mr imDrovem ent by said
City Council, give good and adequate werning co the traveling
public of each ono every dangerous contliffon existent in said
sir eel or easement, and will Dr otect the tr avelf ng public from
such defective or dangerous conditions.
Vnti1 the completion of all improvements, Aer ein incorporated on
Page 6 [o be performed, each of said streets not accepted as
improvements shall be under the charge a/ said Developer. Said
Developer may close all or + Dortidn of any street subject to the
conditions contained in a temporary street closure Dermit, issued
Dy the City En gf nee r, whenever if is necessary to protect the
public during the construction of the improvements herein agreed
to De made.
12. Darkway trees required to be planted shall De
planted by the Developer alter other improvement work, grading
and cleanup has been cample fed. Planting shall be done as
provided by Ordinance in accordance with the planting diagram
approved by the City Community Development Dfrec tar.
the Oeveiap er shall be responsible for ma{ntaining all Lr ees
planted in good health until the end a/ [Ae guaranteed
maintenance perf ad, or for one year alter planting, whfchever Is
later,
13. The Developer is rezDuns ible for meeting alt condi-
tions established by the Lf Sy pursuant to the Subdfris ion
-2-
ivr.
Map qct, City Ordianc¢s, and this agreement for the development,
and far the maintenance of all fmprav emen [s constructe0
thereunder until the improvement ii act epCed for maint enap<e by
[he [i ty, and no improvement security provided hereinwith shall
De released before such acceptance unless otherwise provided an0
a ut horned Dy the City Council of the City.
14. This agreement shall. not terminate until the
maintenance guarantee security hereinafter described has keen
released by the City, ar until a new agreement together with the
required improvemenC security has been submitted to the City Dy a
successor to the herein named, and by resolutf on of the City
Council same has been accepted, and this agreement and the
improvement security therefor nos Deen released.
15. The improvement security to be furnis hetl Dy the
Developer with this agreement shall cans ist o/ the fallowing and
shad be in a form acce pt abl¢ by the City Attorney:
p. To secure faithful performance of this agreement.
1. A bond or bonds by one or more duly authorized
corporate sureties in the form and content
specified Oy Government Cade Section 66199.1.
2. An Improvement Security Instrument in the form
and content specified by the City AL[ar hey.
3, p Oe past[ with the City of money or negot5able
bonds of the kind approved for securing
deposits of public monies.
B. to secure laborers and mater iatmen:
1. A bona or bonds by one or more duly authorized
corporate sureties In the farm and ca nt en!
specified by Government Cade Section 66x99.1.
• 2. An Improvement Security Instrument in fh< form
and content Tpecf(ied Dy :he Ciiy A[t orn ey.
7. p deposit with City of money or negotiable
bonds of the kind approved for securing
C, p cash deposit with the City to guarantee payment
by the Developer to the engineer or surveyor whose
certificate appears upon the Final Map for the
setting of all boundary, lot corner, and street
centerline monuments and (or Pornishing cent erltne
tie notes to the City. The amount of the deposit
may De any amount cert iT ied Dy the engineer or
surveyor ds acceptable payment In full; or, i( no
value is submitted, the [ash bond shad be as shown
an the Construction and Bond Estimate contained
herein.
Said cash deposit may be refunded aT soon as proce-
dure permits after receipt by the City of the
centerline tie notes and written assurance o/
payment fn fu71 (r om the engineer or surveyor,
D. The required bands and the Drincipal amau nti
thereof are set forth on page 6 of this. agreement.
Ifi. the Developer warrants that the improvements
descrfDed in [his agreement shall bP fr¢e from defects in
materials and workmanship. Any and all port sane of the improve-
ments Ipund to be defective within one (1) year /ollowing the
data pn which the improvements are accepted py Lhe City shall De
repaired or rep sac ed by Developer free of all charges to the
Lity. the Developer shall furnith a maintenance guarantee
security in a sum equal to ten percent (10%) a/ [he cans V~ction
r. -7-
/d7
estimate or 3200.00, whichever is greater, to secure the faithful
performance of Developer's obligations as describe0 in this para-
9raph.. Tne maintenance guarantee security shall also secure the
faithful performance by the Developer of any obligation of the
Developer to do specified work with respect to any parkway
maintenance assessment district. Once the improvements have been
accepted antl a maintenance guarantee security has been accepted
by the City, the other improvement security described in this
agreement may be released pravi tled that such release is otherwise
authorized by the Subdivision Map Aci and any applicable Cify
ordinance.
l7. That the Oeve toper shall take out and maintain such
publfc liability and pr op¢rty damage insurance as shall pro6 ect
him antl any contractor pr subcontractor performing work covered
by this agreement from claims far property damages which may
arise because o/ the nature of the work or tram ope rattoni under
this agreement, whet Aer such operations be by himself or by any
cant ractor or subcontractor, or anyone directly or indirectly
employed by sa itl persons, even though such damages be not causetl
by the negligence of the Developer or any contractor or
sub<on [ractor or anyone employed by Said persons. The pub11<
liability antl pr oD erty damage insurance shall list the City as
addita nal insured and directly protect the Cify, its olf ices,
agents and employees, as well as the Developer, h5i contractors
antl Ais suec ~~er acto rs, and all insurance policies issued
hereunder tnall So ata[e. The minimum amounts o/ oath insurance
shalt be as follows:
A. Contractor's liabilfty insurance providing bodily •
As rvidenee o/ understanding the provisions contained herein, and
of intent to conply with same, the subdivider hes submitted the
fo Pnri ng described improvement security, and has of (f aed nit
signature hereto: •
--0-
injury or death if abf litY limf is of not less tha
5700,000 (ar each person and II, 000.000 far each
accident or occurrence, and Property damage liabil-
ity limits of not less than 5100, 000 for each acct-'
dent or occurrence wish an aggregate limit of
5250,000 for claims which may arise from the opera-
tions of the Developer in the Der Pormance of the
work herein provided.
0, Automobile liability insurance Covering all
venic les uses in the Derf ormance of this agreement
providing bpe ny injury liabf lily limits of not
less than 2200,000 for each person and 5700,000 /or
e acn accident or sec ur re nee, and property damage
stability limits of not less than 550,000 for each
accident or occurrence, with an aggregate o/ not
less than 5100,000 which may arise Tram the opera-
tiuns of the Oeve toper ar his Contractor in
performing the work providgO for herein.
1B, That bet are the eaecutimn of thfs agreement, the
Developer shall file with the City a certificate or cerT 7flcates
of insurance covering the speti(ietl insurance. Each such
c erti/ic ate shall bear an endorsement precluding the
cancellatfmns, or reduc tian in coverage of any policy evidences
by such certificate, befpr¢ the eapirat ion a( thirty (30) Oa yi
after the City shall have received nati(fcatf an by registered
mail from the ,nsurance carrier.
/0~
r
FAI TIIF UL PERFORM ALICE
Type: Surety Pr intipal Rmount: ."+162,000.00
Name and address of surety:
MATERIAL ANO LAROR PAYMENT
TYVe: Principal Amount: 531,000.00
Name and address o! surety:
CASH DEPOSIT MONUMENTATIOM
Ty De: Principal Amount; 51,950.00
Name and address of sore ty;
MAIM R1ANCF GUARANTEE
Type: Principal Amount: 55,000.00
Name and address of surety:
TO BE POS7ED PRIOR TO ACCEPTANCE RT THE CITT
IN NITNESS HEREOF, the parties hereto nave caused these
presents to be duly ea ecute0 and ackn0wleaged with all
formalities required by law on the dates set forth apposite their
signatures.
Date py _
_ ,Developer
EYCdNORE P.:V F.STStENTE, A JOINT VENTCRE
- By: LISCOLN S:l'/IYGS k i.OdN ASSOCIATION
A Cal i[o rn is corporation
Oate by Title: s[~.,eR Y/c.~. RES• -
By: ELITE IiE4T.LOp}tENT CO}IPANY, A GENERAL
- PARTNEREOID by its General Parfne rs
Elite=men ~ p
Accepted:
By: ~zc,
City of Rancho Cuc amon g. sc ha rd J ashrou ek, Pres.
California
A Municipal LDrDOratiOn Henderson Financial, Inc.
R cr_..___!_~.c~=
BY: _.____ c0arle5 N. 11 n,';, •+^.n, Pres
i
City Cl ekl Charles .lack Tarr, ind lvidually
~ ~ i!~
Reproved: y /
/`_1"~ ~~
REVEL OPER'$ SIGNATURE MUST DE I10iARI2E0
- -5-
io9
CITY OF RANCHO CUCFMONGA
CONSTRVCTION ESi IIt9TE
ENCROACHMENT PERMIT fEE S[NEOULE
For Improvement of: Tra et :11]97
Oate: Janus n• 19 1969 -Computed by: G. Bart 8trrker En¢ineer
File Reference: City Dwg. No.
NOTE: Does not include current fee for
writing permit ar pavement deposits.
COHSTA UCTION COST ESTIMATE
ITEM, OUANLITT UNIT VN1T LOST S AMOUNT
Clearing
4" AC (36,320 fiF)
8" AB (38,320 6F)
S" C & G
Drive Approach
Undenra lk Drain
9" Sltlew¢Ik
6" to 6" PCC Curb Only
Sawcut
Relocate F.H.
8" P.C.C. Cross guitar
Remove Curh h Cutter
Remove AC Pavement
Trees
Remove Beun
48" R.C.P.
Transition Structm'e
Readwail
Rip Rap
Subgrade Ire partition
Street Lights
Landscaping & Irrigation
-------Lump Smo---------- .E 2,000.
920 Tons S 35. 00 32,200.
1,890 Tons ]. 00 12,880.
1,]3A L.F. 6 .00 10,928.
960 B. F. 2 .50 3,326,
1 Each 3,000. 00 ' 3,000.
3,000 S.F. 1 .75 5,250.
79 L.F. 5. 50 934.
1,949 L.F. 2 .00 3,998.
1 Each 500 .00 500.
1,044 S, F. 3 .40 3,560.
50 L.F. 3 .30 165.
4,195 S.F. .33 1,950.
68 Each 50 .00 3,400.
590 L.F. 1 .00 390.
5]6 L.F. 98 .00 27, 6
1
.Each
3,600
.00 ~
3,
1 Each 4.000 .00 4,
200 S.F. fi .00 1,0
46,132 B. F. 0 .15 6,919.
8 Each 1,000 .00 8,000.
9,600 S.F. 2 . ]5 12.3]5.
CONSTRVCTION COST .. 14v.902. 00
CONIINGCNCY COSTS E :6 338 .00
TO7AL CONSTRVCTION E 162,000. 00
FA1711FUL PERFORNANCE SURETY (100Y] S 102,G0a,00
LAB00. AND I!ALER IAL SECURITY (50X) S 91
ENL IIiEERING IRSPECiION FEE S 6.980.00
•RE Si O2hLi0N/DCI INERT IDN CASH DEPOSIT S 6,000.00
(ACF U'lDABLE) ~ -- -
MOIIUMt N1AlI0N SURETY (LASH) S i,A50.00
•pu rsuanl to City of Aan<ho Cuc aaonga Y.unicipal Code, Title I• Chapter 1.08•
adapting San P•ernardino County Code Titles, Chapters 1.5, a cash
restoration/delinrat tan deposit shall be made prior l9 issuance of an
Engineering Construction permit. •
-6-
/~ // ~
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~~ i
FAITHFUL PERFORMRHLE BONG
90ND NO.: ]10033
PR ]IA IIM $1,296.00
NHEA EA S, the City Council of the City of Aancho Cucamonga,
State of California, and Sycamore Investments, A Soint Centu re
(hereinafter designated as "pnncipal• nave entered tntp an
agreement whereby principal agrees to install and coop fete
certain designated public improvements, which said agreement,
dated San uarv t9 , 398q and identified as
project Tr~li99 is here Dy referred to and
made a part he rent;and,
MHEREAS, said principal is reguired under tDe terms of said
agreement to furnish a bond For the faithful performance of said
agreement,
NOW, THEREFORE, we the DriaCipal and OEV F.LC?ERs tNSL'RANCE COMPANY
as surety, art held dnd firmly Dpund unSa Lne C\ty of Rantha
Luc am Dogs (herefnaf ter called "Litt'^), in the penal sum of One
Hundred Sixty Two and No 100------------- --------0pllars
'jS 16 .000.00 aw ul money o the United Sates, for the payment
pf wn wh sum well and truly to be made, we Di ntl ourselves, ear
heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The cond5 tfan of this o0l igation is such that if the above
bounded principal, his or its heirs, executors, administrators,
Successors or assigns, shall in all things stand to and abide Dy,
end well and truly keep and perform the covenants, conditions end
provisions in the said agreement and any alteration thereof mode
• as therein provided, on his pr their part, [o be kept and
performed at the time and in the manner therein specified, and in
all respects according to their true intent and meaning, and
s Mll Intl emnify and save harmless City, its of /teers, agents and
employees, as therein sL iDUlated, then this oDliget ion shall
D ec ome null and. void; of herwise, it shall De and remain in full
force and effect.
As a part of the 0011 gation secured Ae reby and in add5tian to
Lh! face amount specified therefor, there shall De included cos [s
+nd teas on able expenses and tees, including reasonable attorney's
' fees, inc urretl Dy City in su<cessf ally enforcing such obligation,
all to De faxed as casts and included in any judgment rendered,
TAe surety hereby Stipulates and agrees that no Change,
extension of time, alteration or adds lion to the terms of the
' aqr Bement or to the work to De De rf or med thereunder or the spect-
,.
" ffcat ions ace om Denying the same shall in anywise affect itf
...
' obligat5 ohs on th5s bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the
terms of thr ear eeme nt or to the Bork or to [he sped /i Utioni.
SYCA)IORE I:: \'F.STNENT3, A JOINT VENTC RE
ent has been duly executed oy
~
By: I,INCOIJ: 5A'J INGS & LOA.Y ASSOCIATION , on 'ebruarv lat. 19P.
:, A Cal,tc rn is corporation
.__. ra tv: =y,,.,~r1 v~«~~~_ ire oevla.onecr I:15caANCI: co,a+ANx
-.--( ui-rttY~--
'
By: ELITE I
~F.C FIApgF;NT COSIPANY, A GE.': F:RhL
PAR'i NhR5HIP by lts General Pan nets s~ .~
BY: A.~~ i-+.
El see 0>rvf ingmen C Pant. toe. `jAttorneY•i n• acY
~' . ~ /
Da vtd C. Oa r.feq
BY: /-''G'~_?'! A.`2*+`~~
_
Richard .J ~ asbrouck, pres IORNET TO All BON03
Henderson F'I nancial, inc. - NOFARIICa
^
Charlex H.
iic Ade r~oJS
~ca
j
_
.
' 90ND NO.: 910033-A
/ LAeDR ANO MAT ERIAL HEN BOND PaEffiI;H INCLEDED
NHEREAS, the City Council of Ue City of Rancho Cucamonga,
Slate of California, and S~.c amo re Invesicents. A Joint Venture
(hereinafter designated as "pr\nc io 6l"~' nave entered into an
agreement whereby principal agrees to install and complete
certain designat eA public improvements, which said agreement,
dated January 19 198_y and identified
as prat ect ract F11999 is hereby referred to and made
a Dart hereo anf a`-
NHEREAS, under the terms of said agreement, print iDal ii
reguiretl before entering uDOn Lhe performance of tAe work, to
file a good and su(f icient payment bona with the City of Rancho
Cucamonga to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division 3
of Lhe Civil Code pf the State of Cal if ornla.
NON, TNEREF ORE, said principal and the undersigned as a
corporate surety, are held firmly bound unto the City Of Rancho
Cucamonga and all conir actors, suDCOntraci ors, laborers,
materialmen and other pers ani employed in the performance Of the
aforesaid agreement and referred to in the aforesaid Code of
Civ51 Procedure in the sum of Ei htv One Thousan ~n~lnn-__ _
Dollars (S B1 ,OOD.O~, far mat ertals urntshed or labor thereon of
any kind, or fog amounts due under the Unemployment Insurance Act
with respect to such work ar labor, that said surety will pay the
same in an amount not exceeding the amount hereinabove seL forth,
and also in case suit is Drought upon this Dond will pay in
addition to She fate amount thereof, costs and re as ono Dle
e ap enses and fees, including reasonable attorney's fees, incurred
by GiLy in successlolly enf or cin9 such vbli9at ion, to be awarded
and fixed by the court, +nd to De taxed as costs and Lo De
included in the ,l udgment therein rendered.
It is Hereby expressly stipulated and agreed [het this DonO .
shall Snore to Lhe Den of it of any and all persons, comDani es and
corporations entitled to file claims under Title 15 (comment inq
w5 th Section 3082) of Part 0 of Oiv icon 3 of the C5vi1 Code, so
as to give a right of action to them or their assigns in any suit
brought upon this bond,
Should Lhe condition of Lhis bona be fully performed, 6heu
this obligation shall become null and void, otherwise 5t shall be
and remain in full forte and effect.
The surety AereDy stipulates and agrees that no change,
eat ensf on of time, alter at5pn or addition to the terms of said
agreement or the specif scat{ohs accompanying the same spell in
any manner affect its obl igativns on this band, and tt does here-
by waive notice of any such change, eat eniion, alteration or
addittan.
IN NITNESS NNEREOF, this instrument has been duly executed by
the principal ono surety above named, on = ebraa rv lac, 1994 ,
198
SYGA110RE I::V ESTIENTS, A JOIXT VENTL'R F.
Oy: LINCGLt: SAVINGS k tAe\Y ASSOCIdT 108
A California corporation
~~{-m/~ 7~/-
Tile: ~P'_tn L.GF r/:ES.-_
y': ELFTF. GEVF, I,OVAIENT COSIPgNY, A OF:Afi RAL
PANTN EHSIIIP by its Genera] Partners
E1 ite 0e~e1!ahmen Co Panty inc.
lcha «-)~ asbrou rk, Pies,
tle nderson Financial, Inc.
arlee ~. IenSurson, ~s
[ore DF.V FLO?GRS INSV Rd NCE r0>IPANY
--(Su~ety7----
BY: ~-~~
--(Rltorney-tn- act
David C. Ba nEer,
fTORNET TO All BONGS •
BE NOiAR12E0
~/1
C~
suaolvlstox 1 ~
GUARANTEE NO PEAF OpMgNCE ~ p 1151 J
- (SETTIM6 OF FINAL MONUME MT6) 1 3
C1ty Council V
City of Aancno Cucamonga
P. 0. aox B07
poncho Cucamonga, California 9173)
Gentiemen:
Pursuant to Chapter 4, grticle 9, Section 66497 Of the Government
Lode, the undersigned Hereby agrees that all monuments shown on
the f1na1 map of Tract a1179T are to De set
and furnished Dy t e su divi er's engtn eer or surveyor on or
before as specified in the
Engineer's or urve yor's erti ~c ate an agrees so furnfsh the
notes thereon [o complete all engineering requirements specs tied
in Section 66497, mf the Government Cade,
~
The undersigned hands you he rewi[h the sum of t iL59 .nr
as a cash de pDSi t, said deposit to guarantee that the monuments
will De set and the notes faro tined a above pr ovi0ed on or
before the date spec i/fed and that the <n91nelr or surveyor will
De paid by the undersigned,
It is further understood and agreed that to the even[ the
undersigned fails to complete the aDOVe requirements within the
time specified, the C1ty of Rancho Cucamonga Ii authorited to
• complete said requirem cots or cause them to De comp feted and the
cost thereof is to be a charge against said cash deposit, and tn!
City o/ Ranc nO Cucamonga is avthprixed to make the necessary
transfer from sate cash deposit [o Me credit (or the proper city
fund,
It is further agreed that 7/ the undersigned does hoc present
evidenre to the City Council that he has paid the engineer Or
surveyor far the setting of the final monuments, and if ehe
engineer ar surv ey0r glues the notices prescribed in Settion
6649] of the Gpvernment Code, the C1ty shall pay to said engineer
Or S¢rve yor, the Cash depetlt herein made,
If the cost of camplet ing said requirements exceeds the amount of
the cash deposit, the unders igne0 agrees to pay the di//erence
within thirty (30) days after receiving written statement from
the City of Rancho Cucamonga spec ifyin9 the amount Of th¢
difference between the cash deposit and the actual cast of said
requirements.
Cordially,
E~(rG AEI~G~,Iv"lY('Nr L~'~ip{{~f~ , Subdivider
1941 IRUINL- Y7Lr,9 ~m~'tP /(~ Address
Date /-19-d7
The de positer of record (for return of any portion of the cash
deposit) shalt be
tN
~ ~~7';'~~'~ Ecirr-. fir-i~rLnmErrr (~c.
~ (Name (~------address
• NOTF: TD BE SUeNITTEO FULLT FILLED OUT AND SIGNED
~~~ r~3
11
RECORDING REOUE STEO BT:
and
YHEN RECORDED MAfI T0:
CITY CLERK
LITY OF RPNLNO CUCAMONGA
P. 0. Bov 807-
RANCHO CUCAMONCA, CPL IF OP.NIA 91730
REAL P0.0PERTY IMPROVEMENT CONTRPLT qN0 LIEN AGREEMENT
// TNIS P40.E EME NT, made and entered into this _.L_ day
of /~~~2Ll.~V , 19t~~ by and he bn een Sycamore
]nvestments, a Joint venture (hereinafter referred to as
"0eveloper"), and the CITY OF RANCHO CU[AMONGA, LAL IF ORNIA, a
municipal corporation (Hereto of ter referred to as "[t6y"),
provides as follow;
NMERE AS, as a general condi [ion precedent to the
recordation of Tract 11797, the City requires the cD nstr uc[i on of
-- missing Olf•sit¢ street imDrOVem ents including lan d5tap¢d median
island adJ scent to the property to be developed; and
NHEREPS, the Oeveipper desires to ppstDOne construct;on
of such improvements unfit a 1a[er date, as determined by the
City; antl
NNERE q4, the City is a9r eeable to such postponement
provided Lh at the 0¢v eloper enters into [His Agreemen[ requ5ring
the OeveloDer to construct said improvements, et no eapense co
the Lity, after tlem and to Oo 5o by the City, vhl ch sold Agreement
shall aiso provide that the City may construct said imDrovem 4ntt
if [he Oevelap er fails or negie<ts tD do so and LAat the City
shall have a Ilen vpo~ the real properly hereinafter described as
security for the Developer`s performance, antl any repayment due
LitY.
•
1
~~~
;:
n
u
NON, THEREFDRE, THE PARTIES AGREE:
1. The Developer hereby agrees that [hey will install
off-site street improvements including one-half landscaped median
island, meter ar,d appurtenances cpnti qu ous t0 said Trott Map ND.
13797 in accordance and compliance with all applicable ordinances
resolutions, rules and regulations of the Lity in effect at [he
time of the installation. Said lmprovem ents shall be installed
upon and along Arthib aid Avenue.
2. The installation of said improvem en[s shall be
completed nD later than one (i) year following written notice to
the Developer from the City to commence installation of the
same. Installation of said impr ovments shall be at no eepense to
the City.
1, In the event the Developer shall fall or refuse to •
complete the installation pt Safd fmDr avements in a [finety
manner, City :nay at any time thereafter, upon giving the
Developer written notice of its intention to do so, enter uDOn
the property her einaf t¢r described and complete said improvements
and recover all costs of completion Incurred by the City from the
Oevelaper. Each parcel created by retardation of said map shall
be su Odect to a Orar at ed amount pn a Der acre basis.
4, iD secure the performance by the Developer of the
terms and conditions o/ thfs Agreement and to secure the
repaym en[ to City of any funds which may be expended by City in
completing said impr avem ents upon def aul[ by the Developer
hereunder, the Developer does by these presents grant, bargain,
sell and convey to the City, in trust, the following described
real property situated in the Lity of Rancho Luc am anga, County of
San Bernardino, State of Cali/ornla, to-wit;
(Ie9ai descrip6fan) Trac~ 1jd 11199 F~eal in )»•k, •
pales a4 NwPs e41.1a_ c•aw~Y
Reta~Jae •4 1Ma CSC rn~.7.
2
~~ s
`~
5. This conveyance is in trust far the purposes
described ahpve.
6. Now, therefore, if [He Developer shall faithfully
perform all of [6e acts and things [o De tlane under this
Agreement, then [hls conveyance shall be void, otherwise, it
shall remain in full force and eft ec[ and in all respects shall
he considered and treated as a mortgage on the real property and
the rights and obligations of the parties with resp ec[ [hero to
shall De governed by the provisions of the Civil Lode of the
State of California, and any other applicable stature, pertaining
to mortgages on real property.
7, This Agreement shall be binding upon and shalt inure
to the Den efit of the heirs, executn rs, administrators,
successors and assigns df each of the Oarties Hereto.
8. io the extent repuiretl to give e/f ec[ of this
Agreement as a mortgage, the term ^~eveloper" shall De
"mortgagor^ and the City shall he the "mortgagee" as those terms
are used in the the Civil [ode of the State of California and any
other statute pertaining to mortages on real property.
9. N legal action is commenced to enforce any of the
provisions of this Agreement, to recover any sum which the City
is entitled to recover from the pevelop er Hereunder or to
Poreclose the mortgage created h¢feh y, then the prevailing party
shall be entitled to roc aver its costs and such reasona0le
attorneys fees as shall De awar dad by the Court.
J, ~ // `
IN MITNESS 'JHEAEOF, the parties hereto have eaecu [ed
this pgr eemen[ on the day ana year firs( above written.
c[Tr
CITY OF gANC40 C'J LANOiIG A,
[AIIF OR9[A, a municipal
corporation
By:
J00 p, '4t R25
Mayor
ATTEST
DEVELOPER
BYCAHORE I\VEST16NT5, A JOINT VENTURE
By: LINCGLI: SAVINGS & LOAN ASSOCIATION
A California corporation
BY: C ~•~'c
Title:' - \
`J
By: ELITE GEVELOPa~NT CORPANY, A GENEML
PARTNERSHIP by its feneral Fart ners
Lauren M. Nassarman Elite el Vme C Inpan In .
City Clerk /~ /~
.o...eu e.n.we.u....a.o.,r.w., BY:r ..~K a- +G^~
Sebare ~f. asbrouck, Pres.
STATE OF CALIFORNIA ) Henderson Financial, Inc.
ss ^
COUNTY OF SAN BERNAR DI NO) By: ~`.. !'~~F~~ _~~
Dn ~9~Chu les~~N(~~~ntlerson, Pies
the undersigned Rotary Puo ic, { ay' ~
harles JacM Tarr, indie idvally
pCfso^ally knOwO t0 me LO Ee .
LBLAMDtIGA, CALIFORNIA, a municipal corporation, and known Lo me
to be the person who eaecu [etl the within instrument on behalf of
slid municipal <drdor anon, and acknowlee9etl to me that such
manic ipai corporation executed it.
NIiNE SS NY HAND AND OFFICIAL SEAL.
Notary Slgn afore
STATE OF CALIFORNIA )
COUNTY OF SAN BERNAR OINO) sa
O^ ,19 ,before
me, -
th¢ undersiDnee Notary ubl is persd pally appeared
known to me tp e t e
person s whd se name s su scribetl [o the within
instrument and acknowl eged [ a-Ti t - executed it.
W[ifl ESS MY MANO ANO OFFICIAL SEAL.
Notary ign afore
XOTE:MHEN OOCU NENT IS ENEL UTEO BY A CORPOA ATION 00. PAgTryER SNIP,
TNF ABOVE JURAT IS NOT ACCEPTABLE, q LO RPORpTION/PARTNERSHIP
JURAT IS q~N~IfEO.
APPFd~i:B AS i0 fORM •
raR
A 6/ _
I:.:.'.,.':.:l :aa
a{xw crti;:.a vurmea
~~
ti
• RECORDING 0.EOUf STED OV:
and
YNEN RECORDED MAIL T0:
CITY CLERK
CITY OF RANLNO CU[RMONGA
P. 0. Rox Y07
RANLNO CUCAMO HGA, CAL [FORMA 917]0
REAL P0.0PE0.TY IMPROVEMENT CONTRACT ANO LIEN AG0.EEME NT
s~ 'THIS AGREEMENT, made end entered into this ~ day
of /Gi~i/~.r.lV 19 r~ by and be taeen Sycamore
Investments, a Joint venture (herein al ter ref err etl to as
'Developer"), and the CITY Of gANCHO CUC AMONGA, CALIFORNIA, a
municipal corporation (Here in of ter re/erred to as "City"),
provides as foilaws:
WHEREAS, as a general condition precedent [o the
• recordation of Tract 11)97, the City requires the constructs on o/
missing off-site sLree[ impra vements including landscaped median
island adJac en[ to the property Lo oe developed; and
NHEREAS, the Developer desires to postpone construction
U( SUCK Im pr OV eme0t5 UnNI d /filer date, as determined by the
City; an0
NNEREgS, the City is agreeable to such postponement
provided tAat the Developer enters Into this Agreement requiring
the Developer to eonsLr uct said improvements, at na expense to
the City, otter demand td do sa by the City, which said agreement
shall also provide that the City may construct said improvements
if the Developer fails or neglects fa do so and that the Ciiy
shall have a lien upon the real Dr oper ty hereinafter described as
security for the Developer's performance, and any repayment due
City.
r
L J
~~• /~ B
I~
•
NDY, THEREFORE, THE PARTIES AGREE:
1, the Developer hereby agrees [hat they will install
off-site street improvements including one-half landscaped median
island, meter antl appurtenances ca ntiguous m said Tr ac[ .Yap No,
11797 in accordance and compliance with all applicable ordfnances
resolutions, rules and regulations of Ch_ Lily in effect at the
time of the ins taltation. $aid improvements shall De installed
upon and along Archibald Avenue.
2. The insW Nation of said improvements shall be
cOmplet ed no later than one (1) year following wn tten notice to
the Developer tram the City to camaence installation o/ the
same. Inst alla[ion 01 safd imOrovmen is shall De a[ no eep ense to
the City.
3. In the even[ the Developer shall fail Or rN uSe LO •
complete the installation oI saia improvements in a timely
manner, City :nay at any time thereafter, upon giving the
Developer wri [ten notice of its intention to do so, enter upon
the property herelnaf ter tlescrfbed and complete Said imps vemen is
and recover all casts of completion Incurred Dy the City Irom the
Oevelaper. Each parcel created by recOrda[f on at safd map shall
be subject to a prorated amount on a per acre basis.
4. To secure the pert orm ante Dy [he Developer o/ the
t ermi and conditions of this d9r eeme nt and to Secure Che
repayment to City of any funds which may be eepended by City in
completing said improvements upon default by the Developer
hereunder, the Developer does DY these presents grant, Dargaln,
sell and convey to the City, in trust, the /ollowing described
real property situd [ed in [he City Of BdnChO Cut dmoDgd, Lppnty Of
$an Bernardino, State of Callfornf a. [o-wit:
(1e9a1 description) Trae4 Igo II199 Ford th Bw'k' .
la.~af •L Kw a •4 ~ise_ t. ae ~~
Re. c.. far . L s..6 CoKw G.~ .
2
//9
n
u
5. This conveyance is in trust far the purposes
described above.
6, Now, therefore, ff the Developer shall faithfully
perform all of the acts and things to be done under this
Agreement, then th 15 Conveyance shalt be void, Otherwise, it
5ha7: remain in full farce and effect and in all respects shall
be can sidered and treated as a mortgage an the real property antl
the righ [5 and obiigati0ni of the parties vitA reSpeCt thereto
shall be governed by the provisions of the civfl [ode of the
State of Cali/ornia, and any other applicable statute, pertaining
to mortgages on real property.
7. Thit Agreement shall be binding upon and shall Inure
Lo the benefit of Lhe heirs, eae tutors, administrators,
succ essays and assigns of each of the parties here [o,
B, To the extent required to give e/f ect of this
Agreement ai a mortgage, the term "Developer^ shall be
"mortgagor" and the City shall he the "mortgagee" as those terms
are used in the the Civil Cade of the State of California and any
of Aer statute pertaining to mortages on real property.
9. If legal action Is commenced to enforce any of the
provisions of this Agreement, Lo recover any sum ehich the City
is entitled to recover from the Developer hereunder or to
foreclose the mortgage created hereby, Then the prevaliing party
shall be entf tled to recover Its costs and such reaip na ble
attorneys fees as shall be awarded by the Court.
'•
3
~ZO
4
IN NIT'IESS NN EREJF, the parties hereto have executed
this Agreement on the Gay and year firs[ above wri t[en.
CITY
CITY OF RANG MO CUCA'W SG A,
CALIFORNIA, a municipal
torpor atidn
By:
00 'y'. '11K25
Ydydr
ATTEST:
DEYELOPEq
SYCAHOHE II:VESTNENTE, A JOIb-1' VENTNRE
By: LINCOLN SAVINGS & LOAN ASSOCIATION
A Cal iEO rn as corporation
sy: l;i' G?1
Title:' ~
By: ELITE IIF.VELOPMENT CO?IPANY, A GENERAL
PARTNERSHIP by its General Partners
Lauren N. Aasserma r' Elite 1 pme) C Mpan In .
City Clerk _ t
ecexeaa...x....e.......... a. u.. By°i '.~.x,/ 6, eat..-_~
l chard ~i .~l asbrouck, Pres.
STATE OF CALIFORNIA ) Henderson Financial, Inc.
COUNTY OF SAN BERN ARDIND) ss Ey: ~' io .~
On Charles Gerson, Pres
me ~
the undersigned notary ub ~c, I Dy' ~~c~~' ~'~
personally known LO me to pe harles Jacko Tarr, andividuall:
LUCAMO NGd, CALIFORNIA, a mun tcipal corDpratian, and known to me
to 6e the person who executed the within instrument on behalf o/
said municipal corporation, and acknowledged Lo me [hat Such
municipal co rpor a[ion execut eG rt.
N[TNESS MY NAND ANO OFf ICIAL SEAL.
No Cary Signa la re
ST AiE OF LAL IF Oft N[A )
J 55
COUNTY OF SAN NEq NAR OINO)
Dn ,19_,bef ore
me,
the undersigned Notary uo is personal y appeared
known [p me to a [np
person s wnose name s su scribed to the within
Instrument and ack now7egeG that execu LeG it.
NIiNE 55 MY NAND ANO OFFICIAL SEAL
dd tary ign azure
NOTE:NHEN DOCUMENT IS ENECUTEO BY A CORPORATION OR PARTNERSNIP,
THE ADDYE JURAi IS NOT ACCEPT PRLE. A CORPORATION /PART NERSNIP
JUR AT IS RE II ED.
APPSD'kil AS i0 FDNM •
rart
A na --- n:x j
wrma~a;::. c..: c.ur.,.:u 11
c1.. ' ~'
RESOLUTION N0.,83-H7=1I7CR Q ~-~O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND REAL PROPERTY IMPROVEMENT
CONTRACT AND L[EN AGREEMENT AND FINAL MAP OF TRACT N0.
11797
WHEREAS, the Tentative Map of Tract No. 11797, consisting of 4 lots,
submitted by Elite Development Company, Subdivider, located on the east side
of Archibald Avenue, north of Base Line Road has been submitted to the City of
Rancho Cucamonga by said Subdivider and approved by said City as provided in
the Subdivision Map Act of the State of California, and in compliance with the
requirements of Ordinance No. 28 of said City; and
WHEREAS, to meet the requirements established as prerequisite to
approval of the Einal Map of said Tract said Subdivider has offered the
Improvement Agreement submitted herewith for approval and execution by said
City, together with good and sufficient Improvement Security, and submits for
approval said Final Map offering for dedication for public use the streets
delineated thereon.
WHEREAS, installation of a landscaped median island established as
prerequisite to issuance of a building permit has been met by entry into a
Real Property Improvement Contract and Lien Agreement by Sycamore Investments,
a joint venture by Elite Development Company.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, as follows:
1. That said Improvement Agreement be and the same is
approved and the Mayor is authorized to execute same
on behalf of said City and the City Clerk is
authorized to attest thereto; and
2. That said Improvement Security is accepted as good
and sufficient, subject to approval as to form and
content thereof by the City Attorney; and
3. That the offers for dedication and the Final Map
delineating same be approved and the City Clerk is
authorized to execute the certificate thereon on
behalf of said City.
4. That said Real Property Improvement Contract and
Lien Agreement 6e and the same authorizes the Mayor
and City Clerk to sign same, and directs the Cfty
Clerk to record same in the Office of the County
Recorder of San Bernardino County, California.
C~
J
~p1
~ 1Z
CITY OF RA,ICHO CUCASIONGA
STAFF REPORT
•
DATE: March 7, 1984 ~y'%
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: John Martin, Assistant Civil Engineer
SUBJECT: Approval of Improvement Agreement, Improvement Security and Lien
Agreement for DR 83-13, submitted by Jack Butler, located on the
south side of Foothill Boulevard Between Hellman Avenue and
Vineyard Avenue
The attached bonds, improvement agreement and •l ien agreement for Development
Review 83-13, located on the south side of Foothill Blvd. between Hellman
Avenue and Vineyard Avenue, are submitted herewith for Council approval. This
project was tentatively approved by Planning Commission an July 13, 1983. The
lien agreement is submitted for construction of a one-half landscaped median
island on Foothill Blvd.
The bond amounts submitted are as follpws:
Faithful Performance Bond (Streets): f79,000. 50
Labor and Material Bond (Streets): E39,500.00
Faithful Performance Bond (Storm Drain): f135,000.00
Labor and Material Bond (Storm Drain): f 61,500.00
•
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution for
Development Review 83-13 accepting the bonds and agreement and lien agreement
and authorize the Mayor and Cfty Clerk to sign on hehalf of the City.
Respectfully submitted,
LBf(: JM: jaa
Attachments
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~.r°"~nn~O' CITY OF RANCHO CUCAh90NC'A ~ ti le~
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E`~I ~ ENGINEERING DIVISION
~~ ~ s VICINITY MAP N
im P~Be
CHAFFEY J
)ANT UNION
of
O O O
HIGH SCHOOL DISTRICT •°N~°~•;°•';°°.
tlt µF Si itRN STREET. UHTRRIO CsLIFOeNIL 91)63 ..~. " ~ ~ ~. ,
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~. . , ~ ' ~~8.. L A ...,.....,... ..,. ~... . ~., , 1847UCentinelOC.~„
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u October 21, 1983 Santa Monica,lCAAve
90404
~~ Letter of Certification
of School District Capacity
within the Chaffee Joint Union Hieh School District and the
Alta Loma ign coo attendance boundaries for the
oliowir.g describe oro3ect:
Location/Description: Foothill B1 vd. east of Vineyard
Rancho Cucamonga, CA
• Number of Dwellings: 230 apartments
Anticipated Completion Date: Fall of 1984
The school district hereby certifies that the capacity for
35 students will he provided within 24 months of the
comnietion of the above prcject. This certification is given
on the condition that the Mate of California continues tc
fund the provisions of the Lercy G. Greene Lease/Purchase Act
of 1976, or any successor Act, in such manner that the State
A.l location Board may fund all school building projects under
its current rules and regulations without priority points.
The commitment of this capacity shall expire 90 days from the
date of this letter. Approval of the final map gr the issuance
of building permits by the City of Rancho Cucamonga within that
90-day peziod shall validate such co^runitment.
9aperxntertaetrt Asst. Superin~te/n~de~nt
by Dianne Allen~~~~
cc: Planning Division
City of Rancho Cucamonca
/~s
C
Ceni~~~l Sc~.ool `~iSi~ici
5757 Foothill 61'+d. - Fanrho Cu<omongn, CA 91730 - 17141 989-8571
C
AD/hINISTx A TIOtI
Fronk A. Cosrc, Jr.
m.mu s.p..,~.u;,a..r•
John A. M[Clary
e.,,rs.r s.e.ora.~mm, ro,o~•.r
Thomos W. Darnel:a, Ed.D.
Awnom S~ar,~nnm.m, e.:~~a. so•n..
Dececber 20, 1983
Date
LEisER OF CF.RT iFICAT iOir' FOR GCHOCL DISTRICT CA.?ACDTY
Hithin Cen :: al Schcol District z-d Ceara'_ Schecl District a2 terdance boundzries
for t;:e falls:sirg described pro; ec::
Deveic_er 9LT Par'-:e^siio :;o. 1
Loco :ion/Description ,,'=DR 33-13: S/s Fcctiill 3 47C °eet east of Vineyard
NuMer o` ~deliirg Units 290 P.oartcen is (52 ^< DDPPI, 179 1 2CP3! or ef`ic ier.cv)
Antiupzted Corpla*_ion irate Seoter.Wer, 1994
Gen tle. zr.:
The Central School Dis ;ric_ hereby certifies fiat it ;;ili provide c=_;+ad :y for
15.-, students in grzdes K-9 living in hogs ink c~a to be ccnrructed ir.
the abode residential developnen;. This cerr 'iczr.icn is give.: cn the cord it ien
that: 1) The d=_velooer and disL^ict F,ave executed :he " _reener.; for Finzncing
Public School FaciL't ies znd Es to blisF.ing Interi;,i Fees ". a:,d 2) ^!:e developer
' continues io cenply ~:+ith the terns and conditio^s of ;he Agreerleu:.
•
The conai:nen; of this letter shall expire ninety (90) days fron the date of this
letter. i{o::ever, the district agrees to issue Furth^_r ;,e;tors of Certification
to this devclo~er so long as the executed Agreem_rt bets+ecn developer zrd district
remains in effec:.
:his i.e;ter of Certification icr Schm1 Distri c: Capacity shall be nonass is ah'..e
and a!1 assig-, r..ents are nail and void. ~ ,
App. royal of tie Final r..ap or the issca^.ce e` be i'_?irg ce^,its by the City o°
P.2ncap Cucano :~a sr?:^in .,... 90-day :`-. _.,.. shai: vs'_i'_a :e such ccmmi:-ent to rh is
devcic^ar.
Sincerely,
// I
Frank A. Ccsca •
$LpeCin :'f^, Gfat
12/83
f!1.n ,fie i1 L'S-f :5 1
look MaKeleey lowrenm N'. Du11on Rmh A, Idusser Gkn E. Ogden Pemc!o J, 15'•i5F.1
y~~_ , i t
•:'. ~ ROBERT NEU FELp
'^ua/ a...a... c,,..a nle,.w.
.000AMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL
.. ~ n. P.w
EA RLE R, ANDERSON
BEVERLY E. aqA DEN
VICTOR A. CHEReA K. JR.. Pm.i<mo CHARLES A. WEST
January 16, 1984
7 s+ ~ 7^' f y
~-. ~y 3 .~
i
City of Rancho Cucamonga . r ~- ;•, •,,; ,; I,; 0~~,, .;,.i„P.I
Engineering Department ~.~;i •~~;• •.~
P. 0. Box 807 ~ ~I ~'~ "'
Rancho Cucamonga, CA 91730
Attention: Mrs. Barbara Krall
Gentler„en:
BLT Partnership No. 1, Developer of the Pepperwood Apartments,
• located on Foothill Boulevard between Ete llman and Vineyard,
situated in Rancho Cucamonga, have deposited with this District
a Material and Labor Bond, a Faithful Performance Bond, and a
Utilities Improvement Agreement.
These bonds and agreements, previously filed with the County,
are now being accepted by this District as an assurance that
said improvements will be provided, as stated, within the
boundaries of the Cucamonga County Water District.
In addition, this letter is to verify that the above referenced
Developer has complied with all requirements for development
that are mandated by District policy.
Yours truly,
CUC~AM~ONGA COCNTY WATER DISTRICT
/.r/~~~~CJI-
Betty Fien
Secretary
b
~~7
1
1.
CITY OF gAMCNO CO CANOXGA
IMPgOVEMENT A6REENENT
FOR n
_~ ~ ~Cp[~a~Mwnj RtY,eW Bs-tJ
KNON pLL WEN BY THESE PRESENTS: That this agreement ii
Wade and entered int 0, in conformance with the provisions of roe
Municipal Code sad gegulations pf the City of gaucho Cucamonga,
State of Cal ifprnla, a municipal corporation, hereinafter referr-
ed to as the City, by and he tween Said E1[y
and BLT PANTYERSHIP N0. 1 hereinafter referred to as
the eve pp er.
THAT, NHEgEA2, Said Oevel pDer desires to develop certain
real prop er[y in said City located at ?055 Foothill Boulevard
gmcho Cucampnca , dn0 '--
NHEREAS, said City has eft aDiished certain requirements
to be me[ by said Oev<loper as Drerequisi to to granting of final
approves; and
NN EREAS, the execut tpn pf this agreement and pasting of
imprDVerve nt security as hereinafter cites, and apDr'oved by the
City Aitarney, are de emetl to De equivalent t0 prior completion of
safd requirements Ior She purpose of securing said approval.
NON, THEN EFOft E, it Is hereby agreed by and bei ween the
City and the Oeve leper as follows:
. 1, The Developer hereby agrees to ca ns true[ at
develoFer'a expense all ImDrOVem en [5 tlestriDed pn page a herep(
within 12 months from the date hereof,
2. This agreement shalt he effective on the dace of [h@
resolutf on o/ the Council of said [f ty approving this
agreement. 7Dfs agreement shall De in default on the day Iollow-
Ing the first anniversary date o1 said approval unless an exten-
itan p( [imp has been granted by said City as hereinafter prpvid-
ea.
3. The Oevetoper may request addi[lonal time in which
to complete the provisions pf this agreement, In writing not toss
than 30 days prior to the default date, and including a statement
of circumstances of necessity far addiilpnal time. In considera-
tion of Such request, the City reserves the right to review the
provisions hereof, Including tgnitructton standards, cost
e it lm ate, and fuf (ICt envy of the improvement security, and to
require ads ustmen [5 theretp when warranted by substantial changes
t he re ln.
A, H the Oevelpper falls Or neglects to comply with
Lhe Orovisions of [his agreemene, the City shall Dave the right
a[ any time to cause said provisions to be completed Dy any (aw-
ful means, and thereupon to recover from said Oevel oD er and/or
his Surely the full cost and expense incurred to so doing.
5. Construction permits shall De obtained by the Oe'vel-
aper from cue office pf [ne City Engineer prior to star[ of any
work within the pubt lc right-Of-way, and the developer sha 11
<o nduct such work In full compliance with the regulations
contained therein, Non-compliance may result in stopping o/ the
work by the City, and assessment of the pen alt les provided.
• 6. puDilc righ Fp(•way Improvement work required sha71
De cons Nutted In con lormence with approved Improvement pions,
Stand and Spec i(tc anon z, and Stand and Drawings and any sp eel el
-i-
l `~ ! ~ 7
S, F., O.A.. Def.. D.H. .flip
amendments thereto. Con stru<tion shall inc lud¢ any transitions
and/or- other incidental work deemed necessary for drainage or '
public salety. Errara ar ommissi Ops discovered during construD-
tion shall he corrected upon the Oirettfon pf the City
Engineer. Revised work due Lo said plan modif is atians shall be
covered by the provisions of this agreement and secured Dy the
surety covering the original planned works.
7. Hork done within eat sting Streets shall De diligent-
ly pursued to completion; the Lity shall have the right to
complete any and all work in the even[ 0/ unjustified delay in
comptef ion, and to recover all cost and expense incurred from the
Dev elD Der and/or Dis cpntr actor by any lawful means.
8. The Developer shall De resDOnsi ble far replacement,
relocations, or removal of any component of any it-ig anon .rater
system in mn(17ct with the repvi rgd work to the soli sfactf an pf
the City Engineer and the awn er pf [he water system.
9. TDe Developer shall be resp onsf hle for remov at of
all loose rock and other debris tram the public right-pt-way.
ID, The Developer shall plant and ~e~ntatn Dark way
frees as directed Dy the Community De vetppm enf Direc tar,
ll. The improvement securl[y to De furnfshea Dy th¢
Developer to guarantee completion of the terms of this a9reemen:
Shall De 5ubj ec[ to Lhe approval of the City at[prng y. The pnn-
cipal amount of said fmprpvem en[ secure [y snali not b¢ 1g 5s to an •
the amount shown:
.q.
l ~ /`~
FAITHFUL PERFORMANCE
Type: Rand Principal Amount: ]9,000.00
Name dnd address of surety: Fremont Inde~ity Company
Los Ange lcs, Cat ifoin is
MATERIAL AND LA 800.
TYpe: Bond Principal papunC 39,500.00
Name and address of surety: Fremont Ina eami q~ Company
Loz an gates, [alifom is
CASH DEPOSIT MONUME NTATIDN
TYpe: o- Principal ;noun;;
Name antl address of surety:
TD DE PD STED Pq IOR TD ACCEPTANCE RY THE CITY
IN NIiNESS HEREOF, the parties hereto have caused these
presents to be duly edecutetl and acknpvlzege '~i,th all to rmali ties
required by lay on [he daces set 4ort'yDg4osi :heir signatures.
BLT P~ fiE~~ L'qy{
Date ddnuary 30, 1981 by ~ ~~ Oevelpper
~t9nat
• C. Ronald LivinRS mn, Partnersh
Pn n[ep
Oate ~tauiarv 30, 19fliby Q(. ~• ~~ Lt~ 9ev?loo?r
-~ndtJf2
Jack C. out ler, Pa rtncr
an ntea
' pc cepie d;
Llty o/ flan cho Cucamonga, California
~ p Municipal Corppra[i0n
RY: Naypr
Attest:
ttY er'
~~=~ ,~" _
Approved: ~.~, L ~/ /
T' [ity~~r ney
•
DEVELOPER'S SIGNATVRES MUii qE NDTARI2E0
_g_
i
~i ~ ~ ~ ~
clrr of RancND Lvcanonca
CONSTRV[TiON ESTIMATE
ENCROACHMENT PERMIT FEE SCNEDVLE
For Improvement of: 9055 Foo[hilt Boulevard
Date: I/27/Aa Computed Oy: Ermc Flores
File Re er ¢nce: OR 83-i3 City ONg. No.
MOTE: Ones irot include svrrent fre for
Nritin9 permit ar pavement deposits.
CONSi0.UCT10N COST EST LNATE
ITEM UAN UNiT VN /T COST S AMOVN7
P.[.[. Curb - 12" C,F.
P.C.C. Curb - 8" AF. 500 L.F. '. 00 3,500. nn
P.C.C. Corb only 6" L.F.
A.C. Berm (5200 min,)
0" D.C.C. $ideNdlk 0,080 E.F. L JO 6,n 36.an
6" Drive ApOroach 5a0 E.F. 3. 25 1,755.00
8" D.C.C. Crass Gutter
EtnRLxiLCAV6tdlbm Pavemen[ Removed 600 S. F, 1. 50 900.00
Imparted Embankment
Prepar atian of $Obgrade
Crushed Aggregate Base (per in, thick)
A.C. (over 1300 tons)
A.[. (900 to 1100 tons)
a.C. (under 500 to 900 tans)
A.C. (under 500 tons) la, A00 S. F. 1. 50 16,300.00
Patch a,C, (trench)
3"il thick p.C. Overlay 5,900 S. F. . .a I,R]5.00
aelust sewer manhole to grade
Adjust sewer clean out to grade
Ad3ust Nat er valves to grade
Street Lights J each t, 200. 00 0,800.00
Street Signs
Street Treea b each :50. 00 1,500.00
Parkway Landscape and Irrigation
Modi Ey TdfEic Ei goal 1 L.S. 35,000. 00 25,000.00
Moth Ey Pavement E[riping 1 L. S, E, 000. 00 5,000.00
VaiaH lc Th i<kness Overlay ),900 S. F. . EO 3,950.00
Turf Bl eck 100 B, F. 2. 50 500.00
CONSTRUCTION COST >1.691 00
CONTINGENCY COSTS _ 7.169 00
TOTAL CONSTA UCT ION T8,A60.0a
FAITHFUL PERF OflMANtE SURETY (100%) T9 000.00
LABOR ANO MATERIAL $ECURiTY (SOx) 19,500.00
ENGINEERING INSPECitON FfE ~ 9- ,y-
'AESTOAAitOY/OEL RIEAT ION CA'M DEPOSIT 1, n00.00
(0.EFUNOABLE)
MONUMEN SAT [ON SURETY (CASH)' .o- , y
NPUrsuant tp City of RancAo Cucamonga Municipal Cade, T1tle f , CAapter 1.08,
adapting San Bernardlnp County Code Titles, [Motets 1-5, a casA
restmret ion/delineat7on degas it sAall Dc made prior to i ssuance o/ m
Engineer inq Construction permit.
-B- •
`I ~ 13/
•
•
FAITHFOL VERFORMANLE DOIID
YN EREA S, [he City council of the [icy of Rancho Cucamonga,
State of Calif ornla, an0 T Pa rtnershi b'o. 1
(hereinafter designated as "Drlncipal" ave entered vntp an
agreem enf whereby pr incfpal agrees [o Ins[ all end complete
certain designated pu bl le {mpr ovements, which said agreement,
oat ed Januar+ SD 198 Ra and identified as
pr pj let Penne mood Anartnen is (n R. 81-IY1 if hereby rlf Prrld tp dn0
made a part Dereaf;an ,
MHEREAS, said principal iz repaired under the terms of said
agreement to furnish a bond for the faithful performance of said
agreement.
