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Home My WebLink About1986/08/06 - Agenda Packet�cAAN� +. MY OF a RAND -X) cvrAarn o ' a CITY C7UI IL AGENEA 1977 Liles Park Commonalty Center 9161 Base Line Road Rancho Cucamonga, California A"U., 6. 1986 - 7,30 ".e. All items submitted for the City :omseil Agaada rat be In writing. The deadline for smhmittiag these items is 5100 P.m. on the Wednesday Prior to the mating. The City Cleck'a Nfice receives all such items. 1. Pledge of Allegiance to Flag. 2. Roll Call: Mikels _, Buquat Ring Dahl _ —, std Wright _. 1. Toursday, August 7. 1906 — 7r00 p.m. — HISTORIC PRESERVATION COMMI88INB — Lions Park Community Center, 9161 Base Line Road. 2, Weduesday, August 13, 1986 — 1100 p.m. — PLANNING COMMISSION — Lions Perk Community Cautar. 9161 Base Line goad. 3. Thursday, August 21, 1986 — 700 p.e. — PARK DEVELOPMENT COIMI8SIOC — Lions Park Coeasnaity Center, 9161 Base Live dead. 6. Presentation of Proclamation welcoming 32 visitors from Spain in cooperation vltb the American Institute for Foreign Study "gomestay in America" prngr„n. 9 City Council Agenda -2- August 6, 1986 C. COW4W -G MWU The following Coscest Calendar items are expected to be routine and man- coatreversial. They will be acted upon by the Council at use time witbo■t discussion. 1. Approval of Warranta, Register Wo's, 7/16/86, 7/23/86 1 sad 7/30/06, and Payroll ending 7/10/86 for the total amount of $1,995,127.41. 2. Approval to --active and file current Investuent 13 schedule an of July 29. 1986. 3. Alcoholic Beverage Application go. AB 86 -09 for 25 Off -Sale Coastal. Thomas S. t Rather M. Sanchez, serry's Reach Market, 9477 Foothill Boulevard. 4. Alcoholic Beverage Application go. AB 86 -10 far 27 Off -Bale General, Lucky StortA, Inc., Lucky's, 6351 Raven Avenuo. 5. Receive Claim (CL 86 -36) against the City by victor B. 29 b Wilma Dorton for personal injuries at the intersection of Highload and 3tivanda Avenues. 6. Deceive Claim (LS 86 -37) against the City by Heath 40 Edward Thompson for personal injuries on Big Tree Road. 7. Approval to seek bids for the rehabilitation of various 47 City Streets located Southeast of Archibald Avenue and Foothill Boulevard, more particularly described a@N Malachite, Loveita, glusnan, Jadaito, Devon Avenue*, Hempaaire Street and Alley. RESOLUTION 50. 86 -218 48 A RESOLUTION OF THE CITY COUNCIL OP .8E CITY OF RASCHO CUCAMDPCA, CA11FORDIA, APPROVING P.MB AND SPECIFICATIONS PJH THE "REHABILITATION OF VARIOUS CITY STRSM A'P SOUTHWEST OF ARCHIZALD AMUR 400 FOOTHILL BOULZ7ARD ". IN SAID CITY A-D AUTHORIZING AND DIRECTING TUN CITY C -XMK 10 ADVERTISE TO RECRIVR BIDS 8. Approval to award to the lot bidder, Vance Corporation, 52 the Improvements of Highland Avenue from 200 feat vast of Alta Loan Chaaacl to 150 feat vest of Cambridge Avenue, for the low bid of 8172,685.60 to be :uuded from Cu I" Punde, r City Council Agenda -3- August 6, 1986 9. Approval to accept the Turner Avenue Improvements 54 completed by Vance Corporation acd authorize the City Engineer to file a rF Mice of Compl ration^ for said project. IESCLUTICB NO. 86 -219 56 A RESOLUTION OF THE CITT COUNCIL Of THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMP1091M NTS FO1 TURNER AVENUE AMD ADTHORIEINC THL FILING OF A NOTICE OF COMPLETION FOR THE NORM 10. Approval of Improvement Agreement and Improvement 57 Security for DR 85-40 located at 10788 Civic Center Drive, submitted by James Banks. RESOLUTION 10. 86 -220 63 A RESOLUTION OP THE CITY COUNCIL OF TEN CITY Of RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGRERNENT AND IMPROPFNLNT SECURITY rOR DZVQ,OPXUT REVIEW 85 -40 11. Approval to execute Profauiocal Service Agreement with 64 NBS /Lorry for the project management, surveying and inspection of the improveneut of the Atcbibald Avenue Sidewalks in the amount of 918,163 to be funded from PH 325 Article 3 and Beautification Funds. 12. Approval to accept Base Line Road Improvements between 77 Teak Way and Haven Avenue, Authorise Filing of Notice of Completion, and Approve Final Ecpsoditure. RESOLUTION 10. 86 -221 79 A RESOLUTION OF TEE CITT COUNCIL. OF TER CITT OF RANCHO CUCAMONGA, CALIWORNIA, ACCEPTING TEE PUBLIC IMPROVEMENTS FOR BASS LINE ROAD IMPROVEMENTS BETWEEN TEAR NAT AND PAVER AVENUE AND LUTHORIZL 9 THE FILING OF A NOTICE OF COMPLETION FOR THE Wom City Council Agenda -4- August 6, 1988 13. Approval of Fical Maps, Improvement Agreements, Improvement Securities and Agreements for Postponement of CCAR's for Tract Nos, 13057, 130559 13059 and 13060. Tract L3037: Faithful Performance Bond $460,000 Labor and Material Bard $230.000 Tract 130581 Faithful Performance Bond $750,000 Labor and Material good $375,000 Tract 130591 Faithful Performaace Hoed $506,000 Labor and Material Bond $253,000 Tract 19060: Faithful Performaocc load $480,000 Labor sad Material Bond $240,000 RE9MUTION 90. 86 -222 A RESOLUTION OF 189 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AGREEMENTS FOR POSTPONEMENT OF RECORDING CC&R'S IMPROVEMENT AGREEMENTS. IMPROVEMENT SECURITIES, AND FINAL MAPS Of TRACT NOS. 13057. 13058, 13059 AND 130SO R93OLOTICO r0. 86 -223 A RESOLUTION 07 YbB CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING AN AGREEMENT WITH THE WILLIAM LION COMPANY FOR POSTPONEMENT Or APPROVAL OF CCdR'S FOR TRACT NOS. 13057, 13058, 13059 AND 13060 14. Approval and execution of contract documents for Baseliao Sidewalk Improvements for the low bidder. Bob BrLttnu Inc., for the lov bid of $8837.32 to be funded from Beautification Funds. 15. Approval of the Reimbursement Agreaaset for the installation of o portion of the Master Plaooad Storm Drain in connection with Tract 12523 between Lightner Development and Contracting and the City of Rancho Cucamouga. b 80 138 139 140 207 'ity Council Agenda -5- August 6, 1986 RESOLUTION NO. 86 -224 212 A RESOLUTION OF THE CITY COUNCIL OF TOE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING A REIMOCISEMENT AGREEMENT FROM LIORTHER DEVELOPMENT AND CONTRACTING FOR TRACT N0. 12532 16. Approval of Pareal Nap 9916 located on the vest aide of 213 Dakota Avenue, north of Kingston Strest, submitted by Werner and Josephine Wald and Prank and Irene Sales Fick dad summarily vacating an cosecant for highway and road purposes across ?areal 1 of ?steel Kip 5765 OTentative Parcel Map 9916). RESOLUTION $0. 86 -225 215 A RESOLUTION OF THE CITY COUNCIL OF TER CITY OF RANCHO CUCA"GA, CALIFORNIA, APPROVING PARCEL MAP NUMORR 9916 (TENTATIVE PARCEL MAP 00. 9916). RRSOLUTION NO. 86 -226 216 A RZSMU710H OF THE CITY COUNCIL OF THE CITE Of RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASENZIT FOR HIGHWAY AAD ROAD PURPOSES ACROSS PARCEL I OF PARCEL MAP 5767 W.07ATIVE PAICEL MAP 9916). 17. Approval of Agreement for installation of public 218 improvement and dedication betvaan yells 8..ueseda and Victoria R. Quees6r sad the City of Rancho Cucamonga for street frontage improvaceato at 6858 Herman Avenue. RESOLUTION R0. 86 -227 224 A REr OLUTICO OF TUE CITY COUVCIL OF THE CITY OF RANCHO COCAMONCA, CALIFORNIA. ACCEPTING AN AGREEMENT FOR IMELILIATIOM or PUB = IMPROVEMENT AMD DEDICATION FROM FULIG AND VICTORIA QUeSADA AND AOTHORIZIHO THE MAYOR AMD CITY CLERK TO SIGN THE DAME 18. Approval for Harris- Repko, Tue. be eageHed to update 225 and computerise the City's General sad Standard Dpecicl Provisions for Construction Contract• it an amount sot to exceed $10,400 plus NOT contingency to oe paid from System# Funds. City Coune:.l Agenda -6- August 6, 1906 19. Approval of Iaprovaumt Extension Agreewat and 248 Improvement Security fat Tract 12830 located vest of Daryl and south of 19th Street, submitted by Citation Somas, a partnership. RESOLUTION 90. 86 -228 252 A RESOLUTION Of TSA CITY COUNCIL JB THE CITY CP RANCHO COCMAONGA, CALIFORNIA. AVPROVIIC IMPROVEMENT EITINSION AGREEMENT AMID IMPROVEMENT SECURITY 701 TRACY 12830 20. Approval of Improvement Agree sut and Isprovsmsat 253 SecurLLy for DR 85 -30 located on the vast aide of Arebibuld Avenue, south of Monte Vista Street, subaitted by Woodwind Associates, a California Limited Partnersbip. RESOLCTION NO. 86 -229 259 A RESOLUTION Of INS CITY COUNCIL O7 IRS CITY OF RIMCHO COCMAONGA. CALI70RRIA. APPROVING IMPRtVZM9NT ACRESIONT Ar IMPROVEMENT SECURITY FOR DIRECTOR REVIEW 05-10 21. Approval of Iaprovemant Agreement. Ioprovemeot 260 Security, cud Final Rep of Tract 12944 located in the Carya Planned Community, submitted by Marlborough D,welopmeot Corporation. RESOLUTION NO. H6 -230 272 A RESOLUTION OF 169 CITY COUNCI1 07 THE CITY OF RANCHO CUCAMf1NGA. CAL170RNIA, APIIOVItNG IMPROVEMENT AGNESMNNT, IMPROVEMIT SW Ull7r, AND FINAL NAP OF TRACT NO. 12944 22. Approval to summarily vacate a 40 -foot ossument (lots 1 273 and 2 of Tract No. 10045 -1) located at the northwest corner of Mayberry and Hidden Farm Road. RESOLUTION 90. 86 -231 277 ,' A RESOLUTION OF IRS CITY COUNCIL OF THE CITY OF RAHCOO CUCAMONGA. CALIFORNIA, SUMMARILY ORDERIOG IRS VACATION OF A 40 -FOOT SASdMSNT (LOTS 1 AND 2 07 TRACT NO. 10045 -1) Y City Council Agenda -7- August 6, 1986 23. Approval of Agreement for installation of Public 278 Improvement and Dedication between Fred and Joao Roving and the City of gaucho Cucamonga for street frontage i mprovemeata xt 6727 Because Avenue. RESOLUTION NO. 86 -232 283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MCANONGA, CALIFORNIA,. ACCIPTISG M AOREENEBT FOR INHTALIA.TICN OF PUBLIC IMPROVEMENT AND DEDICATION FROM PRO MD JAMS KON330 AND AUTHORIZING THE MATOR AND CITY CLERK f0 SIGN BANE 24. Approval to authorize the City Engineer or other 284 responsible official assigned by the City Ingiaaer to approve and exacut• Hight- of -Nsy Certifications. RESOLUTION 50. 86 .33 285 A RESOLUTION OF IRS CITY COUNCIL OF THE CITY OF RANCHO CUCMAONCA, CALIFORNIA, AUTHORIZING THE CITY ENOXMIM OR OTHER RISPONBIBLE OFFICIAL ASSIGDSU BY THE CITY ENGINEER TO APPROVE AND SEBCOIR Ric UT -GP -RAY CERTIFICATIONS 25. Approval of Summary Vacation of northeast corner of 286 Arrow and Etivanda along Southern California Edison Company Zaseaent. RESOLUTION N'. 86 -234 283 A RESOLUTION OP THE CITY COUNCIL OF TOR CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUNWILY )RDERIRC THE VACATION OF THE NORTHEAST CORNER )F ARROW AND IMANDA ALCNG SOOTHEWS GkLIFORHIA EDISON COMPMT EMINENT 26. Approval of Contract Change Order No. 1 for Contract 290 No. 85 -036 for additional engineering design services Provided bi L. A. Wainscett on the Eighth Btree• and Grove Avenue interoartion widening add imprwemcet. fdeount not to nosed $2,300 to be drawn from the System Development Fund. 27. Approval of Contract Change Order No. 1 for Contr m. 292 No. 85-043 for engineering and design services prov_dad by L. A. Walaacott on the Grove Avenue rebabilitati..u, widening, and 813081 modification for an alternate alignment evaluation. Amount not to exceed $3,100 to be drawn from the System Development Fund. w• City Council Agenda -8_ August 6, 1986 28. Approval of a Common Use Agreemeat between the Cam 295 Bernardino County Flood Control Dlotr.ct and the City Of RARCbo Cucamonga for the construction, operation, and msintenauce of a reinforced concrete hoR culvert for Highland Avenue across the Alta Lou Channel. RESOLUTION NO. 86 -235 301 A RESOLUTION Or THE CITY COUNCIL Or THE,CITT OF RMCRO COCMAONCA, CALIFORNIA, ACCEML7G A COMMON USE AGREEMENT FROM EM REXPARDIRO COUNTY F:.00D CONTROL DISTRICT MD AOTOOLIZIRC THE M4YO1 AND CITY (:LEAS TO SIGN SANE 29. Approval to amthoriae payment of 934,359.84 to 302 Cuc9WO9A County Water District to sun" Hermosa Park into the saver and water aenies system. 30. Approval to award to United Computer Systems. Inc., a 306 purchssa agreement for information management system services, equipment and program in the amount of 862,922.13. Additionally, authorisation to enter into a service agreemant with came for msintanemns and oupport of equipment and programs. To be funded from, as approved in correct program o: services budget, from Recreation Services Fund. 31. Approval of agreamaat harveen Maury Microwave 310 Corporation and the City of Rancho Cucarngs to remove temporary office medulas at expiration of approved C.ndltioosl Use Permit 86 -13. 32. Approval of a Professional Servicam Agreement for the 328 sales tar audit and iuformatlon services to Robert Hinderliter and Aseaciatvs. Funding source approved in 1986 -87 budget as a Cenral Fund item. RtSOLVIIQt 90. 85 -236 335 A RESOLUTION OF TRL CITY COUNCIL OF THE CITY OF RANCHO 001MONCA, CALIFORNIA, AUYRORIZINC CERTAIN CITY OFFICIALS AND A CITY COSTRACTOR ACCESS Tr BALES AND USE TAR RECORDS PURSUANT TO COVER5NENT CODE SECTION 7056 33. Approval of the issuance of tax allocation bonds by the 338 Rancho Cu•:auege Redevelopment Agency. City Council Agenda -9- August 6, 1986 RESOLUTION NO. 86 -237 339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Or RANCHO CUCAMONCA, CILIFORRIA. APPR077NG THE ISSUANCE BY TEE RAGGED CUCAMONGA ROZVELOPMENT AGENCY Or ITS RANCHO REDEVZLOPMSNT PROJECT TAX ALLOCATIOd loOD8, 1986 SERIES A 34. Approval to proceed with issuance of a formal request 340 for proposal for traffic study in conjunction with General Plan Amendment 66 -02A and Etinanda Specific Plan Amendment 86 -01. Cost to be bore by the appltcnet and /or Barmaklao. 35. at public bearing for August 20. 1986: 1086.87 Community Development Block Grant Program Performaice Report. Authorizing the Mayor to sign and submit :be 1986 -87 Crantes PoeOrmanee Report to the United Sta.ss (busing and Urban Development Departmact. 36. Set public hearing for August 30, 1986: Progr wing 86,000 of Community Development Block Grant Funds for 8amlor Shared Housing Program. The City is erpectad to raeeive additional CDBC funds of $69,000 of which $6,000 is to be programmed for Senior shared housing. 37. Bat public hearing for August 20, 1966, Reprogramming of 1964 -85 Community Development Block Grant Funds for Rortbtwn Park Site Acquisition r+ North Tooa Pntk Development. Reprogramming of 1984 -85 GONG funds of 8150,000 for North Tova park site acquisition to North Teem park development. 38. Set public hearing for august 20, 1986 - Beryl Park. West Extension Development. Review of site plan end consideration of B.I.R. 39. Bet public hearing for August 20, 1936 - MVIRGHMENJ'AL A2SSSSMENI MD DEVELOPMENT DISTRICT AMENDMENT 66 -02 - CITY Or goo CUCAMORCA. 40. Set public bearing for August 20, 1996 - DIVELOPMEST AGREEMENT - SCHLOSSER F(,jCC. 1. LONG DIO Az -g pROMIH - RELAT IN • TO ITiWIODA an. 0 m City Council Agenda -JO- August 6, 1986 2. CO!D1KLIMR4 POR j =,Qr (p ?MOf:[9H POg HDAnn OP J um" YOM THE MAar DO CUrAMM e.w, Motioned from July 16, 1986 meeting) 3. DISCCss7a OF pooPORlO1 ACL7D.A R04 IOINr MgETD)C cITB WATER DISTRICT. (Continued from July 16, 19M meeting B- 1DFLfITam FRIILYC eImC9 1. ?mVIRONNEl T1i. 1RBG UNI- AND DaVgIOPMENT !Dg rA R7 341 VIHG M A ILRR, - An agreement by and between the Ci^_y of Rancho Cunamouds, C/A Ltd., and the Tower Partuaruhip regarding the development of the Virginia Dare Vinery P10JOct, in Particular, shared parking. ORDINANCE 90. 295 (firat rcading) 365 Al ORDINANCE OF THE CITY COUNCIL OF T6E CITY OF RANCHO CDCAMONGA, CALIFORNIA, APPROV3I0 A DEVELOPMENT AGREEMENT EETNECI IRE CITY OF RANCHO CUCAMONGA AND C/A LTD., AND TIRE TONgk PARTNERSHIP. IN RELATION TO THE PROPERTY G19ERALLT LOCATED AT TRB NORTHWEST CORNED OP FOOTHILL BOULEVARD AND DAVIN AVENUE 2. APP AL OF PLANNING COMMISSION nM•e + ^A IIEPORIMO CONDITIONAL HHH PERMIT 9RTEe!aa OF neeerr:N WA 367 - A meeting hall in the Cruaral Industrial District (Subarea 3) located at 8751 Industrial Lane - APB 209-031 -74. 3. ORDER TD VAGTE THE vnv- VBRICLE ACCR4s nICDT6 AR DgDICATED 011 378 ELM— RXLLL.I V ON THR NARr H1= DP GTIYNDA A9ENgE. BOtlYH OF aRAE3 RESOLUTION NO. 86.238 704 A IMSOLUTION OF THE CITT COUNCIL OF THE CITY Of RAVCHO CUCAMONGA, COUNTY or SAN 5ERRA9DI00, STATE OF CALIPOMIIA, ORDfRIOp TO BE ACATED, NON- VERICLE ACCESS RIGUTH C8 THE EAST 31DE OF ETIVANDA AVENUE, SOUTH OF SHASTA DRIVE 0 L• t City Council Agenda -11- n Avguat 6, 1986 i F. ■ON NeaeTlvan ~631! 1. MODIPIGTIOW r0 1DpIW0[T COIOIISpIOS E[AWTLIIT 0 DIDAW .e 385 Av responsibility a rhieh conPOlidetes the duties and 87, 87- ibility 7- the AdTiaory COMAd Wov in Ordinances 87, 87 -A, end 87 -D ORDINANCE N0. 294 (second reading) 395 AN ORDINANCE Or THE CITY COUNCIL OP THE CITr OP WCDO CUCANCNOA. CALIFORNIA. CRrATING AN ADvlsoxr COMNIg82ON TO ACT IN AN ADPISO[T QPACIrr TO TEE'CITY COUNCIL AND PLANNING COMMISSION 2. APPL Op PLNIac COlOfSSPIDr DtC IDs pIs n1l�.DAlii 389 V7X E[T OIIjpCW SSG[ IPPr It_,� - Letter of Nlthdr+vel. (COntiuusd froi July 16, 1986 meeting) 3. AMPNDN�7 Op T[SOa.sCe [[DOIanIElrp TD DPt[aTe 391 �MdQi,iSG$ - Covdderation of sn Ordloacc auseedicg the liability insurance requirueots to be obtained by ambulance operators. ORDINANCE 90. 296 (first reading) 396 AN ORDISADCR OF 188 CITY COUNCIL OF THE CITY OF R1ACDO CUCANOIGA. CALIFORNIA, AMENDING TITLE 8. CHAPTER 8,18 OF TDN RARCHO CUCAMOSOA MUNICIPAL CODE PDhTAINING TO TER RICULATICN OF AMBULANCES &��lIL.WI4GII'u cntN� 1. P[WSBg*anOe OP CIg(c....� -• —.IqS Poe r �n r„ve P.IlIIIYi• 2. 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I A I 1 q � '• u i a i MNdY NNNr oYPYPd V d��quN Ir O nNNOOMyyONOW yV pdPCr�gPnOVONNd IS d N •• PNOPgOPOP6 •(l i•OrJ 0000♦.0r.�d j~ N UO WOOOOOOOOOOSONyOPPO000dOPYd 1 ;yap •X f a';'�t'�'�'; U4 Y l• CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 T0: Ci Council and City Ncnagex FRCN: J art, Administrative Services Director /Deputy City SUBJECT: ceive and Pile — City of Rmucho Cucamonga Iwestw,t Schedule Status Report a, of July 29, 1986. CITT Of RANCHO CU AMM -A TNVEHTwm ECB®CLE HTARUS REPORT PURCRASE FATORITT INTEREST 11ETTIU tm ATE nATE AAM RATE Imperial Savings National Back of Calif. Investment Savings B Loan Crocker National Beak Bank of Acerica California federal Svgs Great Western N 6 L Foothill Independent Bank Vineyard National Bank Atlas Savings d Loan 0-30 -66 06 -30 -87 06 -20 -85 06 -30 -86 02 -12 -86 07 -07 -86 05 -19 -86 07 -11 -86 12 -30 -85 07 -15 -86 01 -13 -86 07 -16 -86 05 -16 -86 07 -18-86 07 -28-86 08 -25 -85 07 -02 -86 12- 29-86 01 -31 -66 07 -30 -86 /3 100,000 100,000 100.000 250,000 100,000 100.000 800,000 349,157 100.000 100,000 0.07500 0.07700 0.08250 0.06150 0.07275 0.07900 0.06850 0.05750 0.07100 0.09375 �.i 1 Y! Y i� ;111 r' Investment Status Report Ugo 2 PORCIMS6 NATUMTr INTEREST FAIL 11AIROT IIIFESTNAI7 AIL IarE dy0AN urE __xAt,De !. Advance Savings 6 Loan , 05 -21 -86 08 -07 -86 100,000 0.0/625 / Inland Swings 6 Loan 02 -05-86 08 -11 -86 100,000 0.0000 Presidio Savings 6 Loan 02 -06 -86 08 -11 -86 100,000 0.08700 Plaza Savings 6 Loan 02 -06 -86 08 -11 -86 100,000 0.08500 Foothill Indeoeadent Dank 01 -13 -86 08 -16 -86 300,000 0.07125 Bank of America 01 -14 -86 06 -20 -86 100,000 0.07575 Coast 11svings 6 Loan 04 -23 -86 08 -21 -86 100,000 0.07000 CoutraL Savings 02 -05-85 08 -22 -86 100,000 0.07850 Columbus Savings 02 -05 -86 08 -22 -86 100,000 0.08750 Dal Am Saving* 02 -10 -66 08 -25 -66 100,000 0.08375 gaatingtoo Saving* 6 Loan 011-10 -86 08 -25 -86 100,000 0.08750 Doveey Savings 02 -25 -86 08 -25-86 600,000 0.07900 Glendale Federal 01 -27 -86 08 -25 -86 100,00.7 0.08200 Guardian Saving 02 -19-86 09 -05 -86 100,000 0.08350 First Security Savings Back 02 -19 -86 09 -05 -86 100,000 0.08500 New American Savings 06 -09-86 09 -08 -86 100,000 0.07000 Irvin• City Savings 6 Loan 06 -09 -86 09-08 -86 100,000 0.07000 Foothill Indopeodear. Pack 03 -20 -86 09 -18 -86 749,532 Treasur7 HIM Housc6old Earl. 02 -21 -86 09 -19-86 100,000 0.08650 Omni Bank 05 -16 -86 09 -19-86 100,Op0 0.06500 Suawl.st Bank 07 -22 -85 09 -19-86 300,000 0.06100 ' 7aliq Federal Savings 02 -24 -86 09 -22 -86 500,000 0.08000 � Sears Savings Dank i, 03 -22 -85 09 -26 -86 100,600 0.10700 Centcnnial Savings 6 Loan 1 02 -25 -86 10 -03 -66 100,000 0.08750 /T a- j � t �f 1• ` tJ'Iavastwot Stares Report Pe$a 3 �l PORCBAaR MATURITY INTSRCST fAIR NARRaT rsvtarrrNr >YSS ._)a►7'.L NIOG,\I _RATE_ var.oa t ' y I"ire National Bank 02 -25-86 10 -03 -06 100.000 0.08500 F@rawfrs raving, 02 -25-86 10 -06 -06 100,009 0.08873 7 t Western Financial Savings 02 -26 -86 10 -06 -86 100,000 0.ddt50 Bank of Beverly Rills 04 -16 -86 10 -14 -86 100,000 0.07500 ` Signal Savings 01 -10 -86 10 -16 -86 300.000 0.08750 f Pinanclal Savings 6 Loan 02 -19-86 10 -17 -86 100,000 0.08300 y Patio Spring@ Saving, Bank 04 -22 -86 10 -20 -86 100,000 0.07000 p Santa Paula Savings 6 Loan 04 -22 -86 10-20 -86 300,060 0.07250 ' Loo$ Beach Savings 6 Loan 04 46 10 -20 -86 100.000 0.07375 Western Eapire Savings 02 -25 86 10 -20 -Di 99.000 0.08525 is Cuabra Savings Bank 04 -21 -86 10 -20 -86 100.000 0.07500 Chino Valley Back 04 -22 -86 10 -20 -86 100.000 0.06530 Wovport Balboa Soiogs 03 -30 -86 10 -20 -86 100400 O.OB250 Bank of Whittier 03 -04 -% 10 -21 -86 100,000 0.08300 Pacific S pings Bank 10 -24 -85 10 -24 -86 91,224 0.0 %20 Pounder@ Savings 6 Loan 02 -27 -66 10 -21 -66 100,000 O.ORSOO Pacific Savings Bank 23 -06 -86 JO -31 -86 100.000 0.02400 = Century Thrift 03 -06 -86 11 -07 -86 100,002 0109000 Ban Clcaeute Savic$, 6 Loan 03 -07 -86 11 -07 -86 100.000 0.000OO Progressive Savi:1• 03 -07 -05 11 -10 -86 100,000 0.08250 Bank of Newport 03- 14.86 11 -24-86 100,000 0.00000 Gibraltar Savings 6 Loan 03 -17 -86 I1 -17 -86 500.000 0.07540 FOfiea First Federal 03 -11 -86 11 -19-86 100,000 0.08250 First Federal Savings Bank 03 -03 -66 11 -26 -86 100,000 0.01500 4J(.' s rt^ Savings 03 -11 -86 11 -26 -86 100.000 G.08000 t Imast"ut Status Report r page 4 IlVRSMOS PORCBASR MATURITY INSRRRSS FAIR MARRIi iHTR _ DATE AMOUNT --Uzi _ VALOR i Nastnuod Savings A Lorn 05 -28-86 12 -01 -86 100,000 0.07100 ":. Awrican Savings 11 -04 -85 12 -04 -86 100,000 0.09000 North Amaricau Savings 06 -09 -86 12 -05-86 100.000 0.07600 Dell Savings 6 Loan 06 -06 -86 12 -05 -36 100,000 0.08000 United MLarahL Dank 03 -19-86 12 -05 -86 100,000 0.07500 First Interitate Bank 06 -13 -86 12 -!0 -86 500.000 0.06200 ,try } Mission Viejo Nat'l Bank 05 -19 -86 12 -12 -86 100.000 0.07500 0 r Rscondido Savings 6 Loan 06 -16 -06 12 -14 -86 100,000 0.06000 Dank of America 07 -01 -86 12 -15 -86 970,682 0.06530 California Federal 03 -19 -86 12 -15 -96 400,000 0.07450 r RAwas Savings 6 Loan 03 -18 -CD 12 -15-86 100,000 0.08625 ` Fresno Dank of Commerce 06 -19-85 12 -16 -86 100.000 0.07625 Mitsui Manufacturers 06 -20 -85 12 -17 -86 100.000 0.06600 United Bank 06 -23 -06 12 -22 -86 100,000 0.06500 r Cos city Dank 07 -01 -86 12 -29-06 500,000 0.06850 Arrowhead Pacific Aavings 03 -11 -86 12-31 -86 100,000 0.08250 leak of Amrics 03 -19 -86 01 -02 -87 300,000 0.06875 •i Peak of Southern California 07 -17 -86 01 -13 -87 100.000 0.07n00 S' Vaccrity Federal Savings 02 -26-86 01 -26 -87 100,000 0.08500 Merit Savings Bank 03 -03 -86 01 -27 -87 100,000 0.06500 S' Royal Oak Savings 6 Loan 03 -03 -16 01 -27 -87 100.000 0.08375 , Upland National Dank 01 -27 -86 01 -27 -87 100,009 0.08500 i Rquitec 01 -27 -86 01 -27 -87 100.000 0.08800 17CapLtal Dank 01 -29-86 01 -29-87 100,000 0.09250 100,000 w� Av 7 L�� a zwuva@tneat Statue Report •Page 5 Nj7Tiwi7ii FURCUSS MATURITT naiz �L._ 02 -02 -87 02 -02 -87 02 -04 -87 02 -05 -87 02 -C6 -87 02 -13 -87 n2•i7 -87 02 -18 -87 02 -19 -d7 02 -20 -87 02 -25-87 02 -25-67 02 -25-81 02 -26 -87 03 -02 -87 03� r87 03 -03 -87 03 -04 -87 03 -04 -87 03 -04-87 03 -04-'T 03 -04-87 03 -05 -87 03 -05 -87 03 -06 -87 Country Savings Dank 01 -31 -86 go. Calif. Savings 6 Loan 01 -31 -86 gel -Atr Savings 6 Loan 02 -04 -86 Westport Savings Bank 02 35 -86 Fasdly Savings 6 Loan 02 -06 -86 Rancho Dank 02 -13 -86 Colden Pacific Savings 02 -14 -86 Cold River Savings 6 Loan 02 -14 -86 Secure Savings 6 Loan 02 -19 -86 Cibraltar Savings 6 Loan 02 -14-85 South Day SavJnga 6 Loan C2 -25 -86 Mt. Whitney Savings 6 Loan 02 -25 -86 Guaranty Savings S Loan 02 -25 -86 Century City Savings 6 Loan 02 -26 -86 Mercantile Bank 02 -28-86 ;First Savings 6 Loan 03 -03 -55 Southwest Bank 03 -03 -86 University $rain&@ 03 -03 -86 Brentwood Saving• 4 Loan 03 -04 -86 Cnnaercial Pacific Savings 03 -04 -86 Onion Federal Savings 03 -04-86 La Jolla Village Dank 03 -04 -06 Ranb@ctan Dank Savings 03 -05 -86 Guardian Federal Savings 03 -05 -86 _Western Fsaily Dank 03 -06 -85 0 100.000 100,000 100,000 100.000 100,000 100,000 100,G00 100.000 100,000 100.000 100,000 100,000 100,000 100,000 100,000 100,000 500.000 100.000 100,000 100.r00 100,000 100,000 160,000 100,000 100,000 IRI8RR8T FAIR MARCBT e"I YALUX 0.09500 0.09150 0.09250 0.08150 C.08750 0.05000 0.08750 0.08750 0.09000 0.10250 0.08750 8.08750 0.08700 U.00750 0.08500 0.09000 0.078550 0.08750 0.08750 0.08625 0.08500 0.08500 O.OP750 0.08500 0.08375 100,000 100,00- lOG,000 100.000 100,000 invastmat Status Report Page 6 PORCRUg PATURITT INTEREST PAIR MARRBT 3RVtlTMaS UXI -_•T(_ AMOUNT —Um- 9AL0[ Vestco Savings Bank 03 -11 -86 03 -.' -B' 100,000 0.08750 100,000 Alvarado Bank 03 -12 -95 03 -12 -97 100.000 0.08250 Valley National Back 03 -12 -86 03 -12 -87 100,000 0.06100 Bank of America 03 -13 -86 03 -13 -87 100.000 0.07125 No Savings A Loan 03 -16-86 03 -18 -87 100,000 0.08750 Ban Diequito Rational Bank 03 -19-86 03 -18 -87 100,000 0.08250 Calitornia Security Bank 03 -21 -06 03 -23 -87 100.000 0.08250 100,000 Wilshire Canter Bank 03 -24 -06 03 -24-87 100,000 0.08125 100,000 Buutington National Bank 03 -25 -86 03 -25 -87 100,000 0.08250 Atlantic Piusaclal Savings 03 -25 -86 03 -25 -87 100.000 0.08375 Nerehant's Bank 03 -25 -86 03 -25 -67 100.000 0.08250 Consolidated Savings 03 -26 -86 03-16 -87 100,000 0.08250 Lincoln Amrirco Savings 03 -?6 -86 03 -26 -87 100.000 0.08150 City Thrift 6 Loan 03 -26 -86 03 -26 -07 100,000 0.08250 Sar.toga Savings 4 Loan 03 -26 -66 03 -20 -87 100,000 0.08250 United A"rican Back 03 -26 -86 03 -26 -87 100,000 0.08000 100,000 Colder Pacific Bent 04 -03 -06 CA -03 -87 100,000 0.00000 Butterfield 0 4 L 34 -22 -85 04 -22 -87 99.000 08.000 Deauville savings Bank 04 -22 -86 04 -22 -d7 100,000 07.875 Nutu&l 8 6 L Assoa. 