RON, THEAEF ORE, we the principal antl Fremonc :naenll i[• tom an
as surety, are helo and firmly Dou nd unto the [Icy o Rancho
Cucamonga (hereinafter called "City^), in the penal sum of
sevrnty Hinc Thousand and no/100 - - - DOT
dM a money O tba Unl[! $d[es, pr L B payment
of ~wh [h sum well and truly to De made, we bind ourtelvet, !ur
heirs, successors, executorT and administrators, Jpintly and
severally, firmly by Lhese presents.
The condition Of this obi lgaLlon Is svcn that if the above
bounded principal, hit or its heirs, executors, adminlstrato rf,
su aessori or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, cpndlti ons and
prlvis ions in the said agreement and any otter at lln LAereof made
as therein provided, on Dtz or their part, to be ke pL and
per/or med at the ffine and in Lhe manner therein spccif led, and in
all respects according to their true Idt enf and meaning, and
Thall indemnify and save harmless Lity, its officers, agents and
employees, as therein stipulated, then this obligatipn sha 17
become null and void; otherwise, IL sAa11 be and remain in toll
farce ana a/feet,
As a part of Lhe obligation secured hereby and in addition to
the face amount spec if led there/o r, there shall be included costs
and reasonable expenses and tees, Inc lutlfng reasonable attorney's
fees, incurred Dy C{ty in succeisf utly enforcing such obligation,
all to De taxed as casts and included in any Judgment rendered.
The surety hereby stipulates and agrees [hat no change,
extension of time, alteration ar addition to the terms of Lhe
agreement or to the work to De per/ormetl thereunder or the ipeci-
tlcations ace ampanying the Same shall in anywise off ecL ILs
oDligatloni on this bontl, and It does hereby waive notice o/ any
such change, extension o/ time, ai[eratf on or addition to the
terms of the agreement mr to the work or to the spec ificatlons.
___ IN 6': THE SS NHEpE OF, this instrument haf hoes mnv =.ecuted Dy
couxn or~`~u rrn ~c _ _ '~, 11
e o^.. .Janwry' i0, 138[ _ ._-.n.ro~s eme ."aenm^m ,xm.n r^e~K ~",m rm
i ,w s;.;. v"~,o"nn.w.vaa. ... - aIPANY
_ - _- __ _ C. Ronald Liv mast on and Jack C. Butler
s,M,rq.,, la nnl>pmNlo m.mrM wwwula
= inn...a.kw n a m. e.... mw ...e,nn m..nn.,
'act
a *wm.m...._tuo.of flu: _wmnn
F maw.nd Blj _PartnarshiQ_$o_ 1 ___ ; FRAN GIT '
m.....w.v.w wa"..+awaro "w m.lln sn".me • w ~w
~' ufaw.al NfwMrolY M 111N
a w11Maa.;rnN,a waMNrYwwy'
A w"w«_JGa.~~./o..c~.__ i31 mn.w..n..me."n..;,..a
Fran of eahwa
~ BO::b S0.0C 100628
LABOR ANO MpTERIALNEN BONG PReyt l'4: tool
NHEREAS, the City Council of Lhe City of Rancho Cucamonga, •
State pf California, and , .h v
(hereinafter designated as "pn ncipa ave entere into an
agreement whereby prlnci pal agrees to install and complete
certain designated poet i< improvements, which said agreement,
dated Jaauan to 198~~, and identified
as prof ect Pe ervwd a arzren s is hereby referred to and made
a part herlp ; and l .+-13)
NHEREAS, under the Lerms o/ said agreement, pri nc tool ii
repotted De Pore entering upon the performance of the work, to
file a good and sufficient payment hood with the City of Rancho
Cucamonga to secure the tiaims to which reference is made In
Tf tie 15 (cammen sing with Section 3082) ai Part 4 of Division 3
0( the Livil Code 07 the State Of Cal if Orpid.
NOW, THEREFORE, said principal and the undersigned as a
carps rate surety, are held firmly hound unto the City of Rancho
Luc amanga and all contractors, subcontractors, laborers,
mat erialmen and other persons employ ed in the Oerf or manse df the
aforesaid agreement and referred to in the stores aid Code of
Livil Procedure fn tAe sum pt
L
~
00
OOI IaR ({ 39 Spp.9 1, fOr matlYldli furnished Or
dDOr thereon 0
any kind, or or amounts due under the Unemployment Insurance Act
with respect to such work or lava r, that said surety will pay the
same in an amount not exceeding the amount hereinahove set forth,
and also in case suit is brought upon this bond will pay in
add itipn to the face amount thereof, torts and reasonable
expenses and fees, including reasonable et[orney's fees, 5n<u rred
by Cf ty in successfully enlarcing such oDlig atfon, to De awarded
and fixed by the court, and tp oe taxed as costs and to De
lncttded in the ,lodgment therein rendered,
It ii hereby expressly stf pu toted and agreed that this Oond
Shall inure IO the h!nlf it
f an
nd
il •
y a
o
a
persons, COmDdnief and
corparati pns entitled to ii le cis ims under title 1S (commencing
with Section 70 B2) of Part 0 0/ Dtvison 3 0/ the Cfvil [ode, so
as to give a right of action to then or their assigns 1n any suit
brought upon this Do nd,
Should the condition o/ this bond De fully Derformed, then
[his oDligat ton shall hecdme null and voltl, otherwise it shall De
and remain in full torte and effect.
The surety hereby stipulates and agrees to at no change,
ext e0alon 0/ time, dlteratf On Or adds Lion t0 the terms Of said
agreement or the speclf lc ati ohs ac<ampanytng the same snail in
any manner a/PoCt its obligations pn this Band, and it does here.
Dy wa the notice of any such to ange, ext ensign, alteration or
addition,
IN N1TNE55 NNEREOF, th7s instrument has been duly executed by
the principal and surety above named, do Tanun rv 30
1981_. '
- OLT P.1 Ri':1'.R 511@ R0. 1 PP I)IUYT IYp;'}ry iTl' ~'ilalP\V
)Develop;r-) / iSurepy
/ ~~~j j a _..'
`Y! (3lynat_ a _ ~ _" ttorne Y'In- act
/PLEASE ATTACN PONFq OF ATTOq NET TO Alt BONGS •
~ ?
SIGNATURES MUST BE NOTAR11 E0
,r
• RfCOR0IR6 REOUESTEO BT:
and
YNEN RECORDED MAIL T0:
CITY CLEAa
LI TY OF RANL HO [DCAB ONGA
P. 0. Box 807
A ANC HO CUCANONG A, CAU FOR NIA 91730
REAL PROPERTY IMPROYERE NT LO NTRACT AND LIEN AGREEMENT
THIS AGREEMENT, made and entered into this 3D[h day
of January 19 ea , by and
bet we<n BLT Parenershiv No. 1
(hereinafter referred to as "Oev eloper"), and the CITY OF RANL NO
COC AMONGA, CALIFORNIA, a municipal corparatton therein of ter
referred [a as 'City"), provides as tpltows:
NNEREAS, d5 a general condition precedent to the
• lssvan to Of
dev
l
t a building permit for _
th
Ci
d
h PePncr.+ood .\oa rtmentz fD.0. P3-lit
e
opmen
, e
ty require
t
e mnstructf an of missfn9 Otf-
51te street Improvements 10ciutling median curM1 and Inndscavinc
adjacent to the Drop ercy fo be tleve lOped; and
XNERE AS, Lhe Developer desires to postpone cons[r uc flan
of such fmprov ements until a later Gate, as determined by the
City; and
NHEREAS, the City is agreeable to such postponement
provided that the Developer enters into this Agreement requiring
Me Oevelp0 er to construct zatd fmpr ovements, at no expense Lo
the City, alter demand to dp so by the City, which said Agreeme nc
shall also pr ovitle that the City may construct said Improvements
If the Oev elop er fails Or neglects to d0 50 anO that the Lity
511471 hdYe d lie0 upon th¢ redl OrOpCrty herClndf ter described df
security /or the Developer's performance, and any repayment due
CI [y.
•
1
s
/?Y
ND'J, ?H r.R EFOR E, THE PARTIES AGREE; •
.1. The Devel oo er hereby agrees that [hey will
install off-site street improv=mend including
median curb and landscaping
in accordance and comDl lance with all applicable ordinances
resolutions, rules and regulations of the City in effect at the
time of the insiallat ion. Said improvements shah be installed
upon anO along Foothill Boulevard
2. Tne installation of said improvements shall be
completed no later than one (1J year following written notice to
the Developer from the City to comaen c^ installation of the
same. In s[al lat!on of said improvnents shall be at no expense to
the City.
3. In the event the Developer shall fail ar re/use to •
4, To secure [ne performance by the Developer of [he
terms and ca ndit ions of this ggreement and to secure the
repayment [o City of any funds which may be expended by LI[y in
complex ng said improvements upon default by the Developer
hereunder, the Developer does by these presents 7r ant, bargain,
sell and convey to the City, {n trust, the Iollowing descr ibe0
real property situa Led in the Lity of Rancho Luc amonoa, County of
San Dernardfnp, Slate of Cailf Ornia, to-wil:
SC[ L%III BIT "A" 9TTACIIIiD
complete the installation of said im0 rev omen is in a timely
manner, City may a[ any tim¢ thereafter, upon giving [he '
Developer written notice of iIS intention to ao so, enter upon
the property her¢inalter descrjbpd and cpmplet¢ said improvements
and recover all c05t5 of comp letian incurred by the Ci[y from the
Developer.
•
1
/7s
b '
SCHEDULE C
-_ J
E%HIBIT "A"
TN.E LAND rr^,Er'ERr^.ED TO IN THIS POLTCI' IS SiiUAiu7 IN iNE L"OUNTS'
OF SAN 6E.RNar^.OTNO,'STATE OF CALIFOr^.NIA, A!{D l~' DESCRIBED AS FOLLOI{S:
Frir".CEL N0. 1: '
TN.E EAST Oh'E-HALF OF LDT le: SUBDIVISION OF LOT ]0: CUCaldONGa
UINFYAF.D TRACT, SEC770NS a AND 10, TO61hIS^Ir^ 1 SGUiH.~ RANGE ,'•
WEST, SAN 6EF.NAROINO MERIDIAN, IN THE COUNTY' OF SAN BERI{aF.07N0,
STATE OF CALIFOF,NIA: aS FER PIAP RECORDED IN BOOI: 2O OF 11APS.
FaGE 49, IN THE OFFIC£ OF THE L'OUNT'r RFCOrDER OF SAID COUNTY.
E.tiCEFTiNG TNEREFROFI THc' NORTNERL)' ?2O Fe.T OF THE lJESTEF.LY 00
FEc7 O.= THE EAST ONE-HALF OF LOT ]n.
PARCEL NO. 2
THE NOETNERLY c^^20 Fc'ET OF THc" WESTEF.LS' cOG FtcET OF THE EAST ONE-HALF
OF LOT ]c, SUBDIVISION OF LOT 10, CCICANONGa UII{EY'aRD TRACT, SEC710NS
9 AND 10, TO1dNSHIF 1 SOCrTH. RANGE 7 WEST, SAN EEF,NARDINO l1fn^IDIAN,
IN THE COUNTY OF SAN EERNRRDII{0: STATE OF CALIFOP.NIA, aS FER
MAF F.ECt;?Dc'D IN BOOM 20 OF MAPS: PAGE 4+: IN TNF OFFICc' OF iNE
• COUNTi' RECORDER OF SATD COCIHTY.
PAr^^. CEL N0. 3:
AN EASEP!ENi FOP. UNDERGROUND STOF.hI ORAIIIS AND SEi{ERS OUeR THE
SOUTNEF.L1' ?O.OO fEE7 DF THE IJFSTEF.L1' g5s,O0 FEET OF LOi 1 OF
Th'. MAF OF a SUBDIVISI011 OF LOT 10. CUCAPrOh'GA UINEYaRD TRACT,
IN TN.c' CITY OF RANCHO CUGAMONGA, COUNTi' OF SAN BEF.NAF.DIND, STATE
DF CALIFORNIA: aS SHOWN ON THE MAF P.EL'Or^,DED 7N BOOK c^0, FADE
44 OF MAPS, IN THE OFFICE OF THE COUNTY Re'COROEF. OF SAID COUNTi'.
PAGE 0, Sa:i55,'•B
/34
• ..~a
.--- - ,_ ____ ~.~.__... M.~ _
5. This conveyance is fn trust for the purposes •
described above.
6. Now, therefore, if the Developer shall faithfully
perform ail of the acts and things try them to be done under
this Agree men', then this conveyance shall be void, o[herw ise, it
ihail remain 1n full force and effect and in all respects shall
be can sid Brea and treated as a mart gage on the real property and
the rights and obligations of the parties with respect thereto
shalt be governed by the provisions of the Livil Code of the
State of Lai iTorni a, and any other applicable statute, pertaining
to mortgages on real property.
7. This Agreement shall be binding upon and shall inure
to the benefit of the heirs, execu[p ri, administrators,
successors and assigns of each of the parties hereto.
u
8. To [he extent repui red to give eif ect of this
Rgreement as a mortgage, the term "Deve toper" ih all be
"mortgagor" and iAe Li ty shall be the "mortgagee" as those terms
are used in [he the Liv'i [ode of the State of California and any
other statute pertaining to mo rtages on real property.
9. If legal action is commenced to enforce any of [he
provisions o1 this Agreement, to recover any sum which the City
is entitled to recover from the Develop er hereunder or to
foreciose the mortgage created hr. re h y, then the prevailing party
shall be entitled So rec aver Its costs and such reasonable
attorneys fees as shalt be awardeJ by the Court.
•
3
(~:~ `~~
• IN Jt T!IE55 NH Eq EOF, [he Dart ies hereto have executed
this Agreement on the day and year first above written.
C[TT OEYEL OPER
CI TT BF RABCNO
CALIFORNIA, a CVC ANO OGA,
manic iDal ELT PMT)ERSHIP N0.
i. /~'~jy/ ,.
corporation C~1+s H/
utn ~s mrty.v ren r
JOn D. !I1(ei5 ut c erlnU
M dypf
gTTEST
t~
Lauren N. wa55_r man
City Cterk
•a.a..uu.aa......uu..u.......r~..e .......................~~.
STATE OF CpLI PoRNIP )
ss
COUNTY OF SAN BERNAq 0IN0)
On ,19_,De/are
me
the and ers t9 ned Na [ary Puo ic, personally aDpeareD JO'I 0.-.41 KELP,
personally known to me to be the Na ypr of the C7 TY OF RAN[MO
CUCAM ONGA, CAL If 00.NIA, a moniciDai corporation, and known to me
• fo De the person who executed the witnin in s[runent on Deh al/ o/
safd municipal corDOrdt ion, one acknow lepaed to me that such
municipal torpor at ion executed it.
NiTNE55 MY NAgD A'i0 OFF I: IAL SEAL.
-- ao;ary Signa wre
STATE OF CAL IF ORAIA )
) 55
COUNTY OF GAN BEgN AROINO)
On ,19^,Def ore
me,
the unoersi9eea tlotary PuD is personally apDe area
, known to me Lo DeDe [he
person 5 wnOSC ndTe15 SUOSCf iDed LO the M1Lhin
InSLrpmBn[ dnd acknoaleged coat executed i[.
Nf iNE55 MY HAND ANO Of FILIAL SEAL
Notary Signaro re
NOiE:MNEN OOCUME NT IS Ey.EC UTEO OY A CORPORATION OR pgRiNERSHIP~
THE ABOYE Jllq Ai IS NOT gLLEPTA BCE. A [OR POR piION/PAgTNEA SIfIP
JUR A7 IS REU`U Ii CO.
APr'fiUNFU "S 10 FCNtJ
wN- ~Fl
A n
n_ !rn
ui cnv,:.;t tcwDxau
l Z / ~ ~'
CITY Of RANCHO CUCAMON6A
INPROYEMENT AGpEEN ENT
i0R
DEYELOPMERT REYI EN 03-13
KNOW ALt MEN BY THESE PRESENTS: TAat this agreement is
made and entered into, in conf Orman<e with the provisions of the
Munic tp al Code and Re 9ulations of the Cfty of Rancho Cucamonga,
State of California, a municipal corporation, hereinafter referr-
ed to as the City, by and between said City and B.L.T.
Partnership Na. 1 hereinafter referred to as the Developer.
TNgT, NHE0.ER5, said Oeve layer desires to develop certain
real property in Bald City located 9055 Fa othill 6pulevard,
Rancho Cucamonga; and
NNERE AS, Bald City has established certain requirements
to be met by said Developer as prerequisite to granting of final
approval; and
wNEREAS, the execution of this agreement and Dosting of
improvement security as hereinafter cited, and approved by the
City Attorney, are deemed to be equivalent to prior completion o1
said requirements for the purpose of securing said aDC'oval.
NON, THEREFORE, it ii hereby agreed by a nd be been the
City and the Oevelpper as follows:
• 1. The Developer hereby agrees to
developer's expense ail improvements described on construct
page 4 her at
eof
within 12 months from the date hereof.
2. This agreement shall De effective on the date of the
resplu[fpn of the Council of said City approving this
agreement, This agreement shall De in default on the day follow-
ing the first anniversary date pt said approval unless an ea[en-
sion of time Aas been granted by said C16y as hereinafter proviw
ea.
3. The Developer mxy .equest addit lanai time In which
[o complete the pra.lslbns of this agreement, in writing hat Tess
than 30 days prior to the default date, and Including a statement
of circumstances of necessity for additional time. In considera-
tion of such request, the City reserves the right to review the
provisions hereof, including construction sl anaar ds, cost
estimate, and sufficiency of the Improvement security, and to
require adJu stments thereto when warranted by subst antlat changes
therein.
4. If the Developer falls or neglects to cpmply with
the provisions o7 this agreement, the City shall have the rfght
at any time [o cause said Dr ov isi ohs to be comple [ed by any 1aw-
fuI means, end thereupon to recover from said Developer and/or
his Surety the full cost and expense incurred in sa doing,
5. Construction permits shall be obtained by the Devel-
oper from the office of the Lity Engineer prior to st arL a1 any
work within the public right-of-way, and the developer shall
conduct such worN In full compliance with the regulations
contained therein, Non-compliance may result in slapping of the
work by the Lily, and assessment Of the penall ies provided.
!?Q
r~
~~
6. public right-ot-way improvement work required shall
be cons tract ed in conformance with approved im provemenL plans,
Stand and Specifications, and Standard Drawings and any special ,
amendments thereto. Construct ion ihail include any tr ansif ions
and/pr other incidental work deemed necessary for drainage or
public safety. Errors or ommf scions discovered during construc-
tion shall be corrected upon the directlan of the City
Engineer, Revised work doe to said plan modifications sM1eil be
covered by the provisions of this agreement and secured by the
surety covering the original plannetl works.
7, Mark Bone within existing scree is shall be diligent-
ly Du rsu etl to completions the Ci [y shall have the right [o
complete any and ail work in the event of unjustified delay in
completion, and to recover all cost and expense incurred from the
DC Veloper and/or his contractor by any lawful means.
B. The Developer shall De responsible for replacement,
relocations, or removal of any component of eny irrigation water
system in conflict with the required work to [he satisfaction of
the City Engineer and the owner of the water system.
9. The Developer shall be responsible Ior removal of
all loose rack and other de brit from the public right-o/-way.
10. The Developer shall plant and maintain D+rkw+y
trees as directed by the Cammuni ty Development Director.
11. Tne impr mrement security to De faro izhed by the
OeveloDer to guarantee completion of the terms of this agreement
shall be subject to the approval of the Ctty Pt[orney. The grin- •
cipai amount of said improvement security shall eot be less then
the amount shown:
•
/C/p
FAITHFUL PERFORMANCE
TYp e: Princfpal Amount: 5135,000
Name and address a/ surety:
NATE0.IAL AND LABOR
Type: Principal Amount: f 67,500
Name and address Of sure CY:
CASH OEPOSti MONUNE NTAT ION
Type: Pr inctpal Amount:
Name dnd address of surety:
70 Bf POSTED PRIOR TO ACCEPTANCE BY THE CITY
IN N[TNE SS HEREOF, tAe parties hereto have caused [Dose
presents to be duly eaecuted end acknowledge with a17 fb rmalities
reRuf red Dy law on the datye YSy', set po rt~ppms :fe their signatures.
Oa[e z/B/9a by B 7y~,lts[R~~~V~ .7a~ Oev<IOper
• C Ronald Livi~szan~ Pa IDncr
Pn nted
Oa[P ~/B/Ra by ~ ~, /~ - ..%. Oeveioper
Signature
I Jack F Builcr Pvtn er
--Trinted
Accepted:
City of Rancho Cuc anon 9a, California
A Mun ictpal Corporation
By: Mdyor
ALtest;
~ y er
APPrpv ed: ~/-/
~ i y t~arney
OE VEL OPfR'S SIONAtURES MUST BE NOTAgI2EO
3
~'~ /u/
C I1Y OF RANCNG CUCAMONGA
CONSTRUCTION ESTIMATE
ENLR OACHNE NT PERMIT FEE SCN EOULE
For Improvement of: Storm Drain, Director Review 87-13
Date: 2/8/84 [omput<d ny: Shinto Bose
File Reference: D.R. 83-13 City Ow9. No.
NOTE: Ooes not include current fee for
writing permit or par ement d<POSits.
CONSTRUCTION COST ESTIMATE
ITEM DDgXTITY UntT PRICE
60" R.C.P. 150 L.F. 120. 00
45` R.C.P. 315 L.F. 90. 00
39" R.C.P. 410 l.F. 78. 00
24' 0..C.P. 120 l.F. 48. 00
12' R.C.P. 315 l.F. 24. 00
Outlet Basin I Each 2,500. 00
Sidewalk, 0.em. 6 Replace 315 l.F. 10. 00
Underwa lk Orain 1 Ee ch 2,000. 00
Manholes 3 Fa ch 1,500. 00
CONSTRUCTION COST 5118,200.00
CONTINGENCY COSTS 16,800.00
TOTAI CONSTAUCitON 175,000.00
FA ITMFUL PERFOR MRNCE SURETY (100%) 175,000.00
LABOR AND NATEA IAL SECURITY (5051 67,500.00
ENGINEERING INSPECTION FEE 6,025.00
*RESTORATION/OEL INE Ai[ON (ASH DEPOSIT -0-
IREFUNDABIE))
MON UMEN7 gTI0N SURETY (CASH) -0-
S AMOUNT
18,000.00
20,350.00
31,980.00
20,160.00
],560.00
2,500.00
3,150.00
2,000.00
4,500.00 •
•PUrsuani to City a/ Rancho Cuca~ongl Municipal Cod<, Title I, Chapter
1.OB, adopting San Bernardino County Code Titles, Chapters 1-5, a casA
re stor at ton/delineaH On deposit shall oe made prior to Issuance of an
Engineering Conslr uc tion PeraN t.
_6-
•
~ ..~
00N0 N0. OC ]00542
Prem mm. $2,410.00
FRITNFUL PER FORMRNCE 80N0
NHEREAS, the City Coun cis of the City of Rancho Cucamonga,
State of Calif orm a, and B.L.T. Partners hi No. 1
(hereinafter designa[etl as "p r,nc rpal" have enter ed into an
agreement whereSy principal agrees [o install and complete
c ert aln designated public improvements, which sale agreement,
dated Febr 3r n 199d , and idenf if ied as
project ~RT~ey T3 is ner¢by referred to and
made a part nerepf; ono,
NH ER EdS, said principal is required under [ne terms of said
agreement tp furnish a band far the /aithful performance of said
agreement.
N09, THEREFCfl°, we the principal and Fremont Indemn'[v Com
as surety, are held and /firmly bound unto the C ty o q ncno
Cuc amen as (hereinafter called "City^), fn Lhe penal sum of ~ne
Hundred Thirty F1 ve Thousand
Dorf ors
ns nnn nn awf vt money pf the Un, led Sates, or the payment
of wni ch sum well and truly fo be made, we bind ou r5elves, our
hel rs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above
bpunded prin<lp al, hfS Or it2 heif2, ex¢C'J tO ri. adminiSfr a!(Irs,
• successors or assigns, shah in all things stone fp and abide by,
and well and truly keep and perf brm the covenants, conditions and
prpvi5i0n2 fn the said agreement and any alter a[ion thereof made
as therein provided, on his ar their par[, to De kept and
performed a[ the [1me and in the manner therein Tpe<if ied, and in
all respects attar ding [o their true intent and meaning, dnd
shalt indemnify and save harmless City, its officers, agents and
emplpyees, as therein stipulated, then thfs oDligatipn shall
Decome null and vole; otherwise, it shall he and remain In full
/orce and eHec[.
As a part of the obligation secured hereby and in addition to
[Ile foes dmOYnl spec?/ied theref Or, [here shall De inc laded costa
and reasonable expenses and lees, including reasonable attorney's
fees, incurred by City in successlolly enforcing such mbiigatlan,
all co be taxed as costs ana included in any Sudgm en[ rendered,
The Surely hereby stipulates and agrees that no change,
extension of time, al tera[ipn or addition to the terms of She
agreement or tp the work tp De Oerfprmee thereunder or th! sDeci•
fit attpns accompanying the same shall in anywise al/e<t Ili
oblfgatlons on this bona, and ft dyes hereby waive notice of any
such change, eaten lion p/ time, alteration or addition t0 tTe
terms of the agr rem ent or to [he work or to the spec if ita[ton4.
I'I HIi9ESS 'dNE?ECF, this instrument has been duly executed Dy
[he prl rCipd and Surety dbOVP, named, pn Ffbr pan x
199.
BLT R\RTA'ER SIIIP %p. 1 FRENONT tNGR11N[TY <oAPANY
0 el0 er/I iu re [Y1
0 r
liignaturel AttOr eY•'r Fac [~
PLERSE ATTACH POKER OF ATTORNEY TO ALL BONGS
SIGNATUgES MUST BE NOTAgIZEO
~V3
aphb No, oc 3ooacz •
eremwm: mu~aaa
LA 80R qN0 MgiER IAL MEN OONO
'NNEREnS, the City Coun cit of the Lity of Rancho Cuc aaonga,
Statz of California, and U.L.T. partnership No. 1
the reipal[er designated as "principal" nave zntered Into an -
agreeaent whereby prtnc foal agrees td ins!dll and complete
cert a:n designated pu of is improv¢men ts, which said agreement,
da tee Frb .+ a l9E a and identified
as prod<c[ D.R. 83-73 Is hereby ref erred [o and mope
a part Neredi; and
NNER r. AS, under the terms pf said aq reexent, pr incipat is
repufr¢d before enteving upon the Derfornance of [he 'nor k, to
file a 3ood and cuff icien[ pa ynent bond wish th_ City di Ran ciao
C uc ampnpa to secure the claims to ~.uhlch reference is dads in
Title lS (c onmencing with Section 3092) of Pa ri p of Oivf sipo J
of [he Civil [ode of the Stale elf Laliforniv,
NO'N. TMEREFOfl E, Said Dr in<ipal and the undersigned as a
COrpOrate SUrEty, are h<ld firmly bOUnd unf0 the CI Cy O( Rdn:hp
C uc amon9a and all contractors, suCC On[r actors, labs rers,
maters sl men ono other persons employed in the oeriormance of th<
aforesaid agreement and referred td in the a/oresaid rode of
civil Pr dcedure in the sum of Sixty Seven Thousantl ffve Hundred
Ool lars (S 67,500.00 ), fcr materials urn lshed or labor [hereon o/
any kind, or Por ampu n[s due under the Unemployment Insurance pct
w i;h respect to such work or label r, [Nat said surety wi7i pay the
sane in an amoont np[ exceeding [he amount heretnabove se[ /d rth,
and olio in case suit is brought upon this bone wf 11 pay in
addition to the face amount thereof, costs and reasonable
expenses and Tees, inclva ing reasonable attorney's fees, incurred
by f.ity fn successfolty enforcfnd such obligation, to be awarded
and fired by the court, dnd to be taxed as costs and to be
included in the dudgm ent therein rendered.
[t is hereby expressly stipu leted and agreed that this bond
shalt inure to [he benefit of any and all person, rompanlez antl
cprpprtipns entitled to file claims under Title (commencfn9
wish Section 3032) of Part 4 of Oivison 3 of tNe Civil [ode, so
az to 9i ve a right pf action [o them or their assigns in any suit
Orou gNt upon Ihfs bond,
Should [he condition of this bond be Iu sly performed, then
this obligation shall Dec elms null and void, otherwfse it shalt be
and read in in IuII force and of fe<t,
The surety hereby stipulates and agrees [hat nd change,
e xten slon of time, alteration or addition to the terms of said
ogre ement or the specifications accompanying the same sha)1 In
any manner affect its dbliga[i ohs on this bona, and it does hor<-
Dy salve notice of any spch change, extensf on, alteration or
addl lido.
L4 NITNESS NN E4 EO F, tN is instrument has been duty executzd by
the prigc lpol one surety abovo named, do Febnaty B
196_.
B6T R\RI":T ps1iIP \'p. 1 / FR6XPIT INDE[:NtTY CORPANY
~ f~v?rp' ~- IiJ(Y¢[11
Br: ~:li ~i un 1 N
N 1]dLCL_ l,a
~p :gna[urel Igttprn 9y-In-Er t
•
PIEAS F. p77ACH POKER OF ATTORNEY i0 All OONOS
SIGNpiU0.ES MUST eE NOTARIZED
~v
RESOLUTION N0.-03-~87-OSLR ~?~-c~ 7
• A RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND REAL PROPERTY IMPROVEMENT
CONTRACT AND LIEN AGREEMENT FOR DIRECTOR REVIEW N0. 83-13
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement executed on
February 8, 1984, by Jack Butler as developer, for the improvement of public
right-of-way adjacent to [he real property specifically described therein, and
generally located on the south side of Foothill Bouelvard between Hellman
Avenue and Vineyard Avenue; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said real property as referred to Planning
Conmission, Director Review No. 83-13; and
WHEREAS, said Improvement Agreement is secured and accompanied by
good and sufficient Improvement Security, which is identified in said
Improvement Agreement; and
WHEREAS, installation of a one-half landscaped median island
established as a prerequisite to issuance of a building permit has been met by
• entry into a Real Property Improvement Contract and Lien Agreement by BLT
Partnership I.
NOW, THEREFORE, BE IT RESOL VEO by the City Council of the City of
Rancho Cucamonga, California, that said Improvement Agreement and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement on behalf of the City of
Rancho Cucamonga, and the City Clerk to attest thereto.
BE tT FURTHER RESOLVED that the Cfty Council of the City of Rancho
Cucamonga, California does accept said Real Property Improvement Contract and
Lien Agreement, authorizes the Mayor and City Clerk to sign same, and directs
the City Clerk to record same in of Office of the County Recorder of San
Bernardino County, California.
PASSED, APPROVED, and ADOPTED this 7th day of March, 1984.
AYES:
NOES:
ABSENT:
on D. .d a s, Mayor
• ATTEST:
Lauren M. Nasserman, icy er
ru s
,1aa
CITY OF RANCHO CL'CAiVIONGA G~!Ga1pn,
STAFF REPORT ~~~ cyp
e
a!j ~~ >
~:
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F Li 2
1917
DATE: March 7, 1984
T0: Lity Council and City Manager
FROM: Lloyd B. Nubbs, City Engineer
BY: Barbara Kr all, Engineering Technician
SUBJECT: Approval of Improvement Agreement and Improvement Security for
Development Review 83-18, submitted by James C. Bice, located on
the west side of Vineyard Avenue, north of Arrow Route
The attached bonds and agreement for Development Revew 83-18, for the
construction of 24 apartments on the west side of Vineyard Avenue, north of
Arrow Raute, are submitted herewith for Council approval. This project was
tentatively approved by Planning Commission on August 10, 1983. ~
• The bond amounts submitted are as follows:
Faithful Performance Bond: 814,000.00
Labor and Material Bond: 5 7,000.00
RECOMMENDATION
It is recommended that City Council adopt the attached resolution for
Development Review 83-18 accepting the bonds and agreement and authorizing the
Mayor and City Clerk to sign on behalf of the City.
Respectfully submitted,
LBFr~1: jaa
Attachments
CJ
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, ADMINISTRAT10:1
1'p
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r'r'ci V ~J'~~y CC ~
2w5 ~~ Z~6 Frank A. toscv, J..
•9457 Fao1hi11,9Nd. - Ran chc Gamongc, CA 91730 - (714) 989-8541 ~ oxxa: s.po~m.wmr
John A. McClary
Thomas W. Garnello, Ed.D.
1niJOnl $upenn hndlnl~ Iu:~ne:.:er•i.n
January 30, 1994
Date
i.EiTER OF CERTIPICATIOIJ FOR SCROOL DISTRICT CAPACITY
Hithin Central School District and Central School District attendance boundaries
for the following described project:
Developer Oran ewood T o e A e~
Location/Descript Ten 4DR-83-19 W/S 9inevard, soyth of Ponthill
IlumLer of Dwelling L}sits 24 Apartments
.Ant Tetra _~ed Cemnle:ion Cate August, 1984
• Dent lemon:
The Central. Schcnl District hereby certifies that it will prot•ide car=city for
_~~_ students in h-rades K-9 living in housing units to be constructed in
' the stave reside,^.tial devalooment. This certification is given on the cord•icn
that: 1) Thr, cav_1n^..er sort district have executed the "Agreement fo•. Fi;:ancing
Public School i'acilities and Establishing Interim Fees" and 2) :he de•: eloper
coat is ues to ccmply with the terms and conditions of th_ Agreemeut.
Th_ commitment of this letter shall expire ninety (90) dayJ from the date of this
letter. Ecwev=_r, the district agrees to issue further Leiters of Certificaticr.
to this devzlooer so long as tine Oxecuted Agreement between developer and district
retraics in effect.
T'n is Letter of Certification for School District Capacity shell be nonassignable
and alt as's ign^..ents era ruli and void.
Approval of ':he final ma? or the issuance c° building permits Sy- the City of
Rancha C:czmon ;-s within trio 90-day period s.`.all validate such cernnitmerit to i`.is
dovelocar.
Sincerely,
• rank A. ~Cosca
Superintendent
14/B3
rorro oc iru a[E$ s
- Jo<k MrKalrry icvmnTe W. Dullve F.mh A. Mussn Glen F. Ogden Frmrlo 1. WdyM
rrnArnl ("NI Vempn ;A,epN MMLa•
!
ly _,. ..r ~,F
M~ .•
CUCAMONGA COUNTY WATER DISTRICT
VICTOR A. CHERBA K. JR.. P••rdru
~ ~ ! y l
,f .
January 26, 1984
~I ;: ;
...~ :.... .G C.'i?...~
City, of Rancho Cucamonga
Engineering Department
P. O. Ho:c 807
Rancho Cucamonga, California 91730
Attention: Harhara Krall
Gentlemen:
Vier-AreMen!
ROBERT NEU FELO
SenrN•.. Grnml Nnvwr
LLOYD W. MICHA EL•
Nrrrto.
EARLE R. ANDERSON
BEVERLY E. BRA DEN
CHARLES A. WEST
Orangewood Townhouse Apartments, A Limited Partnership, Developer
of the Orangewood Townhouse Apartments, situated in Rancho Cuca- •
monga, have deposited with this District a Material and Labor
Bond, a Faithful Performance Bond, and a Utilities Improvement
Agreement.
These bonds and agreements, previously filed with the County,
are now being accepted by this District as an assurance that
said improvements will be provided, as stated, within the
boundaries of the Cucamonga County Water District.
In addition, this letter is to verify that the above referenced
Developer has complied with all requirements for development
that are mandated by District policy.
Yours truly,
CUCAMONGA COUNTY WATER DISTRICT
Bett~F ~ ~~~
Secretary
b
•
_ ~ - 7
CITY OF RANCHO CO[pMO NGp
IMPROVENENT ARRFENENT
FOR
DIRECTOR REYIEM 81-18
KNON ALL NEN Rv THESE DRESE NTS: That this agreement is
made and entered into, in conformance with the pr ovia ions of the
Municipal Code and Regulations of the City of Rancho Cucamonga,
State of [ali(prnia, a municfDat corporation, hereinafter referr-
ed to as the City, by and beteeen said City and Orangewp od
Townhouse Apartments, a limited partnership hereinafter referred
tm as the Oev eloper.
TNpT, NMERE AS, said Developer desires fo develop certain
real prop arty in said City located on the west side of Vineyard
Avenue north of Arrow Route; and
NH EREpS, said City has est ablisAed certain re qulrements
to be met by saf0 Developer as prere Cuisite to granting of final
approval; and
NNEAEA S, the esecutlon of [MS agreement and DoiL inq of
Improvement security as hereinafter cited, and apprpv ed by the
L7ty p[torne y, are deemed to De equivalent to prior completion of
said requirements far the pu rpase of securing said approval.
NON, THEREFORE, It is hereby agreed Dy and between the
City and the Developer as follows:
1. The Deve leper hereby agrees to construct at
Developer's expense all improvements described on Dage a hereof
• withfn 12 months from the date hereof.
2. This agreement shall De of (active an the date of the
resolution of the Council of said Clty approving this
agreement. This agreement Shall De in def evil pn the day foilmw-
ing the first anniversary date of said approval unless an enten-
sian of time has Deen granted Dy said City as hereinafter pravid-
ed,
3. The OeveloD er may request additional time in which
Lo complete [he provisions d( this agreement, in writing hat tens
than y0 days prior to the def autt date, and including a statement
a( circumstances pf necessity tar additional time. In consldera-
tton of such request, the City reserves the right [o rev law the
prorisions hereof, Including construction standards, cost
e5tima6e, and sufficiency of the improvement security, )tnd to
require adjustments thereto when warranted Dy su05[antial changes
therein.
4. If the Developer tails or negtec is to comply with
the provisions pi this agreement, the City shalt have the right
at any time to cause said provisions to Ee completed by any law-
ful means, and the reap on to recover from said Develop er and/or
his Sure [y the tali cost and espense incurred in so doing.
5. Lonstr uctf on permits shalt be obtained Dy the Devel-
oper from the office of the City Engineer prior to start of any
work within the OuDlic right-ol-way, and the develop er shall
Conduct such work in tali compliance with the raga lotions
contained therein. Non-cpmplian ce may result in stopping 0/ the
work by [he City, and assessment o/ the penalties provided.
fi, Public right-of-way improvement work required shall
be constructed fn conformance with approved Improvement plans,
Standard Spec lficat lens, and Standard Drawings and any spec tai
amendments thereto. Canstr action shall Include any translttont
and/or other Incidental work deemed ne tees dry /or drainage or
public safety, Errors or ommisi tons d5scdr erect our in9 Construc-
tion shall pe corrected upon the direction of the Clly
/4s - ~
Engineer. Revised work due [o said plan nod ifications shalt be
cow ere0 by the provisions of this agreement and recur ed by the
surety covering the original planned works.
7. No rk done within existing i[re_ts shall be diligent-
ly pursued to cOmDleti On; the City shall have the right to
complete any and all work In .De event of unjus[iti etl delay in
campletiDn, antl to recover alt cost and enp ense incurred from th<
Oev elop er and/Or his contractor Dy any lawful means.
e, The Developer shall be respOns ib le for replacement,
relocations, or removal O/ any component of any irrigation water
syz tem in cOnilict wish the required work t0 the sans/action Of
Lhe City Engineer antl the owner of the water system.
9. The Developer shall be responsible tar remOVal of
all loose •ock antl other OeDris from the public right-of-way.
10. the Developer shall plant and maintain parkway
trees as directed by the Community Development Director,
11. The improvement security tp be furnished by the
Developer to guarantee cOmpl etion at the terms pf chis agreement
shalt De subject to the approval of the Lity Attorney, the prin-
cipal amount pf said impravem ent security shall not De less than
the amount shown:
•
~'.f ~~ i'
FA[iHFOE PERfORMRNCE
Type: Principal Amount: f13, 000.00
Name and address of surety: Dave mpeta insurance Cnmpan'p lnl mast acn street,
onW[io, tali (o[nia
NATER IAL AND EABOR
Type: Principal Amount: f ],000.00
Nacre and addreSS 0( Sp racy: Developers Insurance Cc'~+pan?, llll .ie st 6th Street.
Ontarip~ Ca li torn is
CAIN DEPOSIT NONUNENTRTIOM
Type: Principal Amouni:
Name and address of surety:
TO DE POSTED PpIOR TO pCLE PTRNCE 81 THE CITT
IN NITNE SS ME0.E t Dart ies hereto have caused these
Ores ants to be duly axe ut and acknowledge wfth alfs formalities
retlwired by lav an [h6 d s ec Porth ap I their signatures.
0 sE f Pe[Ine[aMp
Date' ~`~ by ~L e- veloDer
t9nat ure
tamer C. Nlce, Cenwnl Partner
r tn[ed
• Oate by Oevelpper
tgn acute
Accepted:
City of Panchp iucamon ga, California
A Municipal Corporation
Dy: Mayor
p[test:
C tty c e
//j /J~/'
ppp roved %~/~~.% ., (.~1 /)
i y tD ~ney
OE VEIOPER'S SIC NATURES MUST BE NOTA0.[2ED
•
3
~~s-- G
CITY OF RPII[NO CU[ANONG0.
CONSTRUCTION ESTIMATE
ENCROACHMENT PERMIT FEE SLHEOULE
For Improvement pf: Vineyard Avenue _
Oate: 1/16/84 Gpmpu tetl Dy: J.
- artm
File Reference: 9R L`7-'~1
City Dwg. No.
NDTE: DnIS ML iMlude CYITM t (n! fOr
writing permit or pavement deposits.
CONSTRUCTION COST ESTIMPTE
ITEM UAN aY UNIT UN Ii COST f ANOUBT
P.C.C. Wrb - 12" C.F.
P.C.C. NrD - 8" C. F.
P. [.O. Curb only 6' C.F.
A.C. Bern (f2W min,)
0^ P.C.L, Sidewalk
6" Driv! Approach
8' P.C.C. Gross Gutter
Street Excavation
Imparted Embankment
Preparation of Suogr ode
Grvshed P99re9ate Base (per in. thk)
A.C. lover 1700 tans)
A.C. (900 to 1300 tons(
A.C. (under 500 to 900 tans)
A. C, (under 500 tons)
Patch A,C. (trench)
1• thick A.[. Overlay
Adjust sewer manhole to grade
Adjust sewer clean put to grade
Adjust water va tves to grade 1 EA. 75.00 75.00
Street Lights 1 Ed. 1DG0.OO 1000.00
Street Signs
Street Trees
Parkway Landscape and Irrigatlon 546 S.F. 2.75 1501.50
gemave A.C. and germ L.S. 541.00
Mall 16 S.F. 20.00 320.00
Sawcut 47l L.F. 2.00 942,00
CONSTRUCTION COST f13.018. 99
CONT {tIGENGY COSTS f 1,301. 90
iOTAI CONSTRUCTIOfl f14 320. 89
FPITMfUL PERfORMAN[E SURETY (100%) 514.000.00
LABOR AND MATERIAL SECURITY (50%) f 7,000, 00
ENGINEERING INSPECTION FEE S 78], 65
•RESTORAiI ON/DEC INEAi ION CASH DEPOSIT f 1,000. 00
(REFUNOPBL E)
80NUMENTATI ON SURETY (CASH) -0-
•Pursuant to City o1 Raodlo Cucamonga Nuniclpal Code, T itle I, Chapter LOB,
adapting fan Bernardino County Cade Ttt les, ONapters I-5, a cash
rastoragnn/delineation deposit shall De Wade prior to Issuance o/ an
En9ineerfnq Construction Permit.
-4-
119 L.F. 6.00 714.00
23b L.F. 4.50 1662.00
435 S.F. 1.75 161.25
426 S.F. 2.50 1070.00
99 C.Y. 1.50 147.00
2617 S.F. O.IS 392.66
2617 S.F. 0.12 7!4.04
65.4
B9
183
/ 4' ~ ' ~~
ton 60.C0
S.F. 1.75
S.F. 0,55
7924.00
154.00 •
100.65
i
r 1
L_J
13R~D N9.: 1gT1T1
PPEtIIM: 5294.60
FAITHFUL PERFORMANCE BO NO
NNEREAS, the City Council of the Ci [y of Rancho Cucamonga,
Slate of California, and OPAlA1WOOG tR,PafgUSg APA[fl[IDU15, ALIMtTED PARtta•:P9QP
(hereinafter designaeetl as ^pn nclpa~" nave ¢n feted Into an
agreement whereby principal agrees tp install and complete
certain des igna[ed public improvements, which said agreement,
dated Janary 23rd 1984 and ;dent tf ied ai
project Irectpr evlew Is nereDy reTe rred to and matle a
part hereof; and,
NMER EAS, said principal is required under the terms of safd
agreem ¢nt to furnish a hand for the faithful performance of sai0
agreement.
NOM, THEREFORE, we the principal and DEYfS~PtRS RiTR4WS C'GflPISt
as surety, are held and firmly bountl unto the Ct ty or ancno
[uc amgnga (heretnaf ter called "City°), in the penal sum of
Fourteen thousand and 00/100 Dollars (514,000.00) lawful money of
the Uni :ed States, for the paymm[ of which Sum well and truly [o
be mdd e, MC bind nUrselVlS, UUr hll rt, sU CCeSSnrS, ex¢CULOf$ dnd
administrators, jointly and severally, firmly by these pres en [s.
The con di:ion of [his pbligation is such that if the above
bounded principal, his or tts belts, exe<u [ors, administrators,
Successors or assigns, shall in all things stand to and aDt de Dy,
and well and truly keep and perform the covenants, conditf ohs and
• provisions in the said agreement and any alterdtton [hereof made
ds therein provided, on h15 ar their pdrt, to be kept and
performed at the time and in [he ,tanner [herein specified, and in
I all respects according to their true intent and Weaning, and
shall indemnify and save harmless City, its o/f stets, agents one
employes, is [her¢in stipulated, then [his obligation shall
Dec ome null and void; otherwise, it shalt be and remain in full
force and effect.
As a part of the obligation secured hereby and in addition to
the face amount spec died therefor, there shall Se included Costs
dntl Yed50ndDle QApenS BS dnd fees, in<tud ing reasonable dt [orney's
tees, Incurred Dy City in successfully enforcing such obligation,
all to De taxed as costs and included fn any Judgment rentlered.
The surety hereby stipulates and agrees that np change,
extension of time, after a[lgn or add loan t0 the terms of the
agreement or to the work to De per Pormed thereune¢r or the specl-
licatinns accompanying the same shall to anywise affect its
obligations on this Dond, and i[ does net eby waive notice of any
such change, extenSf On 01 time, alteration or add ftlon tp the
terms of the agreement or [o [he nark or t0 tn! specifications.
IN NITYESS NN E.4EOF, this instrument Was Deen duly ekecuted Dy
the or inctpai and surety above named, on January 23rd
Nn a
/ / ,C[~ GZi`7~/ ~ryi~lit/::E't-'e!"/"f r nF.vewreas Tssuxa»x w~wom
l~ ao ~ Ltmt[eA Par[nershtp -T ON [yl
aV( ~ ,,QQ (nt
' Ign ltUfe 1 ItOrney-In-r ~T~
. J. a C, fltce, ,ene rot Partner NtLMRS GARY NC CAI7.
PLERSE AttACN PONER OF PTTORXET TG All BONGS
SIGNATURES NUST BE NGTAAl2EG
/V a.- r
M1
BDtiT) AO.: 10]191A
PIiEHI' M: IT'Q.LDID
LAOOR .1.VD PATER IAL:/E:I 0000 •
'NHET E.15, '.he :i :y fJVpClI of 'he Clty Df idncDp C¢rnOnOa,
State of :aiifarnih .apa ONuVQFta10 ^.OtRtfi)ISE TPARD21:5, AIS III'FD PMI~'^.RSHIP
(hereinaft3r ~hsi7na red ps "pr!ncipa!") nave encarm ~ntp an
ogreem¢nt wnereby principal agrees Lo ins;. alt and cDmple:e
certain designated puD;ic impr0v=men tz, which said a9reem en t,
dot¢a" dPNL~RY 2ltd 1994' and identified
at protect irec tar .tavizw ea-.d a ne repy referred Co end mad: a
part her epf; arp
'NHEREdS, unp rr [he terms pf said ogre?men t, prin!iOal iz
revu iced Sef Ore entering uDOn the performance Of the work, [o
file d Opoc ana Sufficient payment bona vi Ch the City Df iancho
Cuc a•mon3d :O secure the claims to an ich reference is rada 1n
Title :- ,:ommencing witn Section 3092) of ?art 4 of 0ieis7On i
of the Civil Cpde of the Stete pf California.
NO'N. THEREFORE, said principal and :he undersigned as a
cprDOrata surety, are neld firmly Opund unto [he City pf ?antra
EpLd9pnt3 and ]II CppLrdCLLrt, zun!p0[r 3CIJf S, laDOrlr2, AdL°r131
men and mCh eY per50nt employed in the perform once of toe
of Oresaid ag re'_aent and refprre0 to in the aforef aid Cade of
Civil 7raceau r¢ in the sum of SeveD th0usa n0 and 00/100 Oo 113rs
(57,000.00), for materials furnished ar lab0° tner eon of any
kintl, pr for amp arcs due under the Unemployment [n turance Act
with 'espev t0 su cn work ar labor, [ha[ Said surety wilt Day the
same :n an amount not exceeding tae amount M1ereinapOVe set to fth,
and also in cos? suit is Drpugnt upon [his Dond will pay ;n
aad Trion [o the face amount thereof, costs and r¢asonaDle
expenses and fees, including reason abla attorney's fees, incurre0
Oy Ci[y in successfully enforcing such abliga[ion, to De awarded
and /i red by [De court, and [o De [aced as Cpi[i and to be
included in the jutl gm en[ [herein rendered. •
It is hereby expr ezsly stipulates and agreed that Lois Sond
shall inure to the pe nefit pf any and all persons. CD moan :et and
epraOre[ipns entii lad tp tits clai~S un0er Title 15 (cp.-.m encinq
with Section 3032) Of part 4 of 0tv ispn 3 0£ :he Civil Cade, so
as to give a rigor of action [o taem Or ;ne it assigns in any suit
Drpugnt upon Lhis Dond.
Should the condition of Lois Dond be 'airy 7e rf ormea, then
[DTs obligati an shall De<ome null and void, otherwise it snail be
and remain in full force and eff ec:.
The surety hereby stipulates and agr ass [hat no change,
extension of time, al [eratlon Or addition [O :he terms of said
d9re emeOL Or the SDetf (1[d[IOOS dCCampdOying the tam¢ shall (n
any manner off ect fts oDtigations an this bond, and it dO es here-
by waive noCicx of any such change, extension, aiteratlpn or
aaditiDn.
IN NI T'IESS 'NHEREOf, this Instrument has Seen duty executed Dy
the prinCip al and surety above nd a¢a, pn J0.\L1PY 2irtl
198 R4
~- tl, 'Ng1D 'fr11MH0U5 F. APAfliNf.:1T5, a llm l[ed DEVIIAPES I:3LR1~B CRTANV ,
ev210p erl~~~ Pa [PCa~[~[n~e~fjg/hip 1 r yl
nr. are -""-- ^C ~L
~ 9 , ttan:e y-!n-nc ,-'
Jam s L. -Arc e, Gene rat P.¢[ner 1[kAWS G'diY }C rnr•
PLEASE AYT ACII PO'AER OF AR DR NEY i0 ALL OONOS
SIGII0. TUREG MUST BE NOT0.RIZf0
•
;ur' S
RESOLUTION N0. y3-0~7=C3';,`R $Y-~3
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW N0. 93-18
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement executed on
January 25, 1984, by James C. Bice as developer, for the improvement of public
right-of-way adjacent to the real property specifically described therein, and
generally located on the west side of Vineyard Avenue, north of Arrow Route;
and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said real property as referred to Planning
Convnission, Development Review No. 83-18; and
WHEREAS, said Improvement Agreement is secured and accompanied 6y
good and sufficient Improvement Security, which is identified in said
Improvement Agreement.
NOW, THEREFORE, BE IT RESOL VEO by the City Council of the City of
Rancho Cucamonga, California, that said Improvement Agreement and said
• Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement on behalf of the City of
Rancho Cucamonga, and the City Clerk to attest thereto.
PASSED, APPROVED, and ADOPTED th i5 1th day of March, 1984.
AYES:
NOES:
ABSENT:
on D. Mi a 5, Mayor
ATTEST:
Lauren M. Wasserman, C ty C erk
jaa
r1
~~ ~
CITY OF RAPICHO CL'CAMONGA ~~ct.HOti
STAFF REPORT
z1~
- ~ZtS .
1971
DATE: March 7, 1984 "
T0: City Council and City Manager~/n
FROM: Lloyd 8. Nuhbs, City Engine -
SUBJECT: Release of Bonds and Notice of Completion
C.U.P. 82-24 - located on the Southeast corner of Haven Avenue and Arrow
Route
OWNER: McIntyre Properties
370 E. Rowland
Covinfa, California 91722
Faithful Performance Bond (Road) E23,200
• The road construction has been approved as being in accordance with the
road improvemnt plans and it is recommended that the road be accepted,
the City Engineer be authorized to file a Notice of Completion, and that
the faithful Performance Bond be released.
Tract 9435 - located on the East side of Haven, North of Victoria
OWNER: Crismar Development
P.0. Box 2131
Santa Monica, California 90406
Monumentation Bond E3,260
Certification for the project engineer indicates that all final monuments
have been set and he has been paid in full. It is recommended that the
Monumentation Bond be released.
•
/~(.