04 -24 -86 04 -23 -87 100.000 07.000 Mercury Basins A Loan 04 -24 -86 04 -24 -87 100,000 07.250 Malaga Savings 6 Loan 04 -24 -86 04 -t4 -87 100,000 07.375 Adobe Savings A Loan C4 -24 -86 04 -24.87 100.000 07.)00 Iavestor's Thrift 6 Loan 04 -24 -86 04 -24 -87 100,000 08.100 1 :m '.a� E!s- 1 Investment Status Report mass 7 Tousn -ml PURSUES CATUSITT IWTERLIT FAIR MAET.ET DATE AMOUR wASE _W&L- Capitol Baa4 of Calif. 04 -28-86 04 -28 -87 100,000 07.250 Coldan Cain Savings 6 Loco 04 -29 -86 04 -29 -87 100,000 07.500 Wilshire Savings 6 loan 05-09 -86 05 -11 -87 100,000 0.0775 Manila Bank of Calif. 05 -12 -86 05 -12 -87 100,000 0.07500 Western Federal S 4 L 05 -14 -85 05 -14 -87 100,000 0.07875 Bank of San Francisco 05.19 -86 05 -14 -87 100,000 0.07350 Forswear Savings 6 Loan 05 -16 -86 05 -18 -87 95,000 0.08000 Antelope valley 8 6 L 05 -16 -86 05 -18 -87 100,000 0.07750 Stockton 8aviogs 6 Loan 03 -16 -66 05 -15 -87 100,000 0.0750! Encino Savlgts 6 Loan 05 -20 -86 05 -20 -87 100,000 0.07730 Southwest Savings 6 Loan 05 -20 -56 05 -20 -87 100,000 0.07800 Tracy Baviags 6 Loan 05 -21 -86 05-21 -87 100,000 0.07500 Comsoaity IL rift 6 Loan 05.23 -86 05 -23 -87 100,000 0.07600 Columbia Savings 6 Loan 05 -22 -86 05 -22 -87 100,000 0.07450 Republic Fodural Savings 05 -22 -86 05 -22 -87 100,000 0.07500 Tahoe Baviags 6 Loan 05 -23 -86 05-23-07 98,000 0.07800 Righland Savings 6 Loan 05 -23 -86 01 -26 -07 100.000 0.07750 Brookside Savings 6 Loan 05 -28-86 05 -28 -87 100,000 0.07900 Vest Coast Savings d Loan 05 -25-86 05 -28-87 100,000 0.01500 Equitable Savings 6 Loan 06 -02 -06 06 -02 -87 100.000 0.08000 Sierra Thrift 6 Loco 06 -02 -86 06 -02 -87 100,000 0.08050 Southwest Savings 6 Loan 06- 20••86 06 -02 -87 IG0.000 0.07750 City Savings 6 Loan 06 -03 -35 06 -03 -87 100,000 0.07500 Life Savings 6 Loan 06 -04 -86 06 -04 -87 100,000 0.07750 Starling Book 06 -04 -86 06 -04-87 100,000 0.07500 /9 e r� w' Investment Sta -us Report Page 0 UECRIS6 MATURITT INTEREST FAIR MUST INYDSTMENT CATS DATE "My1 Y►TD VALUE Imperial SLrift 6 Loan 06 -05 -86 06 -05 -87 100,000 0.07600 'Ventura City Sat'l Bank 06 -06 -86 05 -08-07 100,000 0.07750 Sterling Savings 6 Loan 06 -06 -86 05 -00-87 100,000 0.07500 ' Home ThrLft 6 Loan 06 -09 -66 06 -09 -87 100.000 0.07750 Colden Security 06 -16 -86 06 -16 -87 100.000 0 "500 - Santa Durbara S 6 L 06 -17 -86 06 -17 -61 100.000 O.00L50 Fidelity Savings 06 -17 -86 06 -18 -87 10C,000 0.07650 Book of San Ramon 06 -19 -86 06 -19-87 100,000 0.07500 National Bank of Calif 06 -20 -86 06 -22 -87 100,000 0.07700 . 'Charter Savings 6 Loan 06 -20 -86 06 -22 -97 100.000 0.07850 American Commerce Nat'l 06 -23 -86 06 -23 -87 100,000 0.07625 Executive Savings 6 Loan 06 -23 -86 06 -23 -87 100,000 0.07875 American Interstate Savings 07 -02 -86 07 -02 -87 100.000 0.08000 First Deposit Saviogs Bank 07 -03 -86 07 -03 -87 100.000 0.07800 Hawthorne Savings A Loan 07 -01 -86 07 -07 -87 100,000 0.08000 O.S. Community Savings Doak 07 -07 -86 07 -07 -87 100.000 0.07500 Westlake Thrift 6 Loan 07 -01-86 07 -07 -87 100,000 0.08500 Washington Savings 6 Loan 06 -16 -8E 07 -16 -87 100,000 0.08250 Statewide Thrift 6 Loan 06 -16 -86 07 -16 -87 100.000 0.07750 Commercial Center Dank 07 -18-f6 07 -20 -87 100,000 0.06400 Amador Valley Savings A Loan 07 -18 -86 07 -21 -87 100.000 0.072500 ' First Commercial Bank 07 -21 -86 07 -21 -87 100,000 0.07250 first Sierra Dank 07 -21 -86 07 -21 -87 100,000 0.07600 7 Perpetual Savings A Loan 07 -21 -86 07 -21 -87 100,000 0.07500 ao jti _e :y i i Investment Status Report fags 9 IHPESTMlHT PURCHASE D ►7E MATURITY DATZ dll= innisT ➢ATE PAIR. NAMB.AT VAAE • Sierra Federal Savings 07 -18 -86 07 -21 -87 100,000 0.07500 07 -16 -86 Pioneer Savings 6 Loan 07 -18 -86 07 -21 -87 99,000 0.07509 07 -16 -88 Vikiug Savings 6 Loan 07 -2186 07 -21 -87 100,000 0.07625 100,000 doe davings of America 07 -21 -86 07 -21 -87 100000 0.07300 Bay View 2ederal S A L 07 -22 -86 07 -22 -87 100,000 0.07500 Liberty Savings ► Loan 02 -13 -86 09 -14-87 100,000 0.09250 sooniusula Savings 03 -20 -86 09 -16 -57 100,000 0.09000 100,000 Torrance Savings 03 -20 -86 09 -16 -87 100,000 0.08500 100.000 gast2rn Savings 6 Loan 01 -28 -86 01 -28-88 100.000 0.09750 100,000 Cal America savings 01 -31 -86 02 -01 -88 100,000 0.09600 100,000 American West Bank 03 -05 -86 03 -05-88 100,000 0.08750 100.000 Internatlooal Savings Bank 03 -05 -56 03 -07 -88 100.000 0.08750 100.000 Hidden Valley Rational bank 03 -05 -86 03 -07 -t8 100,000 0.08750 100.000 Pon American Savings Bank 03 -05 -86 03 -07 -88 100,000 0.08750 100.000 Lincoln Savings 6 Loan 03 -06 -86 03 -07 -88 100.000 0.08800 100.000 Loo Angeles Federal Savings 03 -11 -86 03 -10 -88 100,000 0.09000 :00,000 Hamilton Savings Bank 03 -26 -C6 03 -28 -88 100.000 0.08500 100,000 Oaiversal Savings Bank 03 -27 -86 03 -28-88 1001000 0.08500 100,000 . Dean Witter Reynolds 04 -18-85 05-15 -88 97,181 Treasury 113,531 Bonda2 Commerce Bank of San Luis Obispo 06 -19 -86 06 -20 -88 100,000 0.08000 San Jos* National Bank 07 -08 -86 07 -07 -8b 100,000 0.08000 Valle Ds Oro Bank 07 -16 -86 07 -15 -88 100,000 0.07600 Tri- Valley Rational Bank 07 -18 -86 07 -16 -88 100,000 0.07500 Sunrice Banc 03 -14 -85 09 -14 -88 100,000 0.08750 0/ 100,000 a� 100.000 'u U Investment status Report Page 10 lORCRASR HAM MY I1ITRRL9C FAIR FAUST INPE97Md7 n17R _ )ATR AMQUM GA7R PAi.OR �Y t Catevoy Saviors i Loan 03 -25 -86 09.25 -88 100,000 O.U8375 100,000 Croat Pacific Savings 02 -03 -86 02 -03 -89 100,000 0.09750 100,000 Deser: Community lank 02 -13 -86 02 -13 -89 100,000 0.09075 100,000 National Bank of Catalina 02 -27 -86 02 -27 -89 100,000 0.09500 100,000 North Coast ravings 03 -03 -86 03 -D3 -89 100,000 0.09250 100,000 Continental ravings 03 -05 -86 03 -07 -89 100,000 0.09250 100,000 Independence Savings 03 -05 -85 0307 -89 100,000 0.09130 100,000 Heritage Oaks Bank 03 -11 -86 03 -10 -89 100,000 0.09000 100,000 4estside savings 6 Loa. 03 -11 -86 03 -10 -89 100,000 0.09000 100,000 Bomestat0 Savings 6 Loan 03 -11 -86 03 -LO -89 1u0,000 0.09000 100,000 aeisun valley Bank 03 -12 -86 03 -13 -89 100,000 0.09000 100,000 r,,C- Bank 03 -13 -86 03 -13 -89 100,000 0.09050 100,000 1o6r..ny Bank 03 -14 -86 03 -13 -89 100,000 0.08750 100,000 Pacific Business rook •14 -16 03 -13 -89 300,000 0.08750 100,000 - Sacramento First National 03 -I4.86 03 -13 -89 100,000 0.09250 100,000 't Novato National rank 03 -19-86 03 -15 -89 100,000 0.09500 Book of Del Mar 03 -17 -86 03 -16 -89 100,000 0.08750 300,000 p' Bay Area Bank 03 -17 -86 03 -16 -89 100,000 0.09000 100,000 First American Bank 03 -18 -86 03 -17 -89 100,000 0.08750 100,000 City Commerce rank 03 -21 -86 03 -20 -69 100,000 0.08750 100,000 Bank of Comore., 03 -25 -86 03 -25 -89 100,000 0.09000 100,000 C Constitution savings 03 -23 -86 03 -28 -89 99,000 0.09250 100,000 Pacific Coast Savings 03 -31 -86 03 -30 -89 100,000 0.09250 100,000 valley Commercial Bank 03 -12 -86 09-011-89 100,000 0.09250 100,000 rtockdals Savings 6 Loo, 03 -19-89 09 -1 }89 100,000 0.09250 100,000 �Y t T Iuvustment Status Report Pags 11 PORCN4SD NATURIST INTEREST PAIR KWRT I1VL9YNOS —JAIL— ALTS LyQIK yaTR VALOR Wesior. Valley Dank 03 -26 -66 09 -22 -89 100,000 0.09000 100,000 Covecaaent Nat'l Mortgage 05 -22 -86 3 -15 -2001 94,654 0.08500 96,525 Coveronaat Nat'l Mortgage 07 -22 -86 5 -15 -2001 739,687 0.08500 722,119 jBA CTD Loan Pool CTFS 07 -25-86 7 -25 -2011 1,101,562 variable 1,101,562 Local Agency Invest Fund 12 -04-85 As Needed 2,250,000 0.08420 Local Agency Invest Fund 12 -20 -85 As Needed 2,750,000 0.08420 Bank of America 07 -11 -86 Passbook 192,197 0.05875 Sub Total: 34,328,030 a3 IMMENSE Investment status import Tags 12 Mum= 2D-85 Great Vestatn Savirgs Bd -1 PURCBASE MTURITT IOTgg;6T PAIR YJREET DATE ocTE AHMRT RI rg VALUE 07 -07 -66 08 -02 -36 5.040.793 0.06750 Sub Totals 5.040,795 Great Western Savings 06 -02 -86 Downey Savings 6 Loan 02 -23 -86 Valley federal 8 A L 02 -24 -86 Cantooniel Savings A Loan 02 -25-86 Farmers Savings 6 Loan 02 -25 -M Western Financial 02 -02 -86 Western Empire 02 -25 -86 Century Savings A Loan 02 -26 -86 Sub Total: As of 07 -29-86 Grand Totals 10 -03 -86 4.100.000 0.06850 08 -25 -86 600,000 0.07900 09 -22 -86 300,000 0.08000 LO -03 -86 100,000 0.08750 30 -00 -86 100,000 0.08615 10 -06 -86 100,000 0.08550 10 -20 -86 99.000 0.08625 02-26-87 IMLOOO. 0.08750 7,091,579 40,357,240 *1 Treasury Bills are purebased at a price bet" Their maturity value. They are quoted and traded on the basis of yield to mat,sity. The approximate interact a3raed on this six month investment vill be $25.468.00. *2 The approximate interest earned on this investmeut vill be $34,000.00. *3 Securities which are backed by P ols of government insurerd or guaranteed mortgages. Note 4s All investments are Certificates of Deposit unless otherwise noted above. e Del !Yid 1 i.+fNCaJloee M Aualout 9]Y99A01.1+IDWf1 1. I,Igll p lKI1tWJ1 1N�.¢.- '�---- -a -'-- rr D"r N 4y[m [w.w C.Y.fN19 6.n Min.rOiro 4[I L!< CL9iW, r..rrr.n rr..a ur.rr r,..wff�.re�.er.soarti cvoe Jess � a euwlp a .wlK.wl(q "r Nwl 9a9CATi. iCU.. ]. 0 Gtb[ A. r1Ri.e rover Jr.. JON O Oww.Ow J..f.Kf N.r.w O.n. >. rmul ar nINJ.anlvu re UL ,Jn I fO. I a ]1 a wr.. a trrw i alrwr N]rd..r..ar9r re rrM 9471 9 0111 &I". PJ N li ! II Vi CswOJ J0J4 3]14.00 lb.lrrwlka ]1.ONeJ! Ur L..n, Tff t MsSry Ylfr p11}r[.1 M A.Hrer ti (err I. w.. 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N.��• —JWe •w•`•• � —C`1RS P7 I zr' e� 6k• 1 'F'I 0 i ' LFMO N AVE cc t1CK ' JYoRt,3 .%v� McAI -Y: b351 %{AVIV 4%, F'prLArr RccstAiny NtIiNBektAwo Cakntr�.cua AF AorACL*r Aopmty i�NDtRCoroiT�PKCPtoy AWW f segaw R uoT� «�itpw i ► to sY : R•��our+AC AC4 � � Nustrn�atco ' H�GHI,nN a AV 6- e� 6k• 1 'F'I 0 SUM -MONS I40„CE TO DEFENDANP. (Aviso a Acusido�lON JUD /C /A�J CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, LEE ALLAN STOT'_3 and DOES 1 through 50, Inclusive, _II E C 8 I V f YOU ARE BEING SUED BY PLAINTIFF: (A ()d, le esti dernandando) VICTOR IN BARTON and WILNA You have 30 CALENDAR DAYS Offer INS arm- more la Served on you to roe a typewdnen re• Spence at two catet A fetter or plane cab w61 not prutctt you. your typewdttea response meet be In proper legal form If you want the toun to hear your "ae. If you do not Na Yaw response on Lr1N. you my lese the ease, and your MOOS, money and pro• poly may be taken without lunhe, wafnktq frvn the coon. JUL 2 11986 Derp&* de que le entrSown rs4 citsddn /udkW weed Gene un plaao de 30 DAS CALENDARIOS pare presenlar um mpuet:a escrfta a mlquLO4 en n4 cone. flat ana o au llamada telddnla no le ormtd ccuumfrlir COO ryas omuGdadff lWhs prraapla das sl ustted gUlert que 4 cone exwhe Su ram A ufted no prrSEn4 Su rcsptwt4 a tkmp4 pacde perder el aiq y kPL.Nden quRarto sa4r!o su drnero yolm mm de w proPrMad sin avlsu adicional pot parse de 4 carte. Thar& are other ttgal requlrsm ett. Yau may Fds.tn alroS nVuidtos legaks Puede ue ustrd quits want to u0 an attorney right away. It you do not 0amar a tin abogido inenedlafamenta S! no eunoce a un know an attorney. YOU may t, a7 an attorney rafts ahoydq Purde gamera un serviclo de nAaeM4 de rat ssrvfua Of • legal &Id ofRcs Mstad In the phone a0oirdus o a una aidna de ayvdo legal (tea el dirrawl, book). telrldnkol. The name and sddms of the court a (11 nombre v dntrrrdn de 4 Cone N SAN BERNARDINO CCr1NTY SUPFRIOR COURT WEST DISTRICT 1540 North Mountain Avenue Ontario, California 91762 The was address, and telephone numb, of NOWnifFa anan&y. or p1muff wntWn an anomy, e ., ([l mmbra 4 drmccdn y el ndmero de whYboo del aboWo del demandante. o del drmandanre que no hene Abogada es) VINNEDGE, ANCE b GLENN, INC. 204 North San Antonio Avenue Ontario, California 91762 -3398 (714) 983 -9574 APR 8 10 CIO% by (Ater ma TO THE PERSON SEAVEO: Yau an aaewd as an IndMdua der&ndanL as the penon Sued under ft Rcdocu& now of 4-o- 3. M an twW1 of fspao*p under: N CCP 4HLI0 ftapenUoOf CCP 410.20 Wehtnct voroontkrnl CCP 410.40 famodadon or permeretubl oo ar. a. Q by persons! daaver, on khwh I toes feswas IY ARK of Mrt4r1 .� 333100) s1l~Fdft c ) h someld poet L( CCP 41a60 hNrwl BCCP 41&701ca+wNtw7 CCP 416.90 Which-41 COaIIR rt,pu„w 1 • d. 4 + I VINNEDOE, LANCE i GLENN, INC. s' A Professional Law Corporation 2 204 North San Antonio Avenue Ontario, California 91762 -3398 ORIGINAL FILED 4 Attorneys for Plaintiffs 3 (714) 983 -9574 s' County of Sin 0ernordmo 5 APR Ugh t 6 i 4 II County Clerk West Dntnd SUPERIOR COURT OF THE STATE OF.CALIFORNIA 9 FOR THE COUNTY OF SAN BBRNARDIflO 10 . 11 VICTOR H• BARTON and .f WILlIA BARYON, � CASE N0. a7$�.S1Z 12 ftFOR ! 13 P!aintiffs, ) PERSONALTINJURIEg r vs. 1 14' ) CITY OF RANCHO CUCAHOtj 1 15 STATE OF CALIFORNIA, ) LEE ALLAN STOTTS and 1 16 �� DOES 1 . through 50 ) 9 Inclusive, J 1 ! 17 J Defendants. J ` 18 ) 19 CONES NOW Plaintiffs, VICTOR N. BARTON and WILMA BARTON, and 20 comPlain Of deferdants, CITY OF r iL•,NCHO CUCAMONGA, STATE OF 21 CALIFORNIA, LEE ALLAN sroTTS and DOES 1 through S0, Inclusive, ap 22 follows: U t 23 f 24 FIRST CAUSE OF ACTION 25 t 26 1. Plaintiffs, f VICTOR H. BARYON and W --M& BARN ' 27 at all times herein centicrod were, individuals residingrin the z, L �+ 28 County of Los Angeles, State of California. nirc 4per • ' 1 2• Defendant, CITY OF I 3 00 Poratlon, dui g nized and CAMONGA, !s a munivipal Y or a to Of California existing under the laws end sltuat0d of the 4 Bernardino, California. the County of San nle. 5 3• DaE. ndant, STATE OF CALIFORNIA, !s, end e 6 mentioned heroin was, a sovereign all tlmae 7 America. state of the UAitetl States of 8 4• Defendant, ndant, LEE ALLAN S 9�911" mentionon I'OTTS' Ls, and at all an Ind 'vidual 110 (I C':camonga, County of San Bernardino, residing In the City M °f Rancho n 5• The true State of California. 1211 corporate, associate n Or Otherwise, and capacltioe, whether individual I and otherwise, of defendants, DOES 13 50, each o£ then, are unknown to L through l4 � such defendants Plaintiff., who there 15;1 corn by such fictitloue names fore sue Plaint to show their true names and '111 amend this 16 have boon ascertained. and c°Pacities when Plaintiffs are the same I 17,1 thereon .11.90, the InformeLi and L. � t each Liov.• _,.a & 18 ' in so of the do Eendants designated me manner responsible a, a DOE !s !9' referred for the events a to and thereby Proximately haPPOnl�,ge ,:eroin 20 Inlu rlos and damages sustained tely caused and contrlb:,ted to the ned b 21 6• Plaintiffs Dlaintlffa as heroin ntiFFs are ir.Formed and , alleged. 22 that s bel,eve t all times ' and thoreon alleges 23 heroin mentioned, each of of ctitlouely named :.fondants he the named end were t atiento one another c 25 in the course and necon doing the things aereln ellefl d rwaentetivea such L° acting 26 � Of rals.cionshlp, etln ' 27 Chrough 3O t anld times mentioned, defendants STOTTS v each thorn and 21 '`� Rol °E , were DOES =�;5', /ant automobile the owners of a 1981 pl e^rL terci , bear! ymou 6:, roc, bearing Cali {o�•nfr. License No. 1DAP2331 which k �N,i. a I vehicle defendants were operating along Highland Avenue in a i 2 general wostbound direction, at the intersection with Etiwanda 3 Avenue, in the City of Rancha Cucamonga, County of San Bernardino. 4 8. At all times heroin mentioned, plaintif:v wore the 5II owners of a certain 1983 Oldsmobile, bearing California License 6�1 No 10HA142, which vehicle plaintiff VICTOR H. BARTON was II 7 operating, and in whicl, plaints °f WILMA BARTON was a passenger., on i' 8 Ettwanda Avenue in a general southbound direction in the City of 9, Rancho Cucamonga, County of San Bernardino. 1 10 it 9. At all times heroin mentioned, Highland Avenue and ; 11 Etiwanda Avenue are public highway: in San Bernrrdirw County, 12 " California. i 13 10. On May 26, 1985, and prior thereto, defendants, CITY OF 14 RANCHO CUCAMONGA, STATE OF CALIFORNIA, and DOES 1 through 20, 15 owned, controlled, maintained and constructed the intersection and_ 16 roadways In and around Etiwanda Avenue and Highland Avenue, in the 17 City of Rancho Cucamonga, County of San Bernardino, State of 18 California 19 ll. On May 26, 1985, and prior thereto, the above desc red 20 i public property was in a dangerous condition that created a 21 f1 substantial risk of the type of injury Leroinafter alleged then 221 the property was used wirn due care in a manner that it was 2311 veasona4ly forseeable that it would be used, In that a sign, 24 N shubbery, weeds and vegetation on the northeast corner of said 25 roadways obscura, the traffic at the above described intersection Y, 26 and the view o: drivers of the intersecting street so that 9. 27 drivers, coming from all directs me, could reasonably believe that "Sc 28 they had the right of way and could not Sao automobiles coming 1;' f t, iii lJ�er l".�5 ran. INC v 1!I trom difterent firections. 2 3 4 1 12. Defendants had actua, knowicege of the existence of the condition and know, or Should have known, of its dangerous character a sufficient tine prier to may 26, 1985, to have takca 5II measures to protect against the dangerous condition, and 6 defendo.its had the authority, and it ties their responsibility, to 7 take adequate measures to protect agaliat the dangerous condition siIllI at their exponso, and the funds or other means were immodiately 9 ,I available to them. 10 13. On May 26, 1985, plaintiffu were traveling southbound on I1ji Etiwanda Avenue approaching its intersection with Highland Avenue. 12 r As a proximate result of the dangerous n condition of the 131' intersection they were struck by an automibilo driven by defendant 14 ii LEE ALLAN STOTTS. 15 14. As a proximate result of the negligence of and i 16 I carelessnes,s of defendants, and each of them, and the resulting collision, plaintiff VICTOR H. BARTON was injured in his health, i t p�� strength and activity, sustaining injury to his body and shock and 19 injury to Ilia nervous System and person, all of which injuries ;0 have caused and continuo to cause plaintiff great mental, physical '1 and nervous pain and suffering. These injuries will result in 22 permanent disability to plaintiff. 23 15. As a further proximate result of the negligence of 24, defendants, and each of them, as heroin alleged, plaintiff vICTCR 25 H. BARTON was required to, and did, employ physicians and surgeons 26 for medical examination, treatment and care of those injuries, andy ,. 27 did incur medical and incidental expenses. As a proximate result'�i OR of the negligence of defendants, and each of them, plaintiff has CC 't. I I incurred, and will Incur, further medical and lnci,!ental expenses 2 for the care and treatment of these injuries, the exact amount of 3 which !s unknown at the present time. 4 16. At the time Of the events described herein, plaintiff 5 VICTOR H. BARTON was gainfully omplOynd. As a further proximate 6 result of the negligence of defendants, and each of them, as + 7 herein alleged, ,laintlff was prevented from attending to his 8 usual Occupation. By reason of the negligence of defendants, and a each Of them, plaintiff will attending to the Future be to his Prevented from usual occupation for an undetermined period of 11 71I time, all 12 to his damage In a sum unknuwn to him at this time. U 13 'ISECOND CAUSE OF AC110N 14, i 17. Plaintiffs, VICTOR H, BARTON and WILMA BARTON, herovy +. 16� Incorporate paragraphs 1, 2, 3, 4, 5, e, 7, tl, 9, 30, 12. 13, 14, 17,E 15 and 16 as though fully restated in this Second Cauce 0! Action. L 18 I 18. On May 26, 1985, and Prior thereto, the Intersection and ti•. 20 I City ways In and around Etiwanda Avenue and Highland Avenue, in the Cucamonga, County of San Bernardino, were in a 21 � dangerous condition that created a substantial clak of the typo of '! 22 InjUCY hereinafter bileged when the property was used in a manner 23 that was reasonably foreseeable, in that the design o£ the a - 24 Intersection was ch that the view of drivere of the inters e"In;I •' 25 street was obscured s0 that drivers coming from all directions 26 could reasonably bellevo they had the r �y lgh[ Of way and cculd .w. 27 aso automobiles r:Omiu not: 4 g from diffe ♦nt directions r` 28 warning . but tilers was no g sign Of such fact and our '4 u.c. iangot would not be reasonably If; W u INC -5- .,, 3l f I apparent Go, and would not have been anticipated by a parson using 2 due Care, which Condition, together with the negligence of the 3 parties as heroin set forth, proximately resulted In the lnjurfos 4 and damages to plaintiffs as herein alleged. 5 r' 6� THIRD CAUSE SE 01, 7 8 I 9 I I 19. Plaintiffs, VICTOR H. BARTON and Incorporate WILMA BARTON, hereby paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13 1 10 15, 1F and 18 as though full , 14, • 111 Action. Y restated In this Third Caua6 of 12 I 20. On or about May 26, 1985, defendants LEE ALLAN STOTTS 13 and DOES 21 through 30, and each of them, were driving, managing, 14 t and controlling 15 westboOstbo und d the 1981 Plymouth Reliant in a 96noral 16 th direction, at the Intersection with Etlwanda Avenue, in e City of Rancho Cucamonga, County of San Bernardino. 17 21 At that time and place, defendants STOTTS and DOES 21 18 ,hrough 30, so negligently, carelessly and recklessly entrusted, 19!1 maintained, operated and used the 20 proximately Cause 1901 Plymouth so as to ft to collide with plaintiffs' automobile, 22 21 roeul tfng in the injuries and damage, as hereinaftehereinafter alleged. I 23 FOURTH CAUSE ?.4 OF ACTION 1 25( 22. Plaintiffs, VICTOR H. BARYON and WILMA BARION, ho[eby .," 26j Incorporate paragraphs 1, 2, 3 , 8, 9, 10, 11, 12, 13 16, 18, 20 an•1 21 above as though fully restated in this =iC 28 Fourth Causo 15, of Action. eiitgeG�er -6- m 1I 23. At all times relevant hereto, pinintLffs, VICTOR H. 2 BARTON and WILMA BARTON, wore, and presently are, lawfully married 3 and residing in the State of California. 4 24. By reason of the injuries sustained by plaintiff VICTOR 5 H. BARTON, and as a proximate result of the negligence of 5 1 defendants, and each of them, plaintiff WIL14A BARTON has been 7 donled the conjugal society, comfort, affection, companionship and 8; love of her husband, PlaintiEf WILMA BARTON was deprived of the 9 consortium of her husband from the date of May 26, 1985, until the 10 present time, and is informed and believes, and on such 11 information and belief all4ges, that her husband's injuries and 121 condition are permanent, and that plaintiff WILMA BARTON will 13 continue to be denied and deprived of her husband's consortium, 14,1 ali to plaintiff WILMA BARTON'S damage in a sum unknown to her at 15 this time. 16 17 FIFTH CAUSE OF ACTION 18 19, 25. Plaintiffs, VICTOR II. BARTON and WILMA BARTON, hereby Y0i incorporate paragraphs 1, 21 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 21 14, 15, 16, 18, 20, 21 and 23 above as though fully restated in 22 this Fifth Catso of Action. 23 26. At all tines heroin mentioned, plaintiff WILMA BARTON 24 was in close pniximity to the horeinabove described collision and 25 personally witnessed the collision. 26 27. Because of the negligence of the defendants, end each of 27 them, and as a proximate result thvreof, plaintiff WIL.MA BArToN 28 sustained great emotional disturbance and shock and injury to her , tans INC -7- F. wwr • y PORN" l �i a a s> , 1 nervous system, all Of which hen caused, continues to cause, and 2 .rill cause her groat physical and mental pain and suffering, all 3 to plaintiff wILMA DARTON'S damage in a sum unknown to her at this 4 time- 5 6 SIXTH C._� ApSE pP ACTION 7 8 28. Plaintiffs, VICTOR H. BARTON and WILMA BARTON, hereby 9 incorporate paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 10 14o 1!i, 16, 18, 20, 21, 23, 24, 26 and 27 above as though fully 11 restated in this Sixth Cause Of Action. 12 29. On May 26, 1985, and prior thereto, defendants DOES 31 13 through 50, owned, controlled, maintained and managed the property i 14I adjacent to the intersection and roadways in and around Etiwanda 15 Avenue and Highland Avenuo, in the City of Rancho Cucamonga, 16 County of San Bernardino, State of California. 171 30. On May 26, 1985, and prior thereto, the above described 18 property was in a dangerous conditi„n that created a substantial 19 risk of the typo of injury hereinafter alleged when the 20 intersection and roadways wore used with duo care in a manner that 21 it was reasonably foreseeable that it would be used, in that 22 signs, shrubbery, weeds and vegetation on the property adjacent to 23 the northeast corner Of said intersection and roadways obscured 24 the traffic at the above described intersection slid the view of 25 drivers of the intersecting street so that drivers, coming from, 26 all directions, could reasonably believe that they had the right 27 of way and could not see automobiles coming from difforenti 28 directions. Defendants had the authority and responsibility to girl .ate I take adequate measures to protect against the dangerous condition. 2 31• At the aforementioned time and place, defendants, and 3 each of them, negligently maintalned, managed, controlled and 4 operated the premises in that they knew that signs, shrubbery, 5 woods and vegetation obscured the traffic at the above described 6 intersection and view of drivers, which defendants know, or in the 7 exercise of reasonable care should have known, constituted a 8 danCerous condition and unreasonable risk of harm of which 9 plaintiffs were at all times herein mentioned unaware, and yet + 10 failed to take stets to either make the condition safe or warn of 11 the dangerous condition. Such dangerous condition, together with 1211 the negligence of the parties as ho_ein set forth, proximately 13 i1 resulted Sn the Injuries and damages to Plaintiffs as herein 14 ;; alleged. 15 WHEREFORE, plaintiffs pray judgment against defendants, and 16 each of them, as follows: 17� 1. For general damages according t, proof; 18 2. For all medical and incidental damages according to 19� proof; 20I 3. For all lose of earnings According o g proof; 21;1 4. For costs Of suit heroin incurred] and 22 S. For such other and further relief as the court may d 23 proper. doom �i �t 24 ')ATED: April 8, 1986 ,S 25 s� VINNEDGE, LANCC 4 GLENN, INC. 26 r y 27 / '$°*• Y8 HAROLD J. LANCE Attorneys for Plaintiffs r Ve1A,NL L111:. - auen fMC ` s nu„ -9 -- e Is SUPERIOR COURT OF CAL$FORMA. COUMY OF SAN UNNARDINO VjCTOR H RARTON S WLLM plaintRIEs ri. case Na -1 rsr tat12 CERTIFICATE OF ASSIGM.NENT A civil action or proceeding presented for filing must be accompanied by this certificate. If the ground N the 111111411" of a party. name end residence shell be stated. The undersigned tlec4rea that the above entitled matter W filed for proceedings In "a WEST - District of the Superior Court under Rule 153.1 of this court for the chocked reason: 14 Prohibition Name of Action C 1 Adoption C 2 Conservator [ 3 Contract :s C 4 Equity 5 Eminent Domain _ 6 Fanuy taw 7 Guardiansh.p C 8 Herrassment 9 Mandate _ t0 Name Change jt 11 Personal Injury 12 Personal Property 13 Probate 14 Prohibition C 15 Rewcw C 18 Title to Real Property C 17 Transiarred Action C 18 Unlawful Detainer C 19 Other Ground Petitioner resides within the district. Petitioner or conservstee resides wind" the distrlot. Podcrmancs in the 'iguict Is expressly pro+rdad for. The cause of action arose within the district. The property Is located within the distinct. Plaintiff, defendant, petitioner or respoiAmt resides within the district Petitioner or ward resides with) i the district or'os property within the drsuicl. Plainldf, defendant, petitioner cc respondent resides within the dlstrIM The defandant functions wholly within the district. The petitioner resides within the district. The injury occurred within the district. The property is located wititin um district. Decedent resided or resides within the district or had property within :he district. The defendant functions wholly within the district. The defendant functions wholly within the district. The property is located within the district. The lower court Is located within the district. The property is located within the district. THE RESIDENCE OF THE PETITIONER, RESPONDENT. DECEASED ONSERVATEE, WARD, PLAINTIFF. OR DEFENDANT IS: NAME ADDRESS: I declare, under penalty of parjury, that the foregoing is wa and correct and this declaration wit �@"Ctflsd on -Al SUMMONS NOTICE TO DEFENDANT: (qv /fo a g1`1WT aC/ON JUDICIAL; KLANY MITCHELL DeFAZIO, DOUGLAS THOMPSON, CITY OF RANCHO CUCAMONGA, and DOES 2 E 0 E E� 1 through 100, inclusive CITY OF RANCHO I YOU ARE BEING SUED BY PLAINTIFF; (A Ud. le e'sta demandando) HEATH EDWARD THOMPSON You have 30 CAIFNDAR DAYS after this sum. mons is served on you to fds a typewritten re- sponse at this court. A letter or phone a0 w0 not protect you; your IYPewrinen response must be In proper legal form If You want the count to hear your eau. If you do not foe your respoM a on time, you may lose the trio, and your wages, money and pro. Potty may be tcken without funha, warning from the coup. There are other legal requirements. You may want to call an attorney right away. If you do not know an ancmey, You may a0 an attomay nfer. rat aaMce w ■ legal old office (gated In the phone back). JUL 23 0L. SG -37 D-Pue de eude30D�uen esla dladdn judicial used um respuesfa ettrita a m}qut", MA lta cotfn p nlar Una cull o unt Awnada tole /dAtu no le ofmced Pmtecddm su nnpuesra e,critt a mdquina fiene quc eumplir con Lts fonnalld�ofn leail,s apmpladas 51 usted qulem quc A cone exuche su tarn S1 oiled no j, a Ma su ANAuula s liempa puede rder eu4 ykpueden 9"11'r so "lio. Wdrnero ypro, sous de $u Pmp,edad sin aviw adidomI Por pure de /a cone. Esbten olms Mqulsllos /efi% Puede yue usfed gvlen llarrur a un aboaado Inmed4tamenfe. Sr no emote a e n aboeado puede Jlarrur a on sevido de mfemncia de abogqaadw o a um o6dm de ayuda ley! (sea ei dimr}odo trletdniml. The name and afteu of bu coon n: 1D rrombm y dnarrrdn de O cone nl fE ^""a ew San Bernardino County Superior Court b�v 1540 North Mountain Avenue Oa arid, CA 91762 West District The mama Wdmss, and tetephone number of PlwAr!f's anomey, cr.plalnuff without an nomay. Ic 11 ""6m G d.,rc'c M y N ndmem de fe /Nono del abogado der demardanrn o del deminow"r quc no ame aboeada ed WF...DON UIGGS A Professional Law Corporation 396 West Foothill Boulevard Claremont, CP 91711 714/621 -2931 DATE- """ l y/ l 9 8ln •• .� me r'"SON SERVED: You we sacred t• as an uWmdusl d0w cant 2 It the Parson wed urWu the lrcdtique name of lap,cvrpc .�� on behalf of fapaalyl: I*der. N CCP 41 &10(cogpintkn) (�(• ghj1 f,.(A4ab CCP 418.20 (defunct _ p CCP 410 tW imV.or) CCP 4t0.40 fuaoelstbn 0, pannenN) CCP 4!0.70 fearwrntnl other• D CCP 415.90 fkWhHtN) 4• by Personal dwvary an roarer. �7, )]•3TCG. Iaq manta 11. areal at S.�M�eal Y' SUMMONS 6 ccr "1f0 u soma eel ■ PROOF OF SERVICE — SUMMONS /i('. , I carved :he (Wit aapanh' Amo/ of svvke for each Porten 11"d) CIZ/lam^ a summons Q COmp-ylnt Q amended &um s emended compinnt 8 connpated and Wank Cess QuupoM4lrb Omer Ispimty). U� G on defendant Inamel: /6ZrP ^ Op Q by sevng J defendant Q other (name and title or n/etionsfu'p to person served!- d. = by delivery Q at home Q at business Ill data: f2) time. 131 address. a Q by malting 111 data: 121 place: 2. fdanrier of service (chock pmper part: a. ® Parsonof aarvka. BY personally delivadng Copies. ICCP 415.101 b. Substituted service on cogention. Wdnewporsted e:soctatlon gncWding portranhbl. at pubge amity. Dy leaving, during usual v(fcs hours, copies h the office of the person served with the pttson who apparently was In change and thereafter moiling illy firsl<Iesu rill, pWtagl WOP4id1 Copies to the pan" served at the place when the copes ware left. (CCP 418.201 Q Q Substituted service On n usual Piece of abed• or Or the slacing act* on to Isteritiflih nesona +Gyexa is I/rsf affempWg personal ea:v/ca) d. Q Mail and acknowledgment sarvics. BY malting (by 6ratclass nag w nrmail, postage prepaid) copies to the parson served, together with two coolo of the ronn of notice and acknowledgment ands return uvobpa postage ptopeM, addressed to the Conde,. ICCP 415 301 Match Completed 4cimw&dgmrns of recelptl a Q Certified or rogictaad mad service. By fnWag to an address outside Califettnia Iby, f4stc:e3s mail, postage prepaid. reou'ring asetum recept) Copes to the parson seised. ICCP 416.401 (Affscha/gtrednmmreeeJpf oroMsrswdrms of r efrraf JIAwy to me person served.) f. Q Otner ispac/fy, Code secNOnl: Q additional pegs is attached. 3 The "W.tica to the Person Served" ton the sunanons) was completed as (ogows ICCP 412.30. 41810. and 4741- a. I a an uMwidual defendant. h 9 as the person sued under the fictitious name of lspecityl: C. W behalf of fipedlyl: t riper. ® CCP 41610 (Corporation$ CCP 416 60 Iminor) Q other. CCP 416.20 (defunct corporation) fkLdJ, CCP 416.70 Iconsrrvateel CCP 418.40 [association or partnership) CCP 416.60 OMWIduall d. Q fM Crsonal delivery m (dent' 4. A: the visa of service I was et least 18 years of age and not a party to t>.e allies 5. fee Im service: 4 6. Rnon serving: a® CaWorNa shorlft maraMi, or eonstaWa /. Nom; saltines and telephone raenber and.Il app4ada W Registered California process Carver. county of registration and number. C. Employee a Independent convector at s registered California process server. IL Not a oserver. grstared California process ser • Exempt from reglstrso011 UWcr BUS, 6 Not Code 223501bl. 1 dsdara under penalty of Its" under the laws o, the Sou Of C&OCINs that the (ongoing Is true and carat. Doer. i14e sus.rrr k .net / *flay Clgfamb, shodif, manAO,, a contratsY rise a*) 1 certify flat the foregoing Is We and coned. - Date n AIIMInEi pR PARii Yn110111 �tIM EY IM1 AHO M)gILL51 _ �� rflL. WCI.UON U1GGS, A Professional Law Corporation 356 dent Fuothlll Boulevard Clarcevnt, CA 91711 714/621 -2931 ' ATTORNEY fOI1(NANEI Plaintiff MMn MTI el LOVrI. 11.SK W dH4K1 p plMn C011L 11 ilry, a,V pnEl OrIK1 Elie Llfa[I aGLLL San Bernardino County Superior Co•lrt West District +` 1540 N Mo[Ita.n Avenue Ontario :A 91762 HEATH EDWARD TH014PSON ■ iqt CWar U:a Q'4Y -- �I CQRyG/pq P A/14D JUC 141986 b I West O/srrlet KENNY MITCHELL DeFAZIO, DOUGLAS THOMPSON, CITY OF RANCHO CUCAMONGA, .TOES I TO ICOMPLAINT -- Personal Injury, Property Damage, Wrongful Death CASE Nuvafa 2al20 [2 MOTOR VEHICLE 21130 ® OTHER (specllyl: PREMISES ❑ Property Damage Q Wronptul DeathLIABILITY ,� 1 Q Personal Injury Q l�qf /389, Other Damages rapacity): �I I Twi Pleading Including attachments and exhibits. !Insist, of the:011owing number of pages 5 2 a Each plaintiff named about s a Competent adult Q Except plaintiff (name) Qa Corporation Qualified to do buaness In CaLlornts C an unincorporated entity (descnoe) (_)a public en4ty(describe) QamIna, CD an ad.n lZ) for whom a guardian or COJIMN4tof of the 031210 or a guardian ad blrlm has been appointed ••Q other (Specify), Q Other (specify) Q Except ptainldf (name) Q a corporation Qualified 10 d0 business In California CD an unincorporated entity (describe) Qa public amity (detn0e) Qa mmsr C] an adult Q for whom a 91 •role, Or conservator of the estate or a guJrdlan Ad slam has been appointed Q Other (3pechi Q omar (speedy) b QPlainnn(name/ Is doing pus 'IMs under the fitwiou5 name of (specify), and has Complied Win the fictitious business time taws C Q Information about additional plaintiffs who are not conlpsient adults Is shown in Complaint — Attachment 2c. (Continued) AGS Cade 3y1q 0001021 COMPLAINT — Personal in u Pro ull Damage, Z Wrongful Deh 9 R sd 1' I SHD.iI HOMPSO SON vs. DeFA2iO, et al__ COMPLAINT— Personal injury, Property Damage, Wrongful Death x.p.IAo 3 a Each defendant named above is A "rural person QV Except defendant (name) CITY OF RANC6O CUCAMONGA Q a business rugandelion, form unknown Q a corporation Q an unincorporated entity(descn0e)• C a a public enhly ( describe) M Omer (spx.ry) Q Except defendant (name) Q a business organitalion, form unknown Q a COlporslion Q an unincorporated ennly(descnbe) Q a public a. by(doscnarl Q other (specrly) Q Except defendant (name) Q a business organisation, form unknown Q a corporation Q an unincorporated entity (describe) Q a public entity ( describe). Q Off (specify) Q Except defendant (came)• CDs business organtaation, form unknown CD corporation Q an unincorporated emity (describe) Op public entity (describe) ED other (apecrW b The Irue names And capacities of darendants sued es Does are unknown to plaintiff C Q Informabon atiout additional defendant, *no are nol natural persona Is contained In Complalnt- AllachmOnf3c d Q Delendsnis who are folned pursuant to Code of Chill Praceduro section 381 ars (namef) a [� plaintiff Is requned to comply with a claims statute and A [:X] plainhlf hue Complmd wnh appllCabfe cairns staivios or b Q Ptainlat is sacusod Ifom complying bttause (SpeCity) 5 This court is the or,DS, court because Q at least one defendant now resi00s N Ifs Jurisdictional are s Q the principal place of business of a corporation or unincorporated association is 0 na Jurnd¢Ifona' area ® mryry 10 person or damage to personal property occurred In Its Jurifdmtiogel area Q Other (Specify) 1. & Q The follomng paragraphs of this complaint era alleged on Information and belief (specify pe,lgraph numbers). (Continued) Ppe be � r Lr . I ., THOMPSON vs. DeFAZIO, et al - -- CaH NUYBER COMPLAINT•- Personel In)un', Property Damage, Wrongful Death (COANnued) pa n ,, w Q The damages Claimed for wrongful deaf and the relagonshlps of plaintiff to the deceased are C-11 sled in Comp laml - Allachrrleal T Qas follows Plamhnhes Suffered, and continues p to suffer, wage loll GO hOCP+lal and medical eapenses Q loss of ese of properly = P,Operty damage ® general damage Q Dino, damage (s",ty) ® loss of earning Capacity Renal Sought' Imo Complaint is within the tunSdiOpon of this cou,l 10 PLAINTIFFPRAYS For judgment for Coils of suit. for such reset as is lair, tus,. a ,d apmtable, and for C3 compensatory damJg,, I$) (SUPerior Coins) according to Proo' C-' (Muniofpal and Justice Court) In Ina tmounl OI S 90 Dine, (specdyl Prejudgment interest (Pursuant to Civil Code Section 3291) according to proof, except IL: to defendant, CITY OF RANCHO CUCANONGA. I I The following causes of action are affaChed and the Statements above sooty to each (Each Complain, must nave one of more "Uses o, action attached) (n] Motor Veh'p, Q General Negl'gence Q Intentional Tod Q Products Llab,i, !7(J P,emsef Uaoiuly Q Other (specify) WELDON DIGGS A Professional Law Corporation '..t DY: LINDA 61ar1%ILDfi ' rNY MLllllkw• COMPLAINT— no Injury, Property Dama g e, P.O. •' "'nl,ss n" PI evee (('.onlinued) x SILr111 INLE ti 7'110M7SON vs. DDFAZIO, It al. FIRST n CAUSE OF ACTION —Motor Vehicle �.q i ArTACNhIENI TO j X)Complanll 1 1c,c' -comom.'I 4, (Use a "Porale Cause e/ ,. CAa /r rann 1pl eiC/I Cae)p Ol dthen ) Plalnhll(namo) HEATH EDWARar THOr•IPSON 11 A• I I,,.MIII n� J Y Page_ 4 MV•1 Plaintlll ailed.•) Ihn ncn AI deh•minds were negflgeni, the acts wells the legal (n'""Ate) ca-sq of njud3s ono n tnlgges to plvnldl. Iho qr is occurrwd on ?dare) November 18, 1585 et enlace) Big Tree Road one mile north of Almond, _n the City of Rancho Cucamonga, County California. Of San Bernardino, State of fa V -2 DEFENDANTS a 1kj The 0e10O111nU who naRralCd q motor ,ehgle erp (names) KENNY MITCHELL DerA7,l0 CX10.•ns_ , e gL)tue n,,,,ndgnl�s wnp R/nnl"lQa!onprsons wnoo om fedgmolarveh/ctom lhecoursoollnmromnloymenl me pbno)) P 1 K7 Dart, I lu_s96:� C .J the wl DOucL gS lu owned the molls? Vehicle %Itch was opoaled wh HOMPSON Intel plsrmypoA pro (names) Xl Does I to __�{IQ • •• I IX The defendant i who md'Wed the mpior veh,ele are ( .land,) DOU.IAS THOMPSON 1Xl n „••). , In _L�0 -/_ 0 (](f Tt,p li n'gallcy - wen wm. rhn ggrnn And emnfuyens at Inr Other dercr,dnr,le and Wait % It.... III of Irye agency wets (names! R sWhp I X) Dees I 1 I i see Mrntrl tnl <.mm un bpd' In plandntr, Inr near rpa3tns And the ""lion) lo, Ill.. 6ahiLly a?n LJlpled m Alhnurn' /d IAVQI ( _)AS toeowa 9• Defendantsry who are liable to plaintiff who negligently and carelessly serviced, repaired anG maintained said motor vehicle. Q) Does In_1 Do. . F.IgL dwr <rmrJu fees",., ytw,l IMJ� .nwsq hJl CAUSEOFA • (.TIOfJ— Atnlor VrlrlCio n '' =� YJ•, � .. _ ern qs q , / .t ;1 � i I9Ntl11f f11LE ! � L TIIODIPFO — -- ��N vs. o0FAZIo, et S� nTTACNMENT "US EQFAC7'jo Premise 70 ®ComPlaIN 9 Usbilily fUasa stpar nCtoss COmp/aml Papa $. afs teats o /action /orm /ar earh Preen L cause ecLOn J 4 PlsmhllthatneJ Jl "ell"s the On (oafs) November 189 we'll M ho legal Do >.nO e) ceusf 01 dame rashvn (oeacnP..nn o/ 1985 Malnrdl ryas inpned on p a Oe' Ip 7 P alnl if Mile Plaintiff wos o'" nae I'd, UCUmafencea of m /yryJ g premise, In the following At I abrade 1Y ofmi e t condition ineeA that City Weis ancho Proed on Cal', Road one the ill, rut to •Prevan �N SON was Mitchel 1 nDOFaz ro eto sY. which orut li meinta, ed dangerous Pat adjacort to said lPorti ram of l81. Tree the the clip welrehgpet Present Preen L.; L�CauN One_Nr ll f that rune I'b tlescnbad p gents Tne tlel,ndanb wh _ CITY OF pP.ANCllOara (,amts) onegl'o"Ity Owned. mainiarnetl. managed en Q0003-1 CU oopetaled PIOM L e P,em t.3 o� J count Two_w!l!1w r am.LC!cu, ,! ed IJ 2W a to wan (n a) ICw warn again Cod" e dange••pua contliGJn ouse^tlanl ownbra who willl„�I SOCIC, 31r) lamlar alruclu e. Or ("lent PlamLll —� lam' Y w<:O a reneahoral user,— �Q Count Three Qan 1prited guetl on whh n e d a"getout Con"I"" It Pu Qa paying guts: gerouf contlnion bile PIOP,II i CITY einletl wars (names, Y he do,endanh wn Ot' RANCHO cri ONGA o Owned pubac prop,.,, 19 Joe, Th'I dNt,,,nl Io— IDLL.• tlai gefou, Cond,I,, anal, IMd �.1Chm, ( ICOn,ln2lrye nnLp� C •� Th1. conMl'on was m ,VIL� em Ilene Y 10 nave as ClNletl D Mm' Io Iho m/m nl In^ faiaien Allepa9on, about T 0f the defendant 0, tor•nolod d ce of Ins J P O eft olh r aa"41aUetleiwlnmdlh0 'COpe of Inerapa cy -we",, 'he enbyand oYOe, of In a tleler..,"I em"l ©O °e:defend,,,, 1 e Q �; gROetcnDer m "able r °Thor Pe3 D re Qat toll ton a the rea,onow ., . JJ or IhelT 4abu( are ,; 4t ^�M ly CAIISF ..r niN 4) IIr( Mme+' -_• or A ilnp_nrerm __ ,.,11•nnny 0 1, CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael D. Long, Senior Public Works Inspector C%JCA z LL E a z V i . isrr I SUBJECT: Approval to seek bids for the rehabilitation of various City streets located southwest of Archibald Avenue and foothill Boulevard, more particularly described as: Malachite, Leucite, Klusman, Jadeite, Devon Avenues, Hampshire Street and Alley. As plans and specifications have been completed and approved by the City Engineer, said documents are now submitted to City Council for approval to seek bids for construction. The Engineers estimate for this protect Is $210,480.00 to be funded from SO 325. RECOMMENDATION It 1s recommended that City Council grant approval for Engineering Staff to seek bids for construction, for the Residential Street Rehabilitation (Phase I) based on the Engineer's Estimate of $210,480.00. 4Resp ll s it t lw Attachments q7 0 RESOLUTION 110. SG " a 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE 'REHABILITATION OF VARIOUS CITY STREETS SOUTHPE3T OF ARCHIBALD AVENUE AND FOOTHILL BOULEVARD', IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK. TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Rancho Cucamonga to cor-truct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements NOW, THEREFORE, BE IT RESOLVED that the plans and spclficatlons presented by the City of Rancho Cucamonga be and are hereby approved as the plani and specifications for 'Rehabilitation of varloes City streets'. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law fo^ the rerelpt of sealed bids or proposals for doing the work specified in the aforesaid nlan.A and specifications, which said advertisement shall be substantially in the following words and figures, to wit: *NOTICE INVITING SEALED BIDS DR PROPOSALS' Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2 00 o'clock P.H. on the 26th day of Auus_t, 1986, sealed bids or proposals for the "Rehabilitation of Various Cicy Street% Southwest of Archibald Avenue and Foothill Boulevard' to said City. Bids will be opened and publicly read immediately in the office o` the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, 0810 for Construction of Rehabi7itation of Various City Streets Southwesr of Archibald Avenue and Foothill Boulevard• PREVAILING WAGE: Notice is hereby given that In accprdarn:e w4th the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contraccor 1s required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in u ui r which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C. Rancho Cucamonga, California, and are available to any interested Party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the Job site. The Contractor shall forfeit, as pensalty to the City of Rancho Cucamonga, twenty -five dollare (525.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman., or mechanic is paid ics;. than the general prevailing rate of wages hereinbel'ore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutrs of 1939, and in accordance with the regulations of the California apprenticeship Council, properly Indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions iir Sections 1117.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contactor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employ`:, :- adesmen in any apprenticeable occupation to apply to the point apprenticeship committee nearest the site of the public works project and which administers the apprenticeship prograwilm l 1n that trade for a certificate of approval. The certificate also fix the ratio of apprentices to ,journeymen that will be used in the performance of the contract. The ratio of apprentices to ,journeymen in such cases shall not be less than one to five except: A. When enemployment in the area of coverage by the ,joint apprenticeship committee has exceeded an average of 15 percent In the 90 days prior to the req,iest for certificate, or When the trade can show that it is membership through apprenticeship statewide or locally, or D. When the Contractor provides evidence that he employs registered appentices on all of his contracts on an annual average of not less than one apprentice to eight Journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or Journeymen in any n�)rrenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and ether requirements may be obtained fra3 the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 's work for all Eight In the shall this constitute c contract andathe C ntractor and any subcontractor under him shall comply with and be governed by the laws of the 2, State f California a ivision art7. Chapter1,Arti i working Article 3 of the g hours a e forth , aborCodeoftheStateof California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty -five dollars ($25.00) for each laborer, workman, or mechanic rinployed in the exe:ution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar d•, during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract 4s such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1173.8. The bidder must submit with his proposal cash, cashier's check, certified check, ur bidder's bond, payable to the City of Rancho Cucamonga for an amount hl least ten percent !th amount said bid aasutatthe bidderwilleterintoe proposed ontractIfthesmeiawarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of '.ancho Cucamonga. If the City of Rancho Cucamonga awards tie contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, 1• any, shall be returned to the lowest bidder. i ux t The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100X) Of the contract price thereof and an additional bond to an amount equal to fifty percent (50t) of the contract price far said work shall be given to secure the payment of •laims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contrctor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of sdid work. No proposal will be considered from a Contractor who is not licensed in accordance with the provisions of the Contractor's License Law ( Califorria Business and Professions Code, Section 7000 et, seq ) and rotes and regulations adopted pursuant thereto or to whom a proposal form has not been is,ued by the City of Rancho Cucamonga. T e wort is to be done in accordance with the profiles, Plans and specifications of the City of Rench5 Cucamonga on file in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and specifications will be furnished upon application to the City of Rancho Cucamonga and payment of $15.00, said $15.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request 1s accompanied by payment stipulated above, together with an additional nonrelmbursabie payment of $5.00 to cover the cost of mailing charges aid overhead. The successful bidder will be required to enter into a cantrcct satisfactory to the City of Rancho Cucmonga, In accordance with the requirements of Section 902 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be dine by the Contractor, the Contre.ctc may, upon the Contractor's request end at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance r•_Lenticn). The City of Rancho Cucamonga, California, reserves the right to reject ary and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this _ day of _ . 