RECORDING AEOUESTED BY
CITY OF RANCHO NCPMONOA
P. 0. Boa B07
Rancho Lucamonga, California 91730
NHEN RECORDED MAIL T0:
CITY CL ERN
CITY OF RANCHO CUCgMONGA
P. 0. Box 807
Rancho Cucamonga, Cal ifarnia 91730
NOTiLE OF CONPL ETiON
NOTICE IS HEREBY GI YEN iHAi:
1. The undersigned is an owner of an interest or estate in the
hereinafter described real property, the nature of which interest or estate
ii:
CUP 82-24
2. The full name and adtlresi of the undersignetl owner ii: CITY OF
RANCHO CULPNONGA, 9320-C Base Line Road, P. 0. Box 807, Rancna Cucamonga,
California 91730. •
3. Ov Lhe ]N day of March, 1984, there was completed an the
heref na/ter describ¢tl real property the work of improvement szt tortN in [he
COntfa[t doCUmen LS lor:
CUP 92-24
4. The name of the original cantrac for far the work o/ improvement
as a whole was:
McIntyre Properties
5, The real property referred to herein is situated in the City of
Rancho Cucamonga, County of San Bernardino, California, and is tle5cribM as
/ol laws:
The southeast corner o/ Ndv¢n gvenue and Arrow Route
CItY OF RANCHO CUCPMONGA, a
municipal corpora t!pn, Owner
LTd Nu s, [y n9 sneer
~~ r-r
RESOLUTION N0.~3-0~}=03CI~ Z~~ ~-~
• A RESDLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR CUP 82-24 AND AUTHORIZING THE FILING OF A NOT[CE OF
COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for CUP 82-24 have
heen completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, be it resolved, that the work is hereby accepted and
the City Engineer is authorized to sign and file a Notice of Completion with
the County Recorder of San Bernardino County.
PASSED, APPROUEO, and ADOPTED this 7th day of March, 1984.
AYES:
NDES:
ABSENT:
•
on 0. Mt a s, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
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SAN BERNAR DINO COUNTY
FLOOD CONTROL DISTRICT
STANDARD CONTRACT
FOq DISTRICT USE ONLY
s,n e.,narp~no co~mr Floor convm o„( ,;n cocoon N„mbn
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THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood
Control District, hereafter called the District, and
N.m.
cITY De RANCHO cUCADIONGA hereafter called c1TY
9320 Baseline, Suite C
Rancho Cucamonga, CA 91730
PFPO airtn Oa,
t71d1 QeR-FR-t
Fme„I to No. o. soma seas rv No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use spxe be/ow and addiUona/ bontl sheets. Sef {orM servire to be rendered, amount to be paid, manner o/payment, time
tar pedormance or comple(iwr, determination o/ tttislx rory performance and captt /or temrinonon, other terms and
conditions, and attxh plans, rpeci/ications, and addenda, i{any,)
W I T N E S S E T H
• WHEREAS, U. S, Army Corps of Engineers is installing erosion control at certain
intersection areas along Cucamonga Creek, Oemens Creek, and Deer Creek within Flood
Control District rights-of-Ways and within the city limits of CITY as shown on the
attached map maxked Exhibit "A", a copy of which is attached hereto and made a part
of this agreement; and,
Wf1EREA5, CITY desires to perpetuate aesthetic value of erosion control by
operation and maintenance of trees and shrubs and irrigation system at locations
shown on Exhibit "A" within said intersection; and,
WHEREAS, CITY and DISTRICT do mutually desire Co cooperate and jointly partici-
pate in the operation and maintenance of the above said areas and desire to specify
herein the responsibilities of each to provide for said operation and ma i.ntenance;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
CITY SIIALL:
1. Assume operation and maintenance of trees, shrubs, slope protection
grasses and irrigation system, at the locations listed below and as
_ shown on Exhibit "A" at the time of notice of acceptance by the DISTRICT
of the completed Corps of Engineers Erosion Control Project:
A834/12006
4ieltnsrafr R... xfno /yG 1 3
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A. Wilson-Carnelian at Demens Channel '
B. Banyon-Sapphire at Demens Channel
C. Baseline at Cucamonga Creek
D. Foothill Boulevard at Cucamonga creek
E. Arrow Route at Cucamonga Creek
F. i{aven Avenua at Hillside Channel
G. Base Line Road at Deer Creek
H. Haven Avenue at Deer Creek
I. Foothill Boulevard at Deer Creek
v. Arrow Route at Deer Creek
K. Twenty-Sixth Street at Deer Creek
L- Twenty-Fifth Street at Deer Creek
M. Twenty-Fourth Stre¢t at Deer Creek
N. Humboldt Avenue at Deer Creek
O. Turner-Fourth at Deer Creek
P. In addition to the above listed locations, between Twenty-Sixth .
Street and Ilumbold[ Avenue, the entire landscaped area on both sides
of Deer Creek Channel.
?. Not construct or cause to be constructed, any improvements which will
interfere with operation and maintenance of the DIBTRICT'S flood control
facilities.
DISTP.ICT SHALL:
1. Continue to operate and maintain concrete channel facilities through the
intersections involved; and,
2. Continue to operate and maintain patrol roads located on both sides of
channel; and,
3. Not unnecessarily construct or cause to he constructed, 6y their express
action, any facilities which will interfere with operation and maintenance
of CITY'S facilities which will be used for park and recreational
activities.
•
A834/12006
' Pege Z of 3
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NON THEAEFOREr IT IS ^7UTL'AZSY UNDERSTOOD ACID AGREED THAT:
. 1. DISTRICT, its officers and employees, shall not be deemed to assume any
liability fot the negligence of CITY or of any officer or employee thereof,
arising out o£ the operation and maintenance function described herein and
CITY shall hold DISTRICT and its officers and employees harmless from, and
shall defend OIR?RIOT and its officers and employees thereof against any
claim for damages resulting therefrom.
2. CITY, its officers and employees shall not be deemed to assume any liability
for the negligence of DISTRICT or of any officer Or employee thereof,
arising out of the operation and maintenance funcCion described herein and
OISTRZC? shall hold CITY and its officers and employees harmless from and
shall defend CITY and its officers and employees thereof against any claim
for damages resulting therefrom.
3. Either party can terminate this agreement upon notice in writing to the
other party not less than sixty (60) days prior to the date of termination.
THIS AGREE4tENT shall inure to the benefit of and be bind inq upon the successors
and assigns of both parties.
IN WITT7ES5 THEREOF, the parties hereto have caused this agYeemen[ to be executed
by their respective officials thereunto duly authorized.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
Chairman, Board of Supervisors
Dated
ATTESTED:
Secretary of the Flood Control District
~WOVrU n ro l+p•I form RrvumU n rp
CounH Counn~
Om on+ ._
ot•tass•sor R+.. uno
CITY OF RANCHO CGCAbIONGA
Bf+rc Jcprporanon. rompanv. efc.l
By- lAurnp.ura S~gn+rurc!
Title
RrwmrC
+.HnYY •aminlnrnm/CAO
o•r• "°~"/12006
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OS-Std-66-5.6
08352 - 267001
Hellman Avenue
District Agreement *70. 8-554
THIS A~7ENf, EN2'EIQ•D L`7i0 QV is between the SPATE
OF CALffORVIA, acting by and through its Depar..mnt of Transportation, referzed
to herein as STATE, and
CTTY of R7INCESO CU(PI~XRX'>A
a body politic and a municipal
corporation of the State of
California, referred to herein
as CPi'Y.
S~ITAI.S
• (1) SATE and CITY crontemplate installing traffic cattml signal
system and safety lighting at the intersection of He1Ln~n Avenue with State
Highvsy Foote 66, referred to herein as "PRQTD:.T," and desire to specify the
terns and conditions under which such systems and safety lighting are to be
installed, Financed, atxi maintained.
SECSION I
SPATE A .Q'EES:
(1) 1b provide Plans and Specifications and all necessary construction
•
engineering services for the PISUECP and to bear STATE'S share of the expense
thereof, as shown on Exhibit A, attached and made a part of this Agreement.
(2) To ~onsttuct the P%17ECI by contract in accordance with the
Plans and Specifications of STATE,
(3) To pay an amount equal to 508 of signal related construction
costs.
(4) To maintain and operate the entire traffic control signal
systan and safety lighting as installed and pay an amount equal to 508 of
the total costs.
SECfIQJ II
CI'"Y AGRFF~:
(1) CPI'Y'S share of the construction costs shall ix: an amount equal
to 508 of the actual signal related construction costs, as shown on Exhibit A •
and as determined after aa'oletion of work and upcn final accounting of costs.
(2) CTTY'S share of the expense of preparing Plans and Specifications,
shall be an amount equal to 203 of CITY'S share of the actual final construction
cost.
(1) CITY'S share of the expense o£ construction engineering shall
be an amount equal to 179 of CITY'S shaze of the actual final construction
cost.
(4) To deposit with STATE prior to award of a construction contract
for PRNEC,T, the amount of 558,000, which figure represents CIIY'S estimated
share of the expense of preparation of Pl~~s and Specifications, construction
engineering, utility negotiation and inspection, and construction costs requited
to cnrtplete PimJECf', as shown on Exhibit A. In no event shall CITY'S total •
obligation for said costs under this Agreement exceed the a~imt of 566,700;
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provided that CPPY may, at its sole discretion, in writing, authorize a greater
anowt.
(5) To reimburse STATE for CTTY'S proportionate share of the cost
of maintenance and opemtiw of said traffic control signal system acd safety
lighting, such share to be an amount equal to 50§ of the total cost.
SECITCN III
PP IS M/1SIIiLLY AGREm AS FC)Li0A5:
(1) All obligations of STATE wider the terms of this Agreement aze
subject to the appropriation of resources by the Legislature and the allocation
of resources by the California Transportation Camdssion.
• (2) STATE shall not awazd a contract for the Mork wtil after
receipt of CPPY'S deposit ream,; red in Section II (4).
(3) Neither STATE nor any officer or etployee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or anitted to be done by CPf'Y order or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement. It is also agreed that,
pursuant to Government Code Section 895.4, CPPY shall fully indenmuty and hold
SPATE harmless frwn any liability imposed for injury (as defined by Government
Cade Section 810.6) occurring 6y reason of anything done or anitted to be done
by CITY order or in connection with any work, aut_*.ority or jurisdiction delegated
to CITY uiv'.a" this Aaraenen[.
(4) Neither CITY nor any officer or arployee thereof shall he
• responsible for any damage or liability occurring 6y reason of anything doom
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+S:
or anitted to be done by STATE under or in connection with any cwrk, authority •
or jurisdiction not delegated to CITY under this Agreement. It is also
agreed that, pursuant to Covemment Cade Section 895.4, STATE shall fully
indemnify arcl hold CTTY harmless from any liability imposed for injury (as
defined by C'overnnent Code Section 810.8) occurring by reason of anything done
or omitted to be done by STATE under or in connection with any work, authnrity
or jurisdiction not delegated to CPM under this Agreement.
(5) Should any portion of fire P131hXP be financed with Federal funds
or State gas tax funds, all applicable procedures and policies relating to the use
of such funds shall apply notwithstanding other provisions of this Agreemrent.
(6) After opening of bids CPM'S estimate of cost will be revised
based on actual bid prices. CTPY'S required deposit under Section II (4) above
will 6e increased or decreasa9 to match said revised estimate. If deposit •
increase or decrease is less than $1,000, no refvrd or demand for additional
deposit will be made until final accnuntinq.
(7) After opening of bids for the PPQ7FX•P, and if bids indicate a
cost overrun of no 'rare than 159 of the estimate will occur, SPATE may award the
contract.
(8) if, upon opening of bids, it is found that a rnst ovenvn exceeding
158 of the estimate will occur, STATE and CITY shall endeawr to agree upon an
alternative course of action.
(9) Prior to advertising for bids for the P%]7fL'P, CITY may terminate
this Agreement in writing, provided that CTPY Bays STATE for all casts incurred
by STATE.
•
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(10) If termination of this Agrearent is try mutual agreement,
STATE will beaz 508 and CITY will bear 508 of all costs incurred prior to
tarmiriatron. .•,
(11) ^pon crn~letron of all work under this Agreenent, ownership
aId true to all signal system, materials, eluipmnt, and appurt~ances
installed grill be jointly shared in the ratio of 508 STATE and 508 CZTY.
(12) If existing public and/or private utilitres cmflict with
the construction of the PESIJFCT, STATE will make all necessary azrangenents
• with the amers of such utilities for their protection, relocation or removal.
STATE will inspect the protection, relocation or removal of such utilities.
If there are costs of such protection, relocation or removal wfiich the STATE
and CITY must legally pay, 51'ATE and CTTY will share in the cost of said
~ protection, relocation or removal in the amount of 508 STATE and 508 CTTY.
(13) The cost of any engineering or maintenance referred to herein
shall include all direct and indirect costs (functional and administratrve
overhead assessment) attributable to such work, applied in accordance with
STATE'S standard accounting procedures.
-5-
i
(14) 71~at this Agreanent shall terminate upon cmipletion and acceptance •
of P)~EC1' by STATE atd CITY or on January 1, 1989, whichever is earlier in time;
hviever, the Wslership and maintenance clauses shall rennin in effect until
ternunated, in writing, by mutual agreerw.rt.
SPATE OF CALIFORNIA
Department of Transportation
CITY OP FPNCHO CCCAeTJt7CA
LFA J. TRCPIDA'10RE
Director of Transportation
District Duestor
Ry
trtaYor
Attest:
City Clerk
,,.,, FEB ~ i 1994
„~_ /
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OB-SSd-66-5.6
08352 - 267001
He1L~an Avenve
E`OIZBIT A
ESTISATE OF COST
DESCRIP?'I0,1 2C7fAL CTTY STATE
Construction $73,500.00 $36,750.00 $36,750.00
Preliminary Engineering 208 14,700.00 7,350.00 7,350.00
Overhead Assessment on 7,203.00 3,601.00 3,601.00
Preliminary Engineering 498
Construction Engineering 178 12,495.00 6,247.00 6,247.00
Overhead Assessment on 6,122.00 3,061.00 3,061.00
Construction Engineering 498
Utilities 1,000.00 500.00 500.00
$115,020.00 $57,510.00 $57,510.00
Use $58,000 for Agreement
I~'O
RESOLUTION N0.-93=99b6CR L~~ ~`- ~
• A RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE E%ECUTION OF A
COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
WHEREAS, the City of Rancho Cucamonga recognizes the 6enef it to the
City of participating in the cost of the work proposed 6y Cooperative
Agreement No. 8-554;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga approves the execution of Cooperative Agreement No. 8-554 and
authorizes the Mayor and City Clerk to execute said agreement on its behalf
and transmit to the California Department of Transportation, District B for
processing.
PASSED, APPROVED and ADOPTED this 7th day of March, 1984.
AYES:
NOES:
ABSENT:
•
ATTEST:
Lauren M. Wasserman, City er
Sao
•
on D. Mike s, Mayor
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•
STAFF REPORT
DATE: March 7, 1984
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Dave Blevins, Public Norks Inspector
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19i7
SUBJECT: Acceptance of Base Line Road Sidewalk Improvement Project (06-25-
34) and Filing of a Notice of Completion and release performance
surety (E52,324.00)
The Base Line Road Sidewalk Improvement Project (06-25-34) has been completed
to the satisfaction of the City Engineer. It is reconmended that the Council
approve the acceptance of the project and direct the City Engineer to file a
Notice of Completion with the County Recorder and release performance surety.
RECOMMENOAiION
It is recommended that Council accept as complete the Base Line Road Sidewalk
Improvement Project (06-25-34) and adopt the attached resolution authorizing
the City Engineer to file the Notice of Completion and release performance
band ($52,324.00).
Resp fully submi ted,
Gar/.'~/~ ~ /
LBH: BE:jaa
Attachment
~~~
RECORDING REWESTED DY
CITY OF RANCHO CU[ANONG4
P. 0. Box 807
Rancho [uc ampnga, Cat ifornia 91730
XNEN RECgIDED NAIL T0:
CITY CLERK
CITY Of RANCHO CUCAMONGA
v. o. Box aD7
Rancho Cucamonga, Cali Pornia 91730
NOTICE OF COFIPLE7ION
NOTICE IS HEREBY CI VEN THAT:
1. The undersi9ne0 15 an owner of an interest or estate in the
hereinafter descried real property, the nature of which interest or estate
is:
BASE LINE ROAU SIDENItLK IMPROVEMENT PROJECT (06-29-3a)
2. The full name and address o/ the undersigned owner is: CITY GF
RANCHO CUCAMOHGA, 9320-C Base Line Road, P. 0. Ban 807, Rancho Cucamonga,
California 91730.
3, On the 7th day of March, 1980., there was completed on the •
herelnaf ter descrioed real property the nark of improvement set Porth in the
contract documents for:
BASE LINE ROAD SIOENALK IMPROVEMENT PROJECT (06-26.3a)
A. The name of the original contractor for the Bork pi improvement
as a whole was:
TAI CITY CONSTRUCTION INC.
5. The real property referred to herein is situated in the City of
Rancho Cucamonga, County of San Bernardino, California, and is des crihed as
follpws:
NOATN SIDE Of BASE LINE ROAD FROM HELL NAN AVENUE
TO 121 FEET NESTERLY OF GARNET STREET
CITY Of RANCHO CUCAMONGA, d
muni clpal corporation, Owner
oY Nu s, rty n9 neer
• '.
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RESOLUTION N0. 03-87='B''LR• 2'-; -~
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CULAMONGA, CALIFORNIA, ACLEPTINO THE PUDLIC IMPROVEMENTS
FOR BASE LINE ROAD SIDEWALK IMPROVEMENT PROJECT ANO
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
WHEREAS, the construction of public improvements for Base Line Road
Sidewalk Improvement Project (06-25-34) have been compieted to the
sa[isf action of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, be it resolved, that the work is hereby accepted and
the City Engineer is authorized to sign and file a Notice of Completion with
the County Recorder of San Bernardino County.
PASSED, APPROVED, and ADOPTED this 7th day of March, 1984.
AYES:
NOES:
• ABSENT:
on Mi a s, ~ ayor
ATTEST:
auren M. Wasserman, ity er
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S,~
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~~oard of SuQcrnisors • Counte of San x3trnardino ~« !~' ~r~
Cal 1I1F,Imam
Supervisor, Second District
Chairman
February 14, 1984
The Honorable Jon D. Mfkels
Mayor, City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, California 91730
Dear Mayor Mi ke ls:
On February 13, 1984, the San Bernardino County Board of Supervisors
adopted the enclosed resolution encouraging cooperation in solving
California's water problem. Me enlist your Council's support by adopting
a similar resolution.
To date, there has been no organized effort in Southern California to
• collectively address the management and distrf bution of our water supply
and demand needs on a regional basis. In order to assist
Senator Ruben Ayala and the Department of Water Resources in solving the
needs of water deficient areas in California, it is essential that
Southern California develop a regional consensus of our water needs,
demands and deficiencies.
Supervisor Robert Townsend is serving as this Board of Supervisors'
representative on several committees addressing California's water supply
and demand requfrements. Hopefully, these efforts will result in the
development of a statewide consensus on the nanagement and distribution
of California's water.
Me thank you for givf ng our request consideration. Please forward your
adopted resolution to Supervisor Robert Townsend, 175 West 5th Street,
San Bernardino, Cal7fornia 92415-0110.
Sin rely
!(~I///I b~ ~~ ~C-
ai (TcE~, Chairman
Board of Supervisors
cc: City Council
•
Ca„mr Cwk a,dlpny • t i6 NM N/a, strxl . Mn Mrnralna, CA atats • (71 ~) ala.2al I
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• RESOLUTION NO. Zc('~ r
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, URGING A COOPERATIVE EFFORT RELATIVE
TO SOUTHERN CALIFORNIA'S WATER SUPPLY AND DEMAND
WHEREAS, I[ is well established that fucure water demands in Southern
California require the development of additional water resources; and
WHEREAS, the Supreme Court ruled that in 1985 Southern California's
rater allocation Erom Che Colorado River will be reduced; and
WHEREAS, the Governor of [he State of California in the State of the
Slate address, emphasized seven water goals, Including:
- Water conservation and salvaging of wasted water
- Protection of rater quality
- Additional foci lltiea to store surplus water underground and Ln
offstream reservoirs
- In [erconnecting water systems
- Fish and xildllfe protection
- Respecting areas-of-origin rater rights
- Developing technology to expand water supplies; and
• WHEREAS, the Rancho Cucamonga City Council encourages cooperative
efforts throughcu[ she Scale to solve California's rater problem.
NOW, TNF.REFORE, BE IT RESOLVED that the Rancho Cucamonga City Council
acknowledges California's water perplexity and is committed [o work toward a
resolution; end
BF. IT FURTHER RESOLVED that the Aancho Cucamonga City Council urges
cooperation of the seven Southern California counties of Imperial, Los Ange lea,
Orange, Riverside, San Bernardino, San DLego, and Ventura, cities xithtn these
counties, businesses, and water agencies by declaring that same commitment; and
BE IT PURTHER RESOLVED Ghat thSS cooperative effort De designed to
develop a positive regtonal program [o address Southern California's rater
supply and demand requirement, develop a positive regional program to promote
add Sr.ional rater supplies into Southern California, and assts[ to the
development of a statextde consensus on the management and distribution of
Ca ltfornia's water.
FURTHER, the Ci [y Council direc [s [ha[ coptes of [he Resolution 6e
transmitted [o Senator Ruben Ayala.
(e `
Resolution No.
Page 2
•
PASSED, APPROVED, and ADOPTED this 7th day of March, 1984.
AYES:
NOES:
ABSENT:
Jon D. Mike ls, Mayor
ATTEST:
Lauren M. Wasserman, Clty Clerk
•
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
T0:
FROM:
BY:
SU B,IECT
~`O G~G,l}p~9
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March 7, 1984 19i~ J
City Council and City Manager
Lloyd B. Hu6bs, City Engineer
Slane W. Frandsen, Associate Civil Engineer
Rward of Engineering Design Contract for Access Roadway
Improvements for Bear Gluch Elementary School
Time being of the essence, a negotiated fee has been obtained from the firm of
Derbish, Guerra and Associates for the development of plans, specifications
and engineering estimates for the subject improvements.
Derbish, Guerra and Associates has proven its ability to perform under
deadline to the City as a plan check consultant and in the preparation of the
Base Line Sidewalk Project recently completed here in the City.
The not-to-exceed fee is to be set at 56,000.00
RECOMMENDATION
It is recommended that the City Council award the design services for the
Access Roadway Improvements to Derbish, Guerra and Associates and authorize
the Mayor to execute the contract documents.
Res ectfully subryitted,
L BI{:)i41F: j as
Attachments
7
CITY OF RANCHO CUCA~IONGA ~,ti
STAFF REPORT ~°%' '`~
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• 2/ j y=
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DATE: March 7, 1984 _ ~~, ~,~z
f>
T0: City Council and Lity Manager ivrr
FROM: Lloyd 6. Hubbs, City Engineer
SU6,IECT: Community Facilities District No, 84-1 Day Creek Flood Control
Improvements
Attached for Council review is the Order of Procedure and implementing
Resolutions to proceed to an election on the Day Creek Community Facilities
District. At the Council meeting, property owners will be given an
opportunity to protest the District, If more than 50% protest by area is
received, the election wll be abandoned. tf less than 50X protest is
received, the Council will have the option to call the election.
if you choose to proceed with the District, the election will be conducted by
the Registrar's Office at a cost of approximately 55,000.00.
Two workshops have keen held and several meetings with the Economic
• Development Committee of the Chamber. Concerns have been raised as to the
amount of the assessment on vacant land and the accummul at ive affect of other
Districts, f.e. Fire, Parks, Landscape, etc., on the abiiity of landowners to
retain their land. Also, the Southern California Edison Co. has pointed out
that they do not feel that existing transmission lines would benefit from the
project.
The Council retains the option through the hearing to modify boundaries or
assessments through the hearing itself. At this time, Staff and the
consultants will be recommending that existing Edison transmission line
rights-of-way be excluded from assessment.
The City of Ontario previously acted to place the same 5550 per acre tax on
the bailot far their area. Major changes from the proposed program could
adversely effect the positive support that currently exists in Ontario. I
should stress, however, that authorization of the maximum tax and bond
issuance does not require the Council to levy the maximum tax. It would seem
prudent if the measure is successful, to develop with the City of Ontario a
construction phasing program which minimizes the tax rate for the early years
but provides sufficient facilities for flood prat ectton and drainage to be
accommodated and not restrict development.
s ectfu~ly su/Smi[t~ed~
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d~~a/// . ~ /Y
• LBN:jaa
Attachments
i~ E
ORDER Or PROCEDURE
CITY OF pANCMO WCAMONGA
COMNUNI TY FACILITIES DISTR ICs x0. 84-I
(OPY LREEK DRAINAGE SYSTEM)
GATE OF PUBLIC HEARiNCS: MM LH 7, 1984
PURL IC HEARINGS FOR
CONS IDERAT70N: PURL iL NEARING ON FORMATIIXi W COMMUNITY FACILITIES
O (STRICT ANO AUTNOR iZATION 70 LEVY A SPECIAL TAX
PUBLIC NEAgINO ON AUTHpii ZATION 10 INCUR BONDED
I pOE BTEDNESS TO FI WINCE CERTAEN CAPITAL FACILITIES
MAYOR: Mnounce that this the time aM Dl ace for tiro public
hearings rel et ing to the PormaH on of the Community
Fuf11Hla Oittrlct No. BA-1 (Day Creek Bratnage
System). prose public hearings relate to the /orma-
tlon of said 0l strict, the authorixation Lo levy a
special tax and to incur s bondetl Indebtedness. For
purposes of conventmce, these hearings A11 Ee
consul ldatM aM heerd as one; hbrrever, IMivitl~
actions NI 11 be taken Mere approDrLte.
CITY CLERK: Mnounce Nat notice o/ the puD lic hearings have Deen
given aM Nat the following a/lltlaviti are on Hle In
her ottic e:
I. Atli davit at pub HCat ion of Not ice of Intention to
form Community fact li tl es Di st rSC[ and euthorixe
special taa:
2. AFH davit o/ pub H Cat Ion M Xot ice o/ Hearing to
Incur Apnded Indebtedness:
3. Cert iitcate of Campli once reLting to ma111ng.
$TAF F: - General presenLtion as outlined arq presented Dy
City En9lneer.
ALL IIR ITTEN PAOTESii SNWLO BE COPIED MD DELIVERED i0 EACN MEMBER OF TNF LEGISLATIVE
BOGY FOA pE YIEM DR100. 10 THE POBL IC NEARING.
END OF STAFf REPOAi -OPEN FOA PURI IC DISCUSSION
MAYOR: REOUESi 1NAi EACH PERSON FMO SPEAKS GIVE HTS MANE ANO
ADDRESS, MD STATE NNETNEA NE IS A PROPERTY gINEA pl A
R EG (STEP FO V07ER.
F iris, ask [o Aeer tram tMSe MO have Fitetl Britten
protests ago lost the proceedings.
Neat, ask to hear from myone else Mo fishes to pro-
test generally against:
A. Toe ese abtlshment o! the Olstrict:
B. ine types of puDlk loci llt tes: •
C, IDe rate arM method oI pport tommpM of
specs al 4x;
D. IDe necessity to Incur Ng DwMed 1MeDtednlss.
Then, ask For those Mo mf sn to speak to hror o1 tNe
Oroceed ing s.
~"~- i~ Q
•
aRDEa a PaoLEDURE
CITY OF RRNCNO CU[AMONGA
COMMUNITY FAC ILIR ES OISTR IC7 N0. G4-1
(OAY CREEK DRAINAGE SYSTE MI
GATE OF PURL IC NEAR INGS: MAACN 7, 7484
$TAfF : Finel presentation o1 protest count of registerM
voters end oNners,
STAFF AND UTY LOUNC It: Oiscusson an proceed inns and ex Dlanatfon D/ alternates
avatlaDle.
5TAFf : Formal presentation o/ RoDOSeO cN anges aM/4r mpdifi-
<at5ons to tAe 4DNMUN ITY FA[LLIT IES DIS TRI[7 REPORT".
UTY COUNCIL: Ay mot ton, dec lsre the puN ltc Neari nos [LOSEO.
IF iME LEGISLAtIVE BOGY XISNES i0 PROCEED:
CITY COUNCIL: MDpt RESOL U7(ON OA DER ING CHANGES AND MOD IF HAT IONS
CRY COUNCIL: Adopt RESDI UTION M4 %i NG PRELIMINARY FINDINGS PND PA55-
1NG UPON PROTESTS
CITY COUNCIL; Adopt RESOI UT ION OE[IARi NG AND ESIABLISNING FORIMTION
Of OIS iRI C.i AND AUTNOA IZI NG IE VY 6 SPECIAL TA%
CITY COUNCIL: Adopt RE SOL LIT ION DECLARING NECE SS1 iY TO INCUR BONDFD
I NDERTEDNESS ANO SUBMI?TI NG PROPOSITION TO VOTE AS
CITY COUNCIL: Adapt RESOLUII ON AUTNOA IZ ING fiLINC D< WIT TEX ARGUNEXT
CITY COUNCIL: Adopt RESOLUTION DIRECTING CITY Ai 1pNNEY TO PREPARE
7MPARTt AL ANAIYS IS
CtiY COUNCIL: Ado of RESOLUTION REOUE STI NG COUNTY i0 MOLD SPECIAL
MAILED BALLOT EL ECiION
[tiY COUNCIL: Ado pl RESOI VT ION PAOV 701 NG FOR III ING OF RECUT TAL
AAGUMEN75
v "v•
~7 O
BAlLOi PROPOSITION
CITY OF RANCHO CUCAMONGA (CONNIMITY FACILITIES
OISiR ICT N0. Rd-1, DAY CREEK ptA IMAGE SYSTEM)
AUTHORIZATION TO INCIM BONGED INOEBTEONESS ANO
AUTNORIZAT ION FOR SPECIAL TAX LEVY
Sha11 the Lity of Rancho Cucamonoa,
[ammuni ty Fad titles Ot strict Xo.
R4-1 (Day Creek Oraina9e System) incur
a Dolled irMebt ednesf in an amount not
to exceed f20,225,000.00, to Finance YES
certain puDli r, host al drainage improve-
ments to meet the needs of new develoD-
ment wltMn the [ommunitY Fxilit iei
075tr ict, ind cads no all appurtenant XO
work mcessary all incidental expenses,
said Indebtedness to be secured Dy
annual iy levied sped al tuest
TNe rate and method o1 apportionment of the special tax shall generally be•
follows:
TDe Community saes litte5 0lstrict has Deen divided into two :ones:
1. ZOXE ^A': &neral areas to De carved by the drainage facilities, exclusive of
lone ^B',
2. ZONE "B': A Itmited area, De ing only Dart sal ly serves by trainape qd Nties,
lone 'B^ consists of [nose Ropertfes bounded on the South Dy FOOiNill
BOIIIEYARO, on the East by ROCHESTER AVENUE, on the Xorth Dy B115E LINF
ROAD, all an the Nest Dy LNe prolongatl on of NILLIKEX AVENUE.
TNe rate method aril formula for the levy W the sped aJ tax for the respect iv! cones,
De ing Zone ^A• and Zone "B^, Is as folloXS, based upon a Dond anount not la nteed
220,225,000.00, payeb le over a period of years ndt to exceed twenty (2D) years,
ZONE ^A': NOT 70 EX[EEO (550.00 PEA A[R F.
ZONE "0"" XOi TO EKCEED f550.00 PER ACHE FOR 190 ACRES. At Such tine as the
/shat drat nape clan is estaDllihed for Zone "B^, only thoi! properties
that drain into the DAY CREEK CHANNEL sM11 De 5uD)ect [o the ipecHl
drainage fee. Areas of Zone "B" in excess ai 190 acres that do tram
into the DAY CRFfK CHANNEL shall be subject to a dr ainege fee.
• .:
/~
RESOLUTION N0. ~''~`~~?
• RESOLUTION OF THE Citt COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, LALIFOR NIA,
ORDERING CERTAIN CHANGES AND MODIFICA-
T10N$ TD THE RESOLUTION OF INTENTION
AND PROCEEDINGS RELATING TO THE FORMA-
TION OF A COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, (hereinafter
referred to as the "legislative body of the local Agency"), has previously declared
its intention and ordered the preparation of a "Report" relating to the initiation of
proceedings to create a Community Facilities District pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 19A2", Deinq Chapter 2.5,
Part 1, Division 2, Title 5 of the Government Code of the State of Californf a. This
Community Facilities Dist riot shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT N0. 84-1
(DAY CREEK DRAINAGE SYSTEM)
(hereinafter referred to as the "District"); and,
WHEREAS, notice of a public hearing relating to the extent of the District, the
furnishing of certain facilities and all other related matters has been given, and a
"Report", as ordered by this Agency, has been considered, and at this time ft is
• hereby determined that certain changes and modifications in the Resolution of Inten-
tion and proceedings should be ordered.
NOW, THEREFORE, IT 1S HEREBY RESOLVED AS FOLLONS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That ft is in the best public interest and convenience to order certain
changes and mod if fcat ions to the proceedings and Resolutf on of Intention,
as they relate to the formation of the District, and said changes and
modifications are as set forth in the attached, incorporated and refe-
renced Exhfbit "A".
SECTION 3. That the proceedings, Resolution of int ent fon and "Report" of the
Engineer as now modified, shall stand for all future proceedings as the
Resolution of Intention, proceedings and "Report" for the District.
APPROVED and ADOPTED this day of 19A4.
CiTv OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
ATTEST:
Y L K
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
!~~
CITY OF RANCHO CUCAMONGA •
COMMUNITY FACILITIES DISTRICT NO. A4-1
(DAY CREEK ORAINAC,E SYSTEM)
EXHIBIT "A"
The proceedings and Resolution of Intention for the COMMUNITY FACILITIES DISTRICT N0.
84-1 (DAY CREEK DRAINAGE SYSTEM) for the CITY OF RANCHO CUCAMONGA, are hereby ordered
to be amended and wdif led to the fol lolling particulars:
•
•
/'7 3
~i
u
•
STATE OF CALIFORNIA
COUNTY OF SAN BERNAROINO
CITY OF RANCHO LOCi~MONGA
I, LRUREN M. NASSERMAN, CITY CLERK of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was
duly passed, approved and adopted by the City Council, approved and signe y the
Mayor, and attested by the City Clerk, all at the meeting of said City
Council held on the day of 1'984, and that the same
was passed and adopt~'"~y tie following vo e:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBEAS
ABSTAIN: COUNCIL MEMBERS
EXECUTED this day of
California.
19RA, at Rancno Cucamonga,
L K
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
f SEAL 1
RESOLUTION N0. '"' ~~~ - - ~~
• RESOLUTION OF THE CITY COUNCTL OF THE
CITY OF RANCHO CUCAMONGA, CRL iFORNIA,
MAKING CERTAIN PRELIMINARY FINDINGS
AND PASSING UPON PROTESTS
WHEREAS, the CTTY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, (hereinafter
referred to as the "legislative body of the local Agency"), has previously declared
its intention and ordered the preparation of a "Report" relat inq to the initiation of
proceedings to create a Community Facilities District pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982", he inq Chapter 2.5,
Part 1, Division 2, Title 5 of the Government Code of the State of California. This
Community Facilities District shall hereinafter be referred to as
COMMUNITY FAL IL iTIES DISTRICT N0. 84-1
(DRY CREEK DRAINAGE SYSTEM)
(hereinafter referred to as the "District"): and,
WHEREAS, notice of a public hearing relating to the extent of the District, the
furnishing of certain facilities and all other related matters has been given, and a
"Report", as ordered by this Agency, has been presented to this Agency and has been
made a part of the record of the hearing on the Resolution of Intention to establish
said District; and,
• NH ER EAS, it has been further determined that written protests have not been filed by
property owners of one-half (1/2) or more of the area of the land in the territory
proposetl Lo be included in said District: and,
WHEREAS, all communications rel at inq to the establishment of the District, the extent
of the District, and the types of facf lilies, as well as the rate and method of
apportionment of the special tax, have been considered, and at this time this legis-
lative body is desirous to proceed: and
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
A
SECTION 2. That written Prot"~~ have not been filed by landowers of one-half (1/2)
or IIUre of the (a a of land in the territory proposed to be included
within the Distri
SECTION 3. Except where ch anges and modifications have been made, all protests and
objections are hereby overruled and denied.
SECTION 4. it is hereby further determined by this legislative body to proceed with
the formatfon and establishment of the District, formally known and
designated as the "COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK
DRAINAGE SYSTEM)".
/'7J
SECTION 5. The "Report", as previously reviewed and made a part of the record of tt•
hearing, is ordered to be kept on file with the transcript of these pro-
ceedings and open for public inspection.
SECTION 6. It is hereby further determined by Lh is legislative body that all pro-
ceedings prior hereto were valid and taken in conformity with the
requirements of law, and specifically the provisions of the "Mei to-Roos
Community Facilities Act of 19A2", and this finding is made pursuant to
the provisions and authorization of Section 53326 of the Government Cade
of the State of California.
SECTION 7. It is hereby further determined by this legislat ive body that the pro-
posed capital project facility is necessary to meet the increased demands
placed upon this local Agency as a result of new development and/or
rehabilitation within the District.
APPRDVED and gDOPTEO this day of 1984.
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
ATTEST: •
Y L K
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
•
~~~
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
I, LAUREN M. WA SSERMAN, CITY CLERK of the CITY OF RANCHO LUCAMONGA, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was
duly passed, approved and atlo pt ed by the City Council, approved and signe y the
Mayor, and attested by the City Clerk, all at the meeting of said Lity
Council held on the day of -Tg84, and that the same
was passed and adopte~by-tTie following vote:
AYES: COUNCIL MEMBERS
NOES: COUNC iL MEMBERS
ABSENT: COUNCIL MEMBERS
• ABSTAIN: COUNCIL HtE MBERS
E%ECUTED this day of 19P4, at Rancho Cucamonga,
California.
L K
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
f SEALI
.- -,
• RESOLUTION N0. 2 =! -'
RESOL U7i0N OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, LAL IFORNiA,
DECLARING AND ESTABLISHING THE FORMA-
TION OF A COMMUNITY FACILITIES DISTRICT,
AND AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS
WHEREAS, a public he arinq has been held and concluded, and the CITY COUNCIL of the
L iTY OF RANCHO CUCAMONGA, CALIFORNIA, (hereinafter referred to as the "legislative
body of the local Agency"), is desirous at this time to proceed with the
establishment of a community facilities district, pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1962", beino Chapter 2.5,
part 1, Division 2, Title 5 of the Government Code of the State of California, said
Community Facilities Ois[r ict shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT N0. A4-1
(DAY CREEK DRAINAGE SYSTEM)
(hereinafter referred to as the "District"); and,
WHEREAS, this legislative body has further declared its intent that the authorized
public facilities be financed through the issuance of bonds, said bonds secured by
the levy of a special tax: and,
• WHEREAS, inasmuch as there are less than twelve (12) resist ered voters re5 iding
within the territory of the District, and have been for at least the prece eding
ninety (90) days, this legislative body is desirous to submit the levy of the
required special tax to the landowners of the District, said landowners being the
gust if ied electors as authorized 6y law,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That thfs legislative body does hereby establish and declare the forma-
tion of the Community Facilities Distrfct known and des ignated as
"COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM)".
SECTION 3. That the boundaries and parcels of land in which the public facilities
are to be provided and on which special taxes will be levied in order to
pay the costs and expenses for said public facilitfes are generally
described as follows:
Certain properties lying within the following described boundaries:
Southerly by FOURTH STREET
Westerly by MILL IK EN AVENUE
Northerly by the Northerly City limits of the City of Rancho Cucamonga
_ (HIGHLAND AVENUE and WILSON AVENUE)
Easterly generally by ETIWANDA AVENUE
For part fcu tars, references is mad2 t0 the map as previously approved and
on file in the Office of the City Clerk,
SECTION 4. A general description of the public capital facilities which this lepi
lative body is authorized 6y law to construct, own or operate, which ar
the facilities to be improved under these proceedings, are generally
described as follows:
PRIMARY DRAINAC,E FACILITIES TO SERVE ZONES "A" AND "B":
DEBRIS BASIN: The construction of flood control retention and
water rec amation basin improvements in the unincorporated area
North of the Lity.
DAY CREEK: Major flood control channel improvement ezt endino from
The~etl-ris basin to the Southerly boundary of the City of Rancho
Cucamonga (FOURTH STREET)
II. JOINT COOPERATIVE IMPROVEMENTS
In cooperation and coordination with the City of Ontario, assis-
tance shall be provided for the construction of the following:
DAY CREEK CHANNEL improvements
E TiWANDA CHANNEL improvements
WINE VTLLE BASIN flood control retention and water reclamation bas i~
mprove~ ment5
RIVERSIDE BASIN flood control retention and water reclamation
improve'- me~~-
The above improvements are located outside of the incorporated
limits of the Gity of Rancho Cucamonga, but necessary to serve the
properties and development within said City.
III. FEDERALLY ASSISTED FACILITIES
The construction of certain DAY CREEK spreadf ng grounds and the DAY
CREEK BASIN, only upon the condition that certain Federal interest-
free loans are obtained, including the acquisition of rights-of-way
and land, a5 necessary, including other facilities, appurtenances
and all incidental expenses.
SECTION 5. That a special tax, except where funds are otherwise available, is hereby
authorized, subject to voter aD Drov al, to be levied annually within the
boundaries of said District. For particulars as to the rate and method
of apportionment of the proposed special tax, reference is made to the
attached and fncorporated Exhibit "A", wit ich sets forth in cufficien
detail the method of apportionment to ailow each landowner or residen~
within the proposed District to clearly estimate the annual amount that
said person will have to Day for said facilities.
1nG
SECTION 6. This legislative body herewith submits the levy of the special tax to the
landowners of the District, said landowners being the electors and per-
sons qualified to vote.
SECTION 7. This legislative body hereby further directs that the ballot proposition
rel at Ina to the levy of the above referenced special tax be combined and
consolidated with the proposition relating to the incurring of a bonded
indeht edn ess. This Resolution shall not constitute the notice of the
election and the Resolution declaring the necessity to incur the bonded
indeht edn ess shall constitute the notice of the combined election
relating to the bonded indebtedness and authorization for the special tax
levy.
APPROVED ar,d ADOPTED this day of 19 R4
CITY OF RANCHO LUCAMONGA
STATE OF CAL iFORNIA
ATTEST:
• Y L K
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
~P~
CITY OF RANCHO CUCAMOIiGA •
COuMUNITY FACILITIES DIS TP.i CT N0. 84-1
(DAY CREEK DRAINAGE SYSTEM)
E%HIBIT "A"
The Community Facilities District has been divided into two zones:
1. ZONE "A": General areas to be served by the drainage facilities, exclusive of
Zone "B".
2. ZONE "B": A limited area, being only partially served by dr ainage facilities.
Zone "B" consists of those properties bounded on the South by FOOTHILL
BOU tE VAR D, on the East by ROCHESTER AVENUE, on the North 6y BASE LINE
ROAD, and on the West by the prolongation of MILL IKEN AVENUE.
The rate, method and formula for the levy of the special tax for the respective
zones, being Zone "A" and Zone "B", i5 as follows, based upon a bond amount not to
exceed E20,225,000.00, payable over a period of years not to exceed twenty (20)
years.
•
ZONE "A": NOT TO EXCEED E550.00 PER ALRE.
ZONE "B"" NOT TO EXCEED 8550.00 PER ACRE FOR 190 ALRES. At such time as the
final draf nape plan is established for Zone "6", only those properties
that Qrain into the DAY CREEK CHANNEL shall be sub,i ect to the special
drainage fee. Areas of Zone "B" in excess of 1g0 acres that do drain
into the DAY CREEK CHANNEL shall be subject to a drain ape fee.
•
!~i
STATE OF CAL iFORNIA
COUNTY OF SAN BER NARDiNO
CITY OF RANCHO CUCMIONGA
I, LAUREN M. NASSEP,MAN, CITY CLERK of the CITY OF RANCHO CUCAMONGA, CAL iFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was
duly passed, approved and adopted by the Lity Council, approved and slgne y the
Mayor, and attested by the City Clerk, all at the meeting of said City
Council held on the day of ~-; T984, ane that the same
was passed and adopt ~y-fie follow ng vote
AYES: COUNCIL h1EMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
• ABSTAIN: COUNCIL MEMBERS
EXECUTED this day of 19A4, at Rancho Cucamonga,
California.
CITY OF RANCHO CUCAMONGA
STATE OF CRL iFORNIA
f SEAL
1~1
RESOLUTION N0. of -.i
• RESOLUTION Of THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, LAL IFORNiA,
DECLARING NECE SS iTY TO INCUR A BONDED
INDEBTEDNESS, AND SUBMITTING TO THE
OUALIF IED VOTERS OF A COMMUNi TY FACI-
LITIES DISTRICT A PROPOSITION TO INCUR
A BONGED INDEBTEDNESS SECUR EO BY A SPE-
CIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL
FACILITIES IN A LOMMUN ITY FACILITIES
DISTRICT, AND GIVi NG NOTICE THEREON
WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCMiONGA, CALIFORNIA, (hereinafter
referred to as the "legislative body of the local Agency"), has previously declared
its intention and held and conducted a public hearing relating to the issuance of
bonds to be secured by special taxes to pay for certain capital faciiit ies in a
community facities district, as authorized pursuant to the terms and provisions of
the "Mello-Roos Community Facilities Act of 1982", Deing Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California, said Community
Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT N0. A4-1
(DAY CREEK DRAINAGE SYSTEM)
• (hereinafter referred to as the "District"): and,
WHEREAS, at this time this legislative body is desirous to proceed to make the
necessary findings to incur the bonded indebtedness, to declare the purpose for said
debt, and to authorize the Submittal of a combined proposition to the voters of safd
District, all as authorized and required 6y law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the purpose for the proposed bonded indebtedness and facilities
proposed to be financed through the issuance of said bonds, i5 generally
described as follows:
Tp ffnance the construction and installation of certain public capitai
drainage facilities, together with appurtenances and appurtenant work,
and all incidental expenses, to serve and provide drainage protection to
properties within the boundaries of the proposed Community Facilities
District.
SECTION 3. That this legislative body further expressly declares and states that it
is necessary to incur a bonded indebtedness as authorized under the terms
and provisions of the "Mello-Roos Community Facilities Act of 1982", in
order to finance the above-described public capital facilities.
SECTION 4. That the whole of the District will pay for the above-referenced bonded
.~ indebtedness. A general description of the District 15 as follows:
Certain properties lying within the following described boundaries: •
Southerly by FOURTH STREET
Westerly by MILL IK EN AVENUE
Northerly 6y the Northerly City limits of the City of Rancho Cucamonga
(HIGHLAND AVENUE and WILSON AVENUE)
Easterly generally by ETIWANDA AVENUE
SEC TiON 5. That the amount of the proposed bomied indebtedness, including the cost
of the facilities, together with all incidental expenses, is generally as
follows:
SAID PROJECT FAC iL ITIE S, INCLUDING INCIDENTAL E%P ENSE S, SHALL NOT E%LEED
520,225,000.00.
For further particulars, reference is made to the "COMMON iTY FACILITIES
DISTRICT REPORT^, as on file in the Office of the City Clerk.
SECTION 6. That it is hereby further determined that serial bonds shall 6e fssued to
generally De payable in twenty (20) annual installments from their date,
and said bonds may be issued in differi nq series, at differing times.
The maximum rate of interest to be paid on said Donds shall not exceed
the greater of either twelve percent (12%) per annum or the maximum rate
permitted by law at the time of sale of any of said bonds. The intere~
on said Donds shall 6e payable semi-annually, and the principal on sa
bonds shall 6e paid annually, with all payments being made to the
registered owner of said bonds, as authorized by law.
SECTION 7. It is ex Dressly stated and declared that the proposition relat inq to the
incurring of the bonded indebtedness shall 6e submitted tp the voters and
be conso~l idated with the authorization to levy the special taz, and said
special election shall be held on the 26th day of June, 19A4, and said
election shall be a special mailed Ballow election conducted by the
County Registrar of Voters. if the proposition for the levy of the
special tax and the incurring of a bonded indebtedness receives the
approval of more than two-thirds (2/3) of the votes cast on the proposi-
tion, bonds may 6e authorized, issued and sold for the purposes Set forth
herein. The bonds may be issued in differing series, and said bonds,
except wfiere other funds are made available, shall be paid exclusively
from the annual levy of the authorized special tax, and are not secured
by any other tax inq power or funds of the City of Rancho Cucamonga.
SECTION A. Ballots cast shall be receivi~d by the official from whom they were
obtained no later than 12 o'clock midnight on election day,
SECTION 9. That the combined ballot proposal to be submitted to the puallfied voter
by special mailed ballot election shall generally be as follows:
~~N
• PROPOSITION
CITY OF RANCHO CUCAMONGA (COMMUNITY FACILITIES
DISTRICT N0. 84-1, DAY CREEK DRAINAGE SYSTEM)
AUTHORiZAT ION TO INCUR BONDED INDEBTEDNESS AND
AUTHORIZATION FOR SPECIAL TA% LEVY
Shall the Lity of Rancho Cucamonga,
Community Facilities District No.
84-1 (Day Creek Drainage System) incur
a bonded indebtedness in an amount not
to exceed 520,225,000.00, to finance
certain public capital drainage improve-
ments to meet the needs of new develop-
ment within the Community Facilities
District, including all appurtenant
work necessary and incidental expenses,
said fndebtedn ess to be secured by
annually levied special taxes?
YES
NO
The rate and method of apportionment of the special tax shall cenerally
be as follows:
The Community Facilities District has been divided into two zones:
• ZONE "A": General areas to be served 6y the drainage facilities,
exclusive of Zone "B".
ZONE "B": A limited area, being only partially served by drainage faci-
lities. Zone "B" consists of those proDert ies bounded on the
South by FOOTHILL BOULEVARD, on the East by ROCHESTER AVENUE,
on the North by BRSE LINE ROAD, and on the Nest by the pro-
longation of MILLIKEN AVENUE.
The rate method and formula for the levy of the special tax for the
respective zones, being Zone "A" and Zone "B", is as follows, based upon
a bond amount not to exceed E20,225,000.00, payable over a period of
years not to exceed twenty ('10) years.
ZONE "A": NOT TO E%CEED 5550.00 PER ACRE.
ZONE "B"" NOT TO EXCEED 5550.00 PER ACRE FOR 190 ACRES. At such time
as the final drainage plan is established fnr Zone "B", only
those properties that drain into the DAY CREEK CHANNEL shall
be sub,iect to the special drainage fee. Areas of Zone "B" in
excess of 190 acres that do drain into the DAY CREEK CHANNEL
shall be sub,j ect to a drainage fee.
SECTION 10. That the aDPropriate mark placed in the voting square after the word
"YES" shall be counted in favor of the adoption of the proposition, and
the appropriate mark placed in the voting square after the word "NO" in
the manner as authorized, shall be counted against the adoption of said
proposition,
~ ~ -
SECTION il. That the special election hereby called for the date as preyious~
specified shall 6e, and i5 hereby ordered to De a special mailed Gal to
election to be held on said date, with vot Ina to be done by landowners
in the manner and form as authorized pursuant to the Elections Lode Of
the State of California,
SECTION }2. The City Clerk shall cause this Resolution to be published once a week
for two 5ucces sive weeks in the DAILY REPOR i. This Resolution shall
constitute the notice of the special bond election and authorization to
levy a special tax.
APPROVED and ADOPTED this _ day of __ }9gq,
Y
CITY OF RANCHO LUCAMONGA
STATE OF CALIFORNIA
ATTEST:
L
LITY DF RANCHO CUCAMONGA
STATE OF CALIFORNIA •
•
1~~
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
I, LAUREN M. WASSERMAN, CITY CLERK of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being ReS Olut ion No. was
duly passed, approved and adopted by the Lity Council, approved and signed by the
Mayor, and attested by the City Clerk, all at the meeting of said Lity
Council held on the day of --T964, and that the same
was passed and adopte y t e following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
• ABS TA iN: COUNCIL MEMBERS
EXECUTED this day of 1964, at Rancho Cucamonga,
California.
L n
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
fSEALI
Iqn
• RESOLUTION N0. %~-"-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CAL IFORNiA,
AUTHOR iZING THE FILING OF WP.ITTEN RRf,U-
MENTS REGARDi NG CITY BALLOT PROPOSITION
WHEREAS, a special municipal election is to be held in the LITY OF RANCHO CUCMIONGA,
C AL IFORNiA, (hereinafter referred to as the "local Agency"), at which time there will
be submitted to the qualified electors of said City certain propositions relating to
the authorization to levy a special taz and the incurring of a bonded indebtedness in
order to pay for certain capital facilities in a community facilities district,
pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982",
b einp Chanter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
California, said Community Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DiS TRICT N0. 84-1
(DAY LR EEK DRAINAGE SYSTEM)
(hereinafter referred to as the "District"); and,
WHEREAS, the combined ballot proposition to be submitted to the qualified electors of
the District, being the landowners within the District, is generally set forth as
follows:
• Shall the City of Rancho Cucamonga,
Community Facilities District No.
A4-1 (Day Creek Drainage System) incur
a bonded indebtedness in an amount not
to exceed 820,225,000.00, to finance
certain public capital drainage improve-
ments tg meet the needs of new develop-
ment within the Community Facilities
District, including all appurtenant
work necessary and incidental expenses,
said indebtedness to be secured by
annually levied special taxes?
NOW, THEREFORE, IT iS HEREBY RESOLVED AS FOLLOWS:
YES
NO
SECTION 1. That the above recitals are all true and correct,
SECTION 2. That this legislat ive body does hereby authorize the following persons to
file written a. gume nts in favor of the combined ballot proposition as set
forth in the recitals hereof, in accordance with the provisions and
authorization of the Elections Lode of the State of California, and said
arguments may be ch anged up to and inc ludinp the date a5 fazed by the
City Clerk, after which said time no arguments for or against said Lfty
• combined ballot proposition may be submitted:
~~~
APPROVED and ADOPTED this day of 19A4.
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
ATTEST:
Y L K
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
3 '~u
u
•
n
u
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
I, LAUREN M. NASSEP,MAN, CITY CLERK of the CITY OF RANCHO CUCAMONGR, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was
duly passed, approved and adopted by the Lity Council, approved and signed -6y the
Mayor, and attested by the City Clerk, all at the meeting of said City
Council held on the day of T984, and tha: the same
was passed and adopt~6y tFie following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
• ABSTAIN: COUNCIL MEMBERS
E %ECUTED this day of 1gR4, at Rancho Cucamonga,
California.
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
[SEAL1
•
jw7
• RESOLUTION N0. Z°
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CAL IFOR Ni A,
DIRECTING THE CITY ATTORNEY TO PREPARE
AN SMPAkTI AL ANALYSIS ON A COMBINED
BALLOT PROPOSITION
WHEREAS, a special manic iDal election is to be held in the CITY OF RANCHO CUCAMONGA,
CALIFORNIA, (hereinafter referred to as the "local Agency"), at which time there will
be submitted to the qualified electors of said City certain propositions relating to
the authorization to levy a special tax and the incurring of a bonded indebtedness in
order to pay for certain capital facilities in a community facilities district,
pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1962",
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
California, said Community Facilities District shall hereinafter be referred to as
COMMUNITY FALiLITIES DISTRICT N0. 84-1
(DAY CREEK DRAINAGE SYSTEM)
(hereinafter referred to as the "District"); and,
WHEREAS, the combined ballot propositfon to be submitted to the qualified electors of
the District, being the landowners within the District, is generally set forth as
follows:
•
Shall the City of Rancho Cvcamonva,
Community Faci if tf es District Nc.
84-1 (Day Creek Drainage System) incur
a bonded indebtedness in an amount not
to exceed E20, 225,000.00, to finance
certain public capital drainage improve-
ments to meet the needs of new develop-
ment within the Community Facilities
District, including all appurtenant
work necessary and incidental expenses,
said indebtedness to be secured by
annually levied special taxes?
YES
NO
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above reef tals are all true and correct.
SECTION 2. That the City Clerk shall fmmediately transmit a copy of the proposed
b ai lgt proposition to the City Attorney, and the Lity Attorney is hereby
directed to prepare an impartial an al ysfs on the combined ballot proposal
relatfnq to the incurring of a hooded indebtedness secured by special •-
taxes fn order to pay for certain capf tal facilities in a Community Facf-
if ties District. Said analysis shall zhow the effect of the proposition
on the existing law and the general operation of the proposed ballot
proposition.
~-i
APPROVED and ADOPTED this day of 19R4. •
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
ATTEST:
Y L K
LITY OF RANCHO CULAMONGA
STATE OF CALIFORNIA
•
•
IG%-
STATE OF CALIFORNIA
COUNTY OF SAN BERNAROINO
CITY OF RANCHO CUCAMONGA
1, LAUREN M. NASS ERMAN, CITY CLERK gf the CITY OF RANCHO LUCAMONGA, CAL IFORNiA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resoiut ion No. was
duty passed, approved and adopted by the City Council, approved and s--igned 6y the
Mayor, and attested by the City Clerk, all at the meeting of said City
Council held on the day of -7984, and that the same
was passed and adopted 6y tie following vo e:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
t ABSTAIN: COUNCIL MEMBERS
EXECUTED this day of 19H4, at Rancho Cucartanga,
California.
L K
CITY OF RANCHO CUCAMONGA
STATE OF CAL iFORNIA
(SEAL1
n
U
~ `! 3
RESOLUTION N0. r'' -_-
• RESOLIIT ION OF THE CITY COUNCIL CF THE
CITY OF RANCHO CULAMONGA, CALIFORNIA,
R EOUESTI NG THE BOARD OF SUPERVISORS TO
CONDUCT A SPECIAL M4llE0 BALLOT ELEC-
TION REL"ATI NG TO THE INCURRING OF BONDED
i NDEBTEDNESS AND THE LEVY OF A SP ECTAL
TAX IN A COMMUNITY FACILITIES DISTRICT
NHEREAS,~the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, (hereinafter
referred to a5 the "legislative body of the local Agency"), has called a special
election to be held in this Agency on the 26th day of June, 1984, for purposes of
submitt ino to the qualified electors a ballot proposition relating to the incurring
of a bonded indebtedness and authorization to levy a special tax to secure Said bonds
in order to Day for certain capital facilities in a community facilities district, as
authorized pursuant to the provisions of the "Mello-Roos Community Facilities Act of
1982", being Lhapt er 2.6, Part 1, Division 2, Title 5 of the Government Coee of the
State of California, said Community Facilities District shall hereinafter be referred
to as
COMMUNITY FACiI ITIES DISTRICT N0. 84-i
(DAY CREEK DRAINAGE SYSTEM)
(hereinafter referred to as the "District"): and,
• WHEREAS, said special municipal election has been called, and said election will be a
special mailed ballot election by landowners of the Community Facilities District,
all pursuant to the provisions of applicable Sections of the Elections Code; and,
WHEREAS, it is further desired that said sped al municipal mailed bal Tot election be
conducted by the San Bernardino County Registrar of Voters.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Board of Supervisors of the County of San Bernardino is hereby
formally requested to consent and agree to conduct a special mailed
ballot municipal election of landowners of the District for the purpose
of su bmitt inq to the electors, being the landowner a certain combined ~
ballot proposition to appear on the ballot genera~~s follows:
PROPOSITION ~l.///
CITY OF RANCHO CUCPMONf,A (COMMUNITY
FACTLiTTES DISTR]CT N0. 84-1, DAv
CREEK DRA1NAf,E SYSTEM) AUTHOR RATION
TO INCUR BONDED INDEBTEONE SS AND
AUTHORIZATION FOR SPECIAL TAX LEVY
,4
Shall the City of Rancho Cucamonga,
Community Facilities District No.
R4-1 (Day Creek Drainage System) incur
a bonded indebtedness in an mnount not
to exceed 520,225,000.00, to finance
certain public capital drainage improve-
ments to meet the needs of new develop-
ment within the Community Facilities
District, including all appurtenant
work necessary and incidental expenses,
said indebtedness to be secured by
annually levied special taxes?
YES
NO
u
SECTION 3. Said Lgunty of San Bernardino is hereby authorized to canvass the returns
of said municipal election, and said election shall be held in all
respects in accordance with the provisions of the applicable Sections of
the Elections Code of the State of California.
SECTION 4. Said County is further requested to issue the appropriate instructions to
the Registrar of Voters to take any and all steps necessary for the
holding of said special mailed ballot election. It is hereby further
stat ee that the County is requested to permit the Registrar of Voters to
perform and render all services and proceedings incidental to and
connected with the conduct of the election, and said services shall als•
be include, but not be limited to the following:
1. Furnish a tabulation of the number of puss i6le votes within the
Community Facilities District;
2. Handle the mailing of the ballots and other services relating to the
special municipal election;
3. provide ballots and all other printed matter into envelopes for
mailing, and cause the same to be mailed as required by law:
4. Canvass the returns and furnish a tabulation relat inq to the member
of votes pfven.
SECTION 5. it is further acknowledged that the County of San Bernardino shall be
reimbursed in fuel for any services performed by the Registrar of Voters
for this Agency upon present at at ion of a bill therefor, and that this
Agency further agrees to indemnify and to save free and harmless the
County, its officers, agents and employees, from any expense or
liability, including reasonable attorneys' fees as the result of an
election contest arising after conduct of said election.
SECTION 6, it is hereby further directed that the City Clerk forthwith delfve~
c ert if ted copies of this Resolution to the County Clerk, the Board o
Supervisors of the County of San Bernardino and to the Regfstrar of
Voters of the County of San Bernardino.
/~
• RPPROVEO and ADOPTED this _ day of 1gRq,
CITY OF RANCHO CUCAMONGA
STATE OF CAI IFORNIA
ATTEST:
Y l K
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
•
•
~~
STATE OF CALIFORNIA
COUNTY Of SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
I, LAUREN M. WASSERMAN, CITY CLERK of the CITY OF RANCHO CUCAMONGA, LALIFORNIA, 00
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was
duly passed, approved and adopted by the City Council, approved and signetl y the
Mayor, and attested 6y the City Clerk, all at the meeting of said City
Council held on the day of --- , T984, and that the same
was passed and adopte~by fFe following vo e:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTA iN: COUNCIL MEMBERS
•
EXECUTED this day of 19A4, at Rancho Cucamonga,
California.
L
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
[SEAM
C~
/17
RESOLUTION N0. %'~- :• i
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR BALLvT PROPOSITION RELATING
TO THE"INCURRING OF A 80NDE0 INDEBTED-
NESS SECURED BY A SPECIAL TAX TO PAY
Fpt CAPITAI. FRLILI TIES IN A COMMUNITY
FACILITIES DISTRICT
HH EREAS, a special municipal election i5 to be held in the CITY OF RANCHO CUCA.MONGA,
CALIFORNIA, (hereinafter referred to as the "local Agency"), at which time there will
be submitted to the qualified electors of said City certain propositions relat inq to
the authorization to levy a special tax and the incurring of a bonded indebtedness to
pay for certain capital facilities pursuant to the provisions of the "Mello-Roos
Community Facilities Act of 1982", in a Community Facilitf es District known as
COMMUNITY FACILITIES DISTRICT N0. 84-1
(DAY CREEK DRAINAGE SYSTEM)
(hereinafter referred to as the "District"); and,
WHEREAS, the mailed ballot proposition to be submitted to the qualified electors is
generally set forth as follows:
• Shall the City of Rancho Cucamonga,
Community Facf lilies District No.
84-1 (Day Creek Drainage System) incur
a bonded indebtedness in an amount not
to exceed 520,225,000.00, to finance
certain public capital drainage improve-
ments to meet the needs of new develop-
ment within the Community Facilities
District, includf ng all appurtenant
work necessary and incidental expenses,
Said indebtedness to be secured by
annually levied special taxes?
YES
NO
NHEREAS, this legislative body is gut horned by a majority vote to allow the filing
of rebuttal arguments for any City measure submitted at a municf pal elect ton.
NON, THEREFORE, IT iS HEREBY RESOLVED AS FOLL DNS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That if any person submits an argument against the proposed ballot pro-
position relating to the incurring of a bonded indebtedness to 6e secured
_ by a special tax to pay for certain capital facilfties in a Community
facilities dfstrict, and an argument has been filed in favor of the Cfty
_ measure, the City Clerk Shall then immediately send copies of that argu-
ment to the persons ffling the argument in favor of said City ballot
~5 Y
proposition. The persons filing the argument in favor of the City me~
sure may prepare and submit a rebuttal argument not exceeding 250 words.
The City Clerk shall then send copies of the argument in favor of the
measure to the persons filing the argument against the City measure, who
then may prepare and submit a rebuttal argument to the argument fn favor
of the City measure, not exceeding 250 words. The rebuttal arguments
shall be filed with the Lity Clerk not imre than ten (10) days after the
final date for filing direct argument. Rebuttal arguments shall be
printed in the same manner as direct arguments, and each rebuttal argu-
ment shall immediately follow the direct argument which it seeks to
rebut.
SECTION 3. This right of rebuttal, as provided by this Resolution, is applicable
only to the ballot proposition relating to this Community Facilities
District, and shall not apply to any future municipal elections.
APPROVED and AOOP TED this _ day of 1964.
LITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
ATTEST: •
L K
C iTY OF RANCHO CULAMONGA
STATE OF CALIFORNIA
C
~oA
STATE OF CALIFORNIA
COUNTY OF SAN BERNAROiNO
CITY OF RANCHO CULAMONGA
I, LAUREN M. NASSEAMAN, CITY CLERK of the CITY OF RANCHO CUCAMONGA, CAL IFOA NIA, W
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was
duly passed, approved and adopted by the City Council, approved an stgne y the
Mayor, and attested by the City Clerk, all at the meeting of said City
Council held on the day of `T9gg, and that the same
was passed and adopt easy tFe following vo e:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
• ABSTAIN: COUNCIL MEMBERS
EXECUTED this day of 19Ag, at Rancho Cucamonga,
California.
L
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
fSEALI
ZQ O
J
~, ~< ._.
ORDINANCE NG. rn ~ ~
AN ORDINANCE OF THE C[TY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING CHAPTER 12.03, PUBLIC
IMPROVEMENT CONSTRUCTION PERMITS ANO AMENDING TITLE 12 OF
THE RANCHO CUCAMONGA MUNICIPAL CODE
~_-,%y
r V
The City Council of the Lity of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The following sections of the San Bernardino County Code,
previously adopted by reference, are hereby repealed:
(a) Sections 51.011 through 51.0120 inclusive
(bj Sections 51.021 through 51.0213 inclusive
(c) Sections 51.031 through 51.0310 inclusive
SECTION 2: The Rancho Cucamonga Municipal Code Title 12 is hereby
amended by adding apter 12,03 thereto to read as follows:
CHAPTER 12.03
PUBLIC IMPROVEMENT CONSTRUCTION PERMITS
•
12.03.010 General Provisions
12,03.020 Definitions
12.03.030 City Engineer Duties & Responsibilities
12.03,040 Permits - Required
12,03.050 Permits - Application
12.03.060 Permits - Requirement of Plans
12,03.070 Permits - Commencement and Completion of Work
12,03.080 Permits - Performance of Work
12,03,090 Permits - Acceptance of Work
12.03.100 Permits - Denial and Revocation
12.03.110 Appeal Procedure
12,03.120 Permit Fees
12.03,130 Performance Oepos its
12.03.140 Placement of Material or Obstruction on Streets
12.03.150 Relocation of Structures-Removal of Encroachment
12.03.160 Holding City Harmless
12.03,170 Violation
SECTION 12,b3.010 GENERAL PROVISIONS
A, Titie. This chapter is known as the Construction Permit Code of the
City of Rancho Cucamonga.
B, Purpose/Intent. These standards, guidelines and procedures far the
City of Rancho Cucamonga are hereby established and adopted to
protect and promote the public health, safety, morals, comfort,
convenience, welfare and more particularly;
1. To protect the physical and economic stability of the City by •
insuring adequate construction of public improvements and
prevention of damage to existing public improvements through
negligent construction practices.
To reduce hazards to the public resulting from inappropriate
construction add traffic control procedures during construction
activities effecting streets, highways, sidewalks, drainage
facilities and other public places owned and operated by the
City of Rancho Cucamonga.
12.03.020 DEFINITIONS
CITY ENGINEER - shall mean the City Engineer of the City of Rancho
Cucamonga or his designated representative.
PJ BLIC PLACE - shall mean any public street, way, place, alley,
sidewalk, park, square, plaza or other similar public property owned or
controlled by the City and dedicated to public use.
FACILITY - shall mean any street, sidewalk, curb, gutter, fencing, pipe,
pipeline, tube, main, service, trap, vent, vault, manhole, meter, guage,
regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable,
junction box, transformer, or any other material structure or object of
any kind or character, whether enumerated herein or not which is or •
lawfully constructed, left or placed or maintained in, upon, along,
across, under or over any public place.
SP EC [FICAT[ON -shall mean The Standard S ecif ications For Public Works
Construction (current edition including supplements written and
promulgated by Southern California Chapter American Public Works
Association and Southern California District Associated General
Contractors or California Joint Cooperative Committee and published by
Building mews Inc., and which shall govern all street right of way
construction within the City unless otherwise noted on approved plans.
STANDARD DRAWINGS - shall mean the Standard Drawings of the City of
Rancho Cucamonga approved, adopted and revised by the City Engineer.
PLANS - shall mean the document developed and approved by the City
engineer describing the nature and extent of works proposed to be
constructed or carried out on a public place.
ENCROACHMENT - includes any tower, pole, pole line, pipe, pipeline,
ence, bil oard, stand, or building, or any structure or object of any
kind or character not particularly mentioned in [his divison, which is
placed 'n, under, or over any portion of the highway.
12.03,030 CITY ENGINEER'S DUTIES AND RESPONSIBILITIES
A. Th iS chapter shall be administered by the City Engineer whose •
responsibilities for this Chapter include the following functions to
be carried out either directly or by suDOrdinate employees:
~~..
1. Application Process: Establish the form and process for
app ication for onstruction Ppermits required pursuant to this
_ chapter, Processing includes the certification of completed
applications, the approval of plans, the establishment of files,
collection of fees and security deposits.
2. Interpretation. Interprets the provisions and advise the public
on the requirements of this chapter and all plans,
specifications and special provisions concerning works on
facilities governed 6y the provisions of this chapter.
3, Plan Approval. Establishes format and content of plans and
standards governing the improvements or works on facilities
pursuant to the provisions of this chapter.
4, Permit Issuance, If the applicant for a permit compli eS with
every provision of this chapter the City Engineer may issue to
the applicant a written permit to perform the work set forth in
the application and approval. Any permit authorized under any
of the provisions of this chapter may be issued subject to such
conditions, changes and limitations as are in the discretion of
the City Engineer necessary for the Drotecti on of the public
place, highway or other facility, or to prevent undue
interference with traffic, or to protect both persons and
property within, upon or adjacent to said places from damage or
danger.
. 5. Change in Conditions After Permit Issued, Any permit issued by
the City Engineer untler any of t e Drovisions of this chapter or
the conditions to which it has been made subject, may be amended
or changed if the City Engineer deems such amendment or change
to he necessary for the protection of the highways, or to
prevent undue interference with traffic, or to protect both
persons and property within, upon or adjacent to said highways
from damage or danger. Notification of the amendment or change
shall be made by the City Engineer either by mailing written
notice to the permittee at the address indicated on his
application for the permit, or by making personal service of
said written notice upon [he permittee, The amendment or change
snail be effective either twenty-four (Z4) hours after said
written notice is deposited in the United St ateS mail, or
immediately upon completion of personal service.
6~ Aefus at to Issue Permit, The City Engineer may refuse to issue
permits or may revo a any outstanding permits heretofore or
hereafter issued, or any portion thereof, where the work has not
been started, when the work authorized by the permits, or such
portions thereof is included in the proposed work to be done, by
any existing assessment district, or by any proposed assessment
district for which formation proceedings have been instituted by
the City Council or where prior claims or disciplinary action is
pending against the applicant for permit, which would make it in
the best interest of the City to refuse such action or because
of violations of provisions of the permit or provision of this
chapter,
12.03.040 PERMITS - REQUIRED .
No person shall do any of the following acts except pursuant to a valid
construction permit:
R. Make or cause to he made any excavation or opening, fill or
obstruction in, over, along, on, across, or through any public place
for any purpose whatsoever.
B. Construct or repair or cause to be constructed or repaired any curb,
sidewalk, gutter, curb with intregal gutter, drive approach, alley
approach, spandrel and cross gutter, wheel chair ramp, A.C. dike, or
any other work of any nature covered by City standard drawings or
City policy or place, change, renew and encroachment in, over,
along, on, across or through any street right of way or public place
excepting, however, far or in connection with the installation of
poles, guys and anchors constructed for use under franchise for
public utility purposes where such poles, guys, and anchors do not
interfer or tie within 10 feet of existing improvements.
C. Place any banner over, across, on, or along any street right of way.
D. Plant, remove, cut, cut down, injure or destroy any tree, plant,
shruh or flower growing within any right of way excepting necessary
pruning or trimming to protect persons or property.
E. Construct or modify or cause to be constructed or modified any storm •
drain or conveyor of drainage waters and appurtenant items within
dedicated easements, rights of way, or public place.
F. Modify alter or deface in block wall on or adjacent to public
places,
12.03,050 PERMITS - APPLICATION
Any person proposing to do any of the acts described in Section 12.03.040
shall make application for a construction permit to Che City Engineer.
The fallowing information shall be included on the application:
A. The location, nature and extent of work to be performed.
0. The proposed date when said work shall be commenced,
C. The proposed date when work shall be completed.
D. Such other information as may be required by the City Engineer.
Upon permit issuance the application shall became part of the permit. The
applicant shall allow a minimum of 2 working days for review of the
application.
12.03,060 PERMITS - REQUIREMENTS OF PLANS
If, in the opinion of the City Engineer, Che work proposed to be done requires •
the making of plans or the setting of stakes, or both, the City Engineer may
require the application to be accompanied by the necessary plans, which plans
shall be prepared by a competent engineer licensed by the State of California,
Department of Consumer Affairs to prepare the appropriate documents,
• 12.03.070 PERMITS - COMMENCEMENT AND COMPLETION OF WORK
Every permittee shall complete the work within the time required by the
permit. Permits issued hereunder shall be valid for the period of time
specified in the permits, unless the City Engineer grants a Cime extension.
12.03.080 PERMITS - PERFORMANCE OF WORK
A. The permittee shall perform the work in a timely manner; in
accordance with applicable plans, specifications, and City
standards; and to the satisfaction and under the supervision of the
City Engineer.
1. 24 hour notice is required for all inspections.
2. All work not in conformance with approved plans and
specifications is subject to rejection.
3. Requests for final inspection shall 6e made in writing.
R. Any works conducted requiring the temporary partial or full closure
of the Cr aveled right of way shall not be commenced until the
permittee has Seen issued a "Street Closure Permit" stipulating the
date, time and provision under which closure may be carried out,
Replication for said permit shall be made to the City in the time
and manner as designated by the City Engineer.
C. As the work progresses, all streets shall be thoroughly cleaned of
• all rubbish, excess earth, rock and other debris resulting from such
work. All cleanup operations at the location of such work shall be
accomplished at the expense of the permittee. From time to time, as
may he ordered by the Lity Engineer, and in any event immediately
after completion of said work, the permittee shall, at its awn
expense, clean up and remove all refuse and unused materials of any
kind resulting from said work. Upon failure to do so, within
twenty-four hours after having been notified, said work may be done
by the city and the cost thereof charged to the permittee. Whenever
it may be necessary for the permittee to excavate through any
landscaped area, said area shall be reestablished in a like manner
after the excavation has been backfilled as required. All
construction and maintenance work shall be done in a manner designed
to leave Che area clean of earth and debris and in a condition as
nearly as possible to Chat which existed before such work began.
The permittee shall not remove, even temporarily, any exis[ng trees
or. shrubs without first obtaining the consent of the City Engineer.
D. A persor. shall not prevent or obstruct the City Engineer in making
any inspection authorized by this chapter or in taking any sample or
in making any Lest.
12.03.090 PERM iTS - ACCEPTANCE OF WORK
If the City Engineer, by survey or by inspection or by both, ascertains that
the work contemplated by this chapter has been completed according to the
requirements of the permit issued therefor, and of all of the provisions of
the Dermit, he shall issue, if requested so to do by the permittee, a
certificate of acceptance which shall contain a statement of the Location,
nature, and extent of Che work performed under the permit,
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12.03,100 PERMITS - DENIAL/REVOCATION •
A. The City Engineer may deny the issuance of a permit to any person
who refuses or fails to comply with the provisions of this chapter
who is indebted to the City for past permit violations or who in the
judgement of the City Engineer has repeatedly violated permit
procedures or failed to comply with conditions requiring protection
of the public health and safety.
B, Any permittee found in violation of the conditions of permit or
provisions of this chapter shall be given a written notice to comply
stipulating the applicable violation. Upon receipt of a Notice to
Comply the permi[ee shall take action to correct the conditon of
violation within the period stipulated in the Notice. If within
that period appropriate measures have not been implemented the City
Engineer may revoke the permit and take any measures required to
secure the work site or return the work site to its original
condition.
C. A revoked permit may he reinstated by the City Engineer with no fee
within a period of 15 calendar days if the permitee demonstrates to
the satisfaction of the City Engineer that works will 6e continued
in conformance with applicable permits and code provisions.
D. The Lity Engineer shall require as a condition of permit
reinstatement payment of all charges incurred by the City as a •
result of permit revocation.
12.03.110 APPEAL PROCEDURE
A. Any person aggrieved 6y any decision of the City Engineer with
respect to the issuance, revocation or refusal to issue a permit may
appeal to the Council by filing a notice of appeal with the City
Clerk within 20 days after the date on which the City Engineer takes
the action appealed from.
B. The Council shall thereupon fix a time and place for hearing such
appeal. The City Clerk shall give notice to the appellant and
applicant/permittee of the time and place of hearing by serving the
notice personally or 6y depositing it in [he United States Post
Office in the city, postage prepaid, addressed to such persons at
their last known addresses.
C. Tfie Council shall have the authority to determine all questions
raised on such appeal.
12.03.120 PERMIT FEES
A. R permit fee shall be charged by the City for the issuance of a
"Construction Permit", The fee shall be established by resolution
of Che City Council and is for the purpose of defraying the cast of
issuing the requested permit, inspection of works completed under .
the permit and other costs associated with administration of the
provisions of this chapter,
10,'.
B, Permit fees are heresy waived as a condition of issuance in the case
of the Cucamonga County Water Ois tr ict.
12.03,130 PERFORMANCE DEPOSITS
A. As a condition of is suante of a "Construction Permit" the City
Engineer may require posting of a cash deposit or an equivalent
acceptable to the City Attorney. Said deposit shall be for the
purpose of securing Derformance of work contemplated under the
permit, Each deposit shall be accompanied by a "Restoratf on and
Delineation" or "Performance Agreement" stipulating the uses and
conditions under which said funds may be expended,
B. The amount of the deposit shall be established by the City Engineer,
C. Upon completion and acceptance of work under permit, all funds not
utilized far agreed purposes shall be refunded to the permittee and
any other bonds or security instruments shall be released.
D. If, in the opinion of the City Engineer, any deposit, or any
equivalent or any combination thereof is not sufficient for the
proper protection of the public interest in Che highways including
any trees thereon, the City Engineer may require either an
additional deposit, or an increase in the amount of the equivalent
in such amount as he determines will be sufficient to protect such
public interest,
• Where any deposit or equivalent is determined to be insufficient to
pay ail fees and costs provided for in this division, the permittee
shall, upon demand, pay to the City an amount equal to the
tlef iciency.
Where the permittee fails or refuses to pay the deficiency upon
demand, the City Engineer may revoke the permit and/or recover said
deficiency by appropriate action in any court of competent
jurisdiction. Until such deficiency is paid in full, no other
permit shall be issued to such permittee.
E. Where work is to De done by persons or utilities operating under a
franchise issued by the City or regulated 6y the State Public
Utilities Commission or utilities operated by governmental agencies,
a permit may be granted without making a deposit, [n such cases,
the permittee shall be liable for the actual cost df any work [o be
done by the City in restoring the area covered by the permit to as
good a condition as the same was in before such work was done,
12,03.140 PLACEMENT OF MATERIAL OR OBSTRUCTION ON STREETS
A. No person shall place or maintain any material or any ohstr uction or
impediment to travel in or upon any Dunlic place without a permit to
do so,
8, Persons vfolating provisions of this division shalt be Issued a
notice of removal and given a specified time to remove such
material, obstruction or impediment, Where said material or
aD Struct ion is not removed as stipulated the City may cause said
2~~
removal and bill the persons all cost involved. If the bill for
such removal is not paid by the due date the Ci Ly may recover all •
costs fromthe persons responsible in an action in any court of
competent jurisdiction.
C. Alternative Procedure far Payment -When removal has been completed,
the Lity Engineer shall render to the Finance Director an itemized
statement covering work necessary for such removal. The Finance
Director shall pay the same from the funds of the division or
officer causing said work to be done, and by mail, shall present to
the owner a demand for payment. If payment is not made on behalf of
the owner within sixty (60) days after mailing such bill, the City
may certify to the County Auditor the demands remaining unpaid,
together with the information required by law in such cases. The
County Auditor shall cause the amount of the same to be entered upon
the property from which removal was accomplished, and the said
special assessment and tax shall be included upon the next
succeeding tax statement. Thereafter, the amounts of the assessment
shall be collected at the same time and in the same manner as County
taxes are collected, and are subject to the same penalties and the
same procedure and sale in case of delinquency as provided for
ordinary County taxes.
12.03.150 RELOCATION OF STRUCTURES - REMOVAL OF ENCROACHMENT
The City Engineer may require any person who, pursuant to a duly issued permit
under this division, has performed construction work or placed and maintained •
any encroachment, to move the same at his own :.ost and expense to such
d :'ferent location as is specified in a written demand of the City Engineer,
whenever such move is necessary to insure the safety of the traveling public
or to permit the improvement of the highway and may require the application to
contain a signed statement by the applicant [o this effect, The City Engineer
shall specify in the demand a reasonable time within which the work of
relocation must be conmtenced, and the permittee must commence such relocation
within the time specified in said demand and thereafter diligently prosecute
the same to completion,
12,03,160 HOLDING CITY HARMLESS
The applicant for a permit, as a condition to receiving a permit shall sign a
statement that h2 agrees to indemnify and hold harmless the City and each
officer and employee thereof, from any iiabil ity or responsibility for death
of or injury, loss or damage to property happening or occurring as a result of
the design or performance of any work undertaken under any permit granted
pursuant to the application. As additional protection under this division
City may require permittee to provide proof of insurance naming City as co-
insured for amounts as established by the City Engineer.
•
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• 12.03.110 VIOLRT ION
Every person is guilty of a misdemeanor who violates any provision of this
chapter, or who fails or neglects to comply with any requirement of this
chapter.
SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall
cause a display advertisement of at least one-quarter of apage to be published
pursuant to Government Code Section 36933 (c)(2) withn fifteen (15) days after
its passage at least once in The Oaily Report, a newspaper of general
circulation published in the City of Ontario, California, and circulated in
the City of Rancho Cucamonga, California.
PASSED, APPROVED, and ADDPT'c0 this * day of *, 1984.
AYES:
NOES:
ABSENT:
Jon D. Mikels, Mayor
•
ATTEST:
Lauren M. Wasserman, City Clerk
~. ;~G
l.i Ttl ALI T
•
STAFF REPORT V
March 7, 1984
T0: City Council and City Manager
FROM: Robert A. Pizzo, Assistant to the City Manage
SUBJECT: Cable Television Matters
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There are four items on tonight's agenda which will take the City closer to
establishing some cable television (CATY) "ground rules" aimed at the desires
of the community and bring a "state of the art" CATV system to Rancho
C1~camonga. Currently, there are four CATV companies operating in town with
the City having virtually no regulatory rights in respect to level of service,
service areas, or locally originated programming.
In respect to the regulating rights of the City, it should 6e noted with
recent FCC rulings and bending state and federal legis l8tion, local entities
have little or no right to regulate rates. However, cities do have clearly
defined regulatory rights when it comes to granting a CATY franchise,
establishing franchise requirements, franchise territory, duration of
franchise, use of public streets and ways, levels of service, franchise Cees,
and other regulatory matters along these lines.
The items for Council consideration are as follows: (1) Resolution 84-61, (2)
Ordinance 220, (3) Ord inanee 210-B, and (4) Ordinance 221. Below is a short
description of each of these.
RESOLUTION N0. 84-61
Adoption of this resolution would allow the City Clerk to forgo the complete
printing of the CATV Ordinance (45 pages) and place a display advertisement in
The Daily ReDOrt five (5) days prior to its second reading (if adopted).
Recommentlat ion: Approve Resolution 84-61 as a Cost saving matter.
ONDINANCE N0. 220
This is the City oC flancho Cucamonga Cable Television Franchise Ordinance
which provides the regulatory parameters for the City to grant CATY
franchises. This adtl it TOnal ly provides the framework for the City to require
each resident has the opportunity to receive a "state of the art" CATV hook-up
in his/her home, The provisions in the Ordinance provide for general
regulatory stipulations and allow for subsequent franchise agreements with
CATY companies to call for specific service requirements (i.e., number of
channels, public safety features, education access, local programming, and
other features along these lines).
Recommendation: Adopt Ord inanee No. 220 for first reading, and set second
reading for March 21, 1984.
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torch 7, 1984
Cable Television !fetters
Page 2 •
ORDINANCE 210-B (urgent)
This would extend our currently CATV moratorium on the filing and processing.
oC applications for licenses Lo construct, operate or maintain a CATV system
in the City.
Recommendation: Adopt Ordinance 210-8 which would provide the City sufficient
time to bring its CATV on line and prepare per Council direction a Aequest for
Proposal to provide CATY service to Rancho Cucamonga.
OADINANCE N0. 221
This ordinance rescinds the City's current CATY ordinance, which was adopted
by reference from the County Code. All prov iaiona of the County CATV code are
being rescinded, except 42.0512. 42.0512 allows the City Lo require
additional standards on CATY companies operating to re Clect technical and
economic changes occurring. Below is the section:
42.0512 Rights Reserved to the City
(a) There is hereby reserved to the City the power to
amend any section of Ch SS chapter so as to require additional ar
greater standards of construction, operation, maintenance or •
otherwise, on the part of the licensee to reflect technical and
economic changes occurring during the term, and to enable the City
and the licensee to take advantage of new developments in the came
television industry so as to more effectively, efficiently and
economically serve Lhe public.
(D) Neither the granting of any license nor any prov icon
hereof shall constitute a waiver or bar to the exercise of any
governmental right or power of the City.
Recommendation; Adopt Ordinance No. 221 for first reading, and set second
reatling for torch 21, 1984.
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• NOTICE OF PUBLIC HEARING
RANCHO CUCAMONGA CABLE TELEVISION FAANCHZSE ORDINANCE
Before the Lity Council
Wetlnesday, March 21, '.984; 7:30 p.m.
Lions Park Community Center, 9167 Base Line Road,
Aancho Cucamonga, California 91730
SUBJECT: The City believes the development of cable television and
communications systems has the potential of having great
benefit and impact upon the residents of Rancho
Cucamonga. Due to the complex and rapidly changing
technology associated With cable television, the City
tUrther believes the public convenience, safety and general
ue lfare can Dest be served by establishing regulatory
powers which should be vested in the City or sucn persons
as the City shall designate. It is the intent of this
ordinance and subsequent amendments to provide for and
spec Sfy the means to attain the best Dossib le public
interest and public purpose in these matters and any
franchise issued pursuant to this ordinance shall De deemed
to include this finding as an integral part thereof.
. LOCATION: All properties within the incorporated city limits of
flancho Cucamonga.
ORDINANCE NO.: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING TITLE 7 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE TO PflOYIDE FOR THE ESTABLISHMENT
AND GRANTING OF FAANCHISES OR PRIVILEGES FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF CABLE
COMMUNICATION, OR CABLE TELEVISION SYSTEMS AND FURTHER
PROVIDING FOR THE CONTINUING PECULATION AND ADMINISTRATION
OF THESE FRANCHISES AND THE ACTIVITIES RELATIVE TO THEM.
WBEBE TO Copies of Lhe City of Aancho Cucamonga Cable Television
OBTAIN OB Franchise Ordinance are available for inspection at the
INSPECT COPY: Lhe County Branch Library '_ocatetl at 9161 Base Line, Rancho
Cucamonga. Copies of the Cable Television Franchise
Ordinance may be inspected or purchased at City Hall,
located at 9320 Base Line fload, Rancho Cucamonga. Any
comments or questions concerning the ordinance may be
directed to the Administration Department by writing to
Post Otfice Hox 807, Rancho Cucamonga, California, 91730,
or by calling (714) 9B9-7851.
Lauren M. Wasserman
City Clerk
• PUBLISH:
a,~ 1
• RESOLUTION N0. B l - ~ )
A pESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DIflECTING PUBLICATIONS IN A000RD-
ANCE WITH GOVERNMENT CODE SECTION 36933 (c) (2) - CABLE
TELEVISION FRANCHISE ORDINANCE.
WHEREAS, pursuant to Government Code Section 36933 (c) (2) the City
Council previously designated the City Clerk as the City Official to prepare a
summary of the Cable Television Franchise Ordinance (enabling ordinance); and
WHEREAS, the City Clerk has reported to City Council that he has
determined that it is not feasible to prepare a fair and adequate summary of
the proposed ordinance or of the ore inanee if it is in fact adopted.
NOH, THEREFORE, the City Council of the City of Rancho (LCamonga does
resolve, determine and order as follows:
SECTION 1: At least five (5) days prior to the City Council at wh iph
the prepared Cat le Television Franchise Ordinance is to be adopted, the Ciiy
Clerk shall cause a display advertisement, in the form and content required by
Government Code Seeiion 36933 (c) (2), to be published in The Daily fleport, a
newspaper of general circulation, published in the City of Ontario, and
circulated in the City of flancho Cucamonga.
• SECTION 2: Within fifteen (15) days after adoption of the Cable
Television Franch iae Ordinance, the City Clerk shall cause a display
advertisement, in the form and content required by Government Code Section
36933 (c) (2), to be published Sn The Daily Report a newspaper of general
circulation, published in the City of Ontario, and circulated in the City of
Rancho Cucamonga.
PASSED, APPROVED, and ADOPTED this 7th day of March, 198Y.
AYES:
NOES:
ABSENT:
Jon D. Mike ls, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
213
• oenlNaece No. ~ 7-°
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING TITLE 7 TO THE RANCHO
CUCAMONGA MUNICIPAL. CODE TO PROVIDE FOP THE ESTABLISFA~NT
AND GRANTING OF FRANCHISES OA PRIVILEGES FOA THE CON-
STRUCTION, MAINTENANCE AND OPERATION OF CABLE COMMUNI-
CATION, OR CABLE TELEVISION SYSTEMS AND FURTHER PROVYDING
FOA THE CONTINUING REGULATION AND ADMINISTRATION OF THESE
FRANCHISES AND THE ACTIVITIES RELATIVE TO THEM
SECTION 1: The Rancho Cucamonga Municipal Code is hereby amended by
adding Title 7 thereto to read as follows:
Title 7
Cable Television Systems
antl Franchises
Chanters:
7.01
7.02
7.03
• 7_04
7.05
7.06
7.07
7.08
7.09
7.10
7.17
7.12
Chanter 7.01
GENERAL PflOYISIONS
Sec tions•
7.01.010 Intent
7.01.020 Short Title
7.01.030 Definitions
7.01.040 Notice of PuDllc Hearings
7.01.010 Intent: The City of Rancho Cucamonga finds that the
development of cable television and communications systems has the Dotent ial
of having great benefit and impact upon the residents of Rancho Qicamonga.
Because of the complex and rapidly changing technology associated with cable
11 -l
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television, the City further finds that the public convenience, safety and •
general uel fare can best be served by establishing regulatory powers which
shoo ltl be vested in the City or such persons as the City shall designate. It
is the intent of this ordinance and subsequent amendments to provide for antl
specify the means to attain "the best possible public interest and public
purpose in these matters and any franchise issued pursuant Lo this ordinance
shall be deemed to include this finding as an integral part thereof.
7.01.020 Short Title: This ordinance shall be known and may be
cited as the "City of flancho Cucamonga Cable Television Eranch ise Ordinance."
7.01.030 Definitions: For the Durpose of this ordinance the
following terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, cords used in the
present tense include the NCUre, words in the plural number include the
singular number, and words in the singular number include the plural number.
Words not defined shall De given their common and ordinary meaning.
A. "Additional SuDser fiber Service^ means any serv lce not Snc laded
in "Basic Subscriber Television Service," or "Basic Subscriber Bad io Serv SCe^
or "Institutional Service," including, but not limited to, pay-cable.
B. "Agency Subscriber^ means a subscriber who receives a service in
a government or public agency, school, or non-profit corporation. •
C. "Basic Subscriber Radio Service" means the provision to all
subscribers of such audio programs as the retransmission of Droadnast FM radio
signals, the retransmission oC shortwave, weather, news, time and other
similar audio information and the Lransmission of cab lecast audio slgna ls, all
provided to subscribers at a monthly rate.
D. ^Bas is Subscriber Television Service" means the total of all of
the following:
1. The transmission to all subscribers of all broadcast
television channel signals authorized or permitted by the FCC and provided for
in a franchise agreement.
2. The provis Son to all subsc riDers of non-broadcast open
channel signals, originating from sources outside the Cable Communications
System.
3. The cab lecast ing to all subscribers of Local Origination
programming and Public, Educational and Government Access programming.
4. The transmission to all subscribers of all other caDlecast ing
open channel signals.
Basic Subscriber Television Service may 6e offered to subscribers Sn
on one or more tle rs or combination of programs.
E. "Broadcast 51gna 1" means a television or radio signal that is
transmitted over the air to a wide geographic audience and is received Dy a
Cable Common scat Iona System off-they it or by microwave.
•
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F. "Cable Communications System" or "SVStem," also refe rretl to as
"Cab ie Television System," "CATV System," or "Broadband Communications
Network," means a system of antennas, cables, amplifiers, towers, microwave
links, cab lecasting studios, and other conductors, converters, equipment or
facilities, designed and constructed for the primary purpose of distributing
video programtoing to home sub snr iDers, and the secondary purpose of producing,
receiving, amp lity ing, storing, processing, or distributing audio, video,
digital, or other Forms of electronic or electrical signals.
G. ^Cab lecast Signal" means a nonbroadeast signal that originates
within the facilities of the CaD le Communications System,
H. "Cable-mile" means a linear mile of strand-bearing cable as
measuretl on the street or easement from pole to pole or pedestal to pedestal.
I. "Channel" means a six (b) Megahertz (MHz) frequency band, which
is capaD le of carrying either one (1) standard television or video signal, a
number of audio, digital or other non-video signals, or some combination of
such signals.
J. "Class IV Channel" means a signaling path provided by a CaD le
Communications System to transmit signals of any type from a su0 scriber
terminal to another poin! in the cable to 1•;vi pion system.
• K. "Closed-Circuit" or "Institutional Service" means such video,
audio, data and other services provided to institutional users on an
individual requirement, Private channel basis. These may include, but not De
limited to, two-way video, audio or digital signals among institutions, or
Lrom institutions to residential subscribers.
L. "Commence Construction" means that time and date when
construction of the Cable Communications System is considered to have
commenced, uh ich shall De when the first connection is physically made to a
utility pole, or unde rground ing oC cables is initiated, after preliminary
engineering (strand mapping) and after all necessary permits and
authorizations have been obtained.
M. "Commence Operation" means that time and date when operation oC
the CaD le Communications System is considered to have commenced which shall be
when sufficient distribution facilities have been installed so as to permit
the offering of t1i11 service to at least ten percent (10}) of the tlwe lling
units located within the service area.
N. "Commercial Subscriber" means a subscriber who receives a
service in a place of business, where the service may 6e utilized in
connection with a business, trade, or profession.
O. "Converter" means an electronic device which converts signal
carriers from one form to another.
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P. "Council" means the governing hotly of the City of Poncho
Cucamonga.
Q. "Educational Channel," or "Educational Access Channel" means any
channel where educational institutions are the primary designated programmers.
P. "FCC" means the Federal Communications Commission antl any
legally appo intetl or elected successor.
5. "Franchise" means the nonexclusive rights granted pursuant to
this ordinance to construct and operate a Cable Communications System along
the public uay within all or a specified area in the City. Any such
authorization, in whatever form granted, shall not mean and include any
license or permit required for the privilege of transacting and carrying on a
business within the City as required by other ordinances and laws of this
City.
T. "Franchise Agreement" means a franchise awartl ordinance, or a
contractual agreement, coma In ing the specific provisions of the franchise
granted, including referenced specifications, franchise applications,
franchise requirements, ordinances and other related materials.
U. "Franchise Fee" means the Cee paid 6y the Grantee to the Grantor
in consideration of the use of Lhe public streets and rights-of-way. •
V. "Cove rnment Channel" or "Government Access Cnanne lJ' means any
channel where '_ocal government agencies are Lhe primary designated
frog ramme rs.
N. "Grantee" means any "person" receiving a franchise pursuant to
:his ordinance and under the granting franchise ordinance, and its lawful
successor, transferee or assignee.
%. "Grantor" or "Cl ty^ means the City of Aancho GLcamonga as
rep rasented by the City Council or any delegate ace ing within the scope of its
jurisdiction.
Y. "Gross Annual revenues" means the annual gross revenues received
by Lhe Grantee from all sources of operations of the Cable Communications
System, except that any sales, excise or other taxes collected for direct
pass-through to loco 1, state or fetleral government shall not be included.
Z. "Initial Service Area" means the area of the City which will
receive service initially, as set forth in the franchise agreement.
AA. "Installation" means the connection of the system from feeder
caD le to subscribers' terminals, and the provision of service.
BB. "Leased Channel" or "Leased Access Channe le means any channel or •
portion of a channel available for lease and programming by Dersons or
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• entities other than the Grantee.
CC. ":.Deal Origination Channel" means any channel where the Grantee
is the primary designated programmer, and provides video programs to
subscribers.
DD. "hbnitoring" means observing a communication signal, or the
absence of a signal, where the observer is neither the subscriber nor the
programmer, whether the slgnal is observed Oy visual or electronic means, for
any purpose whatsoever. hbni Loring shall not include systeon+ide, non-
individually addressed sweeps of the system for purposes of verifying system
integrity, controlling return paths transmissions, or billing for pay-cable.
EE. "Local Nonbroadcast Signa l" means a signal that is transmitted
by a CaD le Communications System and that is not involved in an over-the a it
broadcast transmission path.
FF. "Open Channel" means any channel that can be received by all
subscribers, xithout the necessity for special equipment.
GG. "Pav-Cable" or "Pav-Te levlsion" means the delivery to
subscribers, over the Cable Commrn ica Lions System, of television signals for a
fee or charge to subscribers over and above Che charge for Basic Subscriber
Service, or a per program, per channel, or other subscription basis.
• hB. "Penetration" means the result expressed in the percentage
obtained by dividing the total number of potential subscribers in the
franchise area into the number of subscribers receiving service.
II. "Person" means an individual, partnership, association,
organiza Lion, corporation or any lawtLl successor, transferee Dr assignee of
said individual, partnership, association, organization or corporation.
JJ. "Private Channel" or "Closed-Circuit Channel" means any channel
uh ich is available only to subscribers who are prov idetl with special converter
or terminal equipment to receive signals on that channel.
KK. "Programmer" means a person or entity who or which produces or
otherwise provides program Ire terial or information fcr transmission 6y Video,
audio, digits 1, or other signals, either live or from recorded tapes or other
storage media, to subscribers, by means of the Cable Communications System.
LL. "Pub 11c Access Channel" or "Community Access Channel" means any
channel where any member of the general public or any noncommerc lal
organization may be a programmer, witho~it charge, on a first-come, flrst-
served, nondiscriminatory basis, in accortl ante with Che terms of the franchise
agreement,
FPt. "fleasonab le Notice" shall be written notice addressed to the
Grantee at its principal office or such other office as the Crantes has
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designated to the Crantor as the address to which notice should be transmitted •
to it, which notice shall be certified and postmarked not less than four (4)
days prior to that day in which the party giv irg such notice shall commence
any action which requires the giving of notice. In computing said four (4)
days, Saturdays, Sundays and 'holidays recognized by the Grantor shall De
excluded.
NN. "Reasonable Order" shall be written ortlers not excessive or
extreme as to casts or time to comply, governed by sound thinking.
00. "Resident" means any person res!tling in the City as otherwise
definetl by applicable law.
PP. "fles id en tial Suscrib er" means a subscriber who receives a
service in an individual dwelling unit, where the service is not to be
utilized in connection with a business, trade, or profession.
pa. "Sale" shall include any sale, exchange, barter or offer for
sale .
RR. "School" means any nonprofit educational institution including
primary and secondary schools, colleges and universities, both public and
private.
SS. "Section" means any section, subsection, or provision of this •
franoh ise ordinance.
iT. "Service Mea" means the entire geographic area within the City.
GU. "State" means the State of rz liforn ia.
VV. "Street" shall include each of the following which have been
d ed io ated to the puDl is or hereafter dedicated to the public and maintained
under public authority or by others and located within the City limits:
streets, roadways, highways, avenues, lanes, alleys, sidewa l;cs, easements,
rights-0f-way and similar public property and areas that the Grantor shall
permit to be included within the definition of street from time to Lime.
rRi. "Subscriber" means any persons, Cirm, corporation, or other
entity who or which elects Co suD SCr ibe to, for any purpose, a service
provided by the Grantee by means of or in connection with the Cable
Communications System.
XX. "Substantially Completed" means that sufficient distribution
facilities have been installed by the Grantee so as to permit the offering oC
Cull network ae rv ice to at least nine t.y pe roent (90R) of the potential
subscribers in the service area.
YY. "Tapping" means observing a two-way communications signal
exchange, where the oDaerver is neither of the communicating parties, whether •
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*.he exchange is observed by visual or elentronic means, for any purpose
uha tsoever.
7.01.040 Notice of Public Bearings. Whenever a public hearing is
required by a provision of this Title, notice of the Lime and place of said
hearing, inc lud irg a general explanation of the matter to be considered, shall
be given at least ten (10) calendar days before the hearing by publication at
least once in a newspaper of general circulation, published in the City or in
an adjacent city, and circulated in the City, or if there is none, by posting
in at least three pub'_ic places in the City.
Chapter 7.02
GRANT OF FRANCHISE
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Sections:
7.02.010 Grant
7.02.020 Franchise Required
7.02.030 Establishment of Franchise Requirements
7.02.040 Franchise Territory
1.02.050 Use of Public Streets and Ways
7.02.060 Duration
7.02.070 Franchise Nonexclusive
7.02.080 Franchise Applications
7.02.090 Grant Procedure
?.02.100 Transfer of Ownership or Control
7.02.110 Franchise Renewal
?.02.120 Police Powers
7.02.130 Franchise Fee
7.02.740 Forfeiture or Revocation
7.02.750 Procedures in the Event of Termination or ExD iration
7.02.160 Receivership and Foreclosure
7.02.170 Franenise Processing Costs
7.02.010 Grant. In the event that Grantor shall grant to a
Grantee a nonexclusive, revocaD le franchise to construct, operate, maintain,
and ~"construct, a Cable Communications System within the franchise area, said
f raven ise shall constitute both a right and an obligation to provide the
services of a Cable Common lost ions System as required by the provisions of
this ordinance and the franchise agreement. The franchise agreement shall
include those provisions of the Grantee's "Application for Franch ise^ that are
finally negotiated and accepted by the Grantor and Grantee.
Any franchise granted under the terms antl conditions contained herein
shall be consistent with federal laws and regulations and state general laws
and regulations. In the event of conflict between the terms and conditions oC
the franchise and the terms and conditions on uh ich the Grantor can grant a
franchise, the general law antl/or statutory requirements, shall, without
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exception, control. •
Any franchise granted is hereby made subject to the general ordinance
provisions now in effect or ,hereafter made effective. Nothing in Lhe
franchise sha it he deemed to waive the requirements of the other coded and
ordinances of the Grantor regarding permits, fees to be paid or manner of
construe Lion.
7.02.020 Franchise Required. No fable Communications System
shall be allowed to occupy or use the streets inthe franchise territory or be
allowed to operate without a franchise in accordance with the provisions of
this ortl finance.
7.02.030 Establishment of Franchise Requirements. The Grantor may
establish appropriate requirements for new franchises or franchise renewals,
and may motl ify tnese requirements from Lime to time to reflect changing
conditions and state of art in the cable television intlustry. Such require-
ments shall not be retroactive to franchise Chen in effect.
7.02.040 Franchise Territory. The Grantor may grant a franchise
ter all or any defined portion of the City. The service area shall be the
entire territory defined in the franchise agreement. The initial service area
shall be that portion of the franchise territory scheduled to receive initial
service, as stated in the franchise agreement. •
7.02.050 Use of Public Streets and Wavs. Fer the purpose of
opera ring and ma in to in ing a Cable Communications System in the franchise area,
and subject to the provisions oC See Lion 7.05.100 herein, the Grantee may
erect, install, construct, repair, replace, reconstruct, and retain in, on,
over, under, upon, across, and along the public streets and nays within the
frarch ise territory such wires, cables, conductors, ducts, conduits, vaults,
manho ies, amplifiers, applicanees, pedestals, attachments, and other property
and zqu ip ment as are necessary and appurtenant to Lhe operation oC the Cable
Communications System. Prior to construction or alteration, however, the
Grantee shall in each case file plans with the appropriate Grantor agencies
and local utility companies, antl receive written approval before proceeding.
Grantor shall Sn any event comply with all applicable City construction codes
and procedures.
7.02.060 Duration, The term of any franchise and all rights,
privileges, oDliga dons and restrictions pertaining thereto shall be fifteen
(15J years Crom the effective date oC the franchise unless terminated sooner
as hereinafter provided. The effective date of the franchise shall be the
dace of ezecut ion of the franchise agreement by the Crantor, subject to prior
execution by the Grantee.