19 V t CITY OF RANCHO CUCAMONGA c�zro STAFF REPORT DATE: August 5, 1986 W T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael D. Long, Senior Public Works Inspector ' SUBJECT: Approve and award to the low bidder, Vance Corporation The Improvements of Highland Avenue from 200 feet west :f Alta Loma Channel to 150 feet west of Cambridge Avenue, for the loH bid of :172,685.60 to be funded from Gas Tax Funds. The City Council on July 2, 1936 approved the design plans and specifications, and authorized advertisement to receive bids for construction of the Improvements of Highlan! Avenue from 200 feet west of Alta Loma Channel to 150 feet west of Cambridge Avenue. Attached 1s a tabulated summary of bid proposals received. The Engineering Staff has analyzed the bids and documents and finds them correct and acceptable. The apparent low bidder is Vance Corporation with a low bid of $172,685.60 for the project. The Engineer's estimate for thr• oject was 5173,/00.00. RECOME.9DATID4 It is recommended that the City Council award the contract for construction to Vance Corporation to the amount of 5172,685.60 plus 10% contingency to be funded from Gas Tax Funds. 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OOtn00001000• 6 -• N N O O J 0\01 •• 1n+ VW•+O A PWYYYNNVIN VNN Y1 lT r+WYrOOa n N WNOVwVOI•+YNrOWIO �-•qO (yVOOONtT CIV P•+UbmNVIN OI VIOP 'p VVWYIO WOP� -•Y1Y atDVANWPA1p C � WqN �)O1A •••V Ari1gONYN{� N S OOVIG 0000tH r'VI VI OIOO OI- •NNNOIOOtO OCNYIOYPOONVOIOO O n n L Oa 00000000000A0001 OIY00N00040000WOO V�- •V1000 Z O O �•110000000VO00000OV10000C)O OOOIi0000P00000 H J n G a N P 7 N r W t0 a NOW OV VIp OOYI V NW NI+ r O IO rrrrrVlO•+Ip 01 VI0 Y1NY•Wr00000rtTrWNNOOVINW O•+r O � n N N N N N O O p U10 O O O O w O N O O O O O N O N O b O O O O O N O O N n p 44 o00000000+I O• 00000• o• 0000000000. e m V •+ N W •+ n Ol+r•+ )+ WO IT W WW•-• NYWN01 A 1-•N VA WPNVNO 4 YIOOOpiTWarVn+t000OI QIV ✓0010IWOWOtONVU101VWNOIW NOO S MM F•OpSOrOC•WOOUOO PO OIW 000000000 •+Ob010 VIV Ola VO � pNpOVI VINC00 � YIp 00000 OOOOOOOOOOOOOOOOOONOOOOOOIII000 2 O O O O O O O J O O O O O O O O O O O O O O O O O O O O O O O O O O O O O H S n Oq O Z -1 m O OI-• OWI {•'-II •-1 G ONWY ON VWNNY YI •+r W � N•+ rrrrr000NWO0OIN•+•- •rN6V•VIO rOrWNI+0UNOIr 00t VI VINNN00010WVOVINAANOOOOONONOVOPOOIO OI VI VIN O W 2 � ^ O t( • • OOOVIO V•O OOVI VI. 00000 O. OVIO OOOV1000• R ry H m N r O V N ✓ W N I+N•+ ¢ N••• pI W AYY NpNNVNN Nq WY AVO 7 I..• tp ONOOUNF•VIY PLO OOV ONOI tO tD�NONWNVV1OYtTWYb1001W OOOVNO NtO 7 q W •VOO WIpOOn+•+YWOUp� VOIpUV1N Y1N M O OOOYIO OOOVtnPpOINWO0000 VIV0000 ✓ONO VtnO � M G n g0000000000000OO1A 0000NO000N00000V OtI10J' 2 O O O O O O O O O O O O O O O O O VIO O O O O O O O O O O O O O O VI0 0 0 0 K J 53 N A K K O T O T 0 O s 9 O O yN A t' O N tl0 T 2 m �9 m 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 d T0: City Council and City Manager a > 1977 FROM: Lloyd B. Hubbs, City Engineer BY: Michael 0. Long, Senior Public Works Inspector SUBJECT: Approve and accept the Turner Avenue Improvements completed by Vance Corporation and authorize the City Engineer to file a 'Notice of Completion° for raid project The improvements of Turner Avenue have been completed to the satisfaction of the City Engineer. It is recommended that the Council approve and accept the project, authorize the final pryment and direct the City Engineer to file a Notice of Completion with the County Recorder and release Faithful Performance Bond $173,676.75 and retention $13,737.68. RECOMMENDATION It is recommended that Council accept as complete the lmprovemerts of Turner Avenue and pass the attaches resolution authorizing the City Engineer to file the Notice of Completion and release Faithful Performance Bond -::d retention and authorize final payment. lRespectfully submitkeed, LBH:M L:dlw Attachments RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: i 1. The undersigned is an owner of an Interest or estate in the hereinafter described real property, the nature of which interest or estate is: Turner Avenue Improvements 2. Th• full name and address of the undersigned owner is: CITY OF RANCHO CUCPNONGO, 9320 -C Bate Line Road, P. 0. Box 807, Rancho Cucamonga, California 917.r 3. On the 6th day of August, 1986, there was completed on the hereinafter described real property the work of improvement set forth in the cone act documents for: Turner Avanue Improvements 4. The namr of the original contractor for the work of improvement as a whole was: Vance Corporation 5. The real prcperty referred to herein is situated in the City of Rancho Cucamonga, County of ,an Bernardino, California, and is described as follmws: Turner Avenue Improvements The street address of said property is N/A CITY OF RANCHO CUCPXONCA, a municipal corporation, Owner t uate Lloyd D. Hobbs, City Engineer 55 ■ r F RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA. CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TURNER AVENUE IMPROVEMENTS AND AUTHORIZING THE FILING OF A NOTICE OF COKPLETION FOR THE WORK WHEREAS, the construction of public improvements for Turner Avenue Improvements have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. the City Engineer risORuthorized to sign andtfile hereby the County Recorder of San Bernardino County. 5—� 1 Y 1, u CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 TO: City Council and City Manager FROM: Lloyd B. Mubbs, Citr Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for DR 85 -40 located at 10788 Civic. Center Drive, submitted by James Banks D.R. 85 -40 was approved by the Planning Commission on December 11, 1985. The Developer, James Banks, is submitting an agreement and security to guarantee the construction of the off -site improvements in the tollowing amounts: Faithful Perfomance Bond: $3,500 Labor and Material Bond $1,750 A Letter of approval has been received from Cucamonga County Mater District. C.C.&R.s have been recorded. RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Respectfully submi'tted, G L81:Y /B:dl � ✓ Attachments '57 �s y n�v �-i J J OTRLLL BLVQ, -_ �.. CITY OF RANCHO CUCAMONGA ENGRUMMG DriMON 58 x R; � !7 n'EM: DR 85-40 Trrm- Vicinity Map EDIT: CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREENEAT FOR D.R. 85 -40 KNOk made and THESE this eg of reem ie Municipal Code and Regulations of the City of RancholCucamonga. State of California, a municipal corporation, hereinafter referr- ed to as the City, oy and between said City and James Banks hereinafter referred to as the Developer. THAT, WHEREAS, said Developer desires to develop certain real property in said City located a and t 10788 Civic Center Drive; WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to granting of final Opp-oval; and Improvement Esecuritye execution of this a and posting he City Attorney. are deemed to be equivalent to prior p ompletio t nof said requirements for the purpose of securing said approval. NOW, THEREFORE, it is hereby agreed by and between the City and the Developer as follow.- 1. The Developer hereb; ag•ees to construct at developer all improvements described on page 4 s expense within 12 months from the date hereof. hereof 2. This agreement shall be effective on the date of the agreement, This the sihallebe inadefaultyon approving day ollow- 1ng the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. to complete t eh provisio srOfathis re uest agreement,tin writing notwless than 30 days prior to the default date, and Including a statement of circumstances of necessity for additional time. Ir. considera- tion of such request, the City reserves the right to review the estimate, s e u ng co i andsuff ,cioncyoftheimproveent security, andoto require adjustments thereto when warranted by substantial changes therein. -�9 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be completed by any law- ful means, and thereupon to recover from said Developer and /or his Surety the full cost and expense incurred in so doing. 5. Construction permits shall be obtained by the Devel- oper from the office of the City Engineer prior to start of an Y work within the Publfc right -of -way, and the developer shall conduct surh work in full compliance with the regulations contained therein. Hon - compliance may result in stopping of the work by the City, and assessment of the penalties provided. 6. Public right-of-way improvement work required shall be constructed in contormsnce with approved improvement plans, Standnid Specifications. and Standard Drawings and any special amendments thereto. Construction shall Include any transitions and /or other incidental work deemed necessary for drainage or public safety. Errors or ommissions discovered during construc- tion Engineer. Revised work due ditection of ccvored by the provisions of this agreement and secured by the surety covering the original planned works. 7. Work done within existing streets shall be diligent- ly pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover ,11 cost and expense incurred from the Developer and /or his contractor by any lawful means. 8. The Developer shall be responsible for replacement, relocations, or removal of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the public right -of -way. 10. The Developer snall plant and maintain parkway trees as directed by the Community Development Director. 11. The Developer to guarantee rcompletion cof lthe terms of rthiseag agreement snall be subject to the approval of the City Attorney The prin- cipal amount of said Improvement security shall not be less than the amount s;,own: ;.. , 60 FAITHFUL PERFORMANCE Type: Principal Amount: $3,500.00 Name and address of surety: MATERIAL AND LABOR Type: Principal Amount: $1,750.00 Name and address of surety: CASH DEPOSIT MONUMEMTATION Type: Principe) Amount: N/A Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, a parties hereto have caused these presen6s to be duty axoc 2g d acknowledge with al orgaltties required by law on tho tas /f et fart oslte r ignatures. Date IL _I..I.. I986 by , gna u e Developer r n e Date__ by ur ereloper Ina ure HA A'gEg r3ArIKc "u,�ee Accepted: City of Rancho Cucamonga, Califo,n)a A Municipal Corporation • By: Mayor Attest: Y er Approved: ��fiY�1 orney ' DEYELO AND, CONPLNETED 1M TRIPLIg CAN E ARIZED > t CITY OF RANCHO CUCAWWA ENGINEERING DIVISION EYCROACIXEMT PERMIT FEE SCHEDULE For I Date: File NUTS: goes not include current fee for Writing peraft or pavement deposits QUANTITY UNIT ITEM PRICE AMYIUNT 33 L.F. P.C.C. curb only 5.50 181.50 S.F. 4' P.C.C. s3dev4lR 1.75 -- 7537007- S.F. Drive ipproach 2.50 —30— L.F. Removal of P.C.C. curb 3.30 —_.- 2— EA Outlet structure, Std /SOY 1500.00 ENGINEERING INSPECTION FEE f 175.00 S10 TOTAL $3$3 1 --e109 50 •RESTORATION /DELINEATION CASH _n7mmou— CONTINGENCY COSTS DEPOSIT (REFUNDABLE) _ RRAU r CNMONUMENTATIONURETYCASH) N/A LABOR PERFORMANCE *Pursuant to City of Ramp Cucaeionga Nuefcfpal Code, Title I, Chrpter 1.08, adopting San Rernardioo County Code Titles, Chapters 1 -5, a cash restoration /delineation deposit shall be mde prior to issuance of an Engineering Construction Peewit. Revised 3/84 tt I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 85 -40 aHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on July 16, 1986, by James Banks as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at 10788 Civic Center Drive; 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 Commission, Development Review No. 85 -10; and WHEREAS, said Imorovement Agre.,nent is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED 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 cn behalf of t',e City of Rancho Cucamonga, and the City Clerk to attest thereto. s ff i G CITY OF RANCHO C'UCAMONGA STAFF REPORT DATE: August 6, 1986 g" TO: City Council and City Manager u. FROH: Lloyd B. Hubbs, City Engineer BY: Michael D. Long, Senior Public ih.rks Inspector SUBJECT: Approve and execute Professional Service Agreement with NOS /Lowry for the project management, surveying and inspection of the improvement of the Archibald Avenue Sidewalks in the amount of $18,163.CO to be funded from SO 325 Article 3 and Beautification Funds On July 2, 1986, Council awarded this project. Engineering staff received a proposal from NBS /Lowry Engineers and Planners for construction managemant In the amount of Si8,163.00. SuF,aitted for approval and execution is a Professional Services Agreement in the amount of $1.6,163.00 to be funded from SB 325. RECOMMEMDATIDN It is recommended that City Councii approve and execute the Professional Services Agreement in the amount of $18,163.00 to be fuiWed from SO 325 for the construction managemen. of the Imprumnent of Archibald Avenua Sidewalks. PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 6th day of August , 1986, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY ") and NBS /Lowry (hereinafter referred to as *CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation oS construction management for the Improvement of Archibald Avenue Sidewalks ( "Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOV. THEREFORE, it is agreed by and between CIFY and CONSULTANT as follows: B. Agreement, 1. Oefinit5ons: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The development of construction manaaement of the The Improvement of Archibald Avenue Sidewalk described in Exhibit "A" Scope of Services hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. -1- a W 'Yi. M Services: Such P"Ofessional services as are necessary to be perfemied by CONSULTANT in order to complete the project. (c) Completion of Probst: The date of completion of all phases of the project. Including any and all procedures, development plans, maps, survey:, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project acceptance for corstruction Is set forth In Exhibit 00" Project Schedule attached hereto. 2. CONSULTANT Agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project In accordance witn Exhibit 41° and applicable with Federal, State and CITY statutes, reg,ilations, ordinances and guid,.lines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents') including all supplemental technical documents, as described in Exhibit "A' to CITY within the time specified in Project Schedule, Exhibit 084. Copies of the documents shall be in such numbers as are required by Exhibit "A ". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents I.. such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT. CONSULTANT hereby warrants that such arsons shall be full qualified to perform services required hereu "der. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written apprnval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $18.163.00 for the performance of the services required hereunder. This sum shell cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment e i, to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth in Exhibit W. (b) Payments to CONSULTANT shall be made by CITY In accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoic•ss shall be paid within a reasonable time after said invoices are received by CITY. All charges shall Iw det +tied in Exhibit "C" either with respect to hourly rates or Imp sum amounts for Individual tasks. In no event, however, will said Invoices e)ceed 95% of individual task totals described in Exhibit W. (c) CONSULTANT agrees that, In no event, shall CITY be required to pay to CONSULTANI any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY Final payment shall be made not later than 60 imys after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth to Exhibit "A" hereof, shall be paid on a reimburseaent basis in accordance with the fee schedule set forth in Exhibit "C ". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographicelly reproducible copies of maps and other Information, if available, which COh.".ULTAIIT considers necessary in order to complete the project. (c) Such information as 1s generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. However, It shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, date+, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT -3- 9 r ti pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials %hall be detiverd to CITY by CONSULTANT. CONSULTANT may, hOwLVer. make and retain such copies of said documents and materia's as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site Intended or any alteration of revision of the plans or specifications by the CITY, Its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY, its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written 'Notice of Termination' to CONSULTANT at lease fifteen (15) days prior to the date of termination specified to said Notice. In the event this Agreement 1s so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "Co, an a pro- rate basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified to paragraph 3 (a), abovo. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photog,aphs and reports, whether In draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate tnis Agreement except for cause. 7. Notices and Designated Representatives Any and all notices, demands, irvoires and written comounications between the parties hereto shall be addressed as set forth in this Paragraph 7. The below named individuals, furthermore shall be those persons primarily responsible for the performance by t5c pa.,ies under this Agreement: Mike Luna, Senior public Works _ Inspector for the City o° Rancho Cucamrnga and Jahn Feeastra for NBS /Lowry Any such notices, demands, invilces and written communications, by mail, :hall be deemed to have been received by the addressee forty -eight (46) hours after deposit thereof in the United States mail, postage prepaid and proporl,i addressed as set forth rbove. -4- M B. Insurance: CONSULTANT shall neither commence work under this Agreement until it nas obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow Nny subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take oti and maintain at all times during the term of this Agreement the follcr•ing policies of insurance: (a) Yorker : Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that It has taken out full workers' compensation insurance for all persons whom It may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTRIT prior to commencing work, shall sign and file with CITY a certification as follows: 'I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self 1n,urance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement' (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be Kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT. comprehensive, broau form, general public liability and automobile insurance against clafiaz and liabilities for personal injury, death, or property damage arising from CONSULTAIT's activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to anyone person or for any one accident or occurrence and at least One Million Dollars ($1,000,000 00) for property damage (c) Errors and Omissions: CONSULTAIT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions (`malpractice') providing protection of at least $1,000,000 for errors and omissions ('malpractice') with respect to loss arising from actions of CONSULTANT performing engineering 1` services hereunder on behalf of CITY. -5- 69 (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible Insurance cuvpanles licensed to do business in the State of Californir, and policies required under paragraphs 6.(a) and (b) shall name as additional insureds CITY. Its elected officials, officers employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer, insured and all subcontractors waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and ager* -* (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, cr certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under Ajc- Agreement. 9. Indemnift_ation: CONSULTANT shall dWr 4 1nd'emnlfy and save harmless CITY, Its elected and appointed officials, officers, agents and employees, from all liability fro^ loss, damage or injury io persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, In any manner arising out of any negligent or ,ntentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or In part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and Its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CIT7. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is Instituted to enforce any term or provision of the Agreement, the prevailing party in safe legal proceeding shall be entitled to recover attorneys' fees and costs frcm the opposing party in an amount determined by the Court to be reasonable. -6- 14. Eatire Agreement: This Agreement supersedes any and all other < agreements, either oral or 4•• writing, between the parties with respect to the subJect matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained to this Agreempnt shall be valid and binding. Any modification Of this Agreement shall be effective only If it 1s in erlting signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement ' as of the day and year first so,: forth above: , CONSU 1T _ / tW /' �. �LCIt.�y ate ,j ' CI'- OF RANCHO CUCAMONGA e rey n3, ayor --jla te' ATTEST: t ;Y/ p ,• Beverly A. Aut a et, City Z er _7_ Approved as to form: ty ttorney r t v: EXHIBIT "A• SCOPE OF SEP;iCES The Consultant shall provide and /or maintain Project Administration, Project Inspection, Constructior files, Construction Surveys, As Built Plans based on the City's method of project management. The orioloal construction files along with the original and 5 copies of the fin,*. report shall be submitted to the City as designated In %aragraph 2(b). One (1) each of the 'Weekly Statement of Worl.ing Days' and a project progress report shall be submitted tc the City on a weekly basis beginning one week after the date specified in the 'Notice to Proceed`. Also, a semi detailed project time sheet shall be submitted for each employee actiee on this job on a monthly basis. Reimbursement for services rendered shall be made every 30 days with final payment being made within 60 days after completion of services designated here +n. n awr� UNISIT 'e- PROJECT SCHEDULE t`. The Consultants active participation in this project shall begin at the preconstruction meeting and shall end upon final acceptance of the Final Report by the City. Projec, files and the final report shall be submitted to the City no later than 20 days after final project acceptance by the City Council. r ` ," 73 ti .y V, k' ;4 EXHIBIT "C° ENGINEERS S PLANNERS July 10, 1986 Lloyd B. Hubbs City Engineer City of Rancho Cucamonga 9320 Baseline Road, Suite — C-P.C. Bnx 907 Rancho Cucamonga, CA 51730 CONSTRUCTION MANAGEMENT PROPOSAL ARCHIBALD AVENUE E DE;NALICS IMPROVEEMENT "Cc, CITY or P4NCII 79 JN AAjG71f 1 Oa June? 26, 1986, we were asked to submit a Fr000sal for construction management on the above referenced project. NDS /Lowry will provide construction management services on an hourly basis in accordance with the attached "Schedule of Hourly Billing Rates% SCOPE OF WORK Construction Management • Pre - Construction Conference • Pay Estimates • Contract Change Orders • Labor Compliance Enforcement • ?Anal Report • As -Built Drawing, Inspection • Full -Time Inspection and Documentation Of Work • Enforcement Of Traffic control Requiremants • Before and After Photographs Soils Testing and Plant Inspection o By Others �. Construction Stnking ' o As Needed by Contractor 400 S Raman Ave. • Suite 116 • Comna, CA 9419.1424 • (714) 3n3174 e Lloyd B. Hobbs City of Rancho Cucamonga Coastruction Management Proposal July 10, 1986 Page 2 QUALIFICATIONS NHS /Lowry is providing construction management services from our Corona Office on a variety of projects throughout South- ern California. These include HUD funded projects; Assessment District projects; Caltrans funded projects for freeway related utility relocations; Federal Aid Urban projects; and Inspection services for the U.S. Navy at the China Lake Naval Weapons Center. A list of current projects and relarences will be furnished upon request. The scope of work and hours are estimated from the best informa- tion avrilable at this tima. After receipt of the contractors schedule these numbers can be adjusted to fit actual .•,ntract time and desired work coverage. Our inspector for this project will be Pam Cousins, who is currently the inspector for the City on the North Town -Phase IV and Turner Avenue Improvement projects. K. P uTRA P ncipal Engineer : Sandy Brady 7S 0 COMVENSATION Compensation is proposed on an hourly basis per attached rate schedule. Eatimated costs, assuming a six (6) week construction period, is as follows: Construction Management Construction Danger 40 Hours @ $65.00 $ 2,600 O£fice Engin.er 12 Hours @ 51.50 618 Administrative Secretary 16 Hours @ 34.00 544 Drafter 16 Hours @ 43.00 688 Mileage 500 Total Construction Management $ 4,550 Inspection Inspector (30 Daya) 240 Hours @ $36.50 $ 9,240 Mileage 800 Total Inspection $10,040 Construction Staking (2 -Man Survey Crew) Estimated Rata Per Estimated Task Hours Hour Cot Sidewalk Stakes 4 $125.00 $ 500 Retention Wall 4 125.00 500 Curb Stakes 10 125.00 1,250 Planters 3 125.00 375 Survey Supervision 6 58.00 348 Survey Research 4 50.00 200 Total Construction Staking $ 3,173 TOTAL ESTIMATED rEE: $18,163 R. �� 3 CITY OF RANCHO CUCAMONGA c� STAFF REPORT a DATE: August 6, 1986 Ell TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: ACCEPTANCE OF BASE LINE ROAD I"PROVEMENTS BETWEEN TEAK WAY t N H _t ND APFKUYt tIKAL LXPLNLJLIURE Base Line Road Improvements between Teak Way and Haven Avenue have been completed in accordance with the plans and specifications. The final construction cost of the project, which included five contract change orders, is $587,490.10. The original construction amount approved by Council was $587,632.59. RECOMMENDATION It is re,ommended that the City Council accept the project as completed, authoriz. the City Engineer to file a Notice of Completion with the County Recorder, authorize the release of the Faithful Performance Bond and authorize the release of the Project Retention and Labor and Materials Bond thirty -five (35) days after recording of said notice if no claims have been filed. Respectfully submit tFl. LBVdlw attachments F+ � 1. i .t J �" r- 77 iI Y RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: 1 CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cuc:anonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1 The undersigned is an owner of n interest or estate in the hereinafter described real property, the nature of which interest or estate Is: 1. Base Line Road Improvements between Teak Way and Haven Avenue. 