7.02.070 Franchise Nonexclusive. Any (ranch iae granted shall be
nonexclusive. The Crantor specifically reserves the right to grant, at any
time, such add fie tonal franchies for a Cable Communications System as it deems •
appropriate,
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• 7.02.0&0 Franchise ppo lications. Applicants for a franchise shall
sub mit to the Grantor written applications utilizing the standardized Fcrmat
prov id etl Dy the Grantor, at the time antl place designated by the Grantor for
accepting applications, and including the designated application fee.
7.02.090 Grant Procedure. All franchise applications when filed
shall De available for public inspection at places designated by the
Grantor. No later than ninety (90) days after filing, a public hearing shall
be held on the application. A decision shall be made by the Grantor not later
than ninety (90) days after such hearing based upon zn evaluation oC the
aDPi icat ion(s), the hearing, antl other information Chat the Grantor may deem
relevant. Grantor may grant on or more franchises, or may decline to grant
any tt~archise, as it determines to be in the best public interest.
7.02.100 Transfer of Ounersh io o Control.
A. Transfer of Franchise. Any franchise granted hereunder shall 6e
a privilege to be held t'or the benefit of the public. Said franchise cannot
in any event 6e sold, transferred, leased, assigned or disposed of, including
Dut not limited to, by forced or voluntary sale, merger, consolidation,
receivership, or other means without the prior consent of the Crantor, and
then only under such conditions as Lhe Grantor may establish. Such consent as
required by the Grantor shall, however, not be unreasonably withheld.
B. Ownership or Control. The Crantee shall promptly notity the
• Grantor of any proposed change in, or transfer of, or acquisition by any other
party of, control of the Grantee. The word "control" as used herein is not
Iimited to major stockholders but includes actual working control in whatever
:a nner exercised. A rebuttable presumption that a transfer of control has
oncurred sna 11 arise upon Lhe acquisition or transfer by any person or group
of persons of ten percent (10'j) or more of the beneficial ownership interest
of the Crantee. Every change, transfer, or acquisition of control of the
Grantee sha 11 make the franchise sub,Ject to cancellation unless and until the
Grantor shall have consented thereto, which consent will not be unreasonably
ithhe ld. For the purpose of determining whether it shall consent to such
~ha nge, transfer, or acquisition of control, the Grantor may inquire into the
qua iificzt ions of the prospective contro 111ng party, and the Crantee shall
assist the Grantor in any such injury.
In seeking the Grantor's consent to any change in ownership or
control, the Grantee shall have Lhe responsibility:
1. To show to the satisfaction of the Grantor whether the
proposed purchaser, transferee, or assignee (the "proposed transferee"), which
in the case of a corporation, shall inc lutle all officers, directors, employees
and all persons having a legal or equ itaDle interest in five percent (bR) or
more of its voting stock, or any of the proposed transferee's principals:
a. Has ever been non iic ted or held Tian le for acts
involving moral turpitude tnc lud ing, but not limited to any violation of
federal, state or local law or r_gu la bons, or is presently under an
indictment, investigation or complaint eharg ing such acts;
• b. Has ever haA a judgment in an action for fraud, deceit
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or misrepresentation entered against it, her, him, or them by any court of
competent ,Jurisdiction; or
' c. !1as pending any legal claim, lawsuit or atlministra five
proceeding arising out of or involving a cable system.
2. To establish, to the satisfaction of the Grantor, the
financial solvency of the proposes transferee by submitting all current
financial tla to for the proposed transferee which the Grantee uas required to
submit in its franchise application, and such other data as the Grantor may
request. Financial statements shall be audited, certified and qualified Dy an
indepentlent Certified Public Accountant.
3. To establish to the satisfaction of the Grantor that the
financial and technical capability of the proposed transferee is such as shall
enable it CO rte in to in antl operate the cable system for the remaining term of
the franchise under the existing franchise terms.
•
C. The Grantor agrees that any financial institution having a
pledge of the franchise or its assets for the atlvaneement of money for the
construction and/or operation of the franchise shall have the right to notify
the Grantor Lhat it or its designee satisfactory to Che Grantor will taKe
control and operate the Cable Communications System, in Che event of a Grantee
default in its financial obligations. Further, said financial institution
shall also submit a plan for such operation Chat will insure continued service
and compliance with all franchise requirements during the term the financial
institution exercises oontral over the system. The financial institution •
shall not exercise control over the system for a period exceeding one (1J year
unless ezt=need by the Grantor in its discretion and during saitl period of
time it shall have the right to petition the Grantor to transfer the franchise
to another Grantee. If the Grantor fintls that such transfer after considering
the legal, financial, character, technical and other public interest qualities
of the applicant are satisfactory, the Crantor will transfer and assign the
rights antl obligations of such franchise as in the puo lit interest. The
r. e.^sent of the Grantor to such transfer shall not be unreasonably withheld.
D. The consent or approval of the Grantor to any transfer of the
Grantee shall not constitute a waiver or release of the righ is of the Grantor
in and to the streets, and any transfer shall by its terms, he expressly
subordinate to the terms and conditions of any franchise.
g. In the absence of extraordinary circumstances, the Grantor will
not approve any transfer or assignment of the franchise prior to substantial
completion of construction of the proposed sys Cem.
F. In no event shall a transfer of ownership or control be approved
without the successor in interest becoming a signatory to the franchise
agreement.
7.02.710 Franchise penewa 1. Nothing in any franchise agreement
sna 11 require renewal Dy the Crantor after the term of the franchise has
expired, nor shall renewal be presumed as a ma tzar of vested Sntere st. •
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A. Term. The renewal term of any franchise shall not 6e greater
- Lhan the initial term.
B. Ranewal Procedure.
1. Not later than eighteen (18) nor earlier than twenty-four
(2k) months prior to the expiration of any franchise, a Grantee may submit an
a-P lication for renewal of such franchise, on forms approved by the Grantor,
with a nonrefundable application Cee established by the Grantor in an amount
not to exceed the reasonah le post of processing the application. The
ap-lication shall set forth in detail the franchisee's legal, character,
financial and other pertinent qualifications sufficient to make a determin-
ation to renew or not to renew such franchise.
2. The application when filed shall be available for puh Sic
inspection at places designated by the Grantor. No later than ninety (90)
days after filing, a puh Lic hearing shall be held on the application. A
decision shall be made by the Grantor not later than ninety (90) days after
such hearing based upon Lhe application, the hearing, Lhe Grantee's record oC
comp fiance with the franchise requirements, its record of compliance with the
franchise requirements, its record of satisfactory service, and the terms and
conditions proposed for the franchise renewal period.
3. Based on the above criteria, Grantor may decide to renew the
franchise under appropriate terms antl conditions, or not to renew the
franchise.
4. If Grantor's decision is not to renew the franchise, Grantor
may initiate public so Sir itat ions for applications for a new franchise. The
• original Grantee shall not be precluded from submitting such an application.
5. 2n any renewal or public solicitation, Lhe Grantor may
require additional services, system upgrade or any other cond It ions it deems
feasible and appropriate in the light of the state of art of the cable
communications industry at that time.
7.02.120 Police Powers. In accepting a franchise, the Grantee
acknowledges that its rights hereunder are sub Sect to the police power of the
Grantor to adopt and enTorce general ortl finances necessary to the safety and
welfare of the public; and it agrees to comply with all applicable general
laws and ordinances enacted by the Grantor pursuant to such power.
Any conflict between the provisions of this title and any other
present or Ntu re lawtUl exercise oC the Grantor's police powers shall De
resolved in favor of Lhe latter, except Chat any such exe re Sse that is not of
general application in the fur isd is Lion or applies exclusively to any Cable
Communications System franchise Nh ich contains prov is Sons inconsistent 'with
the franchise shall prevail only if upon such exercise the Grantor finds any
emergency exists constituting a danger Lo health, safety, property or general
welfare or such exercise Ss mandated by law.
7.02.130 Franchise Fee.
A, Annual Franchise Payment. A Grantee of a franchise hereunder
shall pay Lo the Gran COr an annual fee in an amount as designated Sn the
franchise agreement, Dut in no event less Chan five percent (St) oC Lhe annual
gross revenues. Such payment shall De in addition to any other and commence
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as of the effective date of the franchise. The Grantor, if it so requests, •
shall be tLrnished a statement, audited and certified by a Certified Public
Accountant, reflecting the total amounts of annual gross revenues and all
payments, deductions and computations for the period covered 6y the payment.
Grantor shall have the right to conduct an independent audit of Grantee's
records, and if such audit indicates a franchise fee underpayment of two
percent (2R) or more, the Grantee shall assume all reasonable costs of such an
autl it.
B. Accebtance by Grantor. No acceptance of any payment 6y the
Grantor shall be construed as a release or as an accord and satisfaction of
any claim the Grantor may have for Nrther or adtl it Tonal sums payable as a
franchise Cee under this ordinance or for the performance of any other
obligation or the Grantee.
C. Failure to Make Required Pavment. In the event that any
franchise payment or recomputed amount is not made on or before the dates
specified herein, Grantee shall pay as additional compensation:
1. An interest charge, computed from such due date, at an annual
rate equal to the maximum interest rate which could lawfU lly be charged by a
private lender in effect upon the due tlate.
2. A sum oC money equal co five percent (5S) of the amount due
in order to defray those additional expenses and costs incurred Dy the Grantor
by reason of delinquent payment.
D. Payment due the Grantor under this provision shall be computed •
quarterly, for the preceding quarter, as of March 37, June 30, September 30,
and December 31. Each quarterly payment shall be due and payable no later
than thirty (30) days after the dates listed in the previous sentence. Each
payment shall 6e accompanied by a brief report showing the Oasis for the
computation and such other relevant facts as may be required Dy the Grantor.
E. Following the issuance and acceptance of the franchise, the
Grantee shall initiate franchise fee payments to the Grantor at the minimum
rate specified in the franchise agreement, These initial payments shall be
credited against payments due in later years of the franchise in as much as
they exceed the actual franchise payments due during any year.
7.02.140 Forfeiture or flevocation.
A. Greunds for Pevocation. ?he Grantor reserves the right to
revoke any franchise granted hereunder and rescind all rights and privileges
associated with the franchise in the following circumstances, each of which
shall represent a default under this title and a material branch of the
franchise:
1. If the Grantee should default in the performance of any of
its material obligations under this ordinance or under such documents,
agreements and other terms and provisions entered into 6y and between the
Grantor and the Grantee, subject to the provisions of Section 7.10.030.
2. If the Grantee should fail to provide or maintain in tL 11
force and effect, the liability and indemin ification coverages or the security
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• Pund or bonds as required herein.
3. If any court of competent juristl iction, or any federal or
state regulatory body by rules, decisions or other action determines Lhat any
material provision of the franchise documents, including this ordinance, is
invalid or unenforceable prior to the comaencement of system construction.
4. If the Grantee should willfu l'_y violate any orders or rulings
of any regulatory body having ~urisd iction over the Grantee relative to the
franchise.
5. If the Grantee ceases to provide services for any reason
within the control of the Grantee over the Cable Communications System.
6. If the Grantee attempts to evade any of the provisions of
this ordinance or the franchise agreement or practices any fraud or deceit
upon the Grantor.
7. If the Grantee's construction schedule is delayed For more
than eighteen (ig) months later than the schedule contained in the franchise
agreement and Crantor Cinds that the delay was not excusable under the
provisions oC Section 7.10.030.
8. If the Grantee becomes insolvent, unable or unwilling to pay
its debts, or upon the entry of an order far relief in favor of Grantee in a
bankruptcy proceeding.
B. Procedure Prior to Revocation.
1. the Grantor may make written demand that the Grantee do so
• comply with any such requirement, limitation, term, condlt ion, rule or
regulation or correct any action deemed cause for revocation. If the failure,
refusal or neglect of the Grantee continues for a period of thirty (30) days
following such written demand, the Grantor may place Lts request for
termination of the franchise upon a regular Council meeting agenea. The
Grantor shall cause notice to be served upon such Grantee, at least ten (10)
days prior to the date of such meeting, a written notice of this intent to
request such termination, and the Lime and place of the meeting, notice of
which shall be pub lashed at lease once, Len (10) days before such meeting in a
newspaper of general circulation within the franchise area.
2. The Grantor shall hear any persons interested ChereSn, and
shall determine, based upon suDStant ial evidence, whether the Grantee has
committed a material breach of th Ss ordinance or the franchise agreement, and,
if so, whether such breach was willful.
3. If the Grantor determines Chat t'ne Grantee has committed a
rater ial breach, wh Seh was not will tlil, the Crantor shall direct Lhe Grantee
to take appropriate remedial action within such time and manner and upon such
terms and conditions as are reasonable under the circumstances, or, iC grantor
finds that such breach is not curable, then Grantor may, 6e resolution,
declare that the franchise of such Grantee shall be terminatetl.
4, If the Grantor determines that the Grantee has cocmit ted a
material breach, which was ~wi11N 1, then the vrantor may, be resolution,
declare Lhat the franchise of such Granter shall be terminatetl and security
tUnd and bonds forfeited, or the Grantor may, at its option and if the
material Dreach is capable of being cured by the Grantee, direct the Grantee
to take appropriate remedial action within such time and manner and upon such
terms and conditions as ehe Grantor shall determine are reasonable under the
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circumstances. •
A. Disoosit ion of Facilities. In the event a franchise expires, is
revoked, or otherwise terminated, the Grantor may order the removal of the
system facilities from the franchise area within a reasonable periotl of time
as determined by the Grantor or require the original Grantee to maintain antl
operate its network until a subsequent Grantee is selected antl a subsequent or
modified cable system becomes operational.
B. Restoration of Property. Sn removing its plant, structures and
equipment, the Grantee shall refill, at its own expense, any excavation that
shall be made by it and shall leave all public ways antl places in as good
condition as that prevailing prior to the Grantee's removal of its equipment
and appliances without affecting the electrical or telephone cable wires, or
attachments. The liability, indemnity antl insurance, and the security tLnd
and bonds provided shall continue in till force antl effect during the period
of removal and until tU 11 compliance Dy the Grantee with the terms and
conditions of this Section.
C. flestoraticn by Grantor. Ae imDUrsement of Costs. In the event of
a failure by the Grantee to complete any work required by Subsection (A)
antl/or Subsection (B), or any other work required by Grantor by law or
ordinance within the time as may be established and to the satisfaction of Che
Grantor, the Grantor may cause such worK to be done and the Grantee shall •
reimDu rse the Grantor the cost thereof within thirty (30) days after receipt
of an itemized list of such costs or the Grantor may recover such costs
through the security 2Lnd or bonds prov idetl by Grantee. The Grantor shall be
permitted Lo seek legal and equitable relief to enforce the provisions of this
Section.
D. Extended Operation. Upon either the expiration or revocation of
a franchise, Che Crantor may require the Grantee to continue to operate the
able Communications System Cor a defined period of time not to exceed t„enty-
four (24) months from the date of such expiration or revocation. The Grantee
shall, as trustee for its successor in interest, continue co operate the Cable
Commun ica Lions System under the terms and conditions of this ordinance and the
franchise agreement and to provide the regular subscriber service and any and
all of Lhe services that may be provided at that time. The Grantor shall be
permitted to seek legal and equitable relief to enforce the provisions of this
Sec cion.
E, Grantor's eight Rot Affected. :rne fermi na Lion and forfeiture of
any franchise shall in no way affect any of the r!gh is of the Grantor under
the franchise or any provision of law.
7.02.160 Aece iversh ip and Foreclosure.
A. Any franchise herein granted shall, at the option of the
Grantor, cease and terminate one hundred twenty (120) days after the •
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appointment of a receiver or receivers or trustee or trustees to take over and
conduct the business of the Grantee whether in a receivership, reorganization,
bankruptcy or other action or proceeding un Less such receivership or
trusteeship shall have been vacated prior to the expiration of said one
hunt red twenty (120) days, or unless:
1. Such receivers or trustees shall have, within one hundred
twenty {120) days after their election or appointment, t5il ly complied with all
the terms and provisions of this ordinance and the franchise granted pursuant
hereto, and the receivers or trustees within sa i4 one hundred twenty (120)
days shall have remedied all defaults Under the franchise; and,
2. Such receivers or trustees shall, within said one hundred
twenty (120) days, execute an agreement duly approved by the Court having
jurisdiction on the premises, whereby such receivers or trustees assume and
agree to be bound 6y each and every term, provision and limitation oC the
franchise agreement.
B. In the case of a foreclosure or other lnvo luntary sale of the
plant, property and equipment of the Grantee, or any part thereof, the Grantor
may serve notice of termination upon the Crantee and to the purchaser at such
sa 1e, in Which event the franchise and all rights and privileges of the
Grantee hereunder shall cease and terminate thirty (30) days after service of
such notice, unless:
1. The Granter shall have approved the transfer of the
franchise, as and in the manner in this ordinance provided; and,
2, Such successful purchaser shall have covenanted and agreed
with the Grantor to assume and be bound by all the terms and conq itions of the
• franchise agreement.
7,02.170 Franchise Processing Costs. For either a new franchise
award or a franchise renewal, costs to be borne by Grantee shall included, but
shall not 6e limited to, all costs of publications of notices prior to any
public meeting provided for pursuant to a franchise, development and
publication of relevant ordinances antl franchise agreement, fees, and any cost
not covered by the applications fees, incurred by the Grantor in its study,
preparation of proposal solicitation documents, evaluation of all
applications, including, but not limited to consultant and attorney tees and
Grantor staff time.
These franchise processing costs are over and above the cogstruction
inspection and permit fees spegified in Sec eion 7.05.110 A 1.
Chanter 7A3
REGULATION OF FRANCHISE
Sections:
7.03.010 Regulatory Authority
7.03.020 Pegu latory Responsibility
7.03.030 Public Usage of the System
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7.03.040 fleservat ion Dy Grantor •
7.03.050 Initial 4a tes
7.03.060 Rate Change Procedure
7.03.070 Annual Review of Performance
?.03.0 d0 System and Services Aev iew
7.03.080 Access Channel Pgnagement
7.03.010 Regulatory Authority. The Grantor sha 11 exercise
appropriate regulatory authority under the provisions of this ordinance and
applicable law. If Lhe tranch ise area served by the Cable Communications
System also serves other contiguous or neighboring communities, Grantor nay,
at its sole option, participate in a joint regulatory agency, with delegated
responsibility in the area of cable and related communications.
7.03.020 Regulatory Respcnsib ility. The Grantor, acting alone or
acting jointly with other Grantors, may exercise or delegate the following
regulatory responsibility:
A. .40 min istering and enforcing the provisions of the Cab le
Communications System franchise(s).
B. Coordination of the operation of government and educational
channels.
C. Providing technical, programming and operational support to •
public agency users, such as government departments, schools and health care
in atit~tion s.
7. Es tab lisp in3 procedures and stantlards for use of channels
edicated to public use and sharing of public facilities, if provided for in
any .`ranch ise agreement.
E. Pia nn ing expansion and growth of public benefit cable services.
F. Analyzing the poss ib ill Ly of integrating cah le communications
u ith other loco 1, state or national to lec o-.^,.unicat ions networks.
G. Formulating and recommending long-range telecommunications
policy.
7.03.030 Public Usage of the System. If so spec if led in the
franchise agreement, the Grantor ^ay ^tilize a portion of the Cable
Communications System capacity, and associated facilities and resources, Lo
develop and provide ea0le services that will be in the public irf erect. In
furtherance of this purpose, the Grantor may establish a commission, public
corporal ton, or other entity to receive and allocate facilities, support tLnds
and other considerations provided by the Grantee, and/or others. Such an
entity, Lf established, may be delegated the fo llow inq responsibilities;
A. Receive and utilize or reallocate for utilization, channel •
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• capacity, facilities, funding and other support provided Specifically for
public usage of the Cable Communications System.
B. Review the status and progress of each service developed for
public benefit.
C. Reallocate resources on a periodic basis to confora with
changing priorities antl public needs.
D. Aeport Lo the Grantor annually on the utilization of resources,
the new public services developed and the benefits achieved for the City and
ics residents.
7.03.040 Reservation Dy Grantor. The Grantor reserves the right,
at its discretion, from Lime to Lima, to determine if the entity described in
Section 7.03.030 is performing its purposes in a manner satisfactory to the
Grar.cor, and if it is not, the Grantor may receive and reallocate all or a
portion of the channel capacity, operations appropriation, and capital
appropriation, including any facilities and equipment purchased previously
with such appropriation, to another entity. Anew entity shall De required to
comply in all respects with the legal respons iDilit ics described in Section
7.03.030.
7.03.050 Initial Rates.
A. The Grantee shall establish initial rates that oust be applied
• fairly and uniformly to all subscribers in the franchise area for its services
in acno rtlance with the rates contained in the franchise agreement.
B. Initial basic subscriber rates shall he effective for a minimum
of Lwo (2) years from the date ca0le service commences, or until Grantee has
completed all construction proposed Sn its application whichever is longer.
7.03.060 Rate Change Procedure.
A. Within ninety (90) days of the filing of a petition for rate
change for any rate9 sub Ject to Grantor rags la Lion, the Grantor shall hold an
appropriate public hearing to consider the proposed rate change, at which
hearing all persons desiring to be beard, including the Grantee, shall De
heard on any matter, including but net limited to, the performance of its
franchise, the Grantee's services, and the proposed new rates.
B. Upon notice of any puDlie hearing as provided above, the Grantee
sha 11 notify its subscribers of the time, place and aub jest matter of the
puDl is hearing by announcement on at least two (2) channels of its system
between the hours of 7:00 p.m. and x:00 p.m., for at least five (b)
consecutive days prior to the hearing.
C. Within ninety (90) days after said hearing, the Crantor shall
render a writtan decision on the Grantee's petition, either accepting,
re,Ject ing, modifying or deferring the same and reciting the basis for its
decision. The Grantor shall consider, Dut not De limited Lo the following
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factors in approving or disapproving the petition:
1. Grantee's substanc ial fulfillment of all material
requirements of the franchise.
2. Quality of service, as indicated by the number and type of
service complaints, Grantee's response to complaints, and the result of
periodic systam performance tests and the annual reviews specified in Section
7.03.070.
3. Prevailing rates for comparable Services in other cable
systems of similar size and complexity.
4. Pa to of return on Grantee's equity, as compared to businesses
of equivalent risK. For the purposes of this ordinance, the rate of return on
equity shall be defined as the net, after-tax profit divided by the equity
portion of Grantee's investment in tangible assets. The investment shall be
defined as the cumulative cost of tangible assets such as plant, property and
equipment, less the cumulative depreciation charges, plus working capital,
wnicn shall be defined as equivalent to three (3) months total operating
expenses.
The rate of return shall be calculated on a cumulative basis for all
system revenues and costs including services such as pay-cable that may be
exempt from local rate regulation. Upon request of Grantor, Grantee shall
promptly prov itle, from the Grantee, its parent company and any subsidiary
company, all information as shall be reasonably necessary to determine system
revenues and costs. •
5. Performance of Grantee in introducing new services and
expanding the cable system's capability, as compared to other systems of
similar size and complexity, and a9 evaluated by the system and services
roview spec i£ieA in Section 7.03.080.
6. Tax benefits received by Grantee, its partners or
shareholders, as the result of their investment in the system.
7. Cash flow derived from system services. The Grantor shall
not consider any valuation based upon the franchise or the Grantee's goodwill
and these items oC value shall neither be amortized as an expense nor shall a
return be paid on them.
D. IC [he Grantor fails to render a written decision either
accepting, feJect ing, mod ifj ing, or deferring Grantee's petition within one
hundred eighty (180) days of the Grantee's petition pursuant to this See tion
the Grantee shall thereafter be entitled Co put its proposed new rates into
effect.
E. Tne Grantee's petition for a rate increase shall inc lutle, Cut
not be limieed to, the following financial reports, which shall reflect the
operations of the 3; Stem:
7. 3a lance Sheet
2. Income Statement
3. State of Sources and Applications Of FL nds
L. Detailed Supporting Schedules of Expenses, Income, Assets,
Depreciation and other items as Trey be required.
5. Statement oC Current and Pro Jet fed Subacr ibers and .
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Penetration.
The Grantee's accounting records applicable to the sy stea shall be
available for inspection by the Crantor at all reasonable times. The Grantor
shall have access to records of financial transactions for the purpose of
verify ina_ burtlen rates or other indirect costs prorated to the operation. The
documents listed above shall inc lutle sufficient de Bail and/or footnotes as may
De necessary to provide the Crantor with Lhe information needed to make
accurate determinations as to the financial condition of the system. All
Financial statements shall be certified as accurate by a certified puD lic
accountant or an officer of Grantee.
F. Schedule of Rates. The Grantee shall maintain and file with the
Grantor, a complete schedule of sub scr iber rates including all fees and
charges for services not subject to regulation or approval by the Grantor.
G. Disconnec lions. There shall be no charge for disconnection from
the system. However, if a subser iber has failed to pay properly due monthly
fees or iC a sUb scr iber disconnects for seasonal periods, the Grantee may
require, Sn addition to N11 Dayment of any delinquent fees, a reasonab ie fee
for reconnection.
H. No Consideration Bevond Schedule. 'fie Grantee shall receive no
consideration whatsover for or in Connection with its provision of serv lCe to
• its subscribers other than as set forth in the Section or as filed with and/or
approved by the Grantor.
I. Submission of Rate Increase Requests. Grantee shall not submit
a request for race increase earlier than twelve (12) months after a prior
request.
7.03.070 Annual Review of Performance. Ac Grantor's sole option,
within ninety (90) tlays of the first anniversary of the effective date cf each
franchise, antl each year thereafter throughout the term oC the franchise, the
Grantor and Grantee shall meet DuD lic ly to review the performance, quality of
serv lce and rates of the CaD le communications system. The reports regU iced in
Chapter 7 regarding subscriber complaints, the records of performance tests
antl Lhe opinion survey report shall be utilized as the basis Cor review. Tn
addition, any subscriber nay submit complaints during the review meetings,
either orally or in writing, and these shall De considered.
A. Within thirty (30) tlays after the conclusion oC the system
performance rev lew meetings, Grantor shall issue a report with respect Lo the
adequacy of system performance and quality of service. If inadequacies are
found, Grantor may direct Grantee to correct the inatlequac ies within a
reasonable period of Lime.
B. Failure of Crantee, after due notice, to correct the
inadequacies shall be cons ldered a material breach of Lhe franchise, and
Grantor may, at its sole discretion, exercise any remedy within the scope of
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this ordinance considered appropriate.
7.03.080 System and Services Rev ieu. To provide for
technological, economic, anA regulatory changes In the state of Lhe art of
ca61e communications, to facilitate renewal procedures, to promote the maximum
degree of .`lex ibi lity in the cable system, and to achieve a continuing,
advanced modern system, the fo llouing system antl services rev ieu procedures
are hereby establishetl:
A. At Grantor's sole option, the Grantor and Grantee shall hold a
System and Services Review Session on or about the thin anniversary date of
the franchise agreement. Subsequent System Aev ieu Sessions shall be scheduled
by the Grantor each three (3) years thereafter.
B. Sixty (60) days prior to the scheduled System and Services
Aev iew Session, Grantee shall submit a report to Grantor indicating the
following:
1. All cable system services that are being provided on an
operational basis, exc lutl ing tests and demonstrations, to cities in the United
States with populations above ten thousand (10,000), that are not provided to
the Grantor.
2. A plan for provision of such services, or a justification
indicating why such services are not feasiD le for the franchise area.
C. Topics for discussion and review at the System and Services •
Review Sessions shall include but shall not be limited to, services provided,
rate structure, free or discounted services, application of new technologies,
system performance, programming, subscriber complaints, user complaints,
rights or privacy, amendments to the franchise, undergrountl ing processes,
developments in the law, and regulatory constraints.
D. Either the Cran for or the Grantee may select additional topics
for discussion at any Review Session.
E. Not later than sicty (60) days after the conclusion of each
System and Services Review Session, Grantor shall issue a report, including
specifically a list Sng of any cable services not then being provided to the
Grantor that are considered technically and economically feasible. Grantor
may direct Grantee to provide such services within a reasonable time, under
reasonable rates and contlltions. Pailu re to provide such services without
reasonable justification may 6e considered a breach of the franchise, subject
to remedies as provided in this ordinance.
7.03.090 Ace ess Channei ;~naxement.
A. Intent. IL is the intent of the Grantor to insure that access
and community channels provided far in any franchise agreement, shall De
nenaged in the best public interest, so that programming on such channels will
be free of censorsh iD, open to all residents, antl available for all Corms of
publ lc expression, community information and debate of public issues.
Pursuant to these objectives, the Grantor may delegate the responsibility for •
access channel management to a nonprofit entity which may include, but not be
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• limited to, any of the following:
1. A nonprofit public corporation.
2. An access management commission or committee, appointed by
Grantor, and representing a broad spectrum of the community.
3. An estate fished nonprofit entity with special can lecasting
capability, such as a local or regional community college.
B. 1linet ions. The entity designated to manage the access channels
shall have the following 2Lnetions:
1. fle sponsib ility for program production for management of the
Pu61ic Access Channel and all other channels as may in the franchise agreement
be designated for community-based programming. Community channels may include
Government and Educational Access channels, as designated in the franchise
agreement.
2. To assure Chat the Public Access and Community channels are
made ava ila6le to all residents of the franchise area on a nondiscriminatory,
Cirst-come, first served basis.
3• To assure that no censorship or control over program content
of the Public Access and Community channels exist, except as necessary to
comply with PCC prohibition of material that is obscene, or contains
commercial atlvert ising, or conducts a lottery.
4. To devise, establish, and administer ail rules, regulations,
and procedures Derta in ing to the use and scheduling of the Public Access and
Community channe l9.
• 5. To prepare, in conjunction with the Grantee, such regular or
special reports as may 6e required or desirable.
6. To hire antl supervSSe staff.
7. To make all purchases of mater is is and equipment that may be
required.
B. To develop additional sources of Nod ing, such as foundation
or federal or state grants, to iLrther community programming.
9. To perform such other Nnc Lions relevant to the Public and
Community channels as may be appropriate.
10. Establishment of budgets on an annual oasis, and utilization
of Ponds and resou tees received from the Grantor or the public usage entity
designated in Section 7.D3.030 Cor Lhe purpose of access programming.
C. Access Rules. The access management entity shall complete a set
of rules for the use of the Access antl Community channels which shall be
promptly forwarded to the Grantor. The rules shall be prepared in cooperation
with the Grantee, and con eirmed by agreement between the access management
entity and the Grantee, The rules shall, at a minimum, provide for:
1. Access on a first some, first-served, nondiscriminatory basis
for all residents of the franchise area,
2. Prohibition oC commercial or political use.
3. Proh ib it loo of any presentation of lottery information, or
obscene or indecent material.
4. Public Inspect ion of the log of protlucers, which shall be
re to ined by the Grantee for a period of four (4) years.
5. Procedures by which individuals or groups who violate any
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rule may be prevented from further access to the channel. •
6. Free use of such reasonable amounts of channel time,
cablecast ing facilities, and technical support as are Drovided for in the
agreement between the access management entity and the Grantee.
D. Access hgnagement Entity fleoorts to Grantor. The access
management entity shall provide a report to the Grantor, at least annually,
indicating achievements in community-based programming and services, and also
shall provide a special report each time Grantee requests an increase in
rates, that are su Dject to Grantor regulation, indicating the level and
quality of Grantee's support during the period elapsed since any previous rate
increase was implemented.
Chapter 7.04
GENERAL FINANCIAL AND INSURANCE PflOVISI0N5
Sections:
7.04.070 Construction Bond
7.04.020 Performance Bond
7.04.030 Security Fund
7.04.040 Indemnification
7.04.050 Insurance •
7.04.010 Construction Bond.
A. Within thirty (30) days after the granting of a franchise and
prior to the commencement of any construction work by the Grantee, the Grantee
shall file with the Grantor a construction bond in the amount specified in the
franchise agreement in favor of the Grantor and any other person uho may claim
damages as a result of the breach of any duty Dy the Grantee assu retl by such
bond.
B. Such bond as contemplated herein shall be in the form approved
by the Grantor and shall, among other matters, cover the cost of removal of
any properties installed by the Grantee in the event said Grantee shall
default in the performance of its franchise obligation.
C. In no event shall the amount oC said bond be construed to limit
the liability of the Grantee Cor damages.
D. Grantor, at its sole option, may waive this requirement, or
permit consolidation of the construction bond with the performance bond and
security tUnd specified, respectively in Sections 7.04.020 and 7.04.030.
7.04,020 Performance Bond
A. In addition to the construction bond set forth above, the
Grantee shall, at least thirty (30) days prior to Lhe commencement of
operation, Cile with the Grantor a performance bond in the amount specified in •
the franchise agreement in favor of the Grantor and any other person who may
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6e entitled to damages as a result of any occurrence in the operation or
termination of the Cable Communications System operated under the franchise
agreement, and including the payments required to be matle to the Grantor
hereunder.
B. Such bond as contemplated herein shall be in the form approved
by the Grantor and shall among other matters cover the cost of removal of any
properties installed by the Grantee in the event said Grantee shall tlefau It in
the performance oC its franchise obligation.
C. In no event shall the amount of said bond be construed Lo limit
the liability of the Grantee for damages.
7.04.030 Security Fund
A. Within thirty (30) days after the effective date of the
franchise, the Grantee shall deposit into a bank account, established by the
Grantor and maintain an deposit through the term of this franchise, the sum
specified in the franchise agreement, as security for the faithfLl performance
by it of all the provisions of the franchise, and compliance with all orders,
permits and directions of any agency of the Grantor having ,jurlsd fiction over
SLs acts or defaults under this ordinance, and the payment by the Grantee of
any claims, liens and taxes due to the Grantor wh ieh arise by reason of Lhe
construction, operation or maintenance of the system.
The security tUnd may De assessed by the Grantor for purposes
including, but not limited to, the following:
1. Failure of Grantee to pay Grantor sums due under Lhe terms of
the franchise.
2. Be imbursement of costs borne by the Grantor to correct
franchise violations not corree tad by Crantee, after due notice.
3. hbnetary remetl ies or damages assessed against Crantee due to
de Cau It or vio la'ion of franchise requirements.
e. At Grantor`s sole option, some portion of the security fund may
be provided in the acceptable form oC an Srrevoea6le letter of credit, in lieu
of a cash deposit.
C. Within thirty (30) days after notice to it that any amount has
been withdrawn by the Crantor from the security fund pursuant to Subsection A
of this Section, the Grantee shall deposit a aum of money sufficient to
restore such aecurity fund to the original amount.
D. If the Grantee fails, after Len (10) days notice to pay to the
Grantor any franchise fee or taxes due and unpaid; or, fails to pay to the
Grantor with In such ten (10) days, any damages, costs or expenses uh ich the
Grantor shall be compelled to pay Dy reasons oC any act or default of the
Grantee in connection with the franchise; or fails, after th Srty (30) days
notice of such Cailu re Dy the Crantor to comply with any provision oC the
franchise wh ieh the Crantor reasonaD ly determines can be remedied Dy an
• expenditure oC the security fund, the Grantor may immediately withdraw the
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amount thereof, with interest and any penalties, from the security fund. Upon •
such withdrawal, the Grantor shall notiry the Grantee of the amount and date
thereof.
E. The security SLnd deposited pursuant to this Section shall
become the property of the Grantor in the event that the franchise is revoked
for cause by reason of Lhe dethult of the Crantee in accordance with the
procedures of Section 7.02,140. The Grantee, However, shall be enCit led to
the return of such security tLnd, or portion thereof, as remains on deposit no
later than ninety (g0) days after the expiration of the term of the franchise,
provided that there is then no outstanding default on the part of the Grantee,
F. The rights reserved to the Grantor with respect Co the security
tUnd are in addition to all other rights of the Crantor whether reserved Dy
this ordinance or authorized by law, and no action, proceeding or exercise oC
a right with respect to such security tLnd shall affect any other right Che
Grantor may have.
7.04.040 Indemnification
A. The Grantee shall by acceptance of any franchise granted
indemnify, defend and hold harmless the Crantor, its officers, boards,
commissions, agents, and employees from any and all ela ims, suits, 3ugements
for damages or other relief, costs and attorneys' fees in any uay arising out
of or through or alleged to arise out of or through:
1. The act of the Grantor in granting the franchise; and
2. The acts or omissions of Grantee, its servants, employees, or
agents including, but not limited to, any failure or refLSal by Grantee, its
servants, employees or agents to comply with any obligation or duty imposed on
Grantee by this title or the franchise agreement.
3. The exercise of any right or privilege granted or permitted
by this title or the franchise agreement.
Such indemnification shall include, but not be limited to, all claims
arising in tort, contracts, in tr ingement of copyright, violations of statutes,
ordinances or regu la dons or otherwise.
B. In the event any such claims shall arise, the Grantor shall
tender ehe defense thereof to the Crantee. Provided, however, that the
Grantor 1n its sole discretion may participate in the defense of such claims
at its expense.
7.04,050 Insurance
A. The Grantee shall maintain throughout the term of the franchise
insurance in amounts at least as follows:
1. Worker's Compensation Insurance,
In such coverage as may be required by the worker's compensation insu ranee and
safety laws of the state of California and amendments thereto.
2. Comprehensive General Liability,
Comprehensive general liability insurance, including, but not limited to,
coverage for Dod11y Sn,Ju ry and property damage shall be maintained at the •
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• sum(s) specified in the franchise agreement.
3. Comprehensive Automobile Liability.
Comprehensive automobile liability Snelud ing, but not limited to, non-
ownership and hired car coverage as well as owned vehicles with coverage for
bodily injury and property damage shall be maintained at the sum(s) specified
in the franchise agreement.
H. The Grantee shall tUrnish the Crantor with copies of such
insurance policies antl certificates of insurance.
C. Such insurance policies provided for herein shall name the
Grantor, its officers, boards, commissions, agents, and employees as
additional insureds and shall contain the following endorsement:
"It is hereby understood and agreed that this insurance policy may
not be cancelled by the surety or the intention no to renew be stated by the
surety until thirty (30) days after receipt by the City Dy registered mail of
written notice of such intention to cancel or not renew."
D. The minimum amounts set £orth in the franchise agreement for
such insurance shall not be construed to limit the liaD ility of the Grantee to
the Crantor under the franchise issued hereunder to the amounts of such
insurance.
E. All insurance carriers providing coverage under Section 7.04.050
• A shall be duly licensed to operate in the state of California, and shall be
subject to approval of Grantor.
Chao ter 7.05
DESIGN AND CONSTRUCTION PROVISIONS
Sections:
7.05.010 System Design
7.05.020 Geograph ieal Coverage
7.05.030 Cab lecasting Facilities
7.05.040 System Construct ian Schedule
7.05.050 Nerved Les for Delay in Construction
7.05.060 Provision of Service
7.05.070 Underground ing of Cahle
7.05.080 New Development Underground ing
7.05.090 Underground at Malt ip le-Dwelling Units
7.05.100 Street Occupancy
7.05.110 Construction and Technical Standards
7.05.120 Areaw ide Interconnection
7.05.070 System Des Lan. The fah le Communications System shall be
constructed in accordance with the design requirements contained in the
franchise agreement.
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7.05.020 Geographical Coverage. The Grantee shall design and .
construct the Cable System insuch a manner as to have the eventual capability
to pass by every single-family dwelling unit, multiple-family dwelling unit,
school and public agency within the area of the franchise. Service shall be
provided to subscribers in accordance with the schedules and line extension
policies specified in the franchise agreement. Cable system construction and
provision of service shall be non-0SSCrimire tory, and Crantee shall not delay
or defer service to any section of the franchise area on the grounds of
economic preference.
7.05.030 Cablecast in¢ Facilities. The Grantee shall provitle
cablecasting facilities in accordance with the requirements of the franchise
agreement.
7.05.040 SYStem Construction Schetlule
A. The Grantee shall comply with the requirements oC the system
construction schedule contained in the franchise agreement.
B. The Grantee shall provide a detailed construction plan
indicating progress schedule, area construction maps, test plan, and projected
dates for offering service. 7n addition, the Grantee shall update this
information on a monthly basis, showing specifically whether schedules are
being met and the reasons for any delay.
7.05.050 Remedies for De lav in Construction. The Grantor may at
its sole option, apply any or all of the Co llowing remedies in conned Lion with •
delays in system construction:
A. Reduction in the duration of the franchise on a month-for-month
basis for each month of delay exceeding six (6) months.
B. Forfeiture of construction bonds and/or assessment oC monetary
damages up to the maximum per day and per incident limits specified in the
franchise agreement, levied against the security tLnd for delays exceed ing one
(1) year.
C. Termination of the franchise within one (7) year after award of
the franchise if the Crantee has failed to initiate system construction.
D. Termination of the franchise for other delays exceeding eighteen
(18) months.
Any remedies applied shall be In accordance with the procedures
contained in Chapter 10 herein.
7.05.060 Provision of :;e rvice. After service has been
established by ac tlvating trunk cables for any area, the Grantee shall provide
service to any requesting subscriber within that area within thirty (30) days
from the date of request.
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7,05.070 Undergrounding of Cable. The underground ing of coo le is
encouraged, In any event, cables shall be installed underground at Grantee's
cost where existing utilities are already underground. Previously installed
aerial cable shall be undergrounded and relocated in concert, and on a cost-
sharing basis, with other utilities, when such other utilities may convert
from aerial to underground construction.
7.05 .OHO New Development Underground inR. 1n cages of new
construction or property development where utilities are Lo pe placed
underground, upon request by the Grantee, the developer or property owner
sha 11 give Grantee reasonaD le notice of the particular date on which open
trenching will be available for Grantee's installation of conduit, pedestals
and/or vaults, and laterals Lo De yrov ided at Grantee's expense. Grantee
shall also provide specifications as needed for trenching.
Costs of trenching and easements required to 6r ing service to the
development shall be borne by the developer or property owner; except that if
Grantee fails to Snsta 11 its conduit, pedestals and/or vaults, and latara is
within five (5) working days of Lhe date the trenches are available, as
designated in the notice given by the developer or property owner, then should
the trenches be closed after the five (5) day period, the cost oP new
trenching is to be borne by Grantee.
7.05.090 Underground at Milt ip le-Dwelling Units.
In cases of multiple dwelling units serviced by aerial utilities, Grantee
• shall make every effort to minimize the number of individual aerial drop
cables between the pole and the duelling unit. The burden of proof shall be
upon the Grantee to demonstrate why underground ing of drop cables Ls
technically or economically un feas in le.
7.05.100 Street Occupancy
A. Grantee shall utilize existing poles, conduits, and other
facilities whenever possible, and shall not construct or install any new,
different, or add it lonal poles, conduits, or other Cacil itfes whether on
public property or on privately-owned property until the written approval of
the Grantor is on rained. However, no location oC any pole or wire holding
structure of the Grantee shall 6e a vested interest and suoh poles or
structures sha 11 De removed or mod ided by the Grantee at its own expense
whenever the Grantor determines that the public convenience would be enhanced
thereby.
8. Grantee shall notiry the Grantor at least ten (10) days prior to
the intention oC the Grantee to commence any construction in any streets. The
Grantor shall cooperate with the Grantee in granting any permits required,
providing such grant and subsequent construction by the Ccantee shall not
untlu ly interfere with the use of such stree to and that proposed construction
shall be done in accordance with the pertinent provisions oC the ordinances of
Lhe Grantor.
C. All transmission lines, equipment antl structures shall De so
installed and located as to cause minimum interference with the rights and
emu.
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reasonable convenience of property owners and at all times, shall be kept and •
maintained in a safe, atlequate and substantial condition, and in good order
and repair. The Grantee shall, at all times, employ ordinary care and shall
install and maintain in use commonly accepted methods and devices for
preventing failures and accidents which are 1.uely to cause damage, injuries,
or nuisances to the public.- Suitable Da rr icades, flags, lights, flares or
other dev ioes shall be used at such times and places a9 are reasonably
required for the safety of all members of the public. My poles or other
fixtures placed in any Dublic way by the Grantee shall be placed in such a
manner as not to interfere with the usual travel on such public way.
D. Grantee shall, at its own expense, and in a manner approved by
the Grantor, restore to Grantor standards and specifications any damage or
disturbance caused to the public way as a result of its operations or
construction on its behalf.
E. Nhenever, in case of fire or other disaster, it becomes
necessary in the judgment of the Grantor to remove any of the Grantee's
facilities, no charge shall be made Dy the Grantee against the Grantor for
restoration and repair.
F. Grantee shall have the authority to trim trees on public
property at its own expense as may be necessary to protect its wire and
fat ilic ies, subject to the suPerv ision and direction of the Grantor. Trimming
of trees on private property shall require written consent of the property
owner.
G. The Grantee at its expense shall protect, support, temporarily
disconnect, relocate, or remove any property of Grantee when, in the opinion
of the Grantor the same is required Dy reason of traffic conditions, public
safety, street vacation, freeway or street grade separation or realignment,
installation of sewers, drains, watery ipes, power line, signal line,
transportation facllit ies, tracks, or any other types of structure or
improvements by governmental agencies whether acting in a governmental or a
proprietary capacity, or any other structure or public improvement, including
but not limited to movement of buildings, redevelopment, or any general
program under uh Lch the Grantor shall undertake to cause any such properties
to be located beneath Lhe surface of the ground. Nothing Hereunder shall be
deemed a taking of the property of Grantee and Grantee shall be em it led to no
surcharge by reason of anything hereunder.
H. Upon failure of Grantee to commence, pursue or complete any work
required by law or by the provisions of this ordinance to be done in any
street, within the time Prescribed and to the satisfaction of the Grantor, the
Grantor may, at its option, cause such work to De done and the Grantee shall
pay to the Grantor the cost thereof in the itemized amounts reported by the
Grantor Lo Grantee within thirty (30) tlays after receipt of such itemized
report.
I. The Grantee shall make no paving cuts or curb cuts unless
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absolutely necessary, and only after written peraission has been given by the
Grantor.
J, Crantor reserves the right to require conduit £or underground
cabling.
7.OS ,11G Construction and Technical Standards.
A, Construbtion Standards,
1. City Codes and Permits, Grantee shall Comply with all
applicaD le City construction cotlea and permit procedures. Grantor shall be
entitled to charge reasonaD le permit and inpsectiort fees to recover the
special nonrecurring inspection costs imposed 6y the construction of the cable
system.
2, Compliance with Safety Codes, All construction practices
shall be in accordance with all applicable sections of federal and state
Occupational Safety and Nea lth Acts and any amendments thereto as well as all
state and local codes where applicable.
3. C~liance with Electrical _ Codes. All installation of
electronic equipment shall be of a permanent nature, durable and installed in
accordance with the provisions of the Basic BOCA Electrical Code as amended,
and all applicable state and local codes.
4. Antennas and Towers. Antenna supporting structures (towers)
shall be designed for the proper loading as specified in Electronics IDdustry
Association's R.S. 222-A specifications.
5. Compliance with Aviation Requirements. Antennas supporting
structures (towers) shall De painted, lighted, erected and maintained in
accordance with all app licah le rules and regulations of the Federal Aviation
Admin isirat ion and all other applicable state or local codes and regu latSons,
6. Construction Stantlards and ftegu irements. Ail of the
Grantee's plant and equipment, including but not limited to Che antenna site,
head-end antl distribution systea Cowers, house connections, structures, poles,
wire, cable coaxial cable, fixtures and appurtenances shall De installed,
located, erected, constructed, reconstructed, replaced, removed, repaired,
maintained and operated in accordance with good engineering practices,
performed by experienced maintenance and construction personnel so as not to
endanger or interfere with improvements the Grantor may deem proper to make,
or to interfere in any manner with the rights of any property owner, or to
hinder or oDStruct pedestrian or vehicular traffic.
7. Safety. Nuisance, Requirements. The Grantee shall at all
timed employ ordinary care and shall install antl maintain in use commonly
accepted methods and devices preventing failures and accidents wh ien are
likely to oause damage, in Jury or nuisance to the public,
B. Techn Seal Standards. The Cab ie Communications System shall meet
all technical and performance standartls coots ined in the franchise agreement,
C. Test and Compliance Procedure. The Grantee shall submit, within
sixty (60) days after the effective date of the Craneh Sae agreement, a
detailed test plan ileac rib ing the methods and schedules for testing the Cable
Communications System on an ongoing basis to determine oompliance with the
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provisions of the franchise agreement. The tests for Basic Subscriber •
Television Services shall be performed at intervals no greater than every
twelve (12) months, on a minimum of twenty (20) subscriber television
receivers, located throughout the service area. At least eight (A) of these
locations shall De at the far end of the distribution trunk cables. The tests
shall De witnessed by representatives of the Grantor, and written test reports
shall be submitted to the Grantor. If more than ten percent (lOF) of the
locations tested fail to meet the performance standards, the Crantee shall be
required to indicate what corrective measures have been taken, and the entire
test shall De repeated For at least twenty (20) different locations. A second
failure of more than ten percent (tOF) may result, at the Grantor's option, in
remedies, including Dut not limited to an order to reduce subscriber rates due
to degraded service.
D. Special Tests. At any time after commencement oC service to
sup scribers the Grantor may require additional tests, tU 11 or partial repeat
tests, different test procedures, or tests involving a specific subscribers
terminal, requests for such additl onal tests will De made on the basis of
complaints received or other evidence indicating an unresolved controversy or
significant noncompliance, and such tests shall be limited to the portico lar
matter in controversy. The Grantor shall endeavor to so arrange its requests
for such special teats so as to minimize hartlship or inconvenience to Grantee
or to the subse riber.
7.05.120 Meawide Interconnection.
A. Incerconnec lion Aequ iretl. The Grantee shall interconnect public •
usage channels of the Cable Communlca lions System with any or all other cable
systems in ad,Jacent areas, upon the directive oC the Grantor. Interconnection
of systems shall permit interactive transmission and reception of Drogram
material, and may De done by direct cable connection, microwave link,
satellite, or other appropriate method.
B. Interconnection Procedure. Dpon receiving the directive of the
Grantor to interconnect, the Grantee shall immediately initiate negot iat Sons
wish the other affected system or systems. The cost shall be borne by Doth
Grantees, 1n the proportion of number of channels received to eotal number of
channe l9 transmitted and received, under the assueq~t ion that benefits accrue
primarily through receipt of additional channels.
In the ease of regional or state-wide interconnection, the same
principle shall apply.
C. flelief. The Grantee may be granted reasonable extensions of
time to interconnect or the Grantor may rescind its order to interconnect upon
petition by the Grantee to the Grantor. 1Te Grantor may grant said request if
it finds that the Grantee has negotiated in good faith and hes failed to
obtain an approval from the system or systems of the proposed interconnection,
or that the cost of the interconnection would cause an unreasonable or
unacceptable increase in subscriber rates.
D. Cooperation Acquired. The Grantee shall cooperate with any
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• interconection corporation, regional interconnection authority or city,
county, state or federal regulatory agency which may be hereafter established
tar the purpose of regulating, financing, or otherwise providing for Lbe
interconnection of cable systems beyond the boundaries of the franchise
territory.
E. Initial Technical flequ irements to Assure Eti tore Interconnection
Capab ility.
1. Every Grantee receiving a franchise to operate a Cable
Common ice Lions System within the tt•anchise territory shall use the same
frequency allocations for commonly provided television signals so far as is
technically and economioa lly feasible.
2. Grantee shall provide local origination and access equipment
that is compatible throughout the area so that videocassettes or videotapes
can be shared by various systems.
See t ions:
7.06.ot0
• 7.06.020
7.06.030
7.06.040
7.06.050
7.C 6.060
7.06.070
7.06.080
7.06.090
7.06.100
7.06.110
7.06.120
7.06.130
Chapter 7.06
SERVICE PflOYISI0N5
Services to be Provided
Basic Subscriber Television Service (BSTS)
Basic Subscriber fladio Service (BSflS)
Institutional Service (IS)
Additional Subscriber Services
Local Origination Channel(s)
Government Access Channel(s)
Educational Access Channel(s)
Public Recess Channel(s)
Public Access(s) (Closed-Circuit)
Leased Access Qlannel
Leased Use of Access Charne is
Universal Connection
7.06.010 Services to be Provided. The Grantee shall provide, as
a minimum, the services listed in the franchise agreement. Services shall not
be reduced without prior approval of Grantor.
7.06.020 Basic Subscriber Television Service (BSTS). The "Basic
Subscriber Television Service" shall include the FCC required services, the
distant television broadcast signals, the imported non-broadcast signals, and
the provision of all other cab lecast open-channel slgna ls. This service shall
be Drov ided to all subscribers at the established BSTS monthly subscription
rates.
• 7.06.030 Basic Subsc ricer pad to Service (BSBS). The "Basic
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Subscriber Padio Service" shall include the provision of all audio services •
designated in the franchise agreement, including retransmission of local
broadcast FM radio signals, and cablecast FM signals. This service shall De
provided to all subscribers at the estaD lished BSAS monthly subscription
rates.
7.06.040 Institutional Service (IS). If specified in the
franchise agreement, the "institutional Service" shall include Lhe provision
of transmission and/or reception services to institutional users, on a leased
channel basis at established IS rates. Services may include the distribution
of video or non-video signals.
7.06.050 Additional Subscriber Services. "Additional SuDSCriDer
Services," not included in the BSTS and BSAS services specified above, may be
provided, either within the basic subscription rates, or on a premium basis,
subject to applicable law.
7.06.060 Local Origination Channel(s). The Grantee shall operate
the cab leca sting studios on a high-quality, professional 6aais for the purpose
of providing cablecast progra®ing responsive to local needs and interests.
The primary emphasis for the Ipcal Origination Channel(s) shall be on
providing community-focused programming that is unavailaD le to viewers on
broadcast television channels.
7.06.070 Government Access Channel(s). The Grantee shall provide
the number of channels specified Sn Lhe Pranch ise agreement, ino lading all •
necessary interface equipment and cabling to permit operation, for the use oC
the Grantor at no charge to the Grantor. The Grantee shall Drov ide facilities
and technical support to aid in the utilization of these channels, as
specified in the franchise agreement.
7.06.080 Educational Access Channel(s). The Grantee shall
provide the number oC ehanne is specified in the franchise agreement including
all necessary interface equipment and cabling to permit operation, for the use
of the local educational institutions at no charge. The Grantee shall provide
facilities and technical support to aid in the utilization of these channels,
as specified in the french ise agreement.
7.06.090 Public Access Channel(s). The Grantee shall provide the
number of channels specified in the franchise agreement including all
necessary interface equipment and cabling to permit operation, Lo De available
to the public at no charge. The Public Access Channel(s) may De managed and
operated-by the access management entity, as described in Chapter 7.03. The
Grantee shall make ova slab le for programmers of the public access channel the
facilities one support specified in the franchise agreement.
7.06.100 Pub lie Access(s) (Closed-Circuit). If the Cable
Communications System ine Ludes a closed~lrcu it institutional network, the
Grantee shall make a portion of the network capacity, as specified in the
franchise agreement, available for local government, educational and public
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• use at no chage. The Public Access two-way channels shall be managed antl
operated by the access management entity.
7.06.110 Leased Access Channel. Grantee shall make available for
lease, on a nondisc rlmina Cory basis, the number of channels specified in the
franchise agreement. All leased channel service revenues shall be inc hided in
gross revenues subject to the franchise fee.
7.Ofi .120 Leased Use of Access Channels. If Grantor determines
that a new service would be in the public interest and receives a bona fide
offer from a third party to provide such a service, Grantee shall be offered
the first right of retLsal to provide the service on the same terms. If
Grantee declines to provide the service, Grantor may uti li2e appropria is
access channel capacity to accommodate that service.
7.06.130 Universal Connection. The Grantor may require that all
dwelling units within the Franchise area shall be eonneC ted physically to the
cable system by the Grantee by means of ^rop cables terminating at each
dwelling unit, whether or not the dwelling unit's occupants desire to
subscribe to cable service. 1Te cost and charges shall De determined by the
Grantor at the Lime such connection is required. Grantee shall be entitled to
recover the incremental cost of providing a universal Connection.
• Chapter 7.07
OPEAATION AND MAINTENANCE
Sections:
7.07.010 Open oooks and Recortls
7.07.020 flecords Required
7.07.030 Maintenance and Complaints
7.07.040 flights of Individuals
7.07.050 Continuity of Service Manila Cory
7.07.060 Grantee Rules antl Regulations
7.07.070 Tenant Rights
7.09.010 Open Bpoks and Records. The Grantee shall manage all of
its operations 1n accordance with a policy of totally open oooks and
records. The Grantor shall have the right to inspect at any time during
normal bus kness hours, all oooks, recoM S, maps, plans, financial statements,
service complaint logs, Derfo rmance test results and other like materials of
the Grantee which relate to the operation oC the franchise and are ma iota Sned
at the office within the franchise territory.
If any of such books or records are not Kept in the local office, or
upon reasonable request made available to the Grantor, and if the Grantor
shall determine that an examination of such records is necessary or
appropriate to the performance of any of Grantor's duties, then all travel and
maintenance expense necessarily incurred in making such examination shall be
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paid by Grantee. •
7.07.020 Records Required.
A. In any event the Grantee shall at all times maintain;
1. A record of "all complaints received and interruptions of
tlegradation of service experienced for the preceding three (3) Years.
2. A full and complete set of plans, records and ^as-builV' maps
showing the exact location of all Cable Communications System equipment
installed or in use in the franchise territory, exclusive of suDSC riber
service drops.
7.07.030 Maintenance and Como la Sits.
A. The Grantee shall maintain an office in the ecru ine area which
shall be open during all usual business hours, have a publicly listed toll-
free telephone, and be so operated to receive subscriber complaints and
requests for repairs or adjustments on a twenty-four (24) hour a day basis. A
written log shall be maintained listing ail complaints and their disposition
as required by Section 7.07.020 A 1.
B. The Grantee shall render efficient aervice, make repairs
promptly, and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be preceded by
notice and shall occur during period of minimum use of the system. A written
log shall De maintained for all service interruptions as required by Section
7.07.020 A 1. •
C. The Grantee shall maintain a repair force of technicians capable
of responding to subscriber complaints or requests for service within twenty-
four (24) hours after receipt of the complaint or request. No charge shall be
made to the subscriber for this service.
D. The Grantee shall tL rnish each subscriber at the time service is
installed, written instructions that clearly set forth procedures, Nrn ish
information concerning the procedures for making inquiries or complaints,
including the name, address and local telephone number of the employee or
employees or agent to whom ouch inquiries or complaints are to De addressed,
and tl; rn ish information concerning the Grantor office respons SD le far
aemin Serration of the franchise with the address and telephone number of the
office.
7.07.040 Riahts oC Individuals
A. Grantee shall not deny ecru See, deny access, or otherwise
discriminate against subscribers, channel users, or general citizens on the
basis of race, color, religion, national origin, age or sex. Grantee shall
comply at all times with all other applicable federa i, scare antl local laws
and regulations, and all executive and admin istrative orders relating to non-
discrimination which are hereby incorporated and made part of this ordinance
Dy reference.
B. Grantee shall strictly adhere to the equal employment •
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• opportunity requirements of federal, state and local law and regulations in
effect on the date of the franchise grant, and as amended from time to time.
C. No signals of a Class TV cable Communications channel sha it be
transmitted from a subscriber terainal for purposes oC monitoring individual
viewing patterns or practices without the express written permission of the
suDscr fiber. T.he request for such permission shall be contained in a separate
document with a prominent statement that the subscriber is authorizing the
permission in tL 11 knowledge of its provision. Suoh written permission shall
De for a liaited period of time not to exceed one (1) year, which shall be
renewable at the option of the subscriber. No penalty shall be invoked for a
subscriber's failure to provide or renew such an authorization. The
authorization shall be revokable at any time by the subscriber without penalty
oC any kind whatsoever. Such authorization is required for each type or
classification of Class IV cable television activity planned; provided
however, that the Grantee shall be entitled to conduct systemwide or
find iv itlual ly addressed ^sweeps" for the purpose of verifying system integrity,
controlling return-path transmission, or billing for pay services.
D. The Grantee, or any of its agents or employees, shall not,
without the specific written authorization of the subscriber involved, sell,
or otherwise make ava ilaD le to any person:
i. Gists of the names and addresses of such subscribers, or
• 2. Any list uh ich identifies the viewing habits of individual
subscribers.
E. Fairness of Accessibility. The entire system of the Grantee
sha 11 be operated in a manner consistent with the principle of fairness and
equal accessibility of its facilities, equipment, channels studios and other
services Lo all citizens, businesses, public agencies and other entities
having a legitimate use for the system, and no one sha 11 6e arbitrarily
excluded from its use. Allocation of use of said facilities sha 11 be made
according Lo the rules or decisions of Lhe Grantee, the Grantor in its 1aw11i1
exercise of regulatory authority, and any state or federal regulatory agencies
affecting the same.
7.07,050 Continuity of Service hhndatory
A. It shall be the right of all subscribers to continue receiving
service insofar as their financial antl other obligations co the Crantee are
honored, In the event that the Grantee elects to overbuild, rebuild, modify,
or sell the system, or the Grantor gives notice of intent to terming to or
tails to renew this franchise, the GranCee sha li act so as Co ensure that all
subscribers receive continuous, uninterrupted service regardless of the
circumstances.
In the event of a change oC franchisee, or in the event a new
operator acquires the system, the Crantee shall cooperate with the Grantor,
new franchisee or operator in maintaining continuity of service to all
subscribers. During such period, Grantee shall be entitled to Lhe revenues
for any period during which it operates the system, and shall be entitled to
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reasonable costs for its services when it no longer operates the system.
B. 1n the event Grantee fails to operate the system for seven f7) •
consecutive days without prior approval of the Crantor or without just cause,
the Grantor may, at its option, operate Lhe system or designate an operator
until such time as Grantee restores service under conditions acceptable to the
Grantor or a permanent operator is selected. If the Grantor is required to
fulfill this obligation for the Grantee, then during such periotl as the
Grantor tL lfills such obligation, the Grantor shall be entitled to collect all
revenues from the system, and the Grantee shall reimburse the Grantor for all
reasonaD le costs or damages in excess of the revenues collected by the Grantor
that are the result of the Grantee's failure to perform.
7.07.060 Crantae Rules and Regulations. The Grantee shall have
the authority to prow lgate such rules, regulations, terms and conditions
governing the conduct of its business as shall be reasonably necessary to
enable the Grantee to exeroise its rights antl perform its obligations under
the franchise, and to assure an uninterrupted service to each and all of its
customers. Prov idetl, however, that such rules, regulations, terms and
conditions shall not be in conflict with the provisions hereof or applicable
state and federal laws, rules antl regulations. Such rules, regulations, terms
and contl itions shall be submitted to the Grantor for its review and Crantor
approval is requ iretl prior to their becoming effective.
7.07.070 Tenant Rights. Grantee shall be required to provide
service to tenants in individual units of a w It ip le housing facility with all
services offered to other dwelling units within the franchise area, so long as •
the owner of the facility consents in writing, if requested by Grantee, to the
following
A. To Grantee's providing oC the service to units of the facility;
B. To reasonable conditions and times for installation,
maintenance, and inspection of the system on the facility premises;
C. To reasonable conditions prow lgated by Grantee to protect
Grantee ~s equipment and to encourage widespread use of the system; and
D. To not discrimSnate in rental charges, or otherwise, between
tenants who receive caD le service and those who do not.
Chapter 7.OB
RIGHTS RESERVED TO THE GRANTOR
Sections:
7.08.070 flight to Purchase the System
7.08.020 flight of Inspection of Records
•
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• 7.08.030 Right of Inspection of Construction
7.08.040 Right of Intervention
7.08.050 flight to Acquire Removal of Property
7.08.010 Right to Purchase the Svstem. The Grantor may in any
lau tl~'_ manner antl upon the payment of a fair va luatlon lawtL lly ascertain,
purchase, condemn, acquire, take over and hold Lhe property and plant of the
Grantee in whole or in part. I£ such purchase or taking over 6e upon
revocation of the franchise or at the expiration of the term of the franchise
such valuation shall not include any sum for the value of the franchise or
grant under which such plant antl property is being operated.
7.08.020 Right of Inspection of Records. There shall be kept in
the Grantor's office a separate record for the franchise, which record shall
shoo the items hereafter set forth. The Grantee shall provide such
information in such form as may be required 6y the Grantor for said records.
A. The true and entire cost of construction equipment, of
maintenance and of the administration and operation thereof; the amount of
stock issueG, if any; the amount of cash paid in, the number of and par value
of shares, Lhe amount and character of indebtedness, if any; the rate of
taxes, the dividends declared; the character and amount of all fixed charges;
the allowance, if any, for interest, for wear and tear or depreciation; all
• amounts and sources of income.
B. Any amount collected annually from the Grantor treasury and the
character and ez tent of Lhe service rendered therefor to the Grantor.
C. The amount collected annually from other users of service and
the character and eztent of the service rendered therefor to them.
The books and records kept by the Grantor sha ~.1 De open to
pub lit examination at any time during the business hours of the Grantor's
office. The information, in addition to any Nrther data which may be
required by the Grantor, shall be tl~rn ished by the Grantee to the Grantor upon
request, and ae Lhe Grantee's own cost and expense.
7.08,030 flight of Insoec lion of Construction. The Grantor shall
have the right to inspect all construction or installation work performed
subject to the provisions of the franchise and to make such tests as it sha 11
find necessary to ensure compliance with Lhe terms of this franchise and other
pertinent provisions of law,
7.O 8.040 Right of Intervention, the Grantor shall have the right
of intervention in any suit or proceeding to uh ich the Grantee is party, and
the Grantee shall not oppose such intervention by Lhe Grantor.
7.08,050 Right to Require Removal oC Pronerty. At the ezp iration
of the term for wh icn the franchise Ss grantetl, or upon its revocation or
expiration, as prov idetl for herein, the Grantor shall have the right to
• require the Grantee to remove, at its own expense, all portions of the Cable
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Communications System from all streets and public ways within Lhe franchise •
are. Cfiap ter 7.09
RIGHTS flESERVED TO THE GRANTEE
Scot ions:
7.09.010 flight of Grantee
7.09.010 flight of Grantee. In the event of any dispute between
Grantee and Grantor over this title or the franchise agreement, or with
respect to any rights or obligations arising therefrom, Grantee shall first
pursue and exhause all available administrative remedies. Thereafter Grantea
may pursue any appropriate legal action which such action may 6e Drought only
in a Superior or Minic ipal Court of California situated in the County of San
Bernardino.
Cfiaoter 7.10
FRANCHISE VYOLATIONS
Sections:
7.10.010 Remedies for Franchise Violations
7.10.020 Procedure for Remedying Franchise Violations •
7.10.030 Force M9,Jeu re; Grantee's InaD ilicy to Perform
7.10.010 Remedies for Franchise Violations. If the Grantee fails
to perform any obligation under the franchise, or fails to do so in a timely
manner, the Grantor may at its option, and in its sole discretion;
A. Assess against the Grantee monetary damages up to the limits
established in the franchise agreement for mater iai franchise violations, said
assessment to be levied against the security tLnd, here inabove provided, and
collected by Grantor immediately upon said assessment. The amount of such
assessment shall De deemed, without proof, to represent liquidation of damages
actually sustained by Grantor Dy reason of Grantee's failure to perform. Such
assessment shall not constitute a waiver Dy the Grantor of any other right or
remedy it may have under the franchise or under applicable law, inc lutl ing
without limitation, its right to recover from Grantee such additional damages,
losses, costs and expenses, including actual attorney fees, as may Dave Deen
suffered or Incurred by Grantor Dy reasons oC or arising out of such breach of
the franchise. This provision Car assessment of damages is intended by the
parties to he separate and apart from Grantor's right to enforce the
provisions of the construction and performance bontls provided for in Chapter
4, and is intended to provide compensation to ,rancor for actual damages.
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• B. For violations considered by Grantor to have materially degraded
the quality of service, order and direct Grantee to issue rebates or reduce
its rates and/or charges to subscribers, in an amount solely determined by
Grantor to provide monetary relief substantially equal to the reduced quality
of service resulting from Grantee's failure to perform.
C, Require Grantee to cure all defaults and breaches of its
obligations hereunder before Grantee is entitled to increase any rate or
charge to subscribers hereunder.
D. Terminate the franchise, for any of Lhe causes stated in Cnap ter
E. No remedy shall be imposed by Grantor against Grantee Tor any
violation of the franchise without Grantee being afforded due process of law,
as provided for in Section 7.10.020.
Grantor may, in its sole judgment and discretion, impose any or all
of the above enumerated measures against Grantee, uh ich shall be in addition
to any and all other legal or equitable remedies it has under the Pranch ise or
under any app licaD le law.
7.10.02G Procedure for Remedying Franchise Violations. In the
event that the Grantor determines that the Grantee has violated any provision
• of the franchise, any rule or regulation promulgated pursuant hereto or any
applicable federal, state, or local law, the Grantor may make a written demand
on the Grantee that it remedy such violation. If the violation, breach,
failure, re Nsal, or neglect is not remedied to the satisfaction of the
Grantor within thirty (30) days following such demand, the Grantor shall
determine whether or not such violation, breach, failure, refusal, or neglect
by Che Grantee was excusable or inexcusable, in accordance with the following
procedure:
A. A public hearing shall be held and the Grantee shall be provided
w ich an opportunity Lo be heard upon thirty (3G) days written notice to the
Grantee of the time and the place of Che hearing provided and the allegations
of franchise violations. ~
B. It, after notice is given and, at the Grantee's option, a fu 11
public proceeding is held, the Grantor determines that such vio laeion, breach,
failure, refusal, or neglect by the Crentee uas excusable as provided in
Secc ion 7.10.030, the Grantor shall direct the Grantee to correct or remedy
the same within such additional Lime, in such manner and upon such terms and
conditions as Che Grantor may direct.
C. If, after notice is given and, at the Grantee ~s option, a tU 11
public proceeding is held, the Grantor determines that such violation, breach,
failure, re Cu sal or neglect was inexcusable, then the Grantor may impose a
remedy in accordance with Section 7.10.010.
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•
7.10.030 Force M3,ieure; Grantee's Inability to Perform. 1n the
event Grantee's performance of any of the terms, conditions, obligations, or
requirements of the franchise is prevented or impaired due to any davse beyond
its reasonable conttol or not reasonably Coreseeab le, such Snap ility to
perform shall De deemed to De excused and no penalties or sanctions shall be
imposed as a result thereof, provided Grantee has notified Grantor in wr it ing
within thirty (30) days of its discovery of the occu recce of such an event.
Such causes beyond Grantee's reasonable control or not reasonably foreseeable
shalt include, but shall not be limitetl to, Acts oC God and civil emergencies.
CheDter 7.11
REPORTS
Sections:
7.11.010 Annual Reports
7.11.020 Plant Survey Report
7.11.030 Copies of Federal and State Reporta
7.11.040 Public Reports
7.11.050 Comply int F1la and Reports
7.11.060 Privacy Report
7.11.070 Miscellaneous Reports
7.11.080 Inspection of Faeillt Ses
7.11.090 Business Office and Files
7.11.100 Public Inspection
7.11.110 Failure to Report
7.11.120 False Statements
7.11.130 Cost of Reports
7.11.010 Annual Reports. At Grantor's sole option, within sixty
(60J days after the close of Grantee's fiscal year, the Grantee shall submit a
written annual report, in a form approved by the Grantor, including, Dut not
limited to, the following informal lon:
A. A summary of the previous year's (or, in the case of the In Stial
report year, the initial year's) actly it ies in development of the cable
system, Sne lud ing, Dut not 11miLed to, services begun or discontinued during
the reporting year, and the number of subscribers for each class of service;
B. A financial statement, audited by, an independent Certified
Public Accountant, or certified Dy an officer of the Grantee, including a
statement of income, revenues, operating expenses, value oC plant, annual
capital expand itures, depreciation with an attached depreciation schedule,
interest paid, taxed paid, balance sheets, and a statement of souroes and
application oC tt,nds.
C. A current statement of costs oC construction by component •
categor tea;
7 ~ 3
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D. A projected income statement and statement of projected
consc root ion for the next two (2) years;
E. A list of Grantee's officers, members of its board of directors,
and other principals of Grantee;,
F. A list of stockholders or other equity investors holding Cive
percent (5;) or more of the voting interest in the Grantee and its parent,
subsidiary and affiliated corporations and other entities, if any;
G. To the extent that money, other than profits, is paid to a
parent, subsidiary, or other person affiliated with Lhe Grantee, the amounts
ofsuoh payments and the basis for computation of such amounts (e .g., the basis
for computing any management fees or share oC "home office" overhead).
7.13.020 Plant Survey Report, 0.L Grantor's sole option, Grantee
shall submit to the Grantor an annual plant survey report which shall 6e a
complete survey of the Grantee's Dlant and a tL 11 report thereon. Said report
shall include, Dut not be limited to, a description and "as-DU ilt" maps of the
portions of the franchise area that have been cable antl have all services
available, an appropriate engineering evaluation including suitable electronic
measurements conducted in conformity with such requ irementa, including
supervision, as the Grantor may prescribe, Said report shall be in sufficient
detail to enable the Grantor to ascertain that the service requirements and
• technical standards of the FCC and/or the franchise are achieved and
maintained. If Grantor has reason to be lSeve Coat portions or all of the
system do not meet either the FCC technical standards, or those incorporated
into the franchise agreement, at Grantor's request, Dut no more often than
once per three (3) years, the Grantee and the Grantor shall agree upon the
appointment of a qualified independent engineer to evaluate and Verify the
technical performance of the Cable System. The cost of such evaluation shall
be borne equally by tho Grantee and the Grantor.
7.11.030 Copies oC Federal and State Reports. The Grantee shall
submit to the Crantor copies of all pleadings, applications, reports,
communications and documents of any kind, submitted by the Grantee to, as well
as copies of all decisions, correspondence and actions by, any Federal, state
and local courts, regulatory agencies and other government Doilies relating to
its cable television operations within the franchise area. Grantee shall
submit such documents to the Crantor simultaneously with their submission to
such courts, agent Ses and botl ies; and within five (5) days after their receipt
from such courts, agencies antl Dod ies. The Grantee hereby waives any right to
claim confidential, privileged or proprietary rights to such documents unless
such confidential rights are determined to be confidential by law or by the
p tact Lces of federal or state agencies. Such confidential data exempt from
public disclosure aha it be reca fined in c~nf idence by the Grantor and its
authorized agents and shall not be made available for public inspection.
7.11.040 Public fleoorts. A copy of each of Grantee's annual and
other periodic public reports and those of its parent, subsidiary and
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•
affiliated corpora dons and other erltit ies, as the Grantor requests and is
reasonably appropriate, shall he submitted to the Grantor within five (5) days
of its issuance.
7.11.050 Complaint File and Reports. An accurate and
comprehensive file shall be kept by the Grantee of any and all complaints
regarding the cable system. A procedure shall De established by the the
Grantee by the time of installation oC the can le system to remedy complaints
quickly and reasonably to the satisfaction of the Grantor. Complete records
of Grantee's actions in response to all comp la lots shll be kept. Thew, files
and records sha 11 remain open to the public during normal business hours:
A. A summary of complaints, identifying the number and nature of
complaints and their disposition, in a form approved by the Grantor, shall be
completed for each month and submitted to the Grantor by the tenth day of the
succeeding month.
B. The results of an annual opinion survey report which itlent iiies
satisfaction of dissatisfaction among subscribers with cable communications
services offered by tha Grantee shall be submitted to Che Grantor no later
than two (2) months after the end of Grantee's fiscal year. The surveys
required to eke said report shall be in a format approved by the Grantor and
may be in a form that can be transmitted to 9ubsoribers with one (1) ar more
bills for service.
7.11.060 Privacy Report. At Cran tot's option, Grantee shall
submit to the Grantor an annual report find lcaEing the degree of compliance
with the privacy provisions of Chapter 7 of this title, and all steps taken to
assure that the privacy rights of Individuals have been protee fed.
').11.070 Miscellaneous Reports. Grantee shall submit to the
Grantor such other information or reports in such forms and at such times as
the Grantor may reasonably request or require.
7.11 .0R0 Inspection of Facilities. The Grantee shall allow the
Grantor to maKe inspec Lions of any of the Grantee's facilities and equipment
at any time upon reasonable notice, or, in case of emergency, upon depend
without prior notice, to allow Grantor to verify the accuracy of any submitted
report.
7.11.090 Business Office and Files. At the Grantee's local
office, as required by Section 7.07.030 herein, Grantee sha 11 keep complete
and accurate books and records. The Grantor shall have the right to inspect
at any time during normal business hours all books, taco rds, maps, plans,
income tax returns, financial statements, service complaint logs, performance
test results and other like mater is is of the Grantee which relate to the
operation of the Cab la System. Access to the aforementioned records shall not
ne denied by the Grantee on the basis that said records contain confidential,
privileged, or proprietary information. •
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?.11.100 Public Inspection. All reports subject to public
disclosure, shall be available for public inspection at a de signs tetl Grantor
office during normal business hours.
7.11,110 Ga ilure to Aeport, The refusal, failure, or neglect of
the Crantse to file any of the reports required, or such other reports as the
Grantor reasanab ly may request, sha 11 De deemed a to-atarial breach of the
franchise, and shall subject the Grantee to all remedies, legal or equitable,
which are available to the Grantor under the franchise or otherwise.
7.11.1:. False Statements. Any materially false or misleading
statement or representation made knowingly by the Grantee in any report
required under the franchise shall be deemed a Ctrs Lerial breach of the
franchise and shall subjeee the Grantee to all remedies, legal or equitable,
uh ich are available to the Grantor under the franchise or otherwise.
7.11.130 Cost of Aeports. All repcrCs and records required under
this or any other Section shall be tUrnishetl at the sole expense of the
Grantee.
Chapter 7.12
• Sections:
MISCELLANEOUS Pfl0yI5I0N5
7.12.010 Compliance with State and Federal laws
7.12,020 Separability Non-hater ial Provisions
7.12.030 Separability-Material Provisions
7.12.040 Notices
9.12.050 Cap Cfons
7.12.060 No Aeoourse Against the Grantor
7.12.070 Nonenforcement by the Grantor
7.12.010 Como liance with State and Federal Laws. Notwithstanding
any other provisions of the franchise to the contrary, the Grantee shall at
all times comply with all laws and regulations of the state and federal
government or any admmin istrat ive agencies thereof. Provided, however, if any
such state or federal Iaw or regulation sha 11 require the Grantee to perform
any service, or shall permit the Grantee Co per t'orm any services, or shall
prohibit the Grantee to perform any service, or shall proh ih it the Grantee
Cram performing any service, in con Ciict with [he terms of the franch isa or
any law or regulation of the Grantor, Lhen as soon as possiD le Co llowing
knowledge thereo C, the Grantee shall notify the Grantor of the point of
conflict believed to exist between such ragu la Lion or law and Che laws or
regulations of the Grantor or the franchise.
7,12.020 Separability Non-Ma ce rial Provis iens. If any provision
of ch is ord lnanee or any related agreements is held by any court or by any
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federal, state, or local agency of competent jurisdiction to be invalid as
conflicting with any tedera 1, state, or local, law, rule or regulation now or
hereafter in effect, or is held by such court or agency to be modified in any
way in order to conform to~ the requirements of any such law, rule or
regulation, and if said provision is considered non-material by the (cantor,
said provision shall be considered a separate, distinct and independent part
of this ordinance, and such holding shall not affect the va litl ity and
enforceability of all other provisions hereof. In the event that such law,
rule or regulation is subsequently repealed, rescinded, amended or otherwise
changed, so that the provision hereof or thereof which has been held invalid
or modified is no longer in conflict with the law, rules and regulations then
in effectr said provision shall thereupon return to IU 11 force antl effectand
shall thereafter be binding on the parties hereto, provided that the Grantor
shall give the Crantee thirty (30) days written notice of such change before
requiring compliance with said provision.
7.12.030 Separability-Material Provisions. If any material
section of this title, as determined by the Grantor, is held to De invalid or
preempted by federal, state or county regulations or laws, the Grantor aha 11
negotiate with Grantee appropriate modifications to the franchise to provide
reasonable relief to the Grantor from such invalidity or premp tion, including
the payment of damages. If the parties are unable to reach agreement on such
modifications, then the dispute shall De submitted to a mutually agreeaD le •
arbitrator, in accordance with state law, who shall determine what
modifications and/or liquidated tlamages are appropriate. The arbitrator's
decision shall be binding on the parties, provided, that no decision of the
arbitrator shall require the Grantor or Grantee to be in violation of any
federal or state law or regulation.
7.12.040 Notices. Grantee shall maintain within the service area
throughout the term of the franchise, an address for service of notices by
mail.
7.12.050 gptions. The captions Lo sections throughout this
ordinance are intended solely to fee ilita to reatling and reference. Such
captions shall not affect the meaning or interpretation of this ordinance.
7.12.060 No flecou rse Against the Grantor. The Grantee shall have
no recourse whatsoever age Snot the Grantor or its of Cie is ls, boards,
commissions, agents, or employees for any loss, costs, expense, or damage
arising out of any provision or requirement of the franchise or because of the
enforcement of the franchise.
7.12.070 Nonenforcement by the Grantor, 'fie Grantee shall not be
relieved of its obligation to comply with any of the provisions of this title
Dy reasons of any failure of the Grantor to enforce prompt compliance.
SECTION 2: The Mayor shall sign this Ordinance and the City C1erK
shall attest to the same, antl the City Clerk shell notice of the adoption of •
this Ordinance by publishing a display advertisement prepared in accordance
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with Government Code 36933 (c) (2} within fifteen (157 days after the adoption
of this Ordinance at least once in The Ca ilv Report, a newspaper of general
e ircu lat ion, publishetl in the City of Ontario, and circulated in the City of
Rancho Cucamonga.
PASSED, APPROVED, and ADOPTED this • day of •, 19•.
AYES:
NOES:
ABSENT:
Jon D. Mikels, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
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ONDINANCE N0. 210-H
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
EXTENDING THE MORATORIUM ON THE FILING AND PROCESSING OF
APPLICATIONS FOR LICENSES TO CONSTRUCT, OPERATE OA
MAINTAIN COMMUNITY ANTENNA TELEVISION SYSTEMS IN THE CITY
FOR AN ADDITIONAL PERIOD OF NINETY (90) DAYS, AND
DECLARING THE URGENCY THEREOF.
The City Council of the City of Rancho Cucamonga, California does
ordain as follows:
SECTION 1: Q~ September 7, 1983 the City Council adopted as an
urgency ordinance, Ordinance No. 210, which (a) prohibited for a Deriod of
ninety (90) days acceptance for filing of an application for a license to
construct, operate or ®intain a community antenna television system; and, lb)
proh SD ited for a period of ninety (90) days the processing of any application
then on file for a license to construct, operate or maintain x cab le antenna
television system. th December 7, 1983 the City Council extended Lhe
moratorium an additional ninety (90) days.
SECTION 2: The City Council finds chat additional time, approxi-
mately ninety (90) days, will be required in order to further study and adopt
comprehensive regulations for the franchising or licensing of community
antenna ce levis ion systems consistent with and in furtherance of State policy
as set forth in Government Code Section 53066. The City Council SLrther finds
• Chat Lt is in the best interest of the public hea lLh, safety and welfare to
extend the moratorium on the Oiling and processing of app llcations for new
community antenna television systems for said additional period of ninety (g0)
says.
SECTION 3: For a period of ninety (90) days after the effective date
oC this Ordinance no application for a license to construct, operate or
maintain a community antenna television System shall De acnep Ced for filing.
SECTION 4: Further processing of any application now on file for a
license to construct, operate or ®intain a community antenna television
system shall be suspended for a per SOtl of ninety (90) days arter the effective
Oate of this Ordinance.
SECTION 5: Sections 3 and 4 notwithstanding, Lhe moratorium hereby
extended shall De liftetl on the effective date of a new City Ordinance
establishing comprehensive regulations Cor the franchising or licensing of
community antenna television systems,
SECTION 6: This Ortl finance is hereby declared eo be an urgency
measure, and it shell LaKe effect immediately upon its adoption.
SECTION 7: Tne Mayor shall sign this Ordinance and Lhe City Clerk
shall cause the same to De pub lashed within fifteen (15) days after its
passage at least once in The Da ilv Report, a newspaper of general circulation
pub lashed in the City of Ontario, California, and circulated in the City of
Rancho Cucamonga, California.
PASSED, APPflOVEO, and ADOPTED this 7th day of F6rch, 1984.
AYES:
z ;S
ORDINANCE N0. 1 ~-
AN ORDINANCE OF THE CITY OF RANCHO WCAMONGA, CALIFORNIA,
REPEALING CEATAIN PROVISIONS OF THE SAN BERNARDINO COUNTY
CODE, HERETOFORE ADOPTED BY REFERENCE, PERTAINING TO THE
REGULATION OF COMMUNITY ANTENNA TV SYSTEMS
The CSty Council of the City of Rancho Cucamonga, California, does ordain as
follows:
SECTION 1: Chapter 5 of Dlv ision 2 of Title 4 of the San Bernardino
county Code, Sections 42.050 through 42.0511 and Sections 42.0513 through
42.0516, which were heretofore adopted by reference, are hereby repealed.
SECTION 2: The Mayor shall sign this Ordinance and the City Clerk
shall attest to the same, and the City Clerk shall caUSe the same to be
published within fifteen (75) days after its passage, at least once in 'fie
Deily Report, a newspaper of general circulation published in the City of
Ontario, California, and circa laced in the Citl' oC Rancho Cucamonga,
Ce liforn ia.
PASSED, APPROVED, and ADOPTED this 7th day of tfirph, 1984,
AYES:
• NOES:
0.85ENT:
Jon p. Mike ls, Mayor
ATTEST:
lauren M. Nasserman, CSty Clerk
r1
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 1, 1984
To: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Alta Loma Channel Loan Application Final Draft Review
G%G'HO
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19ii I
Attached is a final draft of the Loan Application on Alta Lana Channel. This
document has been mailed to the eligible property owners but no further
canments have been received. The document incorporates all of the direction
previously received from the Council and pretty well relieves the eligible
properties of any responsibility until time of development. The only areas of
father compromise would be deletion of the three-year notice requirement and
pen alit ies for withdrawal. This would produce a direct fee situation which
the property owners would all like.
As you are aware, many of these owners are involved in a potential suit
against the District E.I.R. Rt the meeting, Council should discuss this
litigation and general direction with the District. One item under discussion
should be a reevaluation of the Loan Program offer. Because of the need to
know the full extent of City involvmenet at confirmation, we should consider
requiring that the Loan Application be submitted prior to the March 21st
hearing to insure the offer of the Loan would be evaluated on a case-by-case
basis as funding allows.
lly submj tted,
f, J
Attachment
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PRELIMINARY ASSESSMENF DISTRIR •
LOAN aDRiG1TION FdUI
MNE0.EA5, the CITY COUNCIL of roe CITY OF RANCHO CU[gMONGq, CALIFORNIA, is
conducting proceedings for the fOrmati on of a special assessment di s[ri ct for
pert aim drainage Improvements, pursuant to the terms and provisions o} the
Municipal Improvement Act of 1913•, Deing Division 12 of the Streets and
Highways Lode of the State of California, said special assessment district
Deing known and des ign at etl as
ASSES SNENT DISTRICT N0. 82.2
(ALTA LOMA FLOOD CONTROL OISTR ICT)
(hereinafter referred to as the "Assessment District^); and,
NNEREgi, Inasmuch as the primary benefit Por the assessment Di st ri c[ Is M<
right to develop undeveloped land, the City COUn<il is desirous to make funds
available a: a loan to certain property owners who do not desire to
immediately develop their Droperty and whose parcels qualify either as
partially developed or mm~-conforming, all as shown in the Engineer's •ReDOrt"
for the aoove-referenced assessment Olstrict; and,
NNEREAS, said loan Nill be made available to chose parcels who submit the
+Dpropriate loan aDDl is a[ion and whm qualify, and upon said loan Deing made
available, the property owners will agree chat said parcel•of Droperty w111
not be developed as defined Delaw for a period of Hf[een (10) years from the
date o/ sold loan.
NON, THEREFORE, it is mutually agreed between the undersigned property owners
a,N the Ci[y of 0.anc ho Cucamonga az follows:
1. That IOan appl scats Ons will be made available far all persons who sign on
[his preliminary Assessment Dl strict Loan Appl scat ton form. ThdL if the
undersigned Drpperty owners qualify, inasmuch da [heir property is within •
the class o/ partially developed or non-cOnformi ng use, [hat loan funds
will De made av of table on an annual Oasis to make the annual debt service
payment against their assessment.
2. The term of sa fd loan shall De for a period of fif Been (15) years from
the date of any loan application agreement, Said loan shall Dear
interest from fts date at [he rate of [en percent (lOS) p¢r annum, and
said Loan, including principal and interest, shell all De deferred until
the issuance of a development permit retating [o said property, SaiO
to en shall npt Dear interest fallowing the fii teen (I5) year term,
3, 0oth parties mutually agree that said properties may npt be further
de ve ipp<d for a per sad o/ Iif teen (15) years from [he date o/ said loan,
emcept Por the following:
A, Accessory buildings may De added to the Droperty;
B. Repefr and maintenance work is allowed On the property;
[. Addition to emf sting uses•
D. Upon parcel maps pr subdivisions, the loon wilt be apportioned to
the undeveloped parcels in prOpOrti on of the area o/ each parcel to
the area of total assessment. Assessments /Or indi ri dual parcels
shall De due and payable upon issuance 01 any building perm It on
each subdivl de0 parcel suoj ect t0 [he further prov pions o1 Mss
Agreement.
4, in the event of partial d¢ve lpgnent, a portion 01 the loan shd11 become
due. Such port ton Hen due shall be for the deve toped port fon as set
forth in the Orei nage Fee Ordinance (MUn1<ipal Code Lnapter 13.001.
5. Tne undersigned property owners further acknow lege that any prepayment of
Me total assessment will not in ary way of /ec[ the fifteen (l5) year
restriction pf the Loan,
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~ 6. It is mutually understood that an Agreement viii be executed Cy the
property owners, which Agreement will be recorded, and cover all
assessment payments made by City to dzs ift in any Droperty owner's
payment.
7. This Agreement may oe terminated upon given three (3) years written
notice at the time of notice all prepaid assessments must 6e reimbursed
by property owners to the City, with interest, for said notice [o be
effective. Notice shall be waiveo for an Eit ate of a Deceased signatory
to this Agrlanent.
D. In lieu oT giving the three (3) years notice ono reimburzfng the Lity for
all assessment advances, property orners may make an addi[ional
prepayment in the amount of 5% of the [otal original assessment amount
all tlue and payable upon issuance of a bus to ing Dermi4.
SIGNATURE DF
DATE PROPERTY DESCRIPTION PROPERTY ONNE0.
•
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RESOLUTION NO. e'4 rL 3
A RESOLUTION OF THE CITY COUNCIL OF TIC CITY OF RANCHO
CUCAMONGA, CALIPORNIA, ORDERING THE CANVASS OF THE GENERAL
MUNICIPAL ELECTION TO BE MELD ON TUESDAY, APRIL 10, 1984, TO
BE MADE BY THE CITY CLERK
WHEREAS, a general municipal election will be held and conducted in
[he Ci[y of Rancho Cucamonga, California, on Tuesday, April 10, 1984, as
required by laa; and
WHEREAS, the City Council of the City of Rancho Cucamonga desires [he
canvass of [he election to be made by [he Ci[y Clerk of the City.
NOW, THEREFORE, THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER A8 FOLLOWS:
SECTION 1: That pursuant to Section 22932.5 of the Elections Code of
the Sta [e of California, [he canvass of the general municipal election to be
held in the CSty ie ordered to be made by [he City Clerk.
SECTION 2: That the City Clerk of [he Ci[y shall prior to April 17,
• 1984, complete the canvass of the election and shall certify [he results to
this City Council on April 17, 1984.
SECTION 3: That the City Clerk shall certify to the passage and
adoption of [his Resolution and enter tt into the book of original Reeolu[fons.
PASSED, APPROVED, and ADOPTED [his 7th day of March, 1984.
AYES:
NOES:
ABSENT:
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RESOLUTION NO. .~Y - ~" 1
A RESOLUTION OF THE CITY COUNCIL OF THF. CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND
POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING
COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF THE CITY
ON TUESDAY, APRIL IO, 1984, CALLED BY RESOLUTION N0. 83-222
OF THE CITY COUNCIL
WHEREAS, a general municipal election to be held on Tuesday, Apr i1 10,
1984, kas been called by Resolution No. 83-222, adopted on December 21, 1987.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That for the purpose of holding the general municipal
election, [here is established 20 voting precincts consisting (of
consolidations) of the regular election precincts In the Clty of Rancho
Cucamonga established for the holding of ata ce and county elec bona, ae [he
regular election precincts exist on the date of adoption of this resolution.
That the polling places for the respective precincts shall be the places
designated; and [hat the persons named, being competent and qualified electors
• and residents of [he Ci[y are appointed precinct board members for their
respective voting precincts and they shall conduct the election in the manner
provided by lav.
Voting Precinct 1. (Comprls ing regular election precincts 2, 4.)
Polling Place: Floyd M. Stork School Accessible to
Sfi46 Jasper Street Handicapped: Yes
Rancho Cucamonga, CA 91701
Inspector: Sharron Morgan
Judge: Rose Mesero le
Judge: Renza Conger
Voting Precinct 2. (Comprising regular election precincts 3, S.)
Polling PLace: Montle Residence Accessible to
5147 Topez Street handicapped: Yes
Rancho Cucamonga, CA 91701
Inspec.[o r: Felton Montle
Judge: Le Vae Stevenson
Judge: Linda Conley
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Resolution No.
Page 2
Voting Precinct 3. (Comprising regular election precincts 7, 8.)
Polling Place: A1[a Loma Jr. High School Accessible to
9000 Lemon Avenue Handicapped: Yes
Rancho Cucamonga, CA 91701
Inspector: Rhoda West
Judge: June Whi [eside
Judge: Julie Hillman
Voting Precinct 4. (Comprising regular election precincts 6, 88.)
Polling Place: Bonhus Residence Accessible [o
9086 Appaloosa Court Handicapped: Yes
Rancho Cucamonga, CA 91701
Inspector: Edt[h Bonhus
Sudge: Betty Parker
Judge: Marie Glover
Voting Prec intt S. (Comprising regular election precincts 9, I0, 52.)
Po111 ng Place: Jasper School Accesaible to
6881 Jasper Street Handicapped: Yes
Rancho Cucamonga, CA 91701
Inspector: Dorothy Kneuer
Judge: Arthur Kneuer
Judge: Aurora Rodrigues
Voting Precinct 6. (Comprising regular election prec inccs I1, 32, 33,
35, 36.)
Polling Place: Valle Vis [a School Accessible to
7727 Valle Visa Handicapped: Yes
Rancho Cucamonga, r,A 91730
Inspector: Gilbert Jnaund
Judge: C,ledys Josund
Judge: Jack Hansen
Voting Precinct 7. (Comprising regular election precincts 12, 14,
_ 15.)
Polling Place: Alca Loma High School Accesaible Co
8880 Base Line Avenue Handicapped: Yea
Rancho Cucamonga, CA 91701
Inepecto r: Bobbie Gill
Judge: Lynne Williams
Judge: Lorraine Walke[
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Aeso lotion No.
Page 3
Voting Precinct 8. (Comprising regular eleccion precincts 13, 53,
59.)
Polling place: Franklin Residence Accessible [o
9243 Lemon Avenue Aandicapped: Yes
Rancho Cucamonga, CA 91701
Inspector: Lenora Franklin
Judge: Lewis Turner
Judge: Wanda Turner
Voting Precinct 9. (Comprising regular elec [Sort prec inc[s 16, 17.)
Polling Place: Alta Loma Elementary School Accessible [o
7085 Amethyst Street Handicapped: Yea
Rancho Cucamonga, CA 91701
Inspector: Katherine Pearson
Judge: Nancy James
Judge: Dorothy Nennager
Voting Precinct I0. (Comprising regular election precincts lR, l9.)
Polling Place: Alce Laguna Mobile Es [aces Accessible to
10210 Base Line Avenue Handicapped: Yes
Rancho Cucamonga, CA 91701
Inspector: Norma Howard
Judge: Jean Cherbak
Judge: Mary Miraglia
Voting Precinct II. (Comprising regular eleccion prec inccs 20, 54.)
Polling Place: Deer Canyon School Accessible to
10225 Hamilton Street Hand Stopped: Yea
Rancho Cucamonga, CA 91701
Inspector: Delia Villarreal
Judge: Diane Dunbar
Judge: Danny Villarreal
Vati ng precinct 12. (Comprising regular election precincts 21, 23,
30, Jl.)
Polling place: Etiwanda School Accessible [o
6925 Etiwanda Avenue Handicapped: Yes
Rancho Cucamonga, CA 91719
Inspector: ceene tte Vaughn
Judge: Jean Wilson
Judge: Pr iacilla Ttsxkus
Resolution No.
Page 4
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Voting Precinct 17. (Comprising regular election precincts 24, 25,
40, 50, Sl.)
Po Ll ing Place: Neighborhood Center Accessible to
9791 Arrow Route Handicapped: Yes
Rancho Cucamonga, CA 91730
Inspector: Phyllis Dunn
Judge: Beatrice Fscobar
Judge: Mary Leyva
Voting precinct 14. (Comprising regular election prec Snets 34, 41.)
Polling Place: Lions Park Community Center Accessible co
9161 Base Line Avenue Handicapped: Yea
Rancho Cucamonga, CA 91730
Inspector: Emma Cowan
J~~dge: A16erta Campbell
Judge: Angie Hill
Vo a.-.g Precinct I5. (Comprising regular election prec inc to 37, 39.)
Polling Place: Los Amigos School Accessible to
8646 Baker Avenue Handicapped: Yes
Rancho Cucamonga, CA 91730 •
Inspector: Stephanie Neairet
Judge: Helen Hoffman
Judge: Geraldine Ahrosbree
Voting precinct l6. (Comprising regular election precincts 3A, 46.)
Polling Place: Green Residence Accessible Co
8227 Layton Street Handicapped: Yes
Rancho Cucamonga, CA 91730
inspector. Patricia Green
Judge; Annette Hough
Judge: Pam Leever
Voting Precinct 17. (Comprising regular election precincts 42, 43,
57.)
Polling Place: Cucamonga Junior High Accessible to
7611 Hellman Avenue Handicapped: Yea
Rancho Cucamonga, CA 91730
Inspector; Marls Roys ter
.Judge: Eleanor Allen
Judge: Winifred Davis
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Resolution Nn.
page 5
Voting Precinct 18. (Comprising regular election precincts 44, 45,
47.)
Polling Place: General School Access Sble co
7955 Archibald Avenue Handicapped: Yes
Rancho Cucamonga, CA 91730
Inspector: Clara Mills
Judge; Lillian Connolly
Judge: Patrick Connolly
Voting Precinct 19. (Comprising regular election precincts 48, 49.)
Polling place: Dona Merced School Accessible to
10333 Palo Alto S[ree[ Handicapped: Yes
Rancho Cucamonga, CA 91730
Inspector: Karen Stevens
Judge; Susan Rosso
Judge: Marilyn Hither
Voting Precinct 20. (Comprising regular election precincts 55, 56.)
• Polling Place: Chaffey College Accessible to
5885 Haven Avenue Handicapped: Yes
Rancho Cucamonga, CA 91701
Inspector; Virginia Haban
.Judge: Do ro [hy St John
Sudge: pat Jackson
SECTION 2: That the compensation of the persons previously named as
precinct board members is fixed ac the sum of $40.00 for each Inspector and
535.00 for each Judge and Clerk for the election. The rental for each of such
polling places, where a charge is made, shall be [he sum of $30.00.
SECTION 3: That the City Clerk shell certify to the passage and
adopcion of this Resolution and enter it loco the book of original Resolutions.
PASSED, APPROVED, and ADOPTED this 7th day of March, 1984.
AYRS:
NOES:
ABSENT:
_ i
Resolution No.
page 6
_1
Jon P. Mikels, Mayor
ATTEST:
Lauren M. Wasserman, Ci[y Clerk
•
%Gy
~,-
h1ELL0 ROOS COMMU;JITY FACILITIES DISTRICT N0. 1
City of Rancho Cucamonga
Proposed Amendments and Changes to
ENGINEER'S TAX APPORTIONMENT REPORT
and
BOUNDARY MAP
1 ) Exclude the operating transmission line right-of-way owned in fee
title and occupied by transmission towers (Southern California
Edison and railroad mainline right-of-way occupied by rails (AT b
SF Railroad and Southern Pacific Railroad). ?~~~n areas not
e
cPeeie4-taH.
2) Propose exclusion of the following properties north of Summit Ave-
nue to reflect determination that the property will drain outside of
the Day Creek Drainage area:
225-111-09 ( 5.0 acres) 225-111-26 ( .3 acres)
225-111-21 ( ,6 acres) 225-111-27 ( 9.70 acres)
225-111-22 (14.39 acres) 225-111-28 ( 9.43 acres)
225-111-23 ( .29 acres) 225-111-34 ( 3.41 acres)
225-111-24 ( 4.85 acres) 225-111-36 (27.16 acres)
225-111-26 ( 4.65 acres)
Total Acreage 79,98
3) The City in order to reduce the annual tax rate to the lowest
prat ticahle level will vi gorouly pursue alternative funding met hanisms,
such as the proposed Sureau of Rec ~~amat ion Loan and shall phase hood
issues over a period of time to allow construction of the facilities
consistent with the pace and demand for development of the watershed.
00 ;
MELLO-BOOS COMMUNITY FACILITIES DISTRICT
No. 84- 4
FOR THE
DAY-ETIWANDA DRAINAGE SYSTEM
CITY OF RANCHO CUCAMONGA
ENGINEER'S TAX APPORTIONMENT REPORT
PURSUANT TO THE
MELLO-BOOS COMVIUNfTY FACLffES ACT OF 1982
PREPARED BY:
WLLDAN ASSOCIATES
290 S. ANAHEM BLVD.
SUITE 100
ANAIfM, CA. 92805
PRELIMINARY
Community Facilities District No. 84-1
for the
Day Creek Drainage System
City of Rancho Cucamonga
Engineer's Tax Apportionment Report
Mello Roos Community Facilities Act of 1982
Prepared by:
WILLDAN ASSOCIATES
290 South Anaheim Boulevard 1100
Anaheim, Cali fornla 92805
774-774-5740
213-924-1631
Community Facilities District No. 84-1
Day Creek Drainage System
City of Rancho Cucamonga
Engineer's Tax Apportionment Report
Mello Roos Community Facilities Act of 1982
TABLE OF CONTENTS
Page
I Introduction 1
II Legal Authority to Construct Facilities 2
III Description of Facilities 2
IV Boundaries of District 4
A) Description 4
B) Boundary Qualification 5
C) Zones 6
D) Zone Discussion 6
V Cost Estimate 8
Cost Estimate Chart - Total District
VI Explanation of Cost Estimate 9
A) Payment by the City of Rancho Cucamonga 9
Cost Estimate Facility Summary
B) Construction Costs 11
C) Redevelopment Agency Contribution 11
D) Contingency Fund 12
E) Water Reclamation Facilities 12
F) Other Fund Sources 12
VII Rate and Method of Apportionment of Special Tax 14
A) Rate of Special Tax 14
B) Gross Area 14
C) Special Tax Rate Reduction 15
VIII Secondary System 16
IX Apportionment 16
X Total Pay-Off - Special Tax 17
XI Drainage Boundary Adjustments 17
XII Appeal Procedure 18
Community Facilities District No. 84-1
Mello Roos Community Facilities Act of 7982
REPORT
Engineer's Tax Apportionment Report
Day Creek Drainage System
City of Rancho Cucamonga
Introduction
WHEREAS, the City Council of the City of Rancho Cucamonga,
California (hereinafter referred to as the "legislative body of the local
agency") did, pursuant to the provisions of the Mello Roos Community
Facilities Act of 1982, being Chapter 2.5, Part i, Division 2, Title 5 of
the Government Code of the State of California, and specifically Section
53327 thereof, expressly order the filing of a written report with the
Iocai Agency for a proposed Community Facilities District. This Commu-
nity Facilities District shall hereinafter be referred to as
Community Facilities District No. 84-1
for the Day Creek Drainage System
(hereinafter referred to as the "district"); and
WHEREAS the Resolution ordering said report did direct that said
report generally contain the following:
1) A description of the public capital facilities proposed for the
project;
2) A general description of the area to be served by said facil-
ities; said areas being the boundaries of the district;
3) A cost estimate, setting forth the costs and expenses for
providing the public facilities to the properties within the
boundaries of the district;
4) The rate and method of apportionment of the special tax in
sufficient detail to allow each landowner or resident within the
proposed district to estimate the annual amount of payment.
For particulars, reference is made to the Resolution of Intention and
Resolution ordering the Report as previously approved and adopted.
NOW, THEREFORE, I, William C. Stookey, authorized representa-
tive for WILLDAN ASSOCIATES, the appointed Engineer of Work, pur-
suant to the provisions of the "Mello Roos Community Facilities Act of
1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government
Code of the State of California, do hereby submit the following data:
ll Legal Authority to Construct Facilities
The proposed facilities are facilities which the City Council of the City
of Rancho Cucamonga is authorized by law to construct, own or oper-
ate.
III Description of Facilities
A Community Facilities District may provide for the purchase, construc-
tion, expansion or rehabilitation of any real or other tangible property
with an estimated useful life of five (s) years or longer, which is
necessary to meet increased demands placed upon local agencies as a
result of development or rehabilitation occurring within the district.
A general description of the proposed facilities per Day, Etiwanda and
San sevaine Creeks System Drainage Plan by Bill Mann b Associates,
March 1983 Is as follows:
1) Primary drainage facilities to serve Zones A and B:
2
Debris Basin: Flood control retention and water reclamation basin
in the unincorporated area north of the City
Day Creek: Flood control channel improvement from the debris
basin to the northerly City limit line of the City of Rancho Cucamonga
Day Creek: Flood control channel construction from Highland
Avenue to 4th Street within the City of Rancho Cucamonga
2) Payment to the contracting authority in the City of Ontario for
completion of the Day Creek Channel through its boundaries together
with construction of both the Wineville and Riverside Basins and a
portion of Etiwanda Channel as set forth in the Bill Mann report.
3) Any acquisition of rights-of-way and land, as necessary, including
other facilities, appurtenances and incidental expenses.
4) For service to all properties within the district: Participate in the
financing of Day Creek spreading grounds and the Day Creek Basin
only if a Federal interest free loan or grant is obtained.
The proposed facilities are necessary to meet increased demands of
drainage protection placed upon the City as a result of new development
occurring within the Day-Etiwanda drainage areas and to conserve water
and assist in the replenishment of the ground water basin.