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA. 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga, i California 91730. 3 On the 21st day of April, 1986, there was completed on the hereinafter described real property the work of improvement set forth in the contract documents for: Base Line Road Improvements between Teak Hay and Haven Avenue "c 4. The name of the original contractor for the work of improvement as a whole was: i� La1rL' Construction Company ;. 5. The real property referred to herein is situated in the City of v; Rancho Cucamonga, County of San Bernardino, California, and is described as �., follows: �r }� Base Line Road Improvements bet%aen Teak Way and Haven Avenue - .r �+ The street address of said property is N/A CITY OF RANCHO CUCAMONGA, a eunictpal corporation, Owner 1 w.� 79 h:. '''°' ;✓y.��fxT„5 •:'' ate Llnvd R Hu6TC rtty Fnn /„ee,., r. :i RESOLUTION NO. p% — ;)Q / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR BASE LINE ROAD IMPROVEMENTS BETWEEN TEAK HAY AND HAVEN AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Baseline Road Improvements between Teak Way and Haven Avenue have been -ompleted to the satisfaction of the City Engineer; and WHEREAS, a Notice of Complet•on is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, ti,at 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. �r s ,1 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 1977 T0: City Council and City Manager f •31: Lloyd B Hubh:, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Final Maps, Improvement Agreements, Improvement Securities and Agreements for Postponement of CC&R's for Tract Nos 13057„ 13058, 13059 and 13060 Tract 13057 1:059 and 13060 were approved by the Planning Connlssion on May 14, 19£76. Tract 13053 was approved by the Planning Commission on May 28, 1986. All four tracts are located in the Victoria Planned Community Development District located north of Southern Pacific Railroad and cast of the Deer Creek Channel. The Developer, The William Lyon Company, is submitting agreements and securities to guarantee the construction of the off -site improvements in the following amounts: TR 13057 TR 13058 TR 13059 TR 13060 Faithful Performance Bond: $460,000 1750,000 $506,000 $48.1,000 Labor and Material Bond: $230,000 $375,000 $253.000 $240,000 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. Agreements to guarantee completion of CC&R's prior to Issuance of building permits have been entered into by the developer RECOWNDATION It is recommended that the City Council adopt the attached resolutions ap -)roving tLe Final Maps of Tracts 13057, 13058, 13059 and 13060, accepting and City Clerk o sign said agreements vand ito cause usaid imaps and the Agreements to guarantee completion of CC&R's to record. es tfully submitted, r 7 Att7chmtits r,4 0� U A, Oa,nnry : W tun rs esuu14ia eW!S,en IMS 1955 JOHN E MCMURTRY SL OW,ndmt DEAN R. ENFIELD M14nvIW1,11 Peatvulai MILLY STRAIN July 23, 1906 NA1"A'Maidpw /em Data STACY NFAMN Business Servho LETTER OF CERTIFICATION OF SCHOOL DISTRICT CAPACITY Alta Loma School District hereby certifles that adequate capacity will exist in said district to serve students generated by th,, build out of the following project: Tract /Project No. 13057 Dnvelcper Nllliam Ligon Compan cu o s en , ss o er reek anM Location 'forth of Baseline, Noot of Milliken Total Units in Tract or Project 142 Sirale Family The above - stated certification shall expire 90 days from the date of this letter unless the final map far auhjoct tract Is app•oved al, the City of Rancho Cucamonga within that 90 day period or unless building permita have been icsuad within that 90 day period for those residential projects not having a tract map The commitment set farth in this letter only is valid to allow the issuance of building permits for dwelling units when the most recently adopted rase established by the Board of Trustanv related to those dwelling units have been paid as ovidanced by a receipt supplied to the City'a Community Davulopmont Director or his designee. r ✓- A hori5xtl AJont - -- 8a - BOARD OF TRUSTEES ROBERT S, FROST MRS. LIZ OALLArINI MRS. SANDRA A. OERLY ROBERT IM TANGEM, Alta Loma School District- *%SO•F Baseline Road a Post OR1Ce Bos 370 • A'L Lolna, CaL'fotnb 91701 • 714/967.07K Oa,nnry : W tun rs esuu14ia eW!S,en IMS 1955 JOHN E MCMURTRY SL OW,ndmt DEAN R. ENFIELD M14nvIW1,11 Peatvulai MILLY STRAIN July 23, 1906 NA1"A'Maidpw /em Data STACY NFAMN Business Servho LETTER OF CERTIFICATION OF SCHOOL DISTRICT CAPACITY Alta Loma School District hereby certifles that adequate capacity will exist in said district to serve students generated by th,, build out of the following project: Tract /Project No. 13057 Dnvelcper Nllliam Ligon Compan cu o s en , ss o er reek anM Location 'forth of Baseline, Noot of Milliken Total Units in Tract or Project 142 Sirale Family The above - stated certification shall expire 90 days from the date of this letter unless the final map far auhjoct tract Is app•oved al, the City of Rancho Cucamonga within that 90 day period or unless building permita have been icsuad within that 90 day period for those residential projects not having a tract map The commitment set farth in this letter only is valid to allow the issuance of building permits for dwelling units when the most recently adopted rase established by the Board of Trustanv related to those dwelling units have been paid as ovidanced by a receipt supplied to the City'a Community Davulopmont Director or his designee. r ✓- A hori5xtl AJont - -- 8a - BOARD OF TRUSTEES ROBERT S, FROST MRS. LIZ OALLArINI MRS. SANDRA A. OERLY ROBERT IM TANGEM, CHAFFEY JOINT UNION HIGH SCHOOL `DISTRICT 211 WEST "*TH STREET". OHTAAIO, CALIFOnNIA 91762.1698 • (714)9aita51t 5Wxv aba[[u Nwoe[bw[.wbw[ Auae[bww+wron YP[D. Vi,i 1 AOrN[[.MPonoma Dun[ z.ftft Mx[ 1y^„en �WxD 01TIMT[U' Wn E xwT. M a W^^• iipa J b . c" J umuy. a..mW WW Ju-X 13, 1966 LETTER OF CERTIFICATION OF SCHOOL DISTRICT CAPACITY (Will Serve Letter) Cha e, Join.' 0aion High Schoot pigbtict hereby cerr ifies that adequate capacity wi 1 ex 1st i—n sa ddutnct to serve stWents generated by the build out of the following project Tract/Project 0 13057 Developer 9litu= Luon Location_ Victoria CM ^ ^ ^6 ISDt.th o Hi htand) Total Units In Tractor Project_ , d2 SF _ The above- stated certification shell expire 90 days from the date of this letter unless the final map for subject tract is upproved by the City of Rancho Cucamonga within that 90 day period or unless building permits have been issued within that 90 day period for those residentlaf projects not having a tract map. 1 The commitment set forth in this letter only Is valid to c11ow the Issuance of building permits for dwelling units when the most recently adopted fees established by the Board of Trustees related to those dwelling units have been paid as evidenced by a receipt supplied 10 the City's C'ommuni`y Developmers,,,Directtoor or his designee. "—{S 2r , ar 121035w gmnur o Lstr et's u or zed gent STEPHEN 1 SUMERS piaectoA BuA6 ne-,d SeAaiced s' W.pIW l' [y UJW . Ou1rLY WOK[ nK'�TDY . au[T . WuN . [M�ar4 . vNC1�W . WI,�O . 46tYO'. WLL[v Y[M 1 ROBERT NEU IELD CUCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL LLOYD W. MIC MA[t ., Ouu Nv x�• N.r.e •a .L .�OYn. a . r n:ao . J mK :aa Dimbr, �a Hama, EARLE R ANDERSON VICTOR A. CHERBAK, JR P-4.1 BEVERLY r BRADEN CHARLES A..V.!EST August 15, 1985 City of Rancho Cucamonga Engineering Dcpartnent P. 0 Box 807 Rancho Cucamonga, California 91730 Attention: Barbara Krell Gentlemen: The Uillicnl Lyon Company, Developer of Tract No. 13057, situated in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faitnful Performance Bond, and a Utilities Improvement Agreement for the waterline and sewerline construction for said tract These bonds and agreements are oeing accepted by this District as an assurance that said improvements will be provided, as stated, within the .,oundaries of the Cucamonga County Water District At this ti.mc, the waterline and sewerline improvement plans have not been approved by this District If you have any further questions concerning this matter, please contact the undersigned. Yours truly, CUCAlIOAGA COUNTY WATER DISTRICT Betty F L 4� Secretary b r. 8� -i „ °. Alta Loma School District 93so -F Baalinc Read c Past (ltice Box 370 a Alta Lamy Califo,nla 91701 c 714/987.0766 JOHN E. MCMUXTRY.. Supe.InsrnQrnt � DEAN R. ENFIELD or..w. PraowmrLPupU PmomW ,uy tw ion 1995 ns rNW,an MILLY SIRAIN tees tses Curdmium/Sprnal p,1,, luyt- " ^laac :TACY NELSON Date Buones Srrrlto LETTER OF CERTIFICATION OF SCHOOL DISTRICT :APACITY Alto lama School District hereby cartifloa the: ndegiatte repoctty *All exist in slid district Lo servo stude.ata gmtucatod by 0a bul)d out of the folkwing project: Tract /Project No. t305B Devolopnr South or Highland, East or Dear Creek Channel Location �Lorth or Rna..itnn Went DE 14111,kpn Total Units in Tract or Project ?nt glnnle Fnmi IX The above- stated certification shall expire 90 days from the date of this latter unless the final tap for subject tract is approved by the City of Rancho Cucomonga within that 90 day period or unleas builOing permits have been issued within that 90 day period for t' -� realdrntial projects not having a tract map. The cetnnitment sot farth in this letter only is valid to allow the issuance of huilding permits for Melling units nhon the most recently adopted fees ostabliahad by the Board of Trustees related to those dwelling units have been paid as evidenced by a receipt supplied to the City's Community Developmont Director or his desigrsa. /L,, ,/- �a _,,_ I thor re Agent 1° BOARD OF TRUSTEES HN Ct BOOK ROBERT S. FROST MRS. LIZ GALLARINI hIM SANDRA A. OERLY 8QDER7 W. TANCE r CHAFFEY JOINT UNION HISH SCHOOL DISTRICT 211 WEST FIFTH STREET. ONTARIO. CALIFORNIA (71762.1696 • (714)960-8511 Fwwnwnw'+d &AOOb AwoA. 6•v^^"r�'d ��•� 6.o«+a.•.ur 44 D. aNwn Mmmv tdliww�r'd b • IUD W,n L tents ,n. ",Ass DF 7" 7199 x.maw E. x.ar • M a 14 • "W J WC CNw..I Ix�.wY • Oa,b W WN Juty 23, 1996 LETTER OF CERTIFICATIO14 OF SCHOOL DISTRICT CAPACITY (Will Serve Latttr) CIA ifell J tint Ln, on IUgh Sehoot Nzf ,tct herel y certifies that edecu ate capa ad ex f t i o cty 1• ersueneeroted'ry the built: out of the following projects Troct/Project 0 13059 Developer IOtLUarn Lyon Location VictoAla Gtovi,6 (South o6 Htahtandl Total Units in Tract or Project_ 201 -"F The above- stote•1 rertificatlrA •half expire 90 days from the date of this letter unless the final mup for subje.r tract is approved by the City of Rancho Cucamonga within that 90 day period or units+ building permits have been Issued within that 90 day period for those residential projects not hewing a tract map. The commitment set forth in this letter only is valid to allow the Issuance of building permits for dwelling units when the most recently adopted fees established by the Board of Trustees related to those dwelling units have been paid As evidenced by a receipt avpplied to the City's Community Development Director or his designer. � gnat a Istnet s ut onze Agenf STEPHEfI L. BUTT' RS • DlA¢ctot 6a6ine46 SCAViCCA = tadas� uw Law . cwnr+.axr rt4r.rov .wen • Ddwa. • nmuA.. •rorn.a . ous.w • uwuo . r.u[. vtn t .� ,. -p� ?' CUCAMONGA COUNTY WATER DISTRICT v�r anry ame.,m +o .+o .�avoneA. �¢✓ mro a. nrY .ea .n av t ' VICTOR A. CNERBAN. JR F,.Ht.., August 1;, 1x85 City of Rancho Cucamonga EngineerJng Departmovt P. U. Boa 807 Rsnrh:) Cucamonga, Californit s1131i At- entiorI Barbara Krall /.s•: l,�M1t. •.4 c� . n � VL..!'m ' ROBERT NEVFELD .. LLOYD W. MICHAEL IX.w CAVILS R. ANDERSON BEVERLY B A L CNARLES A. WEST GenLlemen The I`lil.. am Lyon Company, Developer of Tract No. 13058, situated in P.ancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Performance Bond, and a Utilities improvement Agreement for the waterline and sewerline construction for said tract 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. At this time, the waterline and seworllne improvement plans have not been approved by this District. If you have any further questions concerning this matter, pleasr contact the undersigned. Yours truly, CUCAMONGA CCUNTY WATER DISTRICT Betty F orb, Secretary b _ _ p F2 .i k ��r �x� CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 211 WEST FIFTH STREET, 0WARio. CMIFORNIA 91762.1698 • (714yJaile5tt sw.++m a&rota Ifh a. n�MAYAfwi IW.wMI s„p.Nlnq,ry nW L. LIMMa NLMIOn M111 e. MMhM /a,UIO OF TAMCH. eaNMn l ". eat c Mann , an, J 6 . G J Ma y . aeau w wns July 3, 1986 LETTER OF C.ERTIFiCATION OF SCHOOL DISTRICT CAPACITY Will Serve Letter) Cheffe Joint Union High Sctnol X trio hereby certifies that adequate eopacTwl ewst In sal dlsfr et Fo serve at ents generated by the build out If the following project: Tract/Project 0 13059 Developer William Lyon Location Vittorio Total Units in Tract or Project +37 SF The above- seated ce•tificatfon shall expire 90 days from the dote of this letter unless the final map for subject tract Is approved by the City of Rancho Cucamonga within that 90 day period or unless building permits have been issued within that 90 day period for these residential projects not having a tract map. The rommilment set forth in tnis letter only is valid to allow the issuance of building permits for dwelling units when the most recerdly adopted fees estalt;Nhed by the Board of Trustees relottd to those dwelling units have been paid as evidenced by a receipt supplied to the City's Community Development Director or his designee. r Ignature at L' tsi r'ry athor :e gent 81irF704 L. BV11PI75 Dizuctor Business Secvicy6 The William Lyon a. 9540 Archibald Ave. Spite 8 Razic so Qrancnga. CA 91730 �lHM MpuII,ryU. y,nn/b.l mrn,.rn. n.J„ - �� .r _ Alta Loma School District 93S0•F Baseline Road . rose ORlce Box 370 . Alul Loma. California 91701 . 710/987.0761 Oh+wwN Ixl sun oIN nNknn lags 19x3 $ JOHN E. MCMURTRY ' .s3merintendeat DEAN R. ENFIELD Prnsa nekpapd Petsennel MILLY STRAIN July 2, 1986 Cvr7IMhmVSFft1d pffl/" Date ' STACY NELSON UusNers Srrvkn LETTER OF CERTIFICATION OF SCHOOL DISTRICT CAPACITY Alto Low School District nereby certifies that adequate coprcity will exist in said district to serve students generated by cle build out of the following project: Tract /Project No. 11nso Developer wi -'i; i y.... South of Highland, Location rnnF of nbnr rrnnt, r6ynaiNn.Ih of S. P_R_R. Total Unite In Tract or Project 177 single rnmlty The above - stated certification shall expire 90 days from the - date of this letter unless the final map far subject tract in approved by the City of Rancho Cucamonga within that 90 day period or unless building perAita have been issued within that 90 day period for those residential projects not having a tract map. The commitment net forth in,this letter only is valid to allow the issuance of building permits for dwelling unite when the moat recently adapted fees established by the Board of Trustees related to thooa dwelling units have bean paid as evidenced by a receipt supplied to the City'a Community Development Director or his designers. ��, ir/ y'e — /Author red Agent 89 B,'IARD OF TRUSTEES JOHN C BOOK ROBERT S. FROST M11S. LIZ GALIARINI MRS, SANDRA A. OERLY ROBERT {V. TANGEMAN., August 15, 1985 City of Rancho Cucamonga Engineering Department P 0. Box 807 Rancho Cucamonga, California 91730 Attention: Barbara 8rall Gentlemen: The William Lyon Company, DRVelopor of Tract No 13059, aituatod in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Performance Bond, and a Utilities Improveme— Agreement for the waterline and sewerline construction for said :t. These bonds ,.nd agreements are being accepted by this District as an assurance that said improvements will be provided, as stated, w1L.'n the boundaries of the Cucamonga COUDLY Water District. At this time, the waterline and sewerline improvement plans have not been approved by this District. If you have any further questions concerning this matter please contact the undersigned. Yours truly, CUCCAMM�ONGA COUNTY WATER DISTRICT DC/ py �U�n Busty Fie Secretary 7, Y I i N pydw, � ! ROBERT NEUIELo � CUCAMONGA COUNTY WATER DISTRICT LOY LLgD W. . MI CHAIL ow ao, s,. ...v.o •n _t_...Rm. _.w n>oa , ua .�� .a• :vm EA EAR LE R. ON VICTOR A CHCRBA K. JR., rnN,q BEVERLY ER C. BRAD CHARLES A. WEST A WEST August 15, 1985 City of Rancho Cucamonga Engineering Department P 0. Box 807 Rancho Cucamonga, California 91730 Attention: Barbara 8rall Gentlemen: The William Lyon Company, DRVelopor of Tract No 13059, aituatod in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Performance Bond, and a Utilities Improveme— Agreement for the waterline and sewerline construction for said :t. These bonds ,.nd agreements are being accepted by this District as an assurance that said improvements will be provided, as stated, w1L.'n the boundaries of the Cucamonga COUDLY Water District. At this time, the waterline and sewerline improvement plans have not been approved by this District. If you have any further questions concerning this matter please contact the undersigned. Yours truly, CUCCAMM�ONGA COUNTY WATER DISTRICT DC/ py �U�n Busty Fie Secretary 7, Y I CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 211 WEST FIFTH STREET, ONTARIO, CALIFORNIA 91762.1698 • (714)9886511 EywmMwsnM &ANY AG EWrtw`FNwr Au GOwvrrVrn f1Ar0 Dow. AOn.lYyrbJrYrwrY1 lYYyt1M owl L femgrn MM a hY n eo"M OF TNateeE: w a Iw•y • On a &t • ftr , J Ernr • C . A a , • OreW vI YR July 3, :986 3 LETTER OF CERTIFICATION OF SCHOOL DISTRICT CAPACITY i (Will Serve Letter) Ctaffay Joint Univ. High School Ulatrlet hereby eertlfles that adequate ccpac ty wi �.tlsj r,uirTdisir ct to serve students generated by the build out of the following projects Tract/Project 0 13060 Developer _ W111em Lyon Location Victoria Total Units In Tract or Project 86 SF The letter Wins the final forrsubjectotract shall is approved days y the Cty date Rancho Cucamonga within that 90 day period or unless building permits have been issued within that 90 day period for those residential projects not having a tract map. f The commitment set forth In this letter only is valid to allow the issuance t of building Board of Trustees elated to units when those dwelling most unitsehave' been adopted paid s evidenced by a receipt supplied to the City's Community Development Director or his dnlgnoa tgnaturo o Iuthor 2ttl genlittl gent 67EPHEN L. BUTTERS Mrectm Bus ness Services Me William Lyon Co. 8540 Archibald Ave. Suite B Raly to Cucamangn, CA 91730 Ci r i0e004� 4iA r lfwl. rMAe111 ApA.1fdR1IW1. Wn[Y.ey.Y. y, ITYYOI Yplry'jyi•yn,pb •vy,.eQ.YHItV YYW 1 e a' Alta Loma School District• 9350•F BaaeUne Road a Poe OBICe Box 370 • Aire LOMA. California 91701 • 71419117.0766 Obu lea too yon of eduraety du'dlrn INS INS JOHN E. MCMURTRY, SLpennandmr DEAN R. ENFIELD PmoanrlrPupd Pmonnd MILLY STRAIN Wrkvlunt 'SperR•1 ftJrctt July 2, 1986 STACY NELSON Date fiUm f Semen LETTER OF CERTIFICATION OF SCHOOL DISTRICT CAPACITY Alta Lcma School District hereby certifies that adequate capacity will eyist In cold district to servo students generated by the build out of the following projact: Tract /Prujoct No 13060 Devolope: William Lyon Company South of Illghland, Locatior• �a� er no,.. r.,.,.1. rl.,,n�..r u.. e•y6 ..r c n n,R, Total Imps in Tract or Project p(, sl rho shove- stated mortification shall expire 90 days from the date of thla letter unless the fincl Map for subject troct Is approved by the City of Rancho Cucamonga within that 9D day period or imleao building permits have been isauod within that 90 day period for those residential projects not having a tract mop The ccoanitolent eat forth In this letter only is valid to allow the issuance of building permits for dwelling unit., when the Most recently adopted fees established by the Board of Trustees related to those dwo111ng units have been paid as evidonced by a receipt suppliod to the City's Cafnmafity Devolopmant Director or his doslynee. l �. �✓ r- , .— uthori sJ Agenen t I r BOARD OF TRUSTEES B001.'' ROBERT S. FROST MRS. LIZ GALLARINI MRS. SANDRA A. DULLY ROBERT IV. 3 ■I Gentlemen: The William Lyon Company, Developer of Tract No. 13060, situated in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Performance Bond, and a Utilities Improvement Agreement for the waterline and oewerline construction for said tract. These bonds and agreements are being accepted by this District as on assurance that said improvements will no provided, as stated, with.: the boundaries of the Cucamonga County Water District. At this time, the waterline and sewerline improvement lans have not been approve by this District, P If you have any further questions concerning this matter, please contact the undersigned Yours truly, CUCAMONG.i COUNTY WATER DISTRICT Betty Fien Secretary b 9-3 n. VV afl_+9r./ v`•�U U YWJ.rw/M ROBERT NEUIELO CUCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL un ue a[�s.uo.o +� :_e.rew� ...v m:e • e .m eJ♦ NrwNn VICTOR A. CHERBAR. JR. l•m e,, CARLE R. ANDERSON BEVERLY E. BRAOEN CHARLES A WEST August 15, 1905 City oL Rancho Cucamonga Engineering Department P 0 . ox 007 ' Rancho Cucamonga, California 91730 Attention, Barbara Krell Gentlemen: The William Lyon Company, Developer of Tract No. 13060, situated in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Performance Bond, and a Utilities Improvement Agreement for the waterline and oewerline construction for said tract. These bonds and agreements are being accepted by this District as on assurance that said improvements will no provided, as stated, with.: the boundaries of the Cucamonga County Water District. At this time, the waterline and sewerline improvement lans have not been approve by this District, P If you have any further questions concerning this matter, please contact the undersigned Yours truly, CUCAMONG.i COUNTY WATER DISTRICT Betty Fien Secretary b 9-3 n. CITY OF RANCHO CUCA�40MOA IMPROVEMENT ADREDM FOP. TRACT NO. 13057 KNOW conformance the plrovisionstofhlthegSubdivisionmMap Act of e the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and The William Lyon hereinafter referred to as the Developer WITNESSETH: THAT, WHEREAS, sa!d Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tract No. 13057; and WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to approval of said subdivision generally located in the Victoria Planned Community. NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 6 here -of within twelve months from the effective date hereof. 2. the Council of sagreement id City approving thiscageement. This agreement shallibe in default on the day following the first anniversary date of said approval unless an extension of time has been granted by said City a- hereinafter provided 3. The Developer may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall ccntain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right 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. S. The Developer shall provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 8540 Archibald Avenue, Suite B Rancho Cucamonga, CA 91730 9� r 6 The Developer shall be responsible for replacement, relocation, or removal of any component of any irrigation water system In conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. 7. Improvements required to be ccnstructed shall conform to the Standard Drawings and Standard S ^ecifications of the City, 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 Estivate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construction of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or Omnissions discovered during constructin shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. A. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from publlr rights -of -way within or adjoining said development resulting from work relative to said development. completion; Work tile City hall have therr right to complete any and all works indthe event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedication of the streets and easements in said subid +vision, up to the comp.etion and acceptance of said work or improvement oy said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all Improvements, herein incorporated on Page 7 , to be performed, each of said streets not accepted as inrrovements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, wherever it 1s necessary to protect the public during the construction of the improvements herein agreed to be made. 12. Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Community Development Director. w ,r 9s `�! The Developer shall be responsible for maintaining all trees planted in good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Devel,iper is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City Ordiances, and this agreement far the development, and for the mai.Itenance of all improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no improvement security provided herelnwith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The lmprovein:nt security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. 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 by Government Code Section 66499.1. 2. An Improvement Security Instrument to the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for seccring deposits of public monies. B. Tr secure laborers and materialmen: I. A bond or bonds by one or more duly authorized corporate sureties in the form and content specified by Government Code Section 66499.2. 2. An Improvement Security Instrument in the form ono content specified by the City Attorney. 3. A deposit with City of money or negotiable bonds 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 upon toe Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amowrt of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value ;s submitted, the cash bond shall be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soon as procedure permits after receipt by the City of the centerlire tie notes and written assurance of payment in full from the engineer or surveyor. �,R c 0. The required bonds and the principal amounts thereof are set forth on page 6 of this agreement. 16. The agreement Shall Obeef eerfromwarrants defects 'hat in materialsvandnworkmanship. e in y this and following the datahon wImprovements ich the improvements are accepted within one City shallebe Developer replaced aint Developer free of teelsecuri charges inta sumeequal.to en percent (10X) of the construction estimate or $200.00, whiclever is greater, to secure the faithful performance of Developer's obligations as described in this paragraph The maintenance guarantee security shall alto 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 and a maintenance 3uarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release 1s otherwise authorized by the Subdivision Hap Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain such rublic liability and property damage insurance as shall protect him and arty contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of "he work or from operatiors under this agreement, whether such operations be by himself or by aiy contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or • ubcontractor or anyone employed by said persons. The public liability and property damage insurance shall list the City as additonal insured and directly protect the City, its officers, agents and employees, as well as the Developer, his con`ractors and his subcontractors, and all insurance policies issued hereunder shall so state. The minimum amounts of such insurance shell be as follows; A. Contractor's liability insurance providing bodily Nu— or docth liability limits of not less than SSDO,000 for each .er%on e.rd liability each not less thano$250.000.forden hpaccid ntmt`u occurrence with ac aggregate limit if $500,000 for claims which uty arise from the operat ur s of the Developer in the performance a• ttu work herein provid,rd. B. Automobile liability rsurance covering all vehicles used in the limitsmofcnotflesstithai $500 000 pfoor (each personyand 1$1,000,D001por each accidont or occurrence, and property damage liability limits of for aggregate ofanot 7less Van $500,00accident ii c mayrariseriromethe with opera- tions of the Ceveloper or his Contractor in performing the wort provided for N-rein. 5 .y 97 2' r i s: e� 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement •: precluding the cancellations, or reduction. In coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the following described improvement security, and has affited his signature hereto: ' E� M I t- d A FAITHFUL PERFORMANCE Type: Principal Amount: $460,000 Name and address of surety: MATERIAL. AND LABOR PAYREIfT lype: Principal Amount: $230 DOO Name and address of surety: , CASH DEPOSIT MIMUMENTATION lyre: Principal Mount: S 8,650 Name and address of surety: , MAINTEKWE GUARANTEE Type: Principal Mount: N/A Name and address of surety: TO BE POSTED PRIOR TO ACCFPTANCE BY THE CITY IN duly executedSarHEI'Ecpkno ledgedrwith alltfo have lt;aus quired Dysl wsanothe dates set furth opgos+tA their signatures./ Date 7/24/86 _ by - �7 ,Develcper *a, re James F. Bailey rrMn eW-- Date 7/24/86 by Developer Afna ur Steven Ford Accepted: m e City of Rancho Cucamonga, a municipal corporation ey. -- Attest: Mayor City Clerk Approved: City Attorney DEVELOPER'S SIGNATURE MUST BE NOTARIZED AND COMPLETED IN TRIPLICATE , �t WZ4 r 8,141 L.F. P.C.C. Curb . 12' C.F. 24• Sutter C.F 7.21 48,846 i L.F. 21• putter I.C.C. curb only 6.03 5.50 'F7 CITY OF anNOW CLCnhGNGA A.C. berm ERCaO.tCIwENFEKMIT FEE SCi1E0tLC 4' P.C.C. sidewalk Irprovoaent: Tract 13057 Street lmprmvements t NCI on. • y: au muwuv a,n Re er-! mc�t Orin approach 8' P.C.C. cross gutter (Inc. Curb) e1eY Oraelnq �. ROM 0oes not include mevrnt in for ~ Street facavatiGn writing pewit or pilasters deposits 8,141 L.F. P.C.C. Curb . 12' C.F. 24• Sutter C.F 7.21 48,846 i L.F. 21• putter I.C.C. curb only 6.03 5.50 - T,1lTT: L.F. A.C. berm +4 1P S.F. 4' P.C.C. sidewalk 1.75 S.F. 1 j S.F. Orin approach 8' P.C.C. cross gutter (Inc. Curb) 2.50 ),60 _- C.T. Street facavatiGn 1.50 C.T. Impontd embantaent 1,50 ts7 ale S.F. A 6 S.F PreAantiot of suD rACO Crushed 199• best (per Inch thick) 0.is 0,03 - �3T'T71"• ��...��..��.�. 153 TON A.C. (over 1100 tons) 27.00 169 Tom A.C. am to 1700 tons) ]5.00 11�5e TOM TON L.C. 500 to 900 tons) A.C. under 500 toot) 45.00 60.00 S.F. A.C. I• thick) 0.15 S.F. S.F Patch A.C. (trench ) 1' thick A.C. 1.75 overlay Adjust a1 rr . aMOle to grade 0,3O 250.00 FGA. EA Adjust sewer clean Cut to Yrade to 150100 4 ppn - _ A Street lightsralrn Sndt 75.00 1�I.000 :.1 L.F. 861FICades (Intense. 5500 min) 1A IY\l L.F. 2 x 4' redwood herder 1.75 S.F. m Aev1l Of .A.C. garment 0.71 L.F. Re1an' of P.C.C. Curb 1.30 L.f Amore: of A.C. ben 1.00 9. G. G. Street signs • Reflectors and posts 200. 00 ]5.00 , , Ltvr L.F. Ccncntt block will 25.00 ITY1 , S.F. Retaintep wall 20.00 TON Aggregate base 7,00 + C.T. L.F. Concren structures 18' PCP 2000 0 <25.00 , L.F. L.F. IP RCP 1500 0 29.00 ]5.00 -- -a2�'pna L.F. 21• RCP 2000 0 48• RCP 1200 p 49.00x6" 76.00 . = G. G. Catch basin R • 4' Catch basin 4 - 81 2000,00 2500.00 , a.mp EA. EA. Catch basin Y • 22' 4500.00 4 G. Local depression 4' Local depression 12' 900.00 1000,00 G. Outlet structure, 514 #506 1500.00 1 6110A 1 G. G. Outlet stneture, Std 007 '00 600.00 L.F. Guard posts Guard pens) (wood) `0.00 5.00 _ L.F EA. -� G. AKYt Neldwail (IB• wing) 4,00.00 'd •�� L.F. S.F Redwood holder Landsupt L Irtigetion 1.755 + " e LA. �l FA pall curb /. runmru Re g.7 &M : S EA �C,) Sweet Tress 700.00 -700 � EMGIN[GfAO MCPECTION FEE 5110 TOTAL " •aESTOSIt bluo"AGTI)ON CASH CONTINGENCY COSTS FA17HFLL PLUOFjjANGE YWNI WATI9M 200 100 1A1 .r4, .( SIRETYE(CASI) 8.650.00 LAVA %) 8080 0 ePunoant bl City of Rancho Cucamonga Itunicipai Code. Title I, 1T17ter l.Oe, i 8unerdim IquntY Code Titles, 1 S Chapters -5, a cash restontlon /dglneatton deposit iAa11 be "de Orile' to issuance of an Fnglncufn9 Constructioo Pers,lt. ,a Rerltrd 11&I is (. SUBDIYISZOU GUARANTEE NO PERFORMANCE (SETTING OF FINAL MONUMENTS) City Council City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91736 Gentlewn: Pursuant to Chapter 4, Article 9, Section C5497 of the Government Code, the undersigned hereby agrees that all monuments shown on the final map of Tract 13057 are to be set and furnished by the subdivider's engineer or surveyor on or before August, 1987, as specified in the Engineer's or Surveyor's Certificate and aqrees 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 18,650 (Receipt Mo. I as a cash deposit, said deposit to guarantee t„,at the monuments will be set and the notes furnished as above provided on sr before the date specified and that the engineer or surveyor will be paid by the undersigned. It is further understood and agreed that in the event the undersigned fails to complete the above requirements within the time specified, the City of Rancho Cuc conga is authorized to complete said requirements or cause them to be r.,mpleted and the cost thereof is to be a charge against said cash deposit, and the City of Rancho Cucamonga Is authorized to make the necessary transfer from said c•sh deposit to the credit for the proper city fu!id. It is further agreed that if the undersigned does not present ev4dence to the City Council that he has paid ti.z engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor gives the notices prescribed in Section 66497 of the Government Code, the City shall pay to said engineer or surveyor, the cash deposit herein made. If the cost of completing said requirements exceeds the amount of the cash deposit, the undersigned agrees to pay the difference within thirty (30) days after receiving written statement from the City of Rancho Cucamonga specifying the =odnt of the difference between the cash deposit and the actual cost of ,aid requirements. Cordially, THE WILLIAM LYON COMPANY Subdivider 8540 Archibald Boulevard, iB Address Rancho Cucamonga, CA. 91730 Date July 24, 1986 The deposite�/(f record/(fr<+ re rn of any partion of the cash deposit) shall be j J es Fes/. BA 1� ress )Ae shown es NDTE: Tll BE SUBMITTED ZUY FILLED OUT AND SIGNED IN TRIPLICATE RCCOROII:C REQCESTED BY AND - •- WIIEN RECORDED RETURN 701 '• City Clerk, City If Rancho Cucamonga r P 0 Box 801 Rancho Cucarnga, CA 917JO AGREEMENT T41S AGREEKENT is entered Into this 22nd day of Ju h• t 1986 and is to be effective chat dace, regardless of th; date of execution ` hcraot, and is by and between the City of Rancho Cucamonga, a ranlr bal corporation ( hereinafter soretimes referred to as "City ") and The William ..yon Company (hereinafter sometimes referred to as "Developer "). WHEREAS, Developet has purchased approximately 22 5 acres, more or less, locattd generally east of Dear Creek Channel, south of Highland, west of Milliken , Rancho Cucamonga WEREAS, Developer has processed and received tentative approval from the City for a subdivision consisting of 142 lots In the Project end WHEREAS, in connection with tentative approval 1 the City, he City has tentatively approved a tract map for Tract 13057 and site plan (NIA) to allow a planned unit develop +cnt; and k "EREAn, as a condition precedent to approval of the tentative tract rap and sl:c plan, the City has rode certain conditions and requirenen!s recording recordation of Covenants. Conditions and Restrictions (hereinafter soretimes referred to as "CCAR's' ) to be recorded with the said ftnal map which mn/ incorporate certain special building tenures to be orovlded by Developer in the Project; and WHEREAS, the final tract map for Tract 13057 must be recorded as soon as possible to allow commencement of construction of the Project; and W.IEREAS, Developer desires to record the final tract map 'or Tract 13057 without concurrent recordation of the CCAR's because review of the CCAR's by the California Department of Real Estate ( hereinafter somer.smec referred to as ',DRE ") will most certainly result in required changes to said CCAR's but will not be accomplished prior to the requeoced dnto for recordation of the final tract sap for Tract 13057 1 and r WHEREAS, City and Developer dcslre to enter Into this Agreement to provide assurance to the City that no permit for a home it' the Project till be u Issued until a set of CCAR'r has been approved by and accepted by the Cl and recorded M r+, .,.lt•, r• Y I t 210E THEREFORE, the portfes hereto agree as follows: _ i I- Prior .o -11,y obligation on the part of City to Issue bulldirt for the Protect to be constructed to accordance vlth , Site plan (WA), Developer will deposit with f, "'I a final lofrpr Dosed CC Rs6 ap 13057 and and will ccvtify to id t, that tno CCBR`o so deposited have received DRE Its IV-, Further, laid CC&R's must. be Acceptable to and approvtd b; City and Its legs] counsel and recorded prior to City•s obligation to Itsue budding permit$. i P The said CCAR'$ .ii Incorporate therein any special conditions o� requlrenents which have beer, required by the CI-y ar Its Plann;ng C +rarlssfon or City council ` 3 If, after recordation tf the final tract map for Tract 13057 there Ss a request to revert the Project to acreage or request by Developer or any successor In interest fo resubdivide the property, this Agrnemcn: will be cancelled And terminated by recording a document to that effect executed by the Citv and Developer or Developer's successrr In interest as a condition subdivision oonuthe reversion subject property. acreage Qnce CC6R �$al O satisfactory cliff to she Project or or recorded by the ORE shall have beer received by tiro City for recordation and o recorded the City and Developer or its euccaeaor in Interest shall execute and vac urd a document declaring that the condition$ of this Agreement have beep saris fed and that this Agreerent 1: null, void, cancelled, end of no iu -tho 'area and effect er -'aE th's Agreement is executed the day and vea: ff:st above r' ELO= R Td, WI -L1SV LION CO:faA::Y r ' BY Assistant Sa: ears ry. tl-Y OF RA';ChO CUCA•-04, By "+yor of the Clty of Rancho Cucar-onga ATTEST, Cfb Clerk of the Cite of Pancho Cucamorga /03 L 7777 S -.,T.. b. C,.LIFCRt ::A ) ss L.•P 10'r San Bernardino ) On ti.s the 22nd day of .'uly 19 E6 before ma, the unet- signed, a Notar) Public in and for said County and Stale, personally ape. ared James F Bailey , personally known to tae to be :be Vice- President , and Ste -cn Ford , personally kna_r. to rc to be the Assistant Secretary of the corporation that t executed :he within instrument on behalf of the corporat Lon therein named, and ne4nc.ledged to me that such corporation executed the within Ins :rur,.ent pursuant to its b)lauts or a resrlution o` Its board of directors. �t OFFI�:AL SEAL Y S1 na cu•er L!- �t irk. lJRIMBROWN jjj o N061Ar RI MB CaArOtN4 Notary Public .n and for Said 9AN DMi Ram'0 CWTO' County and State M /taem.'"on MAY A. 192k ay..�emes r CyQ.VR, t 0 CITY OF RANCHO CUCAMONGA IKPROVE14M AGREEMENT FOR TRACT NO. 13058 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered Into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and The William Lyon Company hereirafter referred to as the Developer. WITHESSETH: THAT, WH_.: _,, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tract 13058; and WHEREAS, said City has established certain requirements to be mat by said Developer as prerequisite to approval of said subdivision generally located in the victoria Planned Community. NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 6 hereof within twelve months from the effective date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this agreement. This agreiment shall be in default on the day following the first anniversary date of said approval unless an extension of time has been granted by said City as hereinafter provided. 3. The Developer may request an extension Of time to complete the terms hereof. Such request shall be submitted to the City In writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to b^ 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 provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 8540 Archibald Avenue, Suite B Rancho Cucamonga, CA 91770 /D S 6. The Developer shall be responsible for replacement, relocation, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, 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 incorporated on page 6 hereof, es taken from the improvement plans listed thereon by member. The Developer shall also be responsible for construction of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or omissions discovered during constructin shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. 8. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the arum, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 9. The D— eloper shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said development resulting from work relative to said development. 10. Work done within existing streets shall be diligently pursued to coniplEtion; the City shalt have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense Incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedication of the streets and easements in said subidivision, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous :ondition existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Page ' , to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever it 1s necessary to protect the public during the construction of the improvements herein agreed to be made. 12. Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been s completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Community Development Director. /Ob r, ly The Developer shall be responsible for maintaining all trees planted in good health until the and of the y aranteed maintenance period, or for one year ?fter planting, whichever 1s later. 13 The Developer is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City Ordiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the irprovement is accepted for maintenance by the City, and no improvement security provided hereinwith snall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. To secure faithful performance of t;-,Is agreement. 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 in the form and content specified by the City Attorney. 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 materialmen: 1. A bond or bonds by one or more duly authorized corporate sureties in the form and content specified by Government Coda Section 66499.2. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with City of money or negotiable bonds 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 upon the Final Map for, the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any emount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soor as procedure permits after receipt by the City of the centerline tie notes and written assurance of payment in full from the engineer or surveyor. D. The required bonds and the principal amounts thereof are set forth on page 6 of this agreement. 16. The Developer warrants that the improvements described in this agreement shall be free from defects in materials and workmanship. A,1y and all portions of the Improvements found to be defective within one (1) year following the data on which the improvements are accepted by the City shall be repaired or raplaced by Developer free of all charges to the City. The Developer shall furnish a maintenance guarantee security in a sum equal to ten percent (10%) of the construction estimate or $200.1*, whichever 1s greater, to secure the faithful oo•formance of Developer's obligations as describe" in this paragraph The 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. r: One,! the Improvements have bean accepted and a maintenance guarantee security has been accepted by the City, the other Improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Map Act and any applicable City Ordinance. 17 That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing wurk covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, wtisther such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not :aused by the negligence of the Developer or any contractor or subcontractor or anyone employed br said persons. The public liability and property damage insurance shall list the City as additonal insured and directly protect the City, its officers, 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 be as follows: A. Ccntractor's liability insurance providing bodily Injury or death liability limits of not less than $500,000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $250,000 for each accident or occurrence with an aggregate limit of $500,000 for claims which may arise from the operations of tive Developer in the performance of the work herein provided. B. Automobile liability insurance covering all vehicles used in the performance of this agreement providing bodily injury liability limits of not less than $500,000 for each person arrol $1,000,000 for each accident or occurrence, and property damage liability limits of rot less than $250,000 for each accident or occurrence, with an aggregate of not less than $500,000 which may arise from the operations of the Developer or his Contractor in performing the work provided for herein. M I4o a d L.. r' �f- Vr�v�� P� 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in Coverage of any policy evidences shallchhavet received before the mail from theefInsurance carrier. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the following described improvement security, and has affixed his signature hereto: 5 y V /09 ,M FAITHFUL PERFORMANCE Type: Principal Amount: Name and address of surety: 1NTERIAL AND LABOR PAYMENT Type: Principal Amount: Name and address of surety: CASH DEPOSIT MOIRP *IRATION type' Principal Amount: t1am and address of surety: Type: Name and eddress of surety: MAINTENANCE GUARANTEE Principal Amount: 5150,000 5375,000 S 11,350 H/A TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these duly executed aid ackngK.ladg gd w1t ali fo a itie equired by be ono the dates set forth opposite their 1J9 Lures. , Date Z124/Rn ( by C \ Oeveloptr gnOturc JAMES £. BAILEY n Date 7/24/86 7/24/86 by 519naturel Developer STEVEN FORD Accepted: r " City of Rancho 'ucamonga, a municipal corporation By: Mayor Attest: City Clerk Approved; City Attorney DEVELOPER'S SIGNATURE MUST 8E NOTARIZED AND COMPLETED IN TRIPLICATE I USIREERIRG IRSPECTIOR FEE SUB TOTAL Alt •RESTORATIOR/OELIRTATIOR CASK CCRTIAGERCT COSTS (pa) �1 DEPOSIT (QFfUIDABTE) FAITRF'J. PERYCRRA9CE ROAD (1GDS) �TSd .. MRR.t1ERTAT10.7 SUAETT (GITR) 't nrn m LABOR AND MATERIAL 6013 (SOS) t75 •PUrsuhat to City of Rantho Cucamonga Municipal Coo, Title 1, cup ty 1.08, 'addptfn9 Bernardino Cdunty Code Titles, Chapt.1" 1 -5, a Cash restoration /blinattoa deposit Li ba each Prix to Issuance of an En9leeerlmi Construction Penit. 'etas_ Revised 3 /94 ..n... CITY OF RANCHO NCIJCKGA I 1 rICRO wmEn r6P / I T FEE Sa W.LC r For Ieprort9ent: Tract 13EMSS Stmt & Storm ikaln btprovamenta Date: ilia t I w.o 1 .F--I ....<e: City Droving Tom' 8011: Ooe: not include current in For writing Pewit cur P",,,,nt deposit[ CuAwtTT t'RIT ITEM PRICE A40URT •• 0,917 L.F. I.C.C. curb - 121 C.F 211 gutter 7.25 KRIS • �}g L.F. P.D.C. orb - B' 0.F 24- gutter 6.00 '--r.mr �A2J L.F. P.C.C. Curb only L.O. A.C. berg 1.50 �}�7b 5.1. 11 P.C.C. sidevalk I. 3.F1 Orfre +pgroaN 2.50 S.F 01 P.C.C. cant gutter (Inc. curb) 3.10 ^- C.T Itrtrt excavation 1.50 �•�8.915 C.1 l,"rted eaEmaeent 1.50 _]46,196 S.F. - .191,996 S.F. PrePanttm of subgrode Cruth!3- d .79. Oise (Per Inch thick) a- O.is 2.03 79 sod 23, wI TG A.C. am 1300 tons) 21.00 _- FOR A.C. 900 to 1170 tons) 35.00 TOM A.C. $00 to POO tons) 45.00 ' TOM A.L. under $00 tdn\) 60.07 _1^1976 S.F A.C. thick) 0.35 105-181 S.F. Palo A.C. (trench 1.75 S.F I• thick A.C. overpay 0.30 �6 G. Adjust [evn• anal• to grade 250.00 son EA. Adjust [ever clam Out to grgda 150.00 n • �S EA. .� EA. Adjust water valtes to grade Street lights 75.00 1000,00 'T,STD -' __fia L.F. fiarrtcad.s (intemc. SS00*In) 1.00 aTUOO wtl - L.F. 2 a 11 rLC W header 1.15 �_- S.F. Removal of•A.C. pavement 0.75 L.F. Resmval of P.C.C. Curb },7n L.F. Removal of A.C. be n 1.00 _g G. Street signs 200,00 LMtl LLEAA�., and posts 35.00 1.330 �1 S.F. �qReflectors Ratalo�nQ wall sera Aggregate base 20.- 7.00 TO- DJ 125.00 0C.T. L.F. 501 RG ((2000 0) -CPC OOO 25.00 7 t'• 477 L.F. _ an L.F 271 RCP (IS00 D) 221 0.G 35.00 31-M - �SLy. Li, g• RCP J9A1D 53.00 --34.631 11.977 2 EA. Catch begin M a e' IRE W 2.231 • 5. U. Catch Dial" R e 22' 1500.W 91un EA. Catch 0epr 520.00 sA.a00 77t U. ssiC Local 121 81 ss.100 27.7na EA. atllttfdn ILrvcLUre on structure. 9,Yt,O` 9s EA. �1 EA. manhole catch 0u1n 2'a_ -Tcp 0" 500. p Ertl in Ertl L i1 Wad 10.0) " panel (wnd) 25.14 .�� L.I. Saveot EA. lkadwall (4 , wing) a000.(d L.I. Redwood header 0.75 S.F. Lmdsc+oiniJ a Irrigation 2.75 y CF. Roll curb (P.C.C.) 7.50 . _ 215 P L Street Tree, into USIREERIRG IRSPECTIOR FEE SUB TOTAL Alt •RESTORATIOR/OELIRTATIOR CASK CCRTIAGERCT COSTS (pa) �1 DEPOSIT (QFfUIDABTE) FAITRF'J. PERYCRRA9CE ROAD (1GDS) �TSd .. MRR.t1ERTAT10.7 SUAETT (GITR) 't nrn m LABOR AND MATERIAL 6013 (SOS) t75 •PUrsuhat to City of Rantho Cucamonga Municipal Coo, Title 1, cup ty 1.08, 'addptfn9 Bernardino Cdunty Code Titles, Chapt.1" 1 -5, a Cash restoration /blinattoa deposit Li ba each Prix to Issuance of an En9leeerlmi Construction Penit. 'etas_ Revised 3 /94 SUBDIVISION GUARANTEE NO PERFORMANCE (SETTING OF FINAL MONUMENTS) City Council City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Gentlemen: Pursuant to Chapter 4, Article !, Section 66497 of the Government Code, the undersigned hereby agrees that all monuments shown on the final map of Tract 13058 are to be set and furnished Ly the subdivider's engineer or surveyor on or before August, 1987, as specified in the Engineer's or Surveyor's Certificate and agrees to furn'sh the notes thereon to vy.plete all engineering requirements specified in Section 66497, of the Government Code. The undersigned hand, you herewith the sum of $11,350 (Receipt No. j as a cash deposit, said deposit to guarantee that the monuments will-7e-set and the notes furnished as above provided on or before the date specified end that the engineer or surveyor will be paid by the undersigned. It is further understood and agreed that in the event the undersigned fails to complete the above requirements within the time specified, the City of Rancho Cucamonga is authorized to complete said requirements or cause them to be conpleted and the cost thereof is to be a charge against said cash deposit, and the City of Rancho Cucamonga is authorized to make the necessary transfer from said cash deposit to the credit for the proper city fund. It is further agreed that if the undersigned does not present evidence to the City Council that he has paid the er.rr „eer or surveyor for the setting of the final monuments, and if the engineer or surveyor gives the notices prescribed in Section 66497 of the Govermcent Code, the City shall pay to said engineer or surveyor, ;he cash dep:s"t `.: ^csn made. If the cost of completing said requirements exceeds the amount of th? cash deposit, the undersigned agrees to pay the difference within thirty (30) days after receiving ,(ritten statement from he City of Rancho Cucamonga s ecifyiny the amount of the difference between he cash deposit and the actual cost of said ;equireirents. Cordially, THE WILLIAM LYON CODO?AtIY Subdivider 8540 Archibald Boulevard, 1B Rancho Cucamonga, CA. 91730 Date July 24, 1986 Address /., -The deposit r of re�r ;for gturn of any portion of the cash deposit) shall i /�CG�i/ /,o' Jamea ^E.- e'ailcy,� game j (Address) As shcam above NOTE: TO BE SJBMITT64 FULLY FILLED OUT AND SIGNED IN TRIPLICATE I/Q UCORDtNG REQUESTED BY AND WHEN RECORDED RETURN TO, City Clerk, City of Rancho Cucamonga P.0 Box 807 Rancho Cucamonga, CA 91730 r AGREEMENT THIS AGREEMENT is entered Into this 22nd day of July , 1986 and is to be effectivo that date, regardless of the date of execution hereof, and Is by and between the City of Rancho Cucamonga, a municipal corporation ( heretdafter sometimes referred to as "City") and The William Lyon Company (hereinafter sometimes referred ro as "Developer'). WHEREAS, Developer has purchased approximately 26.7 acres, more or less, located gen. rally east of Doer Creek Channel, south of Highland, west o: Milliken , Rancho Cucamonga. WHEREAS. Developer bcs processed and received tentative approval from the 41ty for a subdtv'sion consisting of 201 lots In the Profecti and WRER71SO in cone•.ction with tentative approval by the City, the City has tentatively approved a tract map for Tract 13058 and site plan (N /A) to allow a planned dnit developeenti and WHEREAS, as a condition precedent to approval of the tentative tract map and site plan, the City has made certain conditions and requirements regarding recordation of Covenants, Conditions and Restrictions (hereinafter sometimes rate -red to as "CCAR's") to be recorded with the said final map which may incorporate certain special building features to be provided by Developer in the Projocti and WHEREAS, the final tract map for Tract 13058 must be recorded as soon as possible to allow commencement of construction of the Project; a.id WHEREAS, Developer desires to record tho final tract map for Tract 13058 without concurrent recc.darion of the CCAR't teu,use review of the CCAR's by the California Department of Real Estate (herainefGSr sometimes referred to as "ORE ") will most certainly result in required changes to said CCAR's but will not be accomplished prior to the requested date for recordation of the final tract map for Tract 13058 i and , WHEREAS, City and Developer desire to enter into this Agrieve, nt to y provide assurance to the City that no permit for a home in the Project will be issued until a set of CCBR's has been approved by and accepted by the City and ;p ' recorded. ' NOG, THEREFORE, t1.a parties hereto agree as follows: 1. Prior to any obligation on the part of City to lssur building permits for the Project to be coustructed in accordance with final 'ract Nap 13058 and site plan (N /A). Developer will deposit with City a set if droposed CCdR's, and will certify to City that the CCAR's 60 deposit d have received ORE approval. Further, said CC&R'a met be acceptable to and approved by City ant; Its legal counsel and recorded prior to City's oblige ton to Issue building permits 2. The said CCAR'a will incorporate therein at %p,cial conditions or requirements which have been required by the City or Ica lanning Commission or City Council 3. If, after recordation of the final tract map fo. fract 13058 there Is a request to revert the Project to acreage or renuest by Developer or any successor In interest to resubdivide the property, this Agreement will be cancelled and terminated by -recording a document to that effect executed by A the City and Developer or Develrper's successor in Interest as a condition precedent to such reversion to acreage or approval of a different Project or subdlvtsion on the subject property. Once CCLR'c satisfactory to the City aW approve] by the ORE shall have been received by the City for recordation and recorded, the City and Developer or its successor in interest shall execute and record a document declaring that the condiciooa of this Agreement have been satisfied and that this Agreement is null, void, cancelled, and of no further force and affect WHEREFORE, this Agreement is axecuted the da/ and year first above written. CITY OF PANCHO CUCAMONGA BY: Nayar of the City of Rancho Cucamonga ATTEST: City Clerk of the City of Rancho Cucamonga Ai- :'J 7 8 I STATE OF CALIFORNIA ) ) as COUNTY OF San Bernardino ) ' On thtI the 22nd day of July 1986 before me, the undersigned, a NotarY Public in and for said Cou -ty and State, personally appeared _ JA"- F. Bailey , I.arsonalty knor�n to me to be the Vfce -Prco ldenc , and Steven Ford , personally -!, known to me to be the _Assistant Secretary of the therein named Land executed the within instrument on behalf of the corporation [hare In named, and ackncwl edged to mo that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. OFFICIAL SEAL 5lgnecwrc (�( /I /and for Said LORI M BROWN Notary Public in and for Snid RalAff rwallC •CA1JioRN:A Count and State VA SOUNUTN"d 0"" Y Ml Ma. W*ft MY 22, im CITY OF RANCHO CUCAMONGA IMPROYE14ENT AGREEMENT FOR TRACT 13059 KNUW ALL MEN BY THESE PRESENTS: That this agreement Is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicab'e Ordinances of the City of Rancho Cucamonga, California, a ouniclpal corporation, by and between said City, hereinafter referred to as the City, and The William Lyon Company hereinafter referred to as the Developer. WITNESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tract 13059; and WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to approval of said subdivision generally located in the victoria Planned Comnunity. NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agress to construct at Developer's expense ill improvements described on Page 6 here -of within twelve months from the effective date hereof. 2. This agreement shall be efre,.tive on the date of the resolution of the Council of said City ap,roving this agreement. This agreement shall be in default on the day following the first anniversary date of said approval unless an extension of ti•;ne has been granted by said City as hereinafter provided. 3. The Developer may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof. and shall contain a statement of circumstances necessitating the extension of time. The City shalt have the right to review the provisions of this agreement, including the construction standards, cost estimate, and Improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right 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 provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. //6 4 6. The Developer shall be responsible for replacement, relocatio:i, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, 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 incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construction of any transitions r other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or oamissions discovered during constructin shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. 8. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provide- therefor. 9. The Developer shall be responsible for renoval of all loose rocks and other debris from public rights -of -way within or adjoini,g said development resulting from work relative to said development. 10. Work 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 of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedication of the streets and easements in said subidivision, up to the completion and acceptance cf said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the ronpletion of all improvements, herein incorporated an Page 7 , to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. said Developer may close all or a portion of any street subjer• to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever it is necessary to protect the public during the construction of the improvements herein agreed to be made. 12. Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Community Development Director. 2 //,? The Developer shall be responsible for maintaining all trees planted in good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later 13. The Developer is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City Ordiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no improvement security provided herelnwith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15 The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. 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 by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 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 materialmen: 1. A bond or bonds by one or more duly authorized corporate sureties in the form end content specified by Government Code Section 66499.2. 2. An Improvement Security instrument in the form and content specified by the City Attorney. 3. A deposit with City of money or negotiable bonds of the kind approved for securing C. A cash deposit with the City to guarantee payment by the Daveloper to the engineer or surveyor whose certificate appears upon the Final Map for the setting of all boundary, lot corner, and street centerline monLnents and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shown or. the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soon as procedure permits after receipt by the City of the centerline tie notes and written assurance of payment to full from the engineer or surveyor. 3 ri D. The required bonds and the principal amounts thereof are set forth an page 6 of this agreement. Developer wart-ants s improvements described Shall befrefromdefectIn materiaalsadworkma ship Any and all portions of the impruvements found to be defective within one (1) year following the data on which the improvements are accepted by the Cit shall be repaired or replaced by Developer free of all y charges to the Cy. The Developer shall furnish a maintenance guarantee security in a sum equal to ten Percent (10X) of the construction estimate or $200.00, whichever 1s greater. to secure the faithful performance of neveloper's obligations as described in this paragraph. The maintenance guarantee security shall also secure the faithful performance by the Developer of any obligation of the Developer to do specified pork with respect .o any parkway maintenance assessment district. Once the improvements have bees accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Map Act and any applicable City Ordinance. 17. That the Daveloper shall take out and maintain such public liability and damage Insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any subcontractor, oareairinoosadpersons, eventhoughsuchamag sbenotcausdbytheneglgeecef the Developer or any contractor or subcontractor or anyone employed by said City ns ad The public liability ndirectly property damage insurance shall list the and employees, as well as the eveloper the his contractors er officers, agents subcontractors, and all insurance pulicies lssuemi hereunder shall so state. The minimum amounts of such insurance shall be as follows: A. Contractor's liability Insurance providing bodily injury or death liability limits of not less than $500,000 for each person aad liaDbi/ittylimitseof not iless than $250,000�fordeachpaccide two.* occurrence with an aggregate limit of S500,000 for claims which may arise from the operations of the Developer in the performance of the work herein provide. B. Automobile liabirity Insurance covering all vehicles used in the limits ofcnot less lthanagreement $500,000 for ie ch personbodily and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $250,000 for each accident or occurrence, with an aggregate of not less than S5DO,000 which may arise from the opera- tions of the Developer or his Contractor in performing the work provided for he..ein. //9 , 9 'kiss i 18. That before the-'execution of this agreement, the Developer shall _ x file with the City a certificate or certificates of insurance covering the ,. 'j spezified insurance. Each such certificate shall bear an endorsement ' precluding the cancellations, or reduction in coverage of any, polity evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the following described Improvement security, and has affixed his signature hereto: FATTNFIA. PERFORMANCE ,,. Type: Principal Amount: Name and address of surety: MATERIAL AND LABOR PAYMEM Type: Principal Amount: CASH DEPOSIY MONUENTATION Type: Principal Amount Name and address of surety: ININTUANCE GUARANTEE Type: Principal Amount: Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN HITNES! duly executed dates set forth Date 7 -7 -66 $506,000 $253,000 S 8,050 N/A presents tc be by law on the er ■ a Date 7-7 -56 by 1� Developer gnat re Steven Ford Accepted: m e City of Rancho Cucamonga, a municipal corporation BY: Mayor Attest: City Clerk Approved: City Attorney DEVELOPER'S SIGNAME MUST BE NOTARIZE!, AND COMPLETED TRIPLICATE /IR ■ a EXGINEEAIN0 INSPECTION FEE 70,565 $70 TOTAL •RCG Sir ( EF R7AElE)fOX G151( i rc0 CONTINOFKCI COSTS 200 .. I0WsEnfAT10/1 SUE7T (CASH) 6.050 FAITHFUL PEAFOUVMCE BOND (105) LAW AND MATERIAL 12W) (SOS) A v ,. "Pursamt to City Of Rancho C4 r 6end•I opriortoyIstuarc•tor {an L'Ye CITT OF CANON) CUCANWA ING ISOIO , EMEMLOOOIENTEPERMITI FEE .016.E tar !aorovenatttna Tract 11059 s~ Imcwn,, tv File Pi erence: ��- T�w"t! I;tTt„ n�gtTSW"" -- -�_�� City Driving M. MYTE: Can not Include wrrant fee for .tieing Peruit Or Pavewtnt deposits OWRITT UNIL� ITEM 6,70 L.F P.C.C. curb - 6 a C.F N• gutter fai[E YNdINT 6,00 10.20! L.F. L.F. P.C... curb _ B• C.F. 24' gutter P "'.C. curb only 6.00 L.r A.' bum $.SO an Tm S.F. Ori,a 4pprech 4 so 1.50 1500_ S.F 11' P T.C. crop gutter (inc, wrb) 'L 0.10 ,..�� C.T C.T. Street mcavulan Igor Id esdansmtat 1 5a 11.SBE_ 141,(00_ S.F. S.F. PreP"I,tf= of wbgrade 1 SO O.IS - 1RLSCtl1. TOM Crushe, agg. bile ar 0.11�- �_ A.C. {•er 1]00 tonal A.C. 5'.q to 1]0 ton ") 7.00 �t Roca 27.0-0- 0.9 TON A.C. 50 to 900 tors) A.C. m ar $00 tons) 131 ]5,0 Ag•0D S.F. �_ S.F. S.F A.C. thick) Patch A.0 (trio N) I• 60.00 0.50 T'SS-S7s- 1.7S �2L EA. thick A.C. Overlay • Ad]ust ten.- slMOie to grade _ 0.70 250.00 G. Adlu{t "b V' clan cut to grade 150.00 ALJust rater valves to grade 75.00 1.O w FA. --�i L.F. Barricades (Intusu. SSCO min) 1�'m S.F. 2 s 4• redwood heads 5D1] 1.� `Amoral of,A.C. Dateable o' L.F. Removal of p.C.C. OrrL L.F. 1 G. Remval of A.C. berm street .teas . ].70 3 0 _- L.f. Can�oretr &lack wail) 20.0 _ 1350_ - S.F. �- TEN Retaining wall AgOragsta hue 20.0 .�_ C.T. L.F. Concrete struct4 16' RCP 2000 7 -os 125.00 L.F. 24- R RCP 1SOD D 2 9 0 .�.� L.F. 36' ACP 2fA0 0� .0 .�_ L.F. s6' RG 12 00 Pa 49. 0 EA. �_. EA. Catty basin s' • p Catty basin Ir • is 76.00 2000. 0 EA. -�� EA. Catty begin Is • 22' Local durst stw t 000.00 tm EA. [A. Local da0r•eslon 12' 15000. DO .�� -� EA. IN, CAW% structure wets etruatun, sea 8506 5�'0 EA. .�� U. Outlet atKYtlp•. sea x507 CuarO poses•) 160.0 _._ L.P Caard PanoI (wood) 40.00 L.P. Sawwt 25. 00 Et. EA. p a' tZ iwi6' wing) - 3t•25p- S:r T Landscaping L Irrlguloa 407.0 70.0 L.F. Rail curb (P.6C.) 2.75 A ]. m EXGINEEAIN0 INSPECTION FEE 70,565 $70 TOTAL •RCG Sir ( EF R7AElE)fOX G151( i rc0 CONTINOFKCI COSTS 200 .. I0WsEnfAT10/1 SUE7T (CASH) 6.050 FAITHFUL PEAFOUVMCE BOND (105) LAW AND MATERIAL 12W) (SOS) A v ,. "Pursamt to City Of Rancho C4 r 6end•I opriortoyIstuarc•tor {an L'Ye Pursuant to Chapter 4, Article 9, Section 66497 of the Government Code, the undersigned 'hereby agrees that all n+onumalts shown on the final map of Tract 13059 are to be set and furnished by the subdivider's engineer or surveyor on or before August 1987, as specifled in the Engineer's or Surveyor's Certificate and agrees to furnish the notes thereon to complete ail engineering requirements specified in $action 66497, of the Government Code. The a cash deposit, herep(Ith the sum of guarantee that t, a monuments wioll� and a, the notes furnisned as above provided on rr before the date specified and that the engineer or surveyor will be paid by the undersigned. It is further understood and agreed that in the event the undersigned faits to conplete the above requirements within 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 Rancho Cucamonga is authorized to make the necessary transfer from said cash deposit to the credit for the proper city fund. It is further agree: that if the undersigned does not present evidence to the City Council that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor gives the notices prescribed in Section 66497 of the Government Code, the City Shall pay to said engineer or surveyor, the cash deposit herein made. If the cost of completing said - equirements exceeds the amount of the cash deposit, the undersigned agrees to pay the difference within thirty (30) days after receiving written statement from the City of Rancho Cucmnga specifying thz amount of the difference between the cash deposit and the actual cost of said requirements. Cordially -- ----THE utti IAw woo rowpo rr Subdivider 8540 Archibald Av., Ste R Address Rancho Cutoff C =91730 Date The depositer of record (for return of any portion of the cash deposit) shall be Sant as above Marne ress NOTE: TO BE SUBMITTED FULLY FILLFD OUT AND SIGNED IN TRIPLICATE SUBDIVISION _ NO (SETTING OF FINAL MONUMEi1TS) city Council City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Gentlemen: Pursuant to Chapter 4, Article 9, Section 66497 of the Government Code, the undersigned 'hereby agrees that all n+onumalts shown on the final map of Tract 13059 are to be set and furnished by the subdivider's engineer or surveyor on or before August 1987, as specifled in the Engineer's or Surveyor's Certificate and agrees to furnish the notes thereon to complete ail engineering requirements specified in $action 66497, of the Government Code. The a cash deposit, herep(Ith the sum of guarantee that t, a monuments wioll� and a, the notes furnisned as above provided on rr before the date specified and that the engineer or surveyor will be paid by the undersigned. It is further understood and agreed that in the event the undersigned faits to conplete the above requirements within 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 Rancho Cucamonga is authorized to make the necessary transfer from said cash deposit to the credit for the proper city fund. It is further agree: that if the undersigned does not present evidence to the City Council that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor gives the notices prescribed in Section 66497 of the Government Code, the City Shall pay to said engineer or surveyor, the cash deposit herein made. If the cost of completing said - equirements exceeds the amount of the cash deposit, the undersigned agrees to pay the difference within thirty (30) days after receiving written statement from the City of Rancho Cucmnga specifying thz amount of the difference between the cash deposit and the actual cost of said requirements. Cordially -- ----THE utti IAw woo rowpo rr Subdivider 8540 Archibald Av., Ste R Address Rancho Cutoff C =91730 Date The depositer of record (for return of any portion of the cash deposit) shall be Sant as above Marne ress NOTE: TO BE SUBMITTED FULLY FILLFD OUT AND SIGNED IN TRIPLICATE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TOt City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 AGREEMENT r THIS AGREEMENT is entered Into this 7th day of July 198 6 and to to be effective that date, regardlaca of tho dace of ex & -ic,n hereof, and Is by and between the City of Rancho Cucamonga, a mut.(cipal corporation (heretnafter sometimes referred to as "City ") and The 'illiam Lyon Company (hereinafter sometimes referred to as "Developer ") WHEREAS, Developer hes purchased approximately 25 8 acres, more or less, located generally east of Dear Creek Channel, north of SPRR, vest of Milliken Avenue , Rancho Cucamonga WHEREAS, Developer has processed end received tentative approval from the City for a subdivision consisting of 137 lots In the Project( and WHEREAS, In connection with tentative approval by the City, the City has tentatively approved a tract map for Tract 13059 and site plan (N /A) to allow a planned unit development; and WHEREAS, as a condition precedent to approval of the tentative tract map and site plan, the City has made certain conditions and requirements regarding recordation of Covenants, Conditions and Restrictions (hereinafter sometimes referred to as '•CC&R's ") to be recorded with the $aid final map which may incorporate certain special building features to be provided by Developer 1, the Project; and WHEREAS, the final tract map for Tract 13059 oust be recorded as soon as Possible to allow commencement of construction of the Project; and WHEREAS, Developer desires to record the final tract map for Tract 13059 without concurrent recordation of the CCAR's because review of the CCSR's by the CLlifornia Department of Real Estate ( horetnafter somettmas referred to as "DRE") will most certainly result In required changes to said CCdR's but will not be accomplished prior to the requested date for recordation of the final tract map for Tract 13059 i and WHEREAS, City .ad Developer desire to enter into this Agreement :a provide assurance tc the City that no permit for a home 1r the Project will be Issued until a set of CUR's has been approved by and accepted by the City and recorded. F. NCH, THEREFORE, the parties hereto agree as fetic4si 1 Prior to any obligation on the part of City to issue building permits , for the Project to be constructed iu accordance with final Tract Nap 13059 and f site plan (N /A), Developer will deposit with City o set of proposed CC&R's, and will certify to City that the CCdR's no da;satted hovn re ^sived DRE approval. Further, said CCBR's must be acceptable to and approved by City and its legal cout.sal sad recorded prior to City's obligation to issue building permits d 2 The said CCAR's will incorporate therein any special corditions or requirements which have been required by the Caty wr its :Tanning Commission or City Council. 3• If, after recordation of the final tract sup for Tract 13059 there is a request to revert the Project to acreage or request by Developer or any succescor in interest to resrhdivido the properly, this Agree=nt will be cancelled and terminated by retarding a ducvmonc to that v:fect executed by the City amd Developer or Devwloper's sicces "r in interest es a condition precedenr to such reversion to a..teage or approval of a di %ferent Projec" or subdivision on the subject property. Once CCLR's satisfscwcy to the City and approved by th. DRE shall have been received oy the City for recordation aid recorded. the C.ty and Developer or its successor in interest shall execute an9 record a document jeclarin,, that the conditions of this Agreement Lav, been sa.isfied and --ut this Agreement to null, void, cancelled, and of no further force and effect. WHEREFORE, this Agreement is executed the day and year first above written OEVELGPER, THF. WILLI .YO OHPANY CITY OF RANCHO CUCAMONGA i t CHYt HYt V {{cd -p said t Hor ey of tba City of /i Rancho Cucamonga Bi _ e �� 4- / ATTESTi ;t_ City Clerk of the City of Rancho Cucamonga A "4• y - STATE OF CALIFORNIA ) ) as COUNTY OF San Bernardino ) On this the 7th day of July , 1986 hefors me, the undersigned, a Notary Public in and for said County and State, personally appeared lames F. Bailev , personally known to me to be the Vice- Preside t , and Steven Ford , personally known to me to be she Assistant Seer etary of the corporation that executed the within inezrument on behalf of the corporation therein named, and acknowledged to me that such corpo-ation executed the within instrument pursuant to its bvlaws or a resolution of its board of directors. 