Based upon the above, it is my opinion that said facilities are those
that are necessary to meet increased demands placed upon the local
Agency as a result of development andlor rehabilitation occurring within
the boundaries of the district.
WILLDAN ASSOCIATES
William C. Stookey
Engineer of Work
3
IV Boundaries of District
A. Description: The boundaries of the district are those properties
and parcels where services are authorized to be provided and in which
special taxes may be levied in order to pay for the costs and expenses
of said facilities. A general description of •he area of the boundaries
of the district is as follows:
- 4th Street (southerly City limits) on the south
- Etiwanda Avenue on the east to ±600' south of Foothil
Boulevard
- Westerly and parallel with the centerline of Foothill Boule-
vard, ±2650'
- North ±200' to the Devore (Route 15) Freeway
- Northeasterly and adjacent to Route 15 R/W ±2000'
- North to ±600' south of Baseline Road
- Westerly ±1325'
- North ± 2250' to the northerly R/W of the Southern Pacific
Railroad
- Easterly !1350'
- North to Wilson Avenue (northerly City limit)
- West to Hanley Avenue (City limit line)
- South to Highland Avenue (City limit line)
- Wes[ to Milliken Avenue
- South to 4th Street (southerly City limit)
Excepting therefrom completed and occupied residential subdivisions.
All as more particularly set forth on the boundary map entitled Melfo
Roos Community Facilities District No. 84-1 on file in the Office of the
City Engineer of the City of Rancho Cucamonga. (Exhibit A)
4
ll0[MD
IOIIE a ~ ,
~~
EXHIBIT A
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-~~~
/r/vu ~ ~ ' irws/a
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y
f. ~4.'
aafn~ar •~v
MCLLO IIOOa COIMUMTT F~CILITI[f OIaT111CT MO. a/-1
errr of a~acMO cuc~fwne~
caartr a au~ aewMeowo. aTrtt of c~wraau
pi
CHANNEL
Mono
EXHIBIT B
FACILITIES MAP ~~
IAL1011001 CO~Mllllft R~CILRRI p/TMC7 N0. N•1
cm a l~lcno cuc~MONOI
ewm a llM rwuimlq, lun a cwrawl~
B. Boundary Qualification: The boundaries of this Community
Facilities District consist, with minor modifications, of that portion of
the Day Creek drainage area lying within the corporate limits of the
City of Rancho Cucamong"a as that boundary is shown on the reports
prepared by Bill Mann and Associates and are commonly referred to as
the Bill Mann report. The boundary is more particularly shown Exhibit
A.
The northerly boundary of the Community Facilities District terminates
at the corporate limits of the City of Rancho Cucamonga since at this
point in time, there are no provisions in the Mello Roos Act permitting
its extension across lines of political jurisdiction. Also excluded within
the above drainage area are the completed and occupied residential sub-
divisions, since these developments have completed their drainage re-
quirements as a condition of developing and will not receive significant
additional benefit from the works proposed.
In establishing these boundaries, it is recognized that the Day Creek
drainage area boundary extends beyond the corporate limits of the City
of Rancho Cucamonga. To the south lies the City of Ontario which
concurrently is attempting to develop a financing program for that
portion of Day Creek which is located within that City. To the north
lies the County of San Bernardino where certain portions of the Day
Creek system must be constructed in order for the proposed facilities
within the boundaries of the City of Rancho Cucamonga to function
properly.
The entire area drains in a southerly direction with very few topo-
graphic features separating the drainage systems in an east-west direc-
tion. As development occurs, the bounda rtes of these drainage courses
could be altered by the development grading.
It would be proposed that should properties lying outside these bound-
aries ultimately elect to discharge their drainage Into these bounda rtes,
5
and are permitted to do so, they pay a fee equal to the total of both
the principal and interest of the bonding obligations such properties
would have supported, had they been originally incorporated within this
district. Such funds, if collected, would be credited to the Debt
Redemption Fund utilized to finance the Day Creek system.
C. Zones: The Community Facilities District is divided into two zones
described as follows:
a) Zone A - Zone A consists of all properties within the
boundaries of the Community Facilities District that are not specifically
described as being within Zone B.
b) Zone B - Zone B consists of those properties bounded on
the south by Foothill Boulevard, on the east by Rochester Avenue, on
the north by Baseline Road and on the west by the prolongation of
future and existing Milliken Avenue (Rancho Cucamonga General Plan -
Circulation Element).
D. Zone Discussion;
Zone A - ali properties within the boundaries of the Community
Facilities District that are not included within Zone B.
Zone B - Zone B is currently under engineering study for the
purpose of residential development. Located on the westerly boundary
of this district, the method of final drainage for this area is a part of a
study now being conducted. Preliminary indications are that only a
portion of the area encompassed in Zone B will drain into the Day
Creek system with the balance of that property draining westerly.
In developing this Community Facilities District, it is the Intent that
only properties served by the facilities to be constructed are to be
6
subject to the special tax. it is likewise the intent not to develop the
boundary of this district on other than property lines that exist upon
the formation. Zone B consists of approximately 512 gross acres, of
which it is currently estimated that t90 gross acreage will drain into
the Day Creek system. For the purpose of precisely setting forth the
special tax for Zone B, the following method is used:
Zone B shall be taxed at the maximum rate of =550.00 per acre for only
190 acres. At such time as the final drainage plan is established for
Zone B, only that area draining into Day Creek shall be subject to the
special tax. Should areas in Zone B be in excess of 790 acres drain
into Day Creek, such excess areas shall be subject to the drainage fee
hereinbefore stated.
7
V Cost Estimate
The cost estimate for the works of improvement for said district is
generally set forth as follows:
Said Project Facilities, including Incidental Expenses
Engineering 6 Construction
Zones A and B: Costs
Debris Basin (in S. B. County) f 2,375,000
Day Creek (in S. 6. County) 6,050,000
Day Creek (in Rancho Cucamonga) 5,791,000
Rancho Cucamonga (facilities to be
constructed in Ontario) 3,440,820
Total Engineering and Construction f17 ,056,820
Engineering E Construction Costs (17,056,820
Capitalized (500,000 RDA Contribution (-) 3,225,000
(13,381,820
~..,.:w.......i_.
Reserve Fund f 1,000,000
Bond Discount 600,000
Proceedings 500,000
Contingency 1,068,180
Total Incidentals f 3,168,180
Total f17, 000,000
Bond indebtedness for RDA contribution 3,225,000
Total to be funded by District f20,225,000
8
VI Explanation of Cost Estimate
A. Payment by City of Rancho Cucamonga: The Day Creek and Eti-
wanda Creek systems are regional flood control systems affecting and
benefitting several jurisdictions. As such, their physical function can
only be accomplished by the construction of facilities in several political
jurisdictions and cannot effectively be constructed in one area without
also being constructed in another area. The Increased run-off result-
ing from the development of this area necessitates the proposed im-
provements.
Over the past three years, studies were initiated under an agreement
involving the San Bernardino County Flood Control District and the
cities of Ontario, Rancho Cucamonga, and Fontana. The Riverside
County Flood Control District assisted in coordinating the development
of the hydrology criteria and developed that portion of the drainage
plan for the San Sevaine Creek in Riverside County. The drainage
plan for the Day Creek system ties to and was coordinated with the
Riverside County Flood Control District drainage plan for Day Creek at
Riverside Drive below the Pomona Freeway. Private developer interests
in San Bernardino County also had a major role in the development of
the drainage plan and participated in both the technical and steering
committees monitoring the studies.
The technical committee of this group has reviewed the joint respon-
sibilities of the cities of Rancho Cucamonga and Ontario and, after
considerable study and discussion, has concluded that the relative
responsibliity of the two titles for the Day Creek system lying within
the cities of Ontario and Rancho Cucamonga, together with the upstream
portion in San Bernardino County, the downstream retarding basin in
Riverside County and a portion of Etiwanda Channel in Ontario, would
be distributed equitably from a cost standpoint between the two cities
in the relationship of 398 to the City of Ontario and 618 to the City of
9
Rancho Cucamonga. The portion of the work lying within the unincor-
porated portion of San Bernardino County is assumed by the City of
Rancho Cucamonga by reason of certain redevelopment obligations. The
report setting forth the eguity of this distribution, known as the Fund-
ing Mechanisms for the Day, Etiwanda and San Sevaine Creek System
Drainage Pian by Bill Mann and Associates is Incorporated with this
report by reference.
For the purpose of setting forth the financial responsibilities of the
City of Rancho Cucamonga for facilities to be constructed by the Com-
munity Facilities District within the City of Ontario, the cost of this
obligation of the City of Rancho Cucamonga is set forth as a Contribu-
tion in the amount of ;3,440,820. By contributing this amount to the
proposed Day Creek system and retarding basin southerly of its corpo-
rate boundaries, the City of Rancho Cucamonga will have contributed
its fair share to the plan.
A summary of the costs as to this obligation is as follows:
Cost Estimate Facility Summary
Day-Etiwanda Creek Improvements
Ontario and Rancho Cucamonga
Total System Construction 6 Engineering Costs by both Cities
Debris Basin (in 5 B County) = 2,375,000
Day Creek (in S B County) 6,050,000
Day Creek (in Rancho Cucamonga) 5,191,000
Day Creek (in Ontario) 5,009,000
Wineville Basin (in Ontario) 3,030,000
Riverside Basin (in Riverside County) 3,357,000
Etiwanda Channel (in Ontario) 2,950,000
Total ;27,962,000
Share: (per Bill Mann report)
Ontario 398 510,905,180
Rancho Cucamonga 618 f17,056,820
10
Facilities to be built by Ontario
Day Creek (in Ontario) ; 5,009,000
Winevilie Basin (in Ontario) 3,030,000
Riverside Basin (In Riverside County) 3,357,000
Etiwanda Channel (in"Ontario) 2,950,000
Total ;14,346,000
Facilities to be built by Ontario ;14,346,000
Ontario share of costs (-) 10,905,100
Rancho Cucamonga share of facilities
to be built by Ontario ; 3,440,820
B. Construction Costs: During the past three years, extensive
studies have been conducted by Bill Mann and Associates on the Day-
Etiwanda system. All construction cost estimates have been taken from
those reports.
C. Redevelopment Contribution: The project area of the City of
Rancho Cucamonga Redevelopment Agency encompasses most of the
properties within this proposed Community Facilities District. In the
formation of that Redevelopment Agency, the Agency, through the fiscal
review process, agreed to contribute approximately one-third of the
total tax increment generated toward the Day Creek drainage improve-
ments.
So as not to ask the voters to authorize a tax rate which is consider-
ably higher than may be needed in the future, it is proposed in this
report that the Redevelopment Agency commit a minimum of ;500,000 per
year to this program. This exceeds its current obligation under the
one-third commitment. The f500,000 annual payment thus committed will
finance f3,225,000 engineering and construction costs, thus reducing
the amount to be raised by Mello Roos. If, in future years, one-third
of the annual tax increment exceeds ;500,000, that amount will be
utilized to reduce the special tax.
11
D. Contingency Fund: The cost estimate sets forth a contingency
fund in the amount of (1,068,180. Setting a maximum tax rate, and
also limiting the terms of the bonds to twenty years, will mean that the
interest rate, the reserve fund and the bond discount will govern the
amount of funds that can be raised. The contingency fund, which is a
factor in deriving the maximum tax rate, is established to allow some
flexibility in the terms to be selected for the bonds and, thus, takes
some advantage of the marketing conditions prevailing at the time the
bonds are issued.
E. Water Reclamation Facilities: These proceedings authorize the
Community Facilities District to participate in the cost of certain water
reclamation facilities contingent upon the receipt of a Federal interest
free loan. The estimated cost of these water reclamation facilities is as
follows:
Day Creek Spreading Grounds ;1,100,000
Day Creek Basin =2,500,000
The application for the interest free Federal loan includes these two
facilities together with a substantial portion of the Day-Etiwanda drain-
age facilities proposed to be financed by this Community Facilities
District. In the event that loan were to be obtained, the maximum tax
rate would be significantly reduced since that rate is predicated upon
substantial interest costs. The costs of those water reclamation facil-
ities, therefore, have not been factored into the amounts used to deter-
mine the maximum special tax.
F. Other Fund Sources; In addition to the Redevelopment contri-
butions, there are other possible fund sources that may or may not be
available for this project. A portion of the cost of the imrrovement
work will be expended In the unincorporated area. Such unincorpora-
ted areas will not be subjected to this special tax. There are, how-
ever, properties within these areas that may be served by the facilities
12
proposed. The City, concurrent with initiating the Mello Roos district,
will formally request the San Bernardino County Board of Supervisors
to impose development fees on this unincorporated area with such fees
being contributed to the financing of the facilities proposed.
Efforts are in process to finance a portion of the entire project by a
Federal interest-free loan. Should these efforts be successful, the
special tax could be reduced.
Should properties outside the proposed boundaries elect and be permit-
ted to drain Into the boundaries, a fee would be levied with such
amounts being contributed to the Day Creek fund.
13
VII Rate and Method of Apportionment of Special Tax
The Resolution of Intention generally sets forth the rate and apportion-
ment of the special tax to allow each property owner within the pro-
posed district to estimate the maximum annual amount that would be
required for payment.
A. Rate of Special Tax: The maximum special tax to be levied on all
private properties within the boundaries of this Community Facilities
District 5hali be f550 per gross acre per year, except that for prop-
erties within Zone B, which shall be as follows:
Zone B shall be taxed at the maximum rate of ;550.00 per acre for only
190 acres. At such time as the final drainage plan is established for
Zone 8, only that area draining into Day Creek shall be subject to the
special tax. Should areas in Zone B be in excess of 190 acres drain
into Day Creek, such excess areas shall be subject to the drainage fee
hereinbefore stated.
Gross acreage shall be defined a5 the area of the property extending to
-- the centerline of adjoining streets except for corner lots where the area
- of the street on the shorter side will be excluded from the calculation,
All easements shall be Included in the area calculation except those
easements for the work of improvement proposed and easements for
power transmission.
B. Gross Area: The maximum special tax is initially set forth on a
gross area basis. The reason is that much of the land is undeveloped
and, as development occurs, a considerable portion of such land will be
devoted to public streets. If area other than gross area were initially
used for the "tax base", the maximum funding available from the Com-
munity Facilities District would continually be reducing. Were bonds to
be Issued, a question could develop as to the ability of the district to
14
continue to meet its bond service obligations. By Initially utilizing
gross area, that problem is avoided. When it is determined that the
maximum tax can be reduced to net area, the matter will be considered
by the City Council. -
C. Special Tax Rate Reduction: At such time as the City Council
finds that the maximum special tax so authorized exceeds funds re-
quired to meet the obligations of the Community Facilities District the
City Council shall reduce the maximum tax rate such that it is calculated
on a net area rather than a gross area basis. If and when such re-
duction is made, the net area shall be defined as that area for the
parcel appearing on the latest map produced by the san Bernardino
County Assessor or, If such area does not appear thereon, the area
shall be that determined by the Ciiy Engineer.
15
VIII Secondary System
The City of Rancho Cucamonga imposes a drainage development fee upon
all properties within the City. This fee is currently established at
f4,050 per acre and is collected at the Building Permit level. Within
the boundaries of this proposed Community Facilities District, there
are, in effect, two categories of deFlciencies. The Day Creek improve-
ments, which are the purpose of this district, may be categorized as
the primary or regional portion of the drainage system, having an
estimated current cost of 577,056,820 for that portion of this regional
system to be financed by the City of Rancho Cucamonga. Additionally,
there is a secondary drainage system deficiency consisting of those
laterals that will drain into the Day Creek system. The total amount of
that deficiency is approximately equal to that of the primary system.
The City's current ordinances pertaining to this drainage fee will not
be altered or modified as a result of this proposed Community Facilities
District. Monies collected by the drainage fee will continue to be used
for the secondary system and that system is not funded by this
Community Facilities District.
IX Apportionment
As further development occurs, apportionment will be required.
Apportionment will be done in the manner stated herein for the levy of
the special tax.
16
X Total Pay-Off - Special Tax
At such time as ail bonds or other borrowing is accomplished, it will be
possible to set forth a total obligation of any parcel of land within this
district. That obligation can be expressed in dollars per acre. It is
the intent of this program to permit property owners, if they so wish,
to pay off their entire obligation and, in return, be relieved of the
special tax. The precise manner by which this is to be done shall be
in accordance with law and established at the time a request is made.
The purpose of this section is to set forth that it is the policy of the
City to permit such a cash payment within the frameworks of the law.
XI Drainage Boundary Adjustments
It is conceivable that along the boundary of this district the final
engineering plans may make it desirable to make minor adjustments
within the drainage boundary. It is not the Intent of this district to
preclude such minor adjustments. No properties within the boundaries
of this district and paying the special tax imposed by this district will
be required to also pay the costs of another primary drainage system.
To the extent that the servicing of debt obligations is not Impaired,
minor exchanges of funds between this district and the funding mecha-
nism eventually used for adjoining primary systems are permitted to
adjust areas that may eventually drain to other than the dralnage
system which Is now proposed.
17
%II Appeal Procedure
Any property owner who feels that the amount of the special tax as-
signed to his property is in 'error may file a notice with the City
Engineer appealing the levy of the tax. An appeals panel of three
responsible members of the City staff, appointed by the City Manager,
shall promptly review the appeal and, if necessary, meet with the ap-
pellant. If the findings of the appeals board verify that the tax on the
property is erroneous, the tax levy shall be corrected and, if appli-
ca61e, arefund granted to the appellant.
Interpretations may be made by City Council resolution clarifying any
vagueness, ambiguity in any categories, zones, etc, which is not in-
tended to cause a change in the rates.
__ It is my opinion that the special tax rate and method of apportionment,
_ as set forth in this report, are fair and equitable, uniformly applied,
and not discriminatory or arbitrary.
Respectfully submitted,
- WILLDAN ASSOCIATES
-_ William C. Stookey
Engineer of Work
18
~~~0 E~
vOST OfFlCE BOx y5 EiIweNM. C~UfOflNld 91]9 pin 9lviR~
March 1, 1984
City of Rancho Cucamonga
P. O. Box 807
Rancho Cucamonga, CA 91730
Attention: City Clerk
Dear City Councilmembers:
1 ~~~~ .
REC~BtltED
CITY OF RANCHO CUCAMONOA
ADMINISTRI:TION
MAR 21981
7~>h~i4pi1~319~g g
Notice is hereby given that Tamco, owner of 30 plus
acres of land, opposes Community Facilities District
No. 84-1 (Day Creek Drainage System).
This project is of no benefit to us.
Very truly yours,
t erlow
Pres' a and Chief Operating Officer
DA7. j
RI~~ B!~-B
C17Y OF RANCHO CUCA110NC11
ADMINISTRHTN)N
March 5, 1984 ~ 6
City Clerk AY ~
it o£ Baacho Cucamonga 7~~I~IU1~1
93~Q Baseline 2d. ~
3ancno Cucamonga Calif. 91']30
Jear .]ir;
:his letter is to inform you that I oapose the proposed flood
control and ~ainage district for ~ property as proposed ~:,y the
Jity o£ :2aacho Cucamonga.
i oppose this issue based on the fact thet this proposed
dis~rict is discriminatory.
In its plans, the City o£ 2ancho Cucamonga has excluded the
vast aajortiy of residents £'rom ,•;ithin the boundary lines and has
i:zc_uded primarily vacant residential land and industrial land
Demers in the jig saw limits.
?or example, the City has excluded from the proposed district
a large portion o£ residential home owners ~.uho live within the heart
of t'r.e flood control plain and directly alongside a main flood
comb rol artery. ?he City also has failed to funish evidence why this
residential tract has been excluded from proposed district taxation.
?his discriminatory plan will cause unduehardship on property
owners ciao -.~i11 be saddled ~.•rith hi,~,h taxation and who are not now
in a position to either soon sell or develone their properties.
S here'o~; request that copies of `his loft r be .given to
^ach city councilman and to the City Attorney.
i,y prope=ties include Parcel 22~-091-21, dssessme nt :10 111284,
nt 12194 Base Line ~i:TI and Fa=~ce1 22'7 091 20, iasesamsnt :~o. 111283,
at12226 Base line ;:TI.
.sincerely,
. C ~riotCf/`
15202 Clenn will ;)r.
-'acienda -Lei,;hts Calif. 91']45
• REC~CLINO
,,
TO CONSERVE
Mzmh 2, 1984
~0~'QO~u]04 Da~o
ETIWANDA, CALIFORNIA
City of Rancho Cucamonga
P.O. Box 807
Rancho CucanR~nga, CA 91730
Attention: City Clerk
Dear City CounciLnarbers:
,btice is hereby given that Ferronet, Inc., owner of 5 plus
acres of land, opposes Community Facilities Distrito No. 84-1
(Day Creek Drainage System).
This project is of no benefit to us.
Very truly yours,
•' <
Wn. G. Hightower
Vim President
Fermmet, Inc.
WGH:dr
SCRAP AN
ENERGY SAVER
CITY OF RANCHO CUCAMONGA
ADMINISTiL'.TION
MAR 51984
7i8~9iDillllYi112~314i$ig
P.O. Boz 127, ENw~nO~, CA 91738
Peon. p„~-0.~.9+,ei n+,> a2oee99
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GE NCflEI OECIC CS: dB~O N~YVCNNVa51 .YV CN'J 6. f~0. BOr )60,. V.1N NVYS. CALI[Ofl Nl1 91]09 TELEflMOHE 121]1 )G 16000
March 1, 1984
City of Rancho Cucamonga
P. O. Box 807
Rancho Cucamonga, CA 91730
Attention: Lauren M. Wasserman
City Manager/City Clerk
Gentlemen:
We are the owners in fee simple of Assessor's Parcel Nos.
229-021-34 and 36 located in Che vicinity of Arrow and Rochester
in Rancho Cucamonga.
We wish to go on record as protesting the formation of the
"Co®unity Facilities District No. 84-I" (Day Creek Drainage
System).
Sincerely,
INDUSTRIAL ASPHALT
Milton F• Masters, P.E•
Vice President-Technical
MFM:bt
cc: Location Flle ~ ~ ~ 7
CITY OF RANCHO CUCAMONGA
ADMIN ISTR. TION
MAR 51984
7i8~9)DiW12)1)~8~4iS~6
1
I~la~~.~ c~ - ~Gy~
To I.l)hom I< YVk~y ~'~neer`r~
Thrs iS c~ letter` c{ ~r`cTe~'t- `t'c 7'Fre
~C:r mr,lq o{ ~,cmmv.l n,1'~~ I-G.ci~rtreS DiSTrIC~'
The. c~rc~e.~ rner,i- c~{- -this S~ee.vp( 'fzx.x
~'c,,~ld L°ttus~. .v v~d.ve_ herd s h, Ps ~ r t-he
LwrerS ~~~- -Phis ~rcP~rt~ ~ av,d -t-he
C~C nSL'. C1 rl E'r.~ sal\,r,q c~- 1'h~s Pie (~e r1'y
a1- a re,du~ed Pucee .
the Cit v',ers cf- CC O,,a.eer.j- I-arld c~o r~oi-
~1nve Thvs `t-nx ~urd~n or 'T'heir
~re~e~-ry , Rr~d. C`.c~~~ld o~er presPe~'~r~~e
b~vyers q r~,crc ctr-~-v-active l.nr\d
~v~rcl,asr_ ~hrs ecr,r~'1-Mutes cv -~erm
C~ c~~s~.~-rmrr~at-~cr~ ~e ~u•IIEen Carr- VV
rc+~~e r't-y aria ~hctt" O~. cv ~i ,UC E'r~+ ~1^olP~r~'1
~1\\f ~~ t~'rof]e r'Fre~~ l,~~r~`r r., -\- ~~E 1~r[, f~os (cil
I~rST'rrcl' hove beFV~ c~~Vet-ecV ~ r~r~~l tV\'S -~vrm..
Rr~othec- cvct cj-~- c~~S~.r~F~r iv~R~l ror~ . ~hert
~.'e«1d ~~ s~ovre_ ~~ho~~r'F.~
c~rv,~Frs u~h v
t~+c^u1~ b~ ' c.l,r-r~l `~U~e., Tax uSSess n,e.,ts
~LUIt\1 r1G ber~e}~~'S ~ Rr~d c-1V,er~ Ar.~~er~l'V
Cv~'r.ers ,..~o~.ld be recerv~v,,I h Er,~~r1'S 0.rrc
~ '
11 C ~ Pct N \ h cl C. 1', ~I ClS~~ <= ~J~: t'r, P Y~'{ .
Cie ,r9.~ ~~~
CORBETT, S7EELMAN S DAVIDSON
A PROF[$SIO NAL LLW COFPOgLTION
19 )BE mnC PRTwVR BOVLEVwRD
SV TE 3B0
IRVINE, CALIFORNIA 92113
T ELLPwONE I11 PI BSI~i00$
March 6, 1984
DELIVER BY MESSENGER
Mayor, City of Rancho Cucamonga
City Council, City of Rancho Cucamonga
City Engineer, City of Rancho Cucamonga
9320 Baseline, Suite C
P.O. Box 807
Rancho Cucamonga, CA 91730
Re: Opposition of Adjoining Landowner to Final
Approval of Tract 12320-1 Map, Item I, March 7,
1984, City Council Meeting
Gentlemen/Lad i.es:
We represent Pacer Homes, Inc., managing partner for
the owner of tract 11614 (the "Property") (revised tract no.
12532) described as 15 acres between Azch ibald and Ramona
Avenue adjoining tract 12320-1. Please consider this letter
the formal opposition of the owner of the Property to approval
of the final map for tract 12320-1 pending resolution of
certain issues involving the drainage of tract 12320-1 unto and
across the Property. In addition, we hereby request that the
City Council hearing on this matter, presently scheduled on the
consent calendar for March 7, 1984, be removed from the consent
calendar and set down for public hearing.
The following facts form the basis of our opposition
to approval of the final map for tract 12320-1. In early 1981,
at the insistence of the City of Rancho Cucamonga, the
predecessors in interest of the present owners of three
adjoining parcels of property, the Property, tract 10491 and
tract 12320-1 (originally 11608) entered into an agreement
providing for mutual cooperation in the development and
construction of storm drains across the parcels and for the
sharing of the cost of such storm drains. The agreement was
reached during a joint meeting between the landowners and the
City of Rancho Cucamonga on January 28, 1981. The agreement
provides in relevant part that:
1) The Property agrees to accept the surface and
storm water run-off from the other two tracts;
CORaETT, STEELMAN 5 DAVIDSON
q PeOFE5510 Nq~ ~qW CO RPOR4TION
Mayor, City of Rancho Cucamonga, etc.
March 6, 1984
Page Number 2
2) All three tracts agree to share the development,
construction and mai„censure costs of any and all
storm drains required by the City and constructed
on the properties; and
3) Because the Property had not yet received site
plan approval by the City at the time of the
agreement, it was contemplated that any final
positioning of the above-described storm drains
would wait approval of the site plan for the
Property.
we have reason to believe that on this, the eve of
approval of its final tract map, the owner of tract 12320-1 has
determined not to perform its obligations under the agreement,
and we respectfully submit that the City of Rancho Cucamonga
has an obligatior. to insure that performance.
The agreement entered into by and between the
landowners, at the insistence of the City of Rancho Cucamonga,
has facilitated the orderly and expeditious development of the
involved tracts, and as such the City, as well as the
landowners, have benefited by the agreement. Further, the
owner of the Property would not have entered into the agreement
and cooperated so fully in allowing the other tract owners to
construct interim drainage facilities had it believed that [hey
would not be required to perform their obligations under the
agreement. Therefore, we respectfully submit that the City
should condition the approval of the final map for tract
12320-1 upon the performance of the agreement by the owners of
tract 12320-1.
Approval of the tentative map for the Property, now
tract 12532, is presently scheduled to come before the City
Planning Commission on March 28, 1983. Once approval of the
map for the Property becomes final, which final approval the
owner will pursue with all dve speed, the owner of the Property
is willing to take over responsibility for bonding and
constructing the necessary storm drains required by the City.
Until then however, it is critical that the owner of tract
12320-1 does not design and install an interim drainage system
on the Property which may interfere with the site plan for the
Property and that the City insure that the owner of tract
12320-1 performs its obligation to share the expenses of the
development and construction of the final drainage system.
,CORBETT, STEELMAN S OgVID50N
A PR OFE55~0 NAL LAW CO RPOFATION
Mayor, City of Aancho Cucamonga, etc.
March 6, 1984
Page Number 3
Therefore, we respectfully request that the City
withhold approval of the final map for tract 12320-1 until:
1) The owners of tract 12320-1 perform their
obligations under the agreement t_o reimburse the
owners of the Property for the costs of any
required storm drain system, or provide adequate
security for such performance; and
2) The owners of tract 12320-1 agree not to
construct any interim drainage system for a
period of six (6) months by which time a
permanent system can be designed and installed on
the Property. If for whatever reason the
permanent system is not installed, the owner of
tract 12320-1 would be entitled to go ahead and
construct an interim drainage system, the cost of
which would be credited against its share of the
cost of the permanent system for which the owner
of the Property would be entitled to reimburse-
ment under the agreement.
We appreciate the time and consideration we know will
be given our objections and we look forward to the opportunity
to answer any questions you may have at the public hearing on
this matter.
Very truly yours,
CORBETT, STEELMAN 6 DAVIDSON
By:
Peter Joh Marshall
PJM:cam
ec: Mr. Don 6oucher
CPPY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 7, 1984
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
~ c~*o,~
G 7
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1977
SUBJECT: Approval of Parcel Map 5733 located on the east side of Etiwanda
Avenue, south of Victoria Avenue submitted by Betty McKay
Parcel Map 5733 submitted by Betty McKay, was approved by the City Engineer on
March 17, 1980 for the division of 7.17 acres of land into 2 parcels and is
located within the Etiwanda Specific Plan district (Low, 2-4 du/ac ).
Street improvements for Parcel 1 will be completed at time of building permit
issuance for Parcel 2.
RECOIMENDATION
It is recommended that City Council adopt the attached resolution approving
Parcel Map 5733 and authorizing the Mayor and City Clerk to sign same.
Respectfully su~nitted,
LBylBK:,faa
Attachments
%-"S
RESOLUTION N0.~03-07~-33CR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RRNCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5733
(TENTATIVE PARCEL MAP N0. 5733)
WHEREAS, Tentative Parcel Map Number 5733, submitted by Betty McKay
and consisting of 2 parcels, located on the east side of Etiwanda, south of
Victoria Avenue being a division of a portion of Lot 5, Block K, Etiwanda
Colony Lands as per plat recorded in Book 2, Page 24 of Maps, records of San
Bernardino County, California was approved by the Planning Camnis sion of the
City of Rancho Cucamonga; and
WHEREAS, Parcel Map Number 5J33 is the final maD of the division of
land approved as shown on said Tentative Parcel Map; and
WHEREAS, all of the requirements established as prerequisite to
approval of the final map by the City Council of said City have now been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, that said Parcel Map Number 5733 be and the same
is hereby approved and the City Engineer is authorized to present same to the
County Recorder to 6e filed for record.
PASSED, APPROVED, and ADOPTED this 7th day of March, 1984.
AYES:
NOES:
ABSENT:
I~
Jon D. Mike s, Mayor
ATTEST:
Lauren M. Wasserman, ,ty er
~a;
PR~~°~SEG LNNL7 O/V/S/~U
PARCEL /yAP ND. 57--33
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D RAF T
FOR D3 SCUSSION PURPOSES
PRCPOS ED RESv"L'JTION
T0: RANCHO CUCAMONGA CHAMBER OF COMMERCE BOARD OF DIRECTORS
FROM: MEMBERS OF ECONOMIC DEVELOPMENT COMMITTEE
RE: PROPOSED DAY CREEK MELLO-R005 ELECTION DISTRICT
I. There appears to be a consensus among the major property owners
attending the meetings that:
A. The Day Creek flood control work is needed and should proceed;
B. The Mello-Roos tax be looked upon as a "backup" source of payment
for the work, with other financing sources utilized to their
fullest potential, and; the cost of the improvements minimized
and spread equitably over an appropriate construction period;
C. The following items be considered for incorporation within the
ballot language.
iI. ITEMS FOR BALLOT LANGUAGE
A. The City/RDA should commit a minimum of 5500,000 yearly towards
Day Creek, and, devote 300X of all available tax increments to
subsidize and replace landowner charges.
B. All appropriate local agencies are to pursue the flexibility
of a Bureau of Reclamatfon Loan to fund part of the project's
cost, and to pursue the repayment of that loan from new sources
such as the sale of the reclaimed water.
C. Should Flood Control District land holdings become developable
and saleable as a result of the Day Creek improvements, some
reasonable portion of any sales proceeds should be used to pay
for the improvements.
D. Manage the project as close as Dos si ble to a "pay as you go" project,
building no faster than as needed. Delay the initial Mello Roos
change until at least 1987, preferably 1969.
E. Minimize and/or eliminate any additional costs for "temporary" flood
control protection devices.
F. Since the Southern California Edison transmission towers are already
flood proofed, the Edison "corridors" should not be included in the
taxable propertf es.
G. Other items?
P
~rurlttmtttiun
19(firr a( ihr l6yar
YNEAEAS, this ie ehe JOth year that conruni ty memhera ?`
the Pomona Va tiey Cz~mmmity 'ancert Aeeoetiation havo brought high
quality concart seasons to this area; and
YNER¢A5, ehe Pomona Valley ^onnuntity Coneo rt Aee ociaeian
ie a nonprofit and oaluntenr nnirttained organisation coneinusnp tz
nuke each avmte awns ble to ati lore reetod eom~nity n•nbern; and
YHERRAS, tha ..^ity n,` Rancho Cummonga rscogniese the
positive cone ributione tha Pomona Vai ley Comnunitu Concart
A eeaciation hoe mtde to eha cu 2tum2 soul rznment anjoyed 1^J the
eti tiaens of ehie City.
ROY, TYE.H¢FOR¢, I, don D. Niketa, Mzyor o,` the City of
Rancho Cucamonga do harvhy proetaim March tl-f+, 1991, ee COMNyglfY
CORCERfS YEER in the "ity of Rancho ". ucamonga.
IR YITR¢SA YHERfOF, I don D. Niketn, Mayor ?" eha ;ity of
Aancha ^,uoamunga haw Mreunto set '+Y han3 arci naua¢i ^.ha seat of
the City of Aancha Tucamon9a eo 6e affixed this ?th day ~;' uv rch,
19¢1.
eJn /. ML Y.B SR
agar
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i~ratq ar Inq n,pat
44EREAS, Ciri Saoutn ^,' c.he LS.A. observes the ?2nd
ann3 vsreary ^,^ tits ,,°oundirtg on Maroh t2, 1994; and
N4EREA5, since I9i2 Iirt Scouting hoe hsip¢d more than 16
mi Uion rmmbere fieeowr neu marZde; and
4HEREAS, the movement wa~firw tits aammitmenc ca eaMt
'or 3taWi understanding and wrti !riaMship among att peoptae;
and
VHEREAS, firi Scouting helps girls arttsr nem monde and
sspsriment with and caption a wr{ety oe iif~arent tutee; and
4HEREAS, .irt Scouting toiay helps gi rte prepare for the
~oartd a, Comorrou; and
4HEREAS, :irZ Seaut Neek mi 17 be set+b: ~t ai by She :tint
,icoute o` mgr community from March I] to 1?.
qON, THEREPOFE, f, don 0. Mi4ele, 4oyor o; .4encho
Tummonga, hereby proataim March II Lhraugh tv. 19A1, an girl Sem~t
Nssk in Aencho Cucamonga.
^/4T.4SR, I AZL upon act r, itiaena ~s ganuho Cucnnanpa to
give chair rontimead inNreet, aoopen tine and aupparc ;+ •ha ;irt
Scouts Porough 1991.
!4 NITHES.S 4HEREOa, I, .ton D. Mike in, uapnr :+" eF,¢ ;i.py
a,` Rnnohn ^w,amortga have hareunty asS m9 hani anti am~nes3 !h¢ neat
a° the City oa Aaneho ^uaamrmya :n bs a,"ixeJ this "th fay of
4arch, 1991.
rntCi! C•,[,~
dun .7. 4ikaie
uayor
~ --
LEWIS HOMES
+~se wom, alanldi Avwxw / eo, aa. em / wme. CA a7ee / >+~ veami+
February 15, 1984
The Honorable Jon Mikels
Mayor, City of Rancho Cucamonga
9320 Base Line Road, Unit C
Rancho Cucamonga, CA 91730
Oear ion:
Ne would like to reach a compromise with the City on the park issues
concerning Terra Vista. Since our meeting with you on February 3, we have
given this matter more thought. It is our feeling that it would be in
everyone's best interest to resolve this issue once and for all now and
avoid the possibility of costly and protracted litigatfon. Although we are
Convinced we would prevail if the matter went to court, we would rather
settle the matter on a friendly basis if there is any reasonable way to do
so.
As we told you previously, we are willing to dedicate and improve the 42.6
acres of local park area shown in the Community Plan, even though we
believe this exceeds the requirements of the law. The main issue between
us, then, is the other part of the requirement, the raw land at the City
Park equal in value to 13.2 acres of improved park, which the Cfty believes
equates to approximately 29 unimproved acres.
Ne have come up with a solution under which the City will be better off
than if we did dedicate the 29 acres. This solution involves both the
overall park requirement issue, the City Park, and our Park Implementation
Plan. The following is what we propose:
1. Ne will agree to sell the City the entire 100 acres on terms that you
can live with, and we will make this deal now.
2. In return, the City wilt agree to buy the 29 acres from us, instead of
requfring us to dedicate it, and certain other fssues regarding our
park plan will be resolved in a reasonable way. The value of the
other concessions we are offering is far more than the value of the 29
acres.
You and the other members of £he City Council, and members of the City
staff, have many times Indicated to us that the acquisition of~ the
City Park sfte is of very great importance. Ne understand that the
City Council is prepared to condemn the site if necessary. Under
Lhese circumstances, we are prepared to sell you the site on terms
The Honorable Jon Mikels
Mayor, City of Rancho Cucamonga
February 15, 1984
Page 2
substantially as follows, which are much more favorable than we would
normally offer anyone who wished to buy land from us:
a. We would open an escrow immediately for the purchase of the
entire 100 acres on an installment sate,
b. The value of the land will De established by appraisal at the
time escrow opens and this purchase price would be paid by the
City's promissory note, secured by a deed of trust on the pro-
perty. there would be no dawn payment and no payment due on the
note for the first year.
c. The deed of trust will divide the property into ten parcels of
ten acres apiece. The City will make ten equal, annual payments
on the note. As each payment is made, ten acres will be released
from the deed of trust to the City.
d. The City will pay us annual interest an the note (the interest
rate we have in mind is 12X}.
e. If the City is unable to make any of the annual payments when
due> we will provide a one-year grace period;if the payment is
not made by Lhe end of that time, the deaf with respect to the
rest of the property will terminate.
f. The first Darcels released will be at the Deer Creek end of the
site and subsequent releases will work towards the Milliken end.
g. The City will agree to pay for a1T street improvements fronting
on the park. To the extent we are required to install any of
these improvements, the City will repay us on a current basis or
as soon as money is available in any appropriate fund (with 10%
annual interest until paid}.
4, we will mutually agree that the other 42,6 acres of park in Terra
Vista is the fixed requirement for the community, irrespective of the
number of units actually built. In other words ,we will be giving up
the possibility of giving less park if we build fewer than 8,000
homes, if we were to build projects with creditable private open
space, etc. The Ctty wilt essentially be agreeing that any density
bonus units for affordable housing will be exempt from park
requirements,
5. Me will agree that we will not file any lawsuit challenging the City's
current park ordinance or its application to our project on the
grounds that have been at issue between us, and we wtlT agree not to
take advantage of any change that may occur in the law that would
reduce our park requirement below 42.6 acres without the City's
concurrence.
6. The City will approve the other elements of the Park Implementation
Plan in a manner reasonably acceptable to us. This is dffficult to
define, since we have not yet Learned from 8i 11 Halley what areas of
the plan may be of concern from the City's point of view, At a
The Honorable Jon Mikels
Mayor, City of Rancho Cucamonga
February 15, 1984
Page 3
minimum, though, the park credit issues that were already settled
during our Community Plan hearings (such as credit for the parks that
will occasionally serve a stormwater detention purpose) will not be
changed now.
Ne are scheduled to meet with Bill Holley Thursday afternoon and we would
like to know before that meeting whether this proposal may beof interest
to the City. Please let us know as soon as you have had an opportunity to
review these items.
Cordially yours,
LEW[5 HOMES OF CALIFORNIA
Ralph M. Lewis
Authorized Agent
RML:DAA:drh
G!~_~ ~
. '~/ `~ q
M E M O R A N D O M ~j~,~„_ ~ ~/
TO: City Council and City Manager
FROM: Robert E. Dougherty, City Attorney
DATE: March 6, 1984
RE: Deer Creek Park Acquisition - Lewis Proposal of February 29,
1984
I have reviewed Kay Matlock's letter of February 29, 1984
relative to the subject mentioned above. I have also reviewed a
proposed "Central Park Land Acquisition Agreement".
Additionally, I have received a copy of Senate Bill No. 2137
which was introduced by Senator Leroy Greene on February 17, 1984.
This bill, if enacted, would limit park land dedication, or fees in
lieu thereof, or any combination thereof, to an amount equal to the
value of three unimproved acres per 1,000 population.
I agree with Bill Holley in his comment that item no. 2 of
Kay Matlock's letter (paragraphs 24 through 26 of the proposed con-
tract) are out of place in a land acquisition agreement. Also, item
1(n) of the letter (23 of the proposed agreement) as well as the
paragraphs last above-mentioned, are matters which if addressable
at all, may only be addressed in a "Development Agreement" complying
with and adopted pursuant to the provisions of Government Code
Section 65864 through 65869.5.
Government Code Section 65867 describes the procedure which
must be followed before a Development Agreement may be adopted.
Fi r. st, a public hearing must be held before the City's Planning
Commission with respect to any proposed Development Ayreement.
-1-
Notice of that public hearing must be given in the same manner and
to the same persons as notice would be given in the case o£ the
application for a zone change. Timing wise, the notice of public
hearing must be published or posted, as applicable, at least ten
(10) days before the public hearing.
This requirement alone would make it legally impossible for
the City Council to approve, by ordinance, Lewis' proposed agree-
ment on or before April 6, 1984. The public hearing notice require-
ments would preclude the Planning Commission from considering the
proposed agreement at any regular meeting before that scheduled for
March 28, 1984. If the proposed agreement were then given a favor-
able recommendation, and even assuming that agenda deadlines are
waived so that a proposed ordinance could be given first reading on
April 4, 1984, the second reading and adoption, even at a special
meeting called for that purpose, could not legally take place until
April 9, 1984.
In the remainder of this memo I will comment with respect to
tiro se provisicns of the proposed agreement which present either
serious legal concerns or where alternatives are available which
would benefit the City without being conversely detrimental to the
Lewis interest.
(1) The recitals all contemplate that what Lewis is propos-
ing is a "Development Agreement" as that term of art is used in
State law. Lewis is attempt inq to guarantee that in the event he
reacquires, or fails to convey, any of the land described in the
agreement to the City that he will then be able to develop such
land to a density based upon current standards.
(2) ei11 Holley observes, that paragraph 2 of the proposed
-2-
agreement would have the City purchase and pay for right-of-way
which the City would ultimate Ly obtain by dedication in the absence
of an agreement. Also, paragraph 2 would allow Lewis to select the
"licensed civil engineer" to determine gross acreage, whose decision
supposedly would be final because the proposed agreement contains
no language establishing a procedure whereby the City could chal-
lenge that determination. Further, paragraph 2 of the proposed
agreement would authorize the City to use the property acquired
"solely for public park purooses". This might be the intent of the
City at this time, however, i£ Land use patterns or economic con-
straints require or dictate some other use many years in the future,
the City should not be restricted in that regard.
(3) Paragraph 5 of the proposed agreement provides that the
principal balance will be divided into ten (10) annual installments
which are equal. However, the provisions for interest would have
the City paying interest which will increase, logarithmically, as
to each installment. For example, the payments would be:
YEAR PRINCIPAL
1 1/10 original principal
plus
2 1/10 original principal
3 1/10 original principal
plus
and so forth.
INTEREST
one years interest
on 1/10 original
principal
two years interest
on 1/10 ori.g final prin-
cipal, compounded
annually
three years interest
on 1/10 original prin-
cipal, compounded
annually
(4) Insofar as paragraph 6 of the proposed agreement is
concerned, the City would have to inspect the terms and conditions
-3-
of the Deeds of Trust referred to therein before we could agree to
honor and abide by the same.
(5) Lewis has structured the proposed transaction in the
nature of a land sale contract. As such, title to unreleased lots
would remain in Lewis, and they would also remain on the tax rolls.
Paragraph 9 of the proposed agreement would require the City to pay
all taxes, assessments, etc. with respect to all of the property.
alternatively, if title to the entire property were to be conveyed
to the City, with a Deed of Trust in favor of Lewis subject to par-
tial release provisions, the property would not be on the tax rolls.
Restructuring the proposed transaction in such a manner would not
be detrimental to Lewis but would be financially advantageous to the
City.
(6) Also, if the property is conveyed to the City subject
to a Deed of Trust, the provisions of paragraph 10 relative to
insurance, paragraph 11 relative to risk of loss and indemnification
and paragraph 12 pertaining to taxes, etc. would be unnecessary.
(7) In paragraph 16 of the proposed agreement Lewis condi-
tions the agreement on first obtaining a document from the City
stating that the division of land in the manner contemplated by the
agreement is "subject to a waiver of the provisions of the Subdivi-
sion Map Act". I have discussed this matter with Lloyd Hubbs and
we are both of the opinion that a waiver of the provisions of the
Subdivision Map Act is not legally possible. However, we need to
know what authority Lewis' attorneys are relying on before making a
final comment on this point.
(9) Paragraphs 20 and 22 of the proposed agreement would
obligate the City to honor all other non-acquisition related condi-
_q_
tions of the agreement even if the agreement is terminated as to
the acquisition provisions. Further, paragraph 20 of the agreement
would give Lewis what appears to be a perpetual option to repurchase
the property conveyed at the price the City originally paid for the
same, in tFe event the City decides to declare such property excess
and put it on the market.
(9) Although paragraph 25 of the proposed agreement appears
to be directed at the park element cf the Terra Vista Specific Plan,
the effect o£ agreeing to such a paragraph would have additional far
reaching implications. At the present time we are dealing with a
formula which when applied to the existing Specific Plan area, and
the projected population density based upon the existing Specific
Plan, yields a fixed number of acres required for park dedication.
This fixed number of acres, depending upon whether Lewis' figure
(42.6 acres) or IIill Honey's figure (49.3 acres) is correct, would
become a constant if the proposed agreement is entered into. Query:
Would the City thereafter be precluded from taking any planning
action which would have the effect of decreasing the overall density
of the Terra Vista planned community below that presently projected
under the existing Specific Plan? I believe that the possibility
that Lewis would be able to make such an argument warrants consider-
ation of whether or not it is conceivable that at sometime in the
future the overall density of Terra Vista might be lowered prior to
build out.
(10) Government Code Section 65865.2 provides that a Develop-
ment Agreement must specify the duration of the agreement. No dura-
tion is specified with respect to those rights and obligations speci-
fied in paragraph 25.
-5-
(11) Zn paragraph 26 Lewis agrees not to contest the exist-
in~C park and open space dedication ordinance. xowever, paragraph
26 contains no committment that Lewis will not seek the benefit of
any subsequently adopted State law which has the effect of reducing
park dedication or fee requirements. In Pact, paragraph 34 seems
to contemplate that a change in State law might effect the park
dedication and fee requirement aC some point in the future. Such
would be the case if Senate Bill No. 2137 is passed and signed into
law.
(12) The proposed agreement contains several uncompleted
blanks, and no exhibits are attached. It is impossible to make
final comments on the proposed agreement until all blanks are filled
in and all exhibits are provided.
RED:sjo
-6-
l.iiI ~r tieitil;H
MEMOR
Date: Mazch 2, 1964
To: City Council dnd Ci [y Manager
From: Bill Holley, Director, Cowmni ty Se
Suhje ct: Deer Creek Pack Acquisi Lion
Lewis Proposal of Peb[uary 29, 7984
In the attached letter from the Lewis Company, a Conditional concept for
acquiring the 99 acre Deer Creek Park alts is outlined.
In staff's vi ea the concept as presented is not vl able. This is our opinion
Eor a number of reasons which we will list point by point. Ne have made each
of these points known to Lewis.
with reference [o the Lewis letter of Pebrua ry 29, 1984:
t. Paragraph 2 demands an unreaeoneble, in staff's view, schedule of Council
action considering the mgniLUde and unknowns of the ieaue.
2. 2tem 1 b S c. Lewis moat tell ue, "NON", in dollars, what price per acre
they will accept for the propel ty ... if the price ie within our
financial ability to met the contractual performance obligations ... we
can make a deal. if the price is far outside our ebi lity to perform, we
don't make a deal ... thet simple. Ni thout this condition being
satisfaciori ly met, the rest of the proposal is just so much paper.
3. Item 1 d: Lewis, in this item, auggesta we buy the road rights-of-way
and pay interest Lo Lewis on those pvrchaeea Eor 10 years. This is
unacceptable.
4. Item t e and 1: The purchase should atnrt Erom Milliken and Baee Line
rather than Deer Creak as Lewis suggests. The fi ret Lao increments are
to he roughly 'equate' in configuration (625' S to q and 695' 8 io a)
with subsequent parcels being the adjacent 'stripe' as outlined.
5. Item 1 f: Fi rat payment not until Pi scel '85-'86. 2f we Eollow the
proposal we would have only 2 moo the lead time to prepare for the
expenditure considering the Fiscal Year tudgeting process. This change
would give us a year to prepare.
6. item 1 q: They suggest 12~ annual Sore teat rates ... we suggest 81
interest based on rotten! rates for municipal bonds.
7. Item 7 1: Additionally, the City could hold all salvage nigh to to
removed improvemnta.
continued ...
page 2
memo 3/2/84
re: Lewi9 Proposal, of Pebruary 29, 1984
8. Item 1 a: pll beyond thin fist Sentence is to be deleted.
9. Item 1 n: If the acquisition tenai mates, land use rich is should revert
to Lewis on the un-purchased portion, but how he uses the land is not
germain to this salsa agreement.
10. Item 1 0: Land moat be free and clear of encumbrances a! time of
purchase.
11. Item 1 q: strike in its entirety.
12. Item 1 r: The items referred to are irrelevant to to a sales
transaction, however, in the in[e rear of fully responding to Lewis'
letter, we will address the points contained in Item 2.
13. Item 2 a: Ravi ae 42.6 acres upward to 49.3, and 13.2 acres dornwatd to
6.5. Same in 2 b and 2 c.
14. Item 2 d, Delete aecand sentence of paragraph.
15. Item 2 e: Ptive to open apace will De adopted in accordance wiN City
standards, noc Terra Vises standards.
16. Item 5 in unreasonable in staff's opinion as I indicated previously.
Bottom line la this some of the items above are more important than
others. However, wl Nout immediate reaolueion of No. 2, eetabliahing the per
acre price, in my view we are not spending our time productively coming to
terms on anything else.
On Nednesdey, March 7, the Lewis Company has requea tad to be heard on this
matter by the City Council. It has been placed an the agenda under staff
Reports.
BH/mw
LEWIS HOMES
1156 Mo6h Maunran Mrh,~ / G.O, am eA ~ uplOnp, G Vl7ee / 71~ 4a50Gi1
February 29, 1984
City Council
City of Rancho Cucamonga
9320-C Base Line Road
Rancho Cucamonga, CA 91730
Re: Proposal for Acquisition of Central Park Site
and Resolution of Related Issues
Gentlemen:
In a spirit of cooperation, we have developed a proposal to resolve the
City's acquisition of the Central Park and related questions Concerning
parks in the Terra Vista Planned Community. We are submitting this
proposal to you in goad faith, in the belief that it offers substantial
benefits to the City as well as ourselves. Our hope is to finally settle,
on a friendly basis, the uncertainties that have been of concern to both of
us.
This letter is not a formal offer but outlines the major concepts of our
proposal. If we are mutually in agreement with the concepts then our
attorney will preDa re an agreement for your review and upon execution by
bath parties the terms and conditions will became binding. We ask the City
Councfl to consider this proposal on March 7 and respond that night as
substantively as possible. If the City Council believes there is the basis
for reachfna a mutualiy beneficial agreement, then, because of the tight
time constraints facing both parties, we respectfully request that the
Council take such other actions as may be necessary to adopt the agreement
by ordinance no later than April 6.
The major elements of the proposal, to be detailed in the agreement, are as
follows:
Subject to the terms and condf tions to be included in the agreement,
we will sell the City the entire ±100-acre Central Park site on terms
substantially as follows, which are much more favorable than we would
normally offer anyone who wfshed to buy land from us:
a. We will sell the City the entire 1100 acres under a contract of
sale. (A contract of sale is similar to the purchase of a new
car: you own it, but the seller retains legal title until it is
paid off.)
Page 2
b. The value of the land will be established now by appraisal. Each
of us will appoint an appraiser and, should their valuations
differ substantially, the two appraisers will appoint a third;
the price will be the average of the appraisals. At any point,
however, we may reach mutual agreement on the price.
c. The property will be appraised as if the entire site were
designated for Medium Density land use under the Terra Vista
Community Plan, resulting in a total of approximately 900
dwelling units (midrange of 4-14 units pr acre x 100 acres) far
the entire site. This is approximately equivalent to the total
of the various land uses indicated in Figure VI-1 of the
Community Plan, plus a portion of the potential density bonus
that could occur. We believe that assuming one overall blanket
density for the entire site will result in a simpler and more
consistent appraisals.
d. The acreage of the property will be determined by a licensed
civil engineer. The property conveyed will he measured from the
ultimate centerlines of adjacent roads. The purchase price will
be adjusted on a pro rata basis should the actual gross acreage
be more or less than 100 acres.
e. The property will be divided into ten parcels of approximately
ten acres apiece. The boundaries of the parcels will run north
to south. The City will waive or be responsible for, all map
requirements.
f. The City will make ten approximately equal annual principal
payments. There will be no down payment; the first principal
payment will be due one year after the agreement takes effect.
g. Interest on each parcel will compound at 12% per annum but will
not be payable until the principal payment for that parcel is
due.
h. As each payment of principal and the accrued interest is made,
then, so long as the City is not in default under the agreement,
we will convey to the City, by grant deed, legal title to the
appropriate 10± acres of land.
i. The first parcel conveyed will be the westernmost parcel adjacent
to Deer Creek. Subsequent releases will be contiguous and will
work eastward in sequence.
j. If the City is unable to make an annual payment of principal and
interest when due, you will have the optfon, one time only, to so
notify us and obtain a one-year grace period with respect to that
payment, but interest shall continue to accrue during that
period. If the payment is not made within one year, the deal
with respect to the rest of the purchase will terminate.
k. The City will have the option to prepay a parcel's principal
payment, with interest accrued to date of payment, so long as the
Page 3
parcel being prepaid is contiguous to land already paid for, and
obtain legal title to that parcel as explained above.
1. At any time after the first principal and interest payment has
been made, the City will have the right to develop all or any
portion of the 't 100 acres for park use. Should the purchase
later be terminated, however, the City would be obligated to
remove any park improvements installed on land not paid for and
conveyed by deed.
m. The City will be responsible for all park improvements, including
all improvements within street rights of way to the centerlines
of adjacent roads fronting the property. To the extent we are
required to install any of these improvements in advance, the
value of the improvements wiil be credited against systems
development or other appropriate fees then due from us. Tn the
extent the value of improvements we are required to front exceeds
our fee obligations, the City wf 11 repay us within 12 months from
any appropriate fund, with 12% annual interest until paid.
n. The City will have the right to terminate the acquisition program
at any time. If the acquisition does terminate, we will be
permitted to develop the property not yet purchased, in
accordance with the land use map for this property shown as
Figure YI-1 of the Terra Vista Community Plan.
o. The contract of sale will be subordinate and subject to existing
encumbrances of record. The property is presently encumbered by
three deeds of trust, which will be paid off by us according to
their terms. Ne will obtain reconveyance of all trust deeds
affecting a parcel prior to conveyance of fee title to the City.
p. Property taxes, assessments, and insurance, if any, will be
prorated as of the effective date of the agreement and the City
will be responsible for all such expenses after that date.
q. Should the City in the future decide to self any of the property
it has purchased from us under this agreement, or if improvement
of the park has not been initiated within five years, we will
have the right to purchase back at the City's original cast.
r. The purchase agreement is contingent on the other elements of the
proposal, as outlined below:
2. The Park Implementation Plan for Terra YTsta will be approved by the
City in a form mutually acceptable. The eiements of primary concern
to us are the following:
a. The Terra Vista community's park requirement of 55.8 acres will
be satisfied through the provision of 42.fi acres of improved
public park area (local parks, trails, and greenways) Located
Page 4
south of Base Line and/ar west of Deer Creek, and 13.2 acres of
private open space.
b. Full park credit against the 42.6 acres of public park area will
be granted far all parks, trails, and greenways as shown in the
Terra Vista ComnUnity Plan.
c. Should the Terra Vista camnunity's ultimate population be lower
than anticipated, we will agree that the 42.6 acres of improved
public park will still be provided.
d. Should the caamunity's ultimate population be higher than
anticipated, the City will agree that any additional park
requirement above the 55.8 acres will be satisfied through
provision of private open space. Such credit for any affordable
housing density bonus units will be deemed a fulfillment of the
project's park requirement rather than an affordable housing
incentive.
e. Credit for private open space will be granted in accordance with
the guidelines previously developed for Terra Vista.
3. The Lity and we will agree that the ground rules for park requirements
in Terra Vista are fixed by this Agreement and the version of the Dark
Implementation Plan and will not be changed in the future without our
mutual consent.
4. Ne will agree not to file any lawsuit challenging the City's current
park ordinance or its application to Terra Vista on the grounds that
have been at issue between us, and we will agree not to take advantage
of any change that may occur in the law that would reduce Terra
Vista's park requirement below the 55.8 acres, mentioned above, plus
or minus the allowed adjustment in private open space requirement,
unless the City concurred in such a change.
5. The City will do whatever is necessary to assure that final City
approval of this proposal, including the agreement as well as the Park
Implementation Plan, will occur no later than April fi, 1984.
we believe the City has a great deal to gain by accepting this proposal,
and hope for a favorable and substantive response from you on March 7.
Please feel free to contact us if you have any questions or concerns.
Cordially,
¢~--Il~-t~~
Kay Matlack
Project Manager
KM:wc
.'
, RECORDING REQUESTED BY, AND
WHEN kECORDED, RETURN T0:
LEWIS HOMES
ATTN: Legal Department
1156 N. Mountain Avenue
Post Office Box 670
Upland, CA 91786-0670
CENTRAL PARK LAND ACQUISITION AGREEMENT
phis Lzntral Park Land Acquisition Agreement (the "Agreement") is made the
_ _ uay of __ ~ _ _, 1984, by and between LEWIS CONSTRUCTION CO.,
INC., a California corporation, and LEWIS DEVELOPMENT CO., a general
partnership (hereinafter collectively referred to as "Lewis"), and the CITY
O'~ Pd+1CH0 CUCAMONGA, a Municipal corporation (hereinafter referred to the
rity^)
R E C I i A L 5
n ih •r Ci*.y of P.an cho Cucamonga is an incorporated general law city
ex~.,ting uncle' the laws of the State of California.
.. ~t~..s con U ups certain real property within the Ci :y which is knows as
Term 'r ista and whi rh is referred tc '~,c~ein as the "Manned
~'ni*f:iniry", This Planned Comm nity consists of app rozimately i3C0
m -^< beginning at the intersection of Haven Avenue and Foothill
8cd ,evard; thence traversing north along the centerline of Haven
.M1 venue to the south right of way of the Pacific Electric Railroad,
'hence east to Milliken Avenue; thence south to the centerline of
'3a•~~ Line Road, thence east to the centerline of Rochester Avenue;
~nance so+rth to the center line of Foothill 9ouleva rd; thence west to
she beginn my point, being the intersection of Haven Avenue and
Foothill Boulevard.
~'. On the 16th day of February, 1983, the City adopted Ordinance No. 190,
approving Planned Community Zone No. 81-01 for the Development of the
Planned Community, By that action the City Council established that
development within Terra Vista should be "regulated by the adopted
Planned Community Text entitled Terra Vista and in part by the Rancho
Cucamonga Zoning Ordinance." That text shall hereinafter be referred
as the "Community Plan".
Centro Dark Land Acquisition Agreement Page 2
D. The City acknowledges that by electing to enter into contractual
agreements such as this one, the obligations of which shall survive
beyond the terns or terms of the present City Council members, that
such action will serve to bind the City and future Councils to the
obiigations undertaken in such agreement, and shall limit future
exercise of ;er tain governmental and proprietary powers of the City.
the terms and conditions of this Agreement have been found by City
Council to be fair, just, and reasonable, and the Agreement is thereby
'ntended to bind Lewis and the Lity for its duration.
fhe Ciiy rrknowledge<_ that ~~ormencement of development of the Planned
.:umu.u n; ty is imminent, and that once begun, property oalues faith in the
'la nne~ P.cunnunity are likely Cn rise significantly above the ru rrent
revels. The City desires to obtain the agreement of Lewis to convey
at its current market value one hundred (100) acres, more or less, of
property within that Planned Community to be useA as a city park
;he rnin referred to as "the Park";, on to nms an: conditions
advantayeous *o the City.
" Lewis seeks to devetnp the Planned Community in the manner
con ten~plated by the Community Plan and by law, and in return for the
obligations herein undertaken desires that the City, acting through
its Council, make certain determinations and decisions regarding the
development of the Planned Community which are related to the exercise
-,f :i ty nw,e rs pursuant to the Community Plan and the Municipal rndr.
,.. ;n obligating the City pursuant to this Agreement, the City Council
has elected to exercise certain governmental and proprietary powers
which it has determined are in the best interests of the City and its
citizens. In exercising these powers at the present time, rather than
deferring such exercise to sane undetermined future date, the City
Council finds that the City is acting within the, law and within the
power; granted pursuant Lc the California Constitution and statutes
promulyated thereunder. The City through this action by its Council
has taken into due consideration the question of whether or not it is
more advantageous to exercise these powers at the present time or in
Central Park Land Acquisition Agreement Page 3
the future, and has concluded that the economic interests of the City
and its citizens, as well as considerations related to public health,
safety, welfare, and enjoyment will be best served by the exercise of
those powers now.
1.. The City wishes to facilitate implementation of its General Plan and
the Community Plan. The acquisition of the Park, which is
accomplished by way of this Agreement, is deemed to be a major and
important step in the accomplishment of the planning pucposes and
objectives stated in said plans; consequently, the elements of this
?.g reement are deemed to be in furtherance of comprehensive planning
~~bjectives contained within those documents, The planning objectives
which are advanced through this Agreement include the City's goals:
lj to provide park and open space areas in an amount reasonably
related to the expected population of Terra Vista,
i21 ro ;rovide a reasonable balanre between par h, aM grousing as the
?urra 'Jis to Planned Cummunity develops,
~;3` to insure that parkland in the amount contemplated in those Plans
will be available in the Planned Community without regard to the
outcome of future litigation or legislation which might otherwise
result in avoiding the original intent of the park and open space
r:onrept as delineated in the Community Plan, and
(~i) to assure that the City will be able to acquire the land for the
Park during the remaining time available in the original 24-month
period (the "Hold-back" period) established in the Community Plan
during which Lewis agreed to refrain from applying for rezoning
or selling said land to other parties.
!. Were it not for this Agreement, Lewis in its exercise of prudent
business judgment, would intend fmmediately upon expiration of said
24-month Hold-back period to apply to develop the land according to
the land use presently designated in the Community Plan Figure Vi-1.
Central Park Land Acquisition Agreement Page 4
[f successful in such application Lewis would intend either to proceed
to develop said property or to make provision to sell it to a private
purchaser. Lewis represents that it would 6e unwilling or unable to
withhold the use of said property from the marketplace beyond the
Hold-back period, and consequently it is advantageous to both parties
to affect the Park purchase accomplished by way of this Agreement.
u. Lewis has evaluated the economic feasibility of conveying to the City,
for the consideration herein designated, the lands comprising the
Park. Lewis has been induced to agree to this transaction as a result
of the cumulative benefit of the ar,tions and covenants herein effected
~y the City, all of which, in total, represent the consideration for
this Agreement.
k. 'fhe City Council has found that this Agreement is consistent with the
feneral Plan of the City and the Community Plan.
hi ^_^ ____ _, 1984, she City Council of Rancho focamunga adopted
~l rd.'nance No. approving this Central Park Land Acquisition
nyieement and authorizing the undersigned Mayor and City Clerk to
execute same and by that action bind the City thereby. Said Ordinance
look effect 1984.
OON, 'HERE FORE, iN CONSIDERATION OF THE MUTUAL COVENANTS ANO AGREEMENTS
eERE ~^a CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATIONS, the partf es
he~~~.~ aq ree as follows:
1. This Agreement is contingent upon the occurrence of certain conditions
precedent as specified herein and shall be effective and the
obligations of the parties hereunder shall arise only as of the
effective date of City Ordinance No. (hereinafter referred to
as the "Effective Date") which Ordinance authorizes the City to enter
into this Agreement.
Central Park Land Acquisition Agreement Page 5
2. The City agrees to purchase from Lewis, and Lewis agrees to sell to
the City, according to the terms and conditions herein contained, that
certain real property (hereinafter referred to as the "Property") in
thF City of Rancho Cucamonga, San Bernardino County, California, as
~~~o:e Fully described in Exhibit "A" attached hereto and made a part
he ~~enf and consisting of one hundred (100) gross acres, more or less.
It is intended by the parties that the Property be used solely for
public park purposes. The property conveyed will be measured from the
ultimate centerlines of adjacent roads. The acreage of this property
shall be determined by a licensed civil engineer selected 6y Lewis and
?he Purchase ?rice shall reflect the entire property conveyed.
r., purchase price for the Property shall be established by appraisal
o, +ducted prior to the second reading of the Ordinance adopting this
Ayr-an~e nt; provided, however, that the parties may agree on the
Pu rr h.:se Price at any time prior to sa iA da re. Said appraisal shall be
ac~.omplished in the following manner: Lewis shall select one
appraiser, Ci%.y shall select nne appraiser, and the twn so selected
siia~' appraise the Property, as of Che Effective Date, to its best and
highest use to which it could be put if it were nlnrd as residential
i^r, o~;e property at a density of "M" (at an average density of not less
than ninr dwelling units per acre) as defined in the Community Plan.
fn the event the two appraisals so obtained differ by less than five
percent (5r), the higher of the two shall establish the Purchase Price
Fur the transaction. In the event the two appraisals so obtained
di~~fer 6y more Shan five percent (5%) and the two appraisers cannot
agree on the value of the land, then they shall select a third
appraiser who shall similarly value the Property and the average of
the three appraisals shall establish the Purchase Price for this
transaction. Appraisal costs shall be borne equally by the parties.
A The City shall not be required to pay a down payment to secure this
transaction.
5. The Purchase Price shall be paid in ten (SO) annual payments which
shall include principal plus interest as defined herein. Each annual
Centro' Park Land Acquisition Agreement Page 6
principal installment shall be in the amount of one-tenth (1/10) of
the total Purchase Price. Each annual payment shall additionally
include all accrued interest on the principal installment at the
annual rate of twelve percent (12%), compounded annually from the
Effer rive Date hereof. The first such annual payment shall 6e due and
payable one (1) year and a day following the Effective Date and the
remaining payments shall be due annually thereafter until all
principal and interest has been paid, whereby City's entire financial
obligation shall be satisfied ten (10) years and a day- from the
Effective Date unless extended for an additional year as permitted
he rain, In the event the City is unable, in good faith, to make an
annual payment (including principal and inter=st) when due, then it
ma, elect one time and one time only during the period of this
Agreement, and upon sixty (60: days' advance notification ro Lewis, tc
defer said payment for one (1) additional yeah [n the event of such
elertion, interest upon the deferred principal ins tallman i. shall
continue to accrue, and at the end of such deferral period f,ity shall
main ~ paymnnt :onsisting of the deferred principal end all ao.+•ued
interest ~, the date of payment as well as the annual payment which
nm~^!ally would have been due at that time without regard to such
7efe rr al.
..a•d Property is subject to rhr_ following iru st deed encumbrances,
whid~ are outstanding at the date of this contrart and will be pafd by
Lev•., according to their terms.
(a) Deed of Trust dated fn favor of
(b) Deed of Trust dated _ ___, in favor of
(c; Deed of Trust dated in favor of
(d, Deed of Trust dated in favor of
'.ventral Park Land Acquisition Agreement Page 7
City agrees in entering into this Agreement subject to such trust
deeds that it will honor and abide 6y the terms and conditions
contained therein.
?. Lewis, after the date of execution of this Agreement, and so long as
it remains in effect, shall not further encumber the Property in such
an amount which, together with existing encumbrances thereon, exceeds
the amount due pursuant to this Agreement, or which in any other
~~~~anner may be constrained by law, without the written consent of the
~;ty.
9. :,rn ~i, after C°.a Effertive Date, shall not make any offsi to or onsite
improvements, or perform any other work on the Property, which may
result in the creation, subsequent to the date of this Agreement, of a
mechanic's lien on the Property or any portion thereof without Che
written consent of City.
+ All taxes., assessments, and ins'u ranee premiums, if eny, pertaining [o
the Prope r'y ;hall 6e prom terl on the basis of 30-day months and the
latest available tax bills as of 17.:00 Midnight Pacific Standard Time
on the Effective Date. Payments or reimbursements due to Lewis as a
r?suit of this proration shall be paid on or before the Effective Date
and shall he a condition precedent to any executory obligations of
Lewis he~~eunder. Except, as in this Agreement otherwise expressly
provided, the City shall pay any general or special taxes, liens,
rha~ges, or assessments of any nature levied, assessed, nr accruing on
the Property after such date, and shall be responsible for dust
abatement, weed abatement, and all other similar property standards
chargeable to an owner pursuant to law, policy, or regulation. Real
property tax obligations of the City pursuant to this Agreement are
expected to be the amount of 1983-84 taxes prorated as above described
plus the full amount of 1984-85 taxes, a lien on the Property not yet
due or payable. Documentary transfer taxes shall be paid by City, and
are estimated to be in an amount represented by the difference between
the purchase Price, as herein defined, and the unpaid principal of the
Central Park Land Acquisition Agreement Page 8
existing encumbrances allocated on an area basis to the Property being
conveyed, or in such other amount as may be required by law.
i0, the City shall, at City's expense, obtain and keep in force at all
tf~~nes subsequent to the Effective Oate, a policy of comprehensive
b ;dily injury and property damage liability insurance in a form and
issued 6y an insurer acceptable to Lewis with limits of not less than
$5,000,000.00 combined single limit insuring Lewis and City against
any and all liability of the insured with respect to the Property
described herein or arising out of the maintenance, use, or occupancy
thereof. The limit of said insurance shall nut, however, limit the
liability of She Ci t.y hereunder. No policy shall be cancellable or
su eject to reduction of rcverage except after thirty !30) days' prior
.v ~~~tten nn lice to Lewis.
!1 All risk of loss with respect to the Property pursuant to this
Agreement shall pass to the City as of the Effec *.ive Date. A* that
t one City shall assume al'. risk of damage to property cr injury tc
~c rsons in, upon, or about the sites from any cause other than ~ewi,'
negligence, and City hereby waives all claims in respect thereof
against Lewis. City shall indemnify and hold Lewis harmless from and
against any and all liability, claims, judgments, or demands, arising
From City's use of the Property or from the conduct of City's business
~,r rrom any activity, work, or things done, permitted, or suffered by
Ci U in or rb out the Property or elsewhere, save and except claims or
~~~~gation arising through the sole negligence of Lewis. City shall
additionally indemnify and hold harmless and defend Lewis from and
against any and all claims arising from any breach or default in the
performance of any obligation on City's part to be performed under the
terms of this Agreement, and will make good and reimburse Lewis for
any expenditures, including attorneys' fees, which Lewis may incur as
a result of the matters contained in this sectfon and, if requested by
Lewis, will defend any such suit at the sole cost and expense of City.
l2. Should the City fail to pay any amount to be paid by it pursuant to
this Agreement for any taxes, liens, charges, assessments, or
Central Park land Acquisition Agreement Page 9
insurance, within ten (lo) days before such amount becomes delinquent,
then Lewis may pay such amount and City will repay to Lewis on demand
the amount so paid together with interest thereon from the date of
payment by Lewis Lo the date of repayment by City at the rate of
twelve percent (12.,) per annum.
l3. The City shall be entitled to enter possession of the Property as of
the Effective Date of this Agreement and to continue in possession
thereof so long as it is not in default in the performance of the
terms herein,
°ay ment of all money<_ becoming due hereunder cy City and the
performance of all covenants and conditions of this Agreement to be
kept and performed by City are conditions precedent to the performance
b•- Lewis of any executory covenants and conditions of this Agreement.
.n the event City shall fail for a period of one (1) year after they
oecome due to pay any of the annual payments in full except as to the
nnc deferral herein permitted, and as Ln t:h at One For ;, period of two
;2) years after the original due date, or shoo ld City Fail to romply
vi th any of the covenants or conditions of thi; Agreement on its part
to be performed, then:
(a) Lewis shall be released from all obliyations in law or equity to
convey the Property, or any portion thereof not already conveyed,
to City, and all other obl+gations pursuant fi this Agreement.
(bj City shall forfeit all rights to any of the Property not then
already conveyed, or to the possession thereof.
(c) Lewis shall have an immediate right to retake possession of any
of the Property not already conveyed;
(d) Any rights, powers, or remedies, special, optional, or otherwise,
given or reserved to Lewis 6y this paragraph shall not be
construed to deprive Lewis of any rights, or powers, or remedies
otherwise given by law or equity.
Central Park Land Acquisition Ay reement Page 10
r5. City agrees with, and represents to Lewis that the Property has been
inspected by it and that it has been assured by means independently of
Lewis or of any agent of Lewis of the truth of all facts material to
this 4greement, and that said Property is and has been purchased by
the Ci'y as a result of such inspection or investigation and not 6y or
through any representations made by Lewis, or 6y an agent of Lewis.
City hereby expressly waives any and all claims for damages or for
rescission or cancellation of this Agreement because of anv
representations made by Lewis or by any agent of Lewis, other than
such representations as may be contained in this Agreement. City
further ag rces that Lewis and any and all agents of !.ewis shall not. be
liable for or on_ account of any inducements, promises,
r~.r,~e;entations, or agreements not contained in this Agreement; that
~:o ac=nt nr employee of Lewis is or has been authorized by Lewis to
make any representations with respect to the Property, and that if any
such representations have been made they are wholly unauthorized, not
.+i rd ing on Lewis, and are not relied upon by the City.
'.-uir-ident with the Effective Date the Property shall be divided out
of er ra Vista land of which it is a part and shall be further divided
irto ten (l0) parcels (hereinafter referred as the "Lots") of ten (10)
acres apiece substantially in the manner illustrated on Exhibit
at to;hed hereto and made a part hereof for all purposes. The final,
or tenth, Lot may be larger er smaller than ten (1D) acres to reflect
the actual acreage of the ?ronerty as determined by survey. The City
shall be designated as the subdivider for purposes of complying with
all requirements of law relating to both the division and the further
division of land hereina bove mentioned. The boundaries of the ten
(lOj Lots shall run north and south to the extremities of the
Property. to accordance with Calffornia Civil Code Sectfon 2985.51,
fity, as subdivider, agrees that the division of land contemplated
he ruin is the subject of a waiver of the provisions of the Subdivision
Map La and local ordinance and it covenants and agrees to furnish and
attach hereto prior to the Effective Oate a copy of the City document
granting said waiver, failing which this Agreement shall terminate and
be of no further force or effect.
Centro'. Park Land Acquisition Agreement Page 11
11. At the time the City makes each annual payment, including principal
and accrued interest and provided it is not then in default of any of
the provisions of this Agreement, Lity may request, and shall be
granted by Lewis, conveyance of one (1) of the ten (ID) Lots. The
firs Lot designated for conveyance shall be the westerly-most Lot,
adja:;ent to Deer Creek; subsequent conveyances will be of parcels
contiguous to the prior conveyance, thereby moving sequentially toward
the east. At the time of such conveyance, Lewis will execute and
deliver to City a grant deed conveying to City good and marketable
title to each such Lot unencumbered by deeds of trust surviving such
conveyance as evidenced by a standard form CLTA title insurance policy
procured and paid for by Crib i•. the fu 11 amount o. the Purrhase
Pritr. Any escrow, recording transfer tax, or similar charges
~zlated to said conveyance shall be divided equally between Lewis and
the Ci r.y.
tL. The City ~w;ri he responsible, at its sole cost and expense, for
!n51a'lirg any and all park imprnvemen is upon the Property, including
,rl inprovemen is within street r gh is of way to the centerlines of
adj are nt rua ds fronting the Property. [n the event that Lewis shall
agree, from time to time, to install any of these improvements, the
value of said improvements will be credited against any payments
arising out of any of the d2veiopment activities of the Terra Vista
Planned Conmunity wnich may be Chen due by Lewis to the City. To the
~~xtert that the value of improvements exceeds such existing fee
obligations, then the City shall repay Lewis within a twelve-month
(12-nronth) period from the time that the work was completed from any
source of funds which may be legally used for such repayment, its
actual costs incurred, plus interest on such amounts from the date of
such completion at a twelve percent (12%) annual rate until paid.
19. At any time after the ffrst principal payment has been made, the City
may develop all or any portion of the Property for park use. Should
this Agreement terminate for any reason prior to the tfine Cfty has
acquired title to the entire property, then the City agrees to remove,
Central Park Land Acquisition Agreement Page 12
at its sole cost and expense, any park improvements installed on Lots
which are not owned by the City at the time of such termination.
~(i. Thit Agreement is entered into by Lewis in order to assist the City in
~at~sfying the planning objectives of the General Plan and the
community Plan and to induce the City to exercise ceriain governmental
and proprietary powers at the time of execution of this Agreement
rather than at some future date. In the event the City elects to sell
or otherwise transfer any of the Property or, alternately, does not
b=gin development of said Property as a park within five (5) years
`rim the Effer. tive Date, then all interest in Lots of said Property
o~; yet conveyed to *.he City shat' ;~evest in Lewis, and Lewis shad be
ne r;ni tted to purchase the previously-conveyed Lots from ?he City at
the Purchase Price paid by C; ty pursuant to this Agreement. [n the
event of such termination the actions and obligations of City herein
co n!.a fined, which relate to the exercise of governmental and
proprietary powers with r?sped to the Pta nnrd Comnun+ty shall
r~evertherr~. survive and contiru r~ to bind the City
_.. City shat; have the option to prepay a Lot's principal payment, with
ante rest accrued to date of payment, so lonq as the Lot being prepaid
;s contiguous to land already conveyed to ~„ity and shall thereby be
zntitled to conveyance of legal title to that Lot.
~? fLe City shall have Che right to terminate the acquisition of the
Property at any time; provided, however, that any such termination by
the City shall not affect the covenants, collateral agreements, and
exercise of governmental and proprietary powers which the City has
entered into or effected pursuant to this Agreement.
'i. In the event. the City elects to terminate, or as a result of its
default involuntarily terminates this Agreement, Lewis may apply at
any time thereafter to begin development of the Property not yet
conveyed to the City pursuant to the land uses shown in Figure VI-1 of
the Community Plan and the City agrees to process such application in
Central Park Land Acquisition Agreement Page 13
good faith Consistent with the Community Plan and General Plan of the
City.
2a. The effectivity of this Agreement is subject to and contingent upon
approval by the City of the Park Implementation Plan for Terra Vista,
attached hereto as Exhibit and incorporated herein by this
reference, in a form mutually acceptable to the City and to Lewis,
and at or before the second reading of the Ordinance adopting this
Agreement, failing which the Agreement or the offer to enter into the
Agreement, as applicable, shall terminate, and the parties shall
cooperate to restore one another to the conditions existing prior to
exe~ut+on of this Agreement.
26 is agreed that the full extent of Lewis' park dedication
.eyuirement for the entire Planned Community pursuant to the General
flan, the Community Plan, City Municipal Code _, or any
successor, supplemental, or amended laws, regulations, or policies
^hall be forty two and six-tenths (42.6) ao~es ~~.` pub.ir park area
!which shall consist of all local parks including those intended ro he
used as retention basins, trails, and greenways), plus the improvement
fePS as specified in the above Municipal Code Section, less the cost
~f improvement of trails, nodes, and greenbelts as more fully
described in the Park Implementation Plan, plus an additional thirteen
rnd two-tenths (13.2) acres of private open space to be included in
various subdivision developments, the location of which shall be
~lar gna ted at the discretion of Lewis; provided, however, such
designation shall be limited to the type of private open space
identified in Exhibit _, attached hereto and made a part hereof,
which type of private open space meets the intent of park and open
space requfrements pursuant to the Community Plan. The applicable
subdivision design must in all other respects be in conformance with
City rules, regulations, and policy, if the Terra Vista population
should ultimately prove to be lower than anticipated, Lewis agrees
that it will not ask fora reduction of the 42.6 acres of public park
requirement mentioned in this paragraph. Should the Terra Vista
population ultimately be higher than anticipated (e,g., as a result of
Cen trai Park Land Acquisition Agreement Page 14
density bonuses granted for affordable housing projects or other
increases in the planned population), the City agrees that it wf it not
impose any additional public parkland dedication requirements beyond
the amount here agreed upon, Private open space requirements in
either event shall be increased or decreased in proportion to said
variation in population. In the event that certain density bonuses
are granted as a result of Lhe Developer's Agreement to build
affordable residential housing, any private open space included in
such residential developments shall be deemed part of the private open
space requirement pursuant to this Agreement and shall not constitute
ar. incentive provided by the City for affordable housing. The matters
;on twined in this serif on of the Agreement repro cent a present
'xarcise of the City's governmental powers with regard to the
requirement for private and public parklands. the parties agree that
it is in the best public interest as well as in the best interest of
tows; ro fix the requirement for the Terra Vista Planned Comm ni Ly at
this time in order to resolve ambiguities in the Community Plan, to
zn<.~re that the planing obj nc ti ves with respect [o parks will be met
without regard to whether or not the existing City Code defining park
and open space exactions may be held to be invalid or unenforceable
and [o thereby jeopardize the intent of both parties hereto with
respect to provision of park and open space for the Planned Community.
6 a~ an element of consideration for the City entering into this
;g reement, Lewis agrees that so long as the City is not in breach or
default of the provisions of this Agreement not to contest the City's
existing park and open space exaction ordinance (Municipal Code
___), with respect to its application to the Terra Vista project.
27. All notices and demands which may or are to be required or permitted
to 6e given by either party to the other hereunder shall 6e in
~ari ting. All notices and demands may be personally served or shall De
sen~~ by United States mail, postage prepaid, addressed to the address
herein designated or to such other place as a party may from time to
time designate in a notice given in accordance with this paragraph.
Central Park Land Acquisition Agreement Page 15
28. The covenants, conditions, warranties, and representations herein
contained shall survive the close of any escrow, issuance of any deed,
or similar act contemplated by this Agreement and shall not be merged
therein. Each such provision shall apply to and hind the heirs,
successors, executors, administrators, and assigns of all the parties
hereto according to the terms of this paragraph. Lewis shall have the
right to sell, assign, or transfer its rights, duties, and obligations
pursuant to this Agreement to any person, firm, or corporation at any
time during the tens hereof subject to the prior written consent of
the City, which consent will not be unreasonably withheld; provided,
however, that the above restrictions on transfer shall not apply to
i•a ~~, Hers between ur among any busire os entities controlled, or with
,nc:•P Than fifty percent (50`:) interest awned, by any Lewis business
entity or any one or more of the Lewis family members. Any such sale,
assignment, or transfer whereby the transferee shall have been
approved by the City pursuant to this paragraph and expressly assumes
the d~,ti es of Lewis hereunder and shall relieve Lewis from the duties
so assumed
19. ;n the event of any action or proceeding Drought by any party against
any other under this Agreement, the prevailing party shall be entitled
to recover all reasonable costs and expenses including the fees of its
attorneys in such action or proceeding in such amount as the court may
adjudge reasonable as attorneys' fees, whether or not the proceeding
~:nntirues to judgment.
lil. Any provision of this Agreement which shall prove to be invalid, void,
or illegal shall in no way affect, impair, or invalidate any other
provision hereof and such other provisions shall remain in full force
and effect.
31. the parties hereto are acting as independent entities and this
Agreement shall not constitute a partnership, agency, or other
business relationship between or among them.
Central Park Land Acquisition Agreement Page 16
32. In the event of alleged default or breach of any terms or conditions
of this Agreement, the party alleging such default or breach shall
give the other party not less than thirty (30) days' notice, in
writing (the "first notice"), specifying the nature of the alleged
defau l+ and the manner in which such default may be satisfactorily
ru red. Ouring any such thirty-day (30-day) period, the party charged
may r. onmence and thereafter diligently proceed to cure such default
and in such event, the party charged shall no longer be considered in
default. In the event such breach or default is not cured, the
non-defau iting party may enforce this Agreement by bringing an action
in law or equity, and the parties agree that specific performance
sha i be t%e appropriate remedy Co be sought.
.: ~. this ogre ement, or a memorandum thereof, in a form acceptable to the
parties hereto, shall be recorded in the Official Rerords of the
County of San Bernardino.
'^ ?r. Che ev ant that any state or federal law or regula r'nn enacted or
edopt^d after the date of this Pgreement shall preveni or preclude
compliance with any of the provisions hereof, such provisions shall be
modified or suspended only to the extent and for the time necessary to
achieve compliance with said interfering or intervening law,
regulation, or other governmental action, and the remaining provisions
of this Rgreement shall be in full forre and effect; provided,
however, the contractual doctrines of impossibility and commercial
frustration shall apply. Upon repeal of said law, regulation, or
other governmental action or occurrence of other circumstances
removing the effect thereof upon this Agreement, the provisions
thereto shall be restored to their full original effect.
;h. Each party hereby represents to the other that no real estate
brokerage comniss;ons or finder's fees are payable by either party
with respect to the transactions contemplated herein,
IN MITNFSS WHEREOF, the parties hereto have executed this Agreement to be
effective on the date herein provided.
•_
• ~~entral Park Land Acquisition Agreement
"Lewis"
LEWIS CONSTRUCTION CO., INC
a California corporation
By:
Its
Page 17
LEWIS DEVELOPMENT CO.,
a general partnership
By: _
ut orize gent
"City"
CITY OF RANCHO CUCAMONGA,
a Municipal Corporation
By: _
uA prize
ATTEST:
JPw:Jrh/917m
J30184
CORBETT, STEELMAN d DAVIDSON
N PRO FES SIO N qL LAW CORPO RAiiON
i9i9+ mnC'u iCU200 Ou LEVnP~
IRVINE. LALIFO RNIA 93]15
T ELE Pr.onE I)i al BSi~i005
March 6, 1994
DELIVER BY MESSENGER
Mayor, City of Rancho Cucamonga
City Council, City of Rancho Cucamonga
City Engineer, City of Rancho Cucamonga
9320 Baseline, Suite C
P.O. Box 807
Rancho Cucamonga, CA 91730
Re: Opposition of Adjoining Landowner to Final
Approval of Tract 12320-1 Map, Item I, March 7,
1984, City Council Meeting
Gentlemen/Ladies:
We represent Pacer Homes, Inc., managing partner for
the owner of tract 11614 (the "Property") (revised tract no.
12532) described as 15 acres between Archibald and Ramona
Avenue adjoining tract 12320-1. Please consider this letter
the formal opposition of the owner of the Property to approval
of the final map for tract 12320-1 pending resolution of
certain issues involving the drainage of tract 12320-1 unto and
across the Property. In addition, we hereby request that the
City Council hearing on this matter, presently scheduled on the
consent calendar for March 7, 1984, be removed from the consent
calendar and set down for public hearing.
The following facts form the basis of our opposition
to approval of the final map for tract 12320-1. In early 1981,
at the insistence of the City of Rancho Cucamonga, the
predecessors in interest of the present owners of three
adjoining parcels of property, the Property, tract 10491 and
tract 12320-1 (originally 11608) entered into an agreement
providing for mutual cooperation in the development and
construction of storm drains across the parcels and for the
sharing of the cost of such storm drains. The agreement was
reached during a joint meeting between the landowners and the
City of Rancho Cucamonga on January 28, 1981. The agreement
provides in relevant part that:
1) The Property agrees to accept the surface and
storm water run-off from the other two tracts;
R
~ CORaETT, STEELMAN G DAVIDSON
4 PR O~ESS~ON qI :.qW CORPOP4TiON
Mayor, City of Rancho Cucamonga, etc.
March 6, 1984
Page Number 2
2) All three tracts agree to share the development,
construction and maintenance costs of any and all
storm drains required by the City and constructed
on the properties; and
3) Because the Property had not yet received site
plan approval by the City at the time of the
agreement, it was contemplated that any final
positioning of the above-described storm drains
would wait approval of the site plan for the
Property.
We have reason to believe that on this, the eve of
approval of its final tract map, the owner of tract 12320-1 has
determined not to perform its obligations under the agreement,
and we respectfully submit that the City of Rancho Cucamonga
has an obligation to insure that performance.
The agreement entered into by and between the
landowners, at the insistence of the City of Rancho Cucamonga,
has facilitated the orderly and expeditious development of the
involved tracts, and as such the City, as well as the
landowners, have benefited by the agreement. Further, the
owner of the Property would not have entered into the agreement
and cooperated so fully in allowing the other tract owners to
construct interim drainage facilities had it believed that they
would not ba required to perform their obligations under the
agreement. Therefore, we respectfully submit that the City
should condition the approval of the final map for tract
12320-1 upon the performance of the agreement by the owners of
tract 12320-1.
Approval of the tentative map for the Property, now
tract 12532, is presently scheduled to come before the City
Planning Commission on March 28, 1983. once approval of the
map for the Property becomes final, which final. approval the
owner will pursue with all due speed, the owner of the Property
is willing to take over responsibility for bonding and
constructing the necessary storm drains required by the City.
Ontil then however, it is critical that the owner of tract
12320-1 does not design and install an interim drainage system
on the Property which may interfere with the site plan for the
Property and that the City insure that the owner of tract
12320-1 performs its obligation to share the expenses of the
development and construction of the final drainage system.
;~ CO RBETi, STEELMAN G DAVIDSON
A PROFESSIONAL LAW CO RPO RPTION
Mayor, City of Rancho Cucamonga, etc.
March 6, 1984
Page Number 3
Therefore, we respectfully request that the City
withhold approval of the final map for tract 12320-1 until:
1) The owners of tract 12320-1 perform their
obligations under the agreement to reimburse the
owners of the Property for the costs of any
required storm drain system, or provide adequate
security for such performance; and
2) The owners of tract 12320-1 agree not to
construct any interim drainage system for a
period of six (6) months by which time a
permanent system can be designed and installed on
the Property. If for whatever reason the
permanent system is not installed, the owner of
tract 12320-1 would be entitled to go ahead and
construct an interim drainage system, the cost of
which would be credited against its share of the
cost of the permanent system for which the owner
of the Property would be entitled to reimburse-
ment under the agreement.
We appreciate the time and consideration we know will
be given our objections and we look forward to the opportunity
to answer any questions you may have at the public hearing on
this matter.
Very truly yours,
CORBETT, STEELMAN S DAVIDSON
By:
Peter Joh: Marshall
PJM:cam
cc: Mr. Don Boucher
CORBETT, STEELMAN & DAVIDSON
q PROFES SIONPL LAW CO RPORGTION
19 )B2 RqC PRTNUR BOULEVa a6
SVITC E!O
IRVINE. CALIFORNIA 03>IS
T 6CPN OnE of+I Bsl.lo os
March 6, 1984
DELIVER BY MESSENGER
Mayor, City of Rancho Cucamonga
City Council, City of Rancho Cucamonga
City Engineer, City of Rancho Cucamonga
9320 Easeline, Suite C
P.O. Boz 807
Rancho Cucamonga, CA 91730
Re: Opposition of Adjoining Landowner to Final
Approval of Tract 12320-1 Map, Item I, March 7,
1984, City Council Meeting
Gentlemen/Ladies:
We represent Pacer Homes, Inc., managing partner for
the owner of tract 11614 (the "Property") (revised tract no.
12532) described as 15 acres between Archibald and Ramona
Avenue adjoining tract 12320-1. Please consider this letter
the formal opposition of the owner of the Property to approval
of the final map for tract 12320-1 pending resolution of
certain issues involving the drainage of tract 12320-1 unto and
across the Property. In addition, we hereby request that the
City Council hearing on this matter, presently scheduled on the
consent calendar for March 7, 1984, be removed from the consent
calendar and set down for public hearing.
The following facts form the basis of our opposition
to approval of the final map for tract 12320-1. Zn early 1981,
at the insistence of the City of Rancho Cucamonga, the
predecessors in interest of the present owners of three
adjoining parcels of property, the Property, tract 10491 and
tract 12320-1 (originally 11608) entered into an agreement
providing for mutual cooperation in the development and
construction of storm drains across the parcels and for the
sharing of the cost of such storm drains. The agreement was
reached during a joint meeting between the landowners and the
City of Ran r_ho Cucamonga on January 28, 1981. The agreement
provides in relevant part that:
1) The Property agrees to accept the surface and
storm water run-off from the other two tracts;
CORBETT, STEELMAN G DAVIDSON
4 dIi~FESS~O N4L LAW <OFPO RPIiON
Mayor, City of Rancho Cucamonga, etc.
March 6, 1984
Page Number 2
2) All three tracts agree to share the development,
construction and maintenance costs of any and all
storm drains required by the City and constructed
on the properties; and
3) Because the Property had not yet received site
plan approval by the City at the time of the
agreement, it was contemplated that any final
positioning of the above-described storm drains
wou ],d wait approval of the site plan for the
Property.
We have reason to believe that on this, the eve of
approval of its final tract map, the owner of tract 12320-1 has
determined not to perform its obligations under the agreement,
and we respectfully submit that the City of Rancho Cucamonga
has an obligation to insure that performance.
The agreement entered into by and between the
landowners, at the insistence of the City of Rancho Cucamonga,
has facilitated the orderly and expeditious development of the
involved tracts, and as such the City, as well as the
landowners, have benefited by the agreement. Further, the
owner of the Property would not have entered into the agreement
and cooperated so fully in allowing the other tract owners to
construct interim drainage facilities had it believed that they
would not be required to perform their obligations under the
agreement. Therefore, we respectfully submit that the City
should condition the approval of the final map for tract
12320-1 upon the performance of the agreement by the owners of
tract 12320-1.
Approval of the tentative map for the Property, now
tract 12532, is presently scheduled to come before the City
Planning Commission on March 28, 1983. Once approval of the
map for the Property becomes final, which final approval the
owner will pursue with all due speed, the owner of the Property
is willing to take over responsibility for bonding and
constructing the necessary storm drains required by the City.
Until then however, it is criti ral that the owneY of tract
12320-1 does not design and install an interim drainage system
on the Property which may interfere with the site plan for the
Property and that the City insure that the owner of tract
12320-1 performs ita obligation to share the expenses of the
development and construction of the final drainage system.
CORBE`TT, STEELMAN G DAVIDSON
, A PFpfE5510Ng1 LMW CORPO R4TION
Mayor, City of Rancho Cucamonga, etc.
March 6, 1984
Page Number 3
Therefore, we respectfully request that the City
withhold approval of the final map for tract 12320-1 until:
1) The owners of tract 12320-1 perform their
obligations under the agreement to reimburse the
owners of the Property for the costs of any
required storm drain system, or provide adequate
security for such performance; and
2) The owners of tract 12320-1 agree not to
construct any interim drainage system for a
period of six (6) months by which time a
permanent system can be designed and installed on
the Property. If for whatever reason the
permanent system is not installed, the owner of
tract 12320-1 would be entitled to go ahead and
construct an interim drainage system, the cost of
which would be credited against its share of the
cost of the permanent system for which the owner
of the Property would be entitled to reimburse-
ment under the ayreement.
We appreciate the time and consideration we know will
be given our objections and we look forward to the opportunity
to answer any questions you may have at the public hearing on
this matter.
Very truly yours,
CORBETT, STEELMAN fi DAV IDSON
By:
Peter Joh Marshall
PJM:cam
cc: Mr. Don Boucher
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Wtl P:RIiAS, GLIiNN 11. IIRNUt:ICYMI, •nnl I`A'1'ItICIA PRTIiIiS O:J,
(h,rca:in "Grantors") are the uwnnrs in feu uC that certain
real propurty in the City of Itanchu Cucamonga, County
of San Uerna rdino, Stara: of (:ulifurnia, loyally described
as:
Southeask 9uarter of Int 9, I;luck U, of
CUCAMONGA HUMESTEAU ASSUCIA'1'lurl, iu the
County of San Bernardino, SWG: of
Cali.lornia, as pa:r plat recorded ut Uuuk
6 of t4aps, Page 46, records of said
county, excepting therefrom the south
3] feet to be usod for public: road
purposes,
the rein the "su rvient Cunomunt :uu7 •u:nc r.tlly drsc ci 6l~d
aaL 1~6 It.unuua Avenue, Alta Lumd, Cal i[on11a1: •uW,
WllliltKAS, UtNN1S J. CAItUOZA and SUSAN .1. ('ARnI?i:A,
husb•md and wife, JRRItY J. IANT[NG a.td CUI:NL LIA I:1N'I'1 NG,
,~ husband ona! wile, .md MUNUY IiNTBItPItI SRS, LNG., a California
;,r Corporation, (herein "Grantee"), are Chu uwnc•rs iu Ica
of thal cur4tia real propurty in tha Counly uP S„n
j r Dona rdino, $C.I Ce of California, legally duscrihud .ts:
r
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r ~ 1'he West one-half of Ipt 9, Gluck 8,~
~ i• a C'ucamouya llamas lead Association 9'rnct, - /~
~. ~ in the County of San Ilernurdiuu, ;;taro i•A vLti~a.V
~ of Cilifurnia, as per map recorded in 11 ' '
•r. ~' Uook 4 of Maps, Page 46, in the ntiice
of the county Recorder of said Cowity,
excepting there[rum the west 7~i foot,
(herein the "dominant tenement"); and
WIIF.I<t;LU, Chu dumi u.urt tenement liar, wmaurly ur
the servient tenement, which in turn iu contiauuus with
an existing sewer lino runniny beneath Ramonu~AVenuu
to the wst of rho servient tenement and,
WIIBItL•'AS, the municipal and other govurnmuttal
authorities having jurisdiction over both tenamonts rc.lnire
the dominout tenement to have access to such an ax ist iuq
5uwur line runniny beneath Ramona Avenue and,
1•IIIN.It6A.5, the pasties hereto suck to make pro-
visions fur future additions and modifications of the
sewer systwn aurvicing the dominant and smrviunC tcncnu•nl::,
IJt7W 'I'IIP;ItP:FURR, it i:; h.•ruby .ulcuu<i .IS lulluw:::
1. Thu gran U/rs Iwruby grant ro tbi: yrln tau, its
huirll, assiqus dad suaccasnr; in intenat
an easement uvur the north 2U teat of tlu; south fA
Peet of the surViunt Lwlenwnt. Thu uasumenl hurauu
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14 y ~, ^ , ,
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~~ i ~livou ::h.rll tx, C.)r the pw pure ul coma rutting a suwur
' line from the dumiu.u+t funulM+ut to thc• uxislin~ sa:•wuc lino
Lenc,LLh l4amuaa Avenue, .u+d this gr,ulL shell inc ludo
the right to inspect ,uul n:a in4ain the Iiuu .ts nary bu
royuirud.
... All ut the wsfs and uxpuusus of eons Ctucttny,
inspuct:inq end ni,rintainiuy tho sewer lino
construe Wd pursuant to Lho easumenCgranted in Pacayraph
1, of any rature whalsowur, ::hall Lu Lorne jointly and
suvmal ly, by ua au tee, il:: heiru, assigns, ,uul
successors in iufu rest, wlw oath agree to save and hu ld
harmless the Gr.w cur s, nml oath of them, from loss or
liability arising out ul'the construction, inspection,
or maintunan•:u of the suwur line porm.ittcd by this
casGnent. 'I'hc indemnity herein givml shall specifically
include loan ur IioLi l,iCy lean mechanics' or materf,ILnm+•
liens. vor the per(,usus ut Che indemnity hcruin given,
Grantee uxpnasly waives ,my rights it may have under
Suction 1B4A ut Lhe C:a lifurn i.J Labor Cudc.
3. In Lho event Lhnt a sewer line is ever con-
structed which ::hall run generally parallel to
the :.ne presently Cx-istiny under Ramona Avenue which shall -
h:: t~, the we:~L uY h.:nunur lmunuu .md ~:e:a Uf the a,:.stcrly
h•)uud.+a'y of the dvwinant tenement and thus be in closer
prnxrwity Lo the <lowinant Cununcnt and which shalt, in the
bpintun r f the muu ici p,ll author.itics, Ixt suf Eicient to
.+ccomudate tha dominant. tunumont, the 9zantees sha Ll, ahaudun
as a met wr ul public ruuurd the easement hurcin gr:mted
Lrom Lhu ucw suwur fie-iu (wint to the Kmnuua nvattre
sewer lino, all wi ChouL cost to Cran tees.
4. Granlurs shall have the. right. Lo connect their
pu rsonal ru::idunce to the suwur line con::cr. ur;cud
pursu,u+t to Iha: a:asunn:nt granted hcruin in Percy ry+h 1,
.rl Lhulr own cos C, wiLhuuL paying any tee, or without re-
imLur.:iuy .ury ftx: or any portion of it, Cu g,,m wua,
ircunpectivu of the n.rturr: of the fee and irnspuctrvu
of Lhu nyunc}• or person imposing, the foe, all without
rust Lu GranLw, Lhuir hairs or assigns.
5. Gnmturs 4eruby grant to Grantee, its heirs,
assigns and successors in interest, ,w easement
over the aurvi ant. tcnunu:nt Eur drain.nlu of curl ace waters
t unn Inn dam ur.mt cenonu:ut. This easement shell
iucludu Cho right Co construct any artificial watercourse
as may bu ccyuirud by the City of Ranuho Cucanwnya oc
any guvernma:ntal agency having jurisdiceion thereof.
6. Lath oC the covenants made by the Grantees and
contained in Paragraphs 2, 3, A and 5 of this
instnrmcnt shall be binding on the heirs, aligns and
:nlccoasurs iu interest of the Gr tee, and each of chum.
nnTlsn:
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I'A'1'ItICIA [g:'1'IiIt.:UF7, By !:Ll: JN 'AT/RRy
II. III•:NUL•'ItSON, Attorney in Pact
(Notary Jurais un Page '1'hr~c)
Y
y~•
Pane Two
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s•rn'rE tu•• c .IPOlepl.In ) ..
COUNTY q~ ti.+'.t+.~•~ )s'•.
e~u~5d39 -Jaf15~ --~,
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On as u. ~d 1779, 6u Eore me, the
undersigned, a Nutery Pull tc in and fur sd id County and
State, personally :q,pearod GId:NN 11. III•:NUENSON, known
to me to be the pt:rsen whose name is subscribed to the
within instrwna:nt .uul acknowledged that he exucutud
the same.
::2: d1'f: UI' tL~:.l :'t dr;.l e.
l'UUIJ'I'Y UP M,},i,~~ji~t,.daM u.a• ~sy•
(Seal)
OFFICIAL SEAL
clnovs wAtTElf
~ R~ Ig71W7 YUmlt •WFONIM
'(`~.~ 51111 Mm11111 0 111 0 GIIRIIt
irt' _Ia~CCi [,~GTt. ,;1J_ , 1!179, before mo, lho
und~rsiquud, d Nut;rr/~NUb llc iii umi ter said Cuwrty and
State, p.:rsuna Lly appon red Pn'rIJICIn PL PERSON, by
GLENN II. II~NUL•'1:5 (1V, n1'TOIiNF:Y IN FACT, known to nw to
Le the person whose name is subscritx:d to the within
instrumanG and acknuwledyud that hu axucu[ul the
::;mw.
~~11~ Lt.~r'~.t.
~.'.
°'~~~+ ~ Page Three
( •'=.11 )
UI•h ICIl.1. SIiAL
m~ G(ADYS WALTIR
1 •,~/}• fM1M7 oVrILK • cnur artnm
U•^Y~ SiV/ N NJMIOIRO mNRR
N/ NuwR eglrn IIOY JV, 11U
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, .h tV wLLdin Lvuuuu
111
c„ 717uti
~ I, YATHICIA k. Yl;'1'):h_:GN, do harewi th Qive my brother, CLINN H.
!IL•ND1:11SUN, Power of Attorney to act on my behalf' in the matter
of oasement ri+;hta a~ property locatnd at 6669 Hamona Avenue,
Alta Loma, Culifornlu, and only Sn the above-mentionod matter.
PATH IC1A ft. PSTSHSGN
UI;F'UH1: h1L', en thin day, the '+th day of Uctobor, 1979. did ;,crau,lly
appear YATHICIA H. :i:TtHSGN and ei/;fed th ls~d9pumant.
1.nUtin to Ll• Lli La C:u• nCl'G~~1` ~ ~~
F. h,:a~ Itac:` 1[; rub::Cri Lc:, L:. trc;; t~ [:_!.
u,Clu r. v,s Crerout „~~, ., •:i. not- 1•l:i~PiA 'L. APPtiL1flr~iC
,~_ ...,..t"..;,, i7gtary Y13olic Sn and Fo
:,:.c.~~uwn Uu: ::.n ~,~. Hurriu County, Texas
hiy Commission ::::pireo
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1011
;,~ o~c 1; ~;~ .a: is
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3.00 alutil ,. ~:a.m.
NGIJ TIIIiItCGU1+6, '~?t is hereby a`Inu• ns fol7nwrr.
1. Thu .I uu,tors h cby c nt [u th.e .lrantna, its
hutrn, as::igna .i -;ucuea Wore w tn[oru:a.
.m easument uvur the n 1 cut crf lhe' south 14
foot of thu s`.rviu tenunwnt. uascuwnt herotn