4 OFPICIP.L SEAL Slgnatura LORI M BROWN NOTARY MtX • rAtlrOaNIA Notary Public in and for Said SO DOMARDIND COUNIT County and State W wen o;<nt atr 9. 1H9 "A I CITY OF RANCHO CUCNpNGA IMPROVEMENT AGREEMENT FOR TRACT 13060 KNOW ALL MEN Of THESE PRESENTS: That this agreement is made and entered Into, in conformance with the provisions of the Subdivision Hip Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and The William Lyon Company hereinafter referred to as the Developer. WITUESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tract 13060; and .RIEREAS, said City has established certain requirements to be met by said Developer as prerequisite to approval of said subdivision generally located in the Victoria Planned Community. NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all Improvements described on Page 6 here -of within twelve months from the effective date hereof. 2. This agreement shall be effective on the date of the resolution of the Courcil of said City approving this agreement. This agreement shall be in default on the day following the first anniversary date of said approval unless an extension of time has been granted by said City as hereinafter provided. 3. The Developer may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiratten data hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement. Including the construction standards, cost estimate, and improvement security, and to require adi_stments therein F any substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said piovislens to be met by any lawful means, and thereupon recover from the Developer and /or his surety the full cost and expense incurred. S. The Develop ?r shall provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees o" the Cucamonga County Water District. Ja7 6. The Developer shall bP responsible for replacement, relocation, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, 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 Dond Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construction of any transitions or other incidental work beyond the tract btundaries as needed for safety and proper surface drainage Errors or ormissions discovered during constructin shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planneo works. 8. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to stmt of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notlficatim. of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from publ c rights -of -way within or adjoining said development resulting frog work rel.tive to said development. 10. Work 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 of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following ded cation of the streets and easements in said subidivision, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each aid every dangerous condition existent In said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Page 7 , to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by tie City Engineer, whenever it Is necessary to protect the public during the construction of the improvenents herein agreed to be made. 12 Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Cormunity Development Director. The Developer shall be responsible for maintdining all trees planted in good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Developer is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City Ordiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no improvement security provided herelnwith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City 14 This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the Citv, or until a new agreement together with the required improvement security he; been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be to a form acceptable by the City Attorney: A. To secure faithful performance of this agreement. 1. A bond ov 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 in the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable fonds of the kind aoprnved for securing deposits of public monies. 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 66499.2. 2. An Improvement Security Instrument in the forts and content specified by the City Attorney. 3. A deposit with City of nunry or negotiable bonds 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 upon the Final Map for the setting of all boundary, lot corner, and street centerline arnuments and for furnishing centerline tie note- iu the City. The amount of the deposit may be any amount certff•oed by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shown or. the Construction and Bend Estimate contained herein. Said cash deposit may be re'.,nded as soon as procedure penaits after receipt by the City of the centerline tie notes and written assurance of payment In full from the engineer m• surveyor. D. The required bonds and the principal amounts thereof are set forth on page 6 of this agreement. 16. The agreement slall0beefreerfromrdefects that in materialsvannddnworkmanship. a Any and all portions of the improvements found to be defective within one (1) year following the data on which the Improvements are accepted by the City ;hall be repaired or replaced by Developer free of all charges to the Citl. The Developer shall furnish a maintenance guarantee security in a sun eq,ial to ten Percent (10%) of the constriction estimate or $200.00, whichever is greater, to secure the faithful performance of Developer 's obligations as descriled 1n this paragraph. The maintenance guarantee security shall also securr 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 accosted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwi e authorized uy the Sutdivision Map Act and any applicable City Ordinance. 17. That the Deveio,_r -,hall take out and maintain such public liability and property damagr insurance as shall protect him and any contractor or subcontractor perfcrming work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this cgree ent, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly cloyed by said persons, even though such damages be not caused by the negligence of the Developer •,r any contractor or subcontractor or anyone employed by said Persons. The public liability and property damage insurance shall list the City as aeditanal insured and directly protect the City. Its officers, agents employees, well as the loih contractors and subcon subcontractors, and all insurancepalciesssuedhereundershall so state. The ntnimso amounts of such insurance shall be as follows: A. Contractor's liability insurance providing odily Injury or death liability limit, of not less than $500,000 for each person and liability limits of not accident less than $250,000,fordeach paccidentmaor occurrence thehoperattons of theiDeveloper inOthe performance iof the worw herein providec B. Automobile liability insurance covering all vehicles used to the limits ofcnotflessithan9S500,n000 providing person andj$1 000,0001for noteach less dthano $250,000 nfor each raccidentao reoccurrence,limits with an aggregate of not less than $500.000 which may arise from the opera- tions of the Developer or his Contra-tc, in performing the work provided for herein. /,3a „ . 0 18. That before the extcution of this agreement, the Developer shall file with the City a certificate or cert,"icates of insurance covering the specified insurance. Each such certificate shall bear in endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the Insurance carrier. As evidence of understanding the plovlsions contained herein, and of intent to conPly with same, the Subdivider has submitted the following descrahed improvement security, and has affixed his signature hereto: 5 /3/ •r� Y� yl1. tt,,Y • • \�^',elffll FAITHFUL PERFORMANCE Date 7-7-86 Type: Principal Amount: $480,000 Nana and address of surety: MATERIAL AND LABOR PAYMENT Type: Principal Amount: $240,000 Name and address of surety: CASH DEPOSIT MONU MATION Accepted: Type: Principal Amount: $ 5,500 Name and address of surety: City of Rancho Cucamonga a municipal corporation • MAINTExANCE GUARANTEE ty tti, Type: Principal Amount: MBA Name and address of surety: " �. TO BE ED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents duly executed and acknowledged WO all 0 all IeV required by to be law the dates set forth op bye t t ,10natur /P on Date T_r_od 1JL r i2f ti F " Date 7-7-86 by�� /�'(/ Developer I S gnatur Steven Ford Accepted: r n e City of Rancho Cucamonga a municipal corporation ty tti, By: Mayor " ,. Attest: City Clerk a ti Approved: City Attorney fit' MELOPER'S SIGNATURE MUST BE 01AP.IZED AND CO1VLETE3) IN TRIPLIG:TE ; Ile RUA9TITT UNIT [n9[it PAtcr CITY OF UW10 GCAMONCA ' 3,700 L.F. ENGINEERING DIVISION 6.00 ENCROACy.NE11T PERMIT FEE SCHEDULE for Isyrcyment: Date: J�n•iJ -ifdd TnTns4_130605U..t lm ov.m�to File A1 ennce utpute r Lon. •Z ow City Ofawing ho. L.F. NOTFt Ibei not Include current fee fm- l.SO writing #emit or payment deposits RUA9TITT UNIT film PAtcr 19a]UNT 3,700 L.F. P,C.C, curb - 6• C.F. 24• gutter 6.00 22,200 L.F .69 P.C.C. curb • B' C.F N• gutter 6.00 L.F. P.C.C. curb only l.SO L.F. A.C. btm 4.50 ton S.F. e• F.C.C. sldawalk lne7udnR lundluy ramsn 1.15 ss epc S.F. Drlvo approach 2,Sp y00 5.f. B• P.C.C. trots putter (Inc. curb) ],10 C.T. Strut eacaraticr 2. r0 _1000- C.Y. l.Varttd mbancment 1,50 1it1a4 S.F. Preparation of subgrsde O.1S 17 ass INI Tm S.P. Crushed a09• bass a' 0.12 71 en YOM A.C. over 1100 tons) 27.00 TOR A.C. 900 to 1300 tans) 35.00 TON A.C. 500 to 900 tons) 65,00 TON A.C. under 500 tons) 60,00 _IRI rf), SJ. A.C. ]• thick) 0.55 wn.ms S.F. Patch A.C. trench) 1.75 SJ 1• thick A.. overlay 0,30 _may FA. EA, Adjust sewer a 91 to trade Adjust sewer clean out to grade 250.00 150,00 _ ��2j7L = 7 EA, Adjust water valves to grade 75.00 525 �i EA. Strut lights 1000.00 L.F. Barricad.s (inttrsec. $500 min) 1.00 25.000 L.F. `2 x A• re do holder 1.75 5 F. F.A. �p maul o/ A.C. pavement `SItNa Bare 0,�5 �.L -�0a LP. 5ulpine 50. 0 1p.00 Not EA. �L EA. Strulpns t Pms 54 S pp 150 W 150 m 1 rraT L.F. Concrete block Will 25.00 Mn S.F. petal "In I wt! 20.00 '- �� TON Aggr +gate bass 7,00 C.Y. Controls structures 425.00 L.F ] 29,00 L.F. 24 ' RCP 3500 D 35,00 �- �� L.F. 3 6. 0.CP 2000 0 a9 00 L.F. 48• RCP 1200 g 76.00 EA. Catch basin N • 41 2000.00 EA. Catch basin N - 2' 29W.W EA. Catch basin N • 72' 4500.00 EA, Local depression P 600.00 [A. Lecel depression 12' 1000,00 EA. ,unction structura 6000 00 EA. Outlet structure, Std 0606 1500.00 EA. Outlet structure, Std ASO7 500.00 �. EA. GUAM pmts 40.00 L.f -' Guard panel (wood) 25.00 L.r, �S �• sawcut Neadwall (at- Mint) 2.00 4000.00 ai750 L.F. 5u.st ir.es LanCtupinIy i Irritation 70.W 2.75 ,_,�_ L.F. Roll curb (P.C.C.) 7.50 Mate• ALL STORM OAAIM OOMOEO WITH TRACT 13022. ENGIHEERIRU INSPECTION •RESTORAtION FEE I1.87S 5116 TOTAL /CELINCATION CASH 1,000 COVINGENCT COSTS 20% ]9b.719 DEPOSIT (AUUNDABLS) FAITHFUL PERFpUUACE BONG MOR!/1ENTATION 56UTY (CASH) /$,Soo LABOR MO MATERIAL . 1 BOMO (50(5 ) il �I0 - pursuant to City, .f Panchh Nc a 1 al Cede, Bernardino CoantY Code Titles! Chest t• D Title 1, Chapter 1.02• S,r� iG9tln9 so, ",,,•„ -,•- .. ,__ _ D sash veataratfm /tlelinutlon degtit shall SUBDIVISION GUARANTEE NO PERFORMANCE (SETTING OF FINN. MONUMENTS) City Council City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Gentlemen Pursuant to Chapter 4, Article 9, Section 66497 of the Government Code, the undersigned hereby agrees that all monuments shorn on the final map of Tract 13060 are to be set and furnished by the subdivider's engineer or surveyor on or before August 1987, as specified in the Engineer's or Surveyor's Certificate and agrees to furnish the notes thereon to complete all engineering requirements specified in Section 66497, of the Government Code. -he undersigned hands you herewith the sum of $5,500 (Receipt No. _ as a cash deposit, said deposit to guarantee that the monuments will and the notes furnished as above provided on or before the date specified and that the engineer or surveyor will be paid by the undersigned. It is further understood and agreed that to the event the undersigned fails to complete the above requirements within the time spec if led, the City of Rancho Cucamonga is authorized to complete said requirements or cause them to be completed and the cost thereof 1s to be a charge against said cash deposit, and the City of Rancho Cucamonga 1s authorized to make the necessary transfer from said cash deposit to the credit for thn proper city fund. It is further agreed that if the undersigned does not present evidence to the City Council that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor gives the notices prescribed In Section 66497 of the Government Code, the City shall pay to said engineer or surveyor, the cash deposit herein made. If the cost of completing said requirements exceeds the amount of the cash deposit, the undersigned agrees to pay the difference within thirty (30) days after receiving written statement from the City of Rancho Cucamonga specifying the amount of the difference between the cash deposit and the actual cost of said requirements. Cordially, L11E WILLIAM LYON COMPANY Subdivider 8540 Archibald Ave , Ste B Address Rancho Cucamonga, CA 91730 Date The depos4ter of record (for return of any portion of the cash deposit) shall be Sr.o as above Name 4resa NOTE: TO BE SUBNMM FULLY FILLED OUT AND SIGNED IN TRIPLICATE ,3 y RECORDING REQUESTER 8y AND MIEN RECORDED RETURN TD, City Clerk, City of Rancho Cucamonga P 0 Box 807 Rancho Cucamonga, CA 91730 THIS ArREEMENf is entered into this 7th day of July 198 and is to be dbec [1 v1 that date, regardless of the dace of execution hereof, and is by and between the City of Rancho Cucamonga. corporation (hereinafter soOnthea referred to o „g a mu Of exel Company (hereinafter sometimes referred to as "Developer ))and The William Ly, /7i1ERE..d, Developur has purchased approximately 19.5 -,rest more or less. located generally east of Deer Creel Channel, north 19 SPRR, vast of til lleg,, Avenue , Rancho Cucamonga. has processed and received conslating of 06 lots to the IRIER¢�S,p Innconneection with tentative approval by the City, the City has tents tivel a PI nned unit davelopmantl and p for Tract 33060 end alto plan (NIA) to allow WHEREAS, is a condition precedent to approval of the tentative tract map and site plan, the City has made certain conditions and requirements regarding recordation of Covenants, Conditions and Rustrictions (hereinafter aometlmas refe,red to as "CC6R's ") to be recorded with the avid final map which may inco,porate certain apeclal building features to be provided b the ProJecti and Y Developer !n HNEREAS, the final tract asp possible to 11111 conraancemenc o: oust be recorded the ProJecti and WHEREAS, Developer dart -ss to record the final tract mop for Tract 13060 without concurrent recordation of the Cr&R's because rev CC&R'a by rho California Department of Real Est"' (hereinafter aomelew referred to as "DRE ") will most certainly low o[ t CG&R'a but will not be 'ccompllshad prior to result requested required date changes [o sold recordation of the final tract map for Tract 13060 1 and 4HERWIS, City and Developer desire to e,•t1r Into this Agreement to a ISO Issued previde ra oast cof tCCAR `e yhas that no aerwlt fora home in the Project will D recorded. pprovid by and accepted by the City an N NOW, THEREFORE, the parties hereto agree a$ follawat 1. Prior to any obligation on the part of City to Issue boLlding permits for the Project to be constructed in accordance with final Tract Map 13060 and site plan (MIA). Developer will deposit with City a sot of proposed Ce6R's, and will certify to City that the CC8,R's so deposited have received ORE approval. Further, said CCBR's must be acceptable to and approved by City and Its legal counsel and recorded prior to City's obligation to Issue building permits 2. The said CC&R'a will Lrcorporstp therein any special conditions or requirements which have been relutrud by the City or its Planning Commtsuton or City Council. 3 It, after recordation of the final tract map for Tract 13060 there Is a request to revert the Project to acreage or request by Developer or any successor in interest to reaubdfvida the property, this Agreement will be cancelled and terminated by recoreing a document to that effect executed by the City and Developer or Developer's successor in Interest as a condition precedent to such ruverslon to acreage or approval of a different Project or oubdivision on the subject property. Once CC&R's satisfactory to the City and approved by the DRC shell have been received by the City for recordation and recorded, the City and Developer or Its successor in interest shall execute and re,ord a document declaring that the conditions of this Agreement have been satisfied and that rh_s Agreement is null, void, cancelled, and of no further force and effect. WHEREFORE., this Agreement Is executed the day and year first above written DEVELOPER, TF YILLIAN 0 OM�pIIY CITY OF RANCHO CUCAHORCA EY, VV .--P a! o RYr Mayor of the City of 1� Rancho Cucamonga ATTEST, City Clerk of the City of Rancho Cucamonga /3b , nI l STATE OF CALIFORNIA ) I ae COUNTY OF San Bernardino ) On this the 7th day of _ July undersigned, a Notary Publie , 1986 before me, the in and for said County and State, personally appeared James P. Bail av the Vic----- s- President , and , personally known to me to be Steven Ford , personally known to aw CO be the _Assistant Secretary of executed the ul thin """W" on behalf the corporation that of the corporation therein nared, acknowledged to we thrt such corporation and executed the within instrument pursuant to its bylaws or a resolution of acs board of directors. OFFICIAL SEAL Signature t .l))�A/\,i / //( LORI M BLOWN Rif votary Public in and for Sald oraar wows• Wro9raA 1111 sRxs:rD3xO COlxlff County and State N'mma aq+tl lllr rl, 1989 137 r. RESOLUTION N0. g(, ');).). A RESOLUTION OF THE CITY COUNCIL OF INC C,Tf Or RAKC"n CIICAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENIS, IMPROVEMENT SECURITIES, AND FINAL MAPS OF TRACT NOS. 13057, 13058, 13059 AND 13060 WHEREAS, the Tentative Map of Tract Nos. 13057 consisting of 147 lots, 13058 consisting of 203 lots, 13059, consisting of 137 lots, and 13060 consisting of 86 lots, submitted by 'ae Nilliam Lyon Company, Subdivider, located in the Victoria Planned Community have been submitted to tha 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 vith the requirements of Ordinance No. 28 of said City; and NNEREAS, to meet the requirements established as prerequisite to approval of the Final Maps of said Tracts said Subdivider has offered the Improvement Agreements submitted herewith for approval and execution by said City, together with good and sufficient Improvement Securities, and stbmits for approval said Final Maps offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cite of Rancho Cucamonga, California, as follows: I. That said Improvement Agreements be and the same are 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 Securities are accepted as good and sufficient, subject to approval as to torm and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Maps delineating same be approved and the City Clerk, is authorized to execute tae certificates thereon on behalf of said City. /38 '4;' J I RESOLUTION NO. 2� -DO'�- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFC:aNIA, APPROVING AN AGREEMENT WITH THE WILLIAM LYON COMPANY FOR POSTPONEMENT OF APPROVAL OF C.C. &R'S FOR TRACT NOS. 13057, 13050, 13059 AND 13060 WHEREAS, the Tentative Maps of Tract Nos. 13057 consisting of 147 lots, 13058 consisting of 203 lots, 13059 consisting of 137 lots end 13060 *.onsisting of 86 lots, submitted by The William Lyon Co many, Subdivider, located in the Victoria Planned Community was conditionally approvad to prepare Covenants, Conditions and Resolutions (C.C. &R'S) in compliance with standards established by the City; and WHEREAS, to meet the requirements as a prerequisite to aporoval of occupancy of the proposed development said subdivider has entered into an agreement sutmitted herewith for approval and execution by said City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California as follows. 1. That said 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 cause same to be recorded upon said execution. r CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 TO: City Council and City Manager 1 1-9• FROM: Lloyd B. Butts, City Engineer BY: Michael 0. Long, Senior Public Works Inspector SUBJECT: Approve and execute contract documents for Baseline Sidewalk Improtements for the low bidder, Bob Britton Inc. for the low bid of $8,8837.32 to be funded from Beautification Funds. On July 2, 1986 Council approved award of the S0.'2Ct project to Val Foth and Sons for $8,837.32. Herewith submitted for execution are contract documents for Baseline Sidewalk Improvements. Additionally, it is requested that Council authorize the Administrative Services Director to set aside $10,605.00 (low bid plus contingencies of $1,767.68) for this project to be funded by Beautification Funds. RECOMMENRATION It is recommended that City Council authorize execution of the Baseline Sidewalk Improvement contract documents and direct the Administrative Services Olrector to set aside $10,605.00 from Beautification Funds to fund project construction. Res ectful y su tt�edd.,, LBH: L:dlw Attachments le lo .,I S- t , CITY OF RANCHO CUC,"ION;GA COMMUNN Y DFVELOPAFEWT DEPARTMENT a� 4� t e"• SPECIAL PROVISIONS NOTICE TO CONTRACTORS PROPOSAL AND CONTRACT BASF LYNN SIDEWALK IMPROVEMENT North Side from 600 Feet Cast to 1300 Feet East of Hermosa Avenua 810 OPENING: dune 19, 1986 at 2:00 P.M. PAOny Plarhar, lkddelt E+IGbfrr ENGINEERING DIVISION i yl r f 'c CITY OF RANCHO CUCA . ONGA Ci 3 M.. Aee� K a 19)) � !• &Wn Q An D. Maeb RkAYa M IhN P,,grV J. Vhf SPECIAL PROVISIONS NOTICE TO CONTRACTORS PROPOSAL AND CONTRACT DOCUMENTS for RASE LINE SIDEWALK INPROVERENT North Side from 600 Feet East to 1300 Feet East of Hermosa Avenue LLOYD HUR8S City Engineer MAY 1986 SE111E ROAD, SURE C• YOSroMCE80% 807 .�jANCHO CUCAMONp :�"�' " •I• f A, CALffORN1A91730 • (711) 999•lal1 i,' STANDARD CONTRACT OOCUNENrS AND GENERAL CON011IONS TABLE 4F CONTENTS NOTICE INVITING BIDS ............... . .............A -1 thr 3 INSTRUCTION TO BIDDERS ................... .........8 AGeneral .......... ............................8 -1 B Examination of Plans, Specifications, and Site of Work ........... . ............... 8 -1 C Disqualification of Bidders and Proposals .... B -I 0 Award and Execution of Contract ..............8 -2 b 3 Acceptance or Rejection Award of Contract Bond; Workers Compensation Execution of Contract LigLidated Damages ESignature of Contractor ......................0 -3 b 4 Corporation Partnership Joint Venture Individual FBid Bond .............. ....... .. ...........8 -4 GAddendums ........................ ...........3 -4 HEstimate of Quantities ....................... 8 -4 IList of 'i ubcontractors .......................8 -4 JCompetency of Bidders ..... ................ .8 -5 K Return of Proposal and Guarantee ............. 8 -5 LCity Business License ............ ...........8 -5 PRDrOSAI.......... .. ..............................0 thru E Schedule of Unit Cost and Lump Sum Amounts ...................... ..... ..........0 -1 and C -2 Bidder Agreement . .. ............................0 -1 Bidder Information .................. I........ ..E -1 Subcontractors ......... ........................E -2 Certification of Non - Discrimination .............E -3 Nan - Collusion Affidavit .........................E -4 Bid Bond ......... ... . ............... .......E -5 CONTRACT ........ ................... 6 .............F 6 G Agreement .... ..... .... .......... ....... ...F -1 thru 7 F•ithful Per.ormance Bond .......................G -1 d 2 Labor and Materials Bond ........ ...............G -3 S 4 Wcrkors Compensation Insurance Certificate .................. ....G -5 l y3 +pv- • Table of Contents (continued) . GENERAL CONDITIONS. ...... Section 1 Specification and Definitions.. 1.01 General •••...GC I A 2 1 02 Intent 1 03 Definitions Section 2 Scope and Control of the Work.. ..GC 2 6 3 2.01 Contract Documents 2.02 Errors or Discrepancies 2.03 Defective and Unauthorized Work 2 04 Dismissal of Unsatisfactory Employees 2 03 Ter- lination of Unsatisfactory Subcontractors 2.06 Surveying Section 3 Changes in Work.... .... Section 4 Control of Materials.......... 4.01 General GC 3 d 4 4.02 Testing 4.G; Plant Inspection Section 5 Utilities ................. 5.01 General •••••••••. GC 4 5 02 Location 5 03 Protection Section 6 Proscution, Progress and Accoptance of-Work, .... 6.01 General " " " " .GC 4 thru 7 6.02 Construction Schedule 6.03 Workday 6.04 Temporary Suspension of Work 6.05 Termination for Breach 6.06 Time of Completion and Liquidated Dam aaes 6.07 Final Cloan -up 6.08 Final Inspectinn 6.09 Notice of Completion 6.10 Maintenance and Guarantee /C/t/ wa Table of Contents (continued) Section 7 Responsibilities of the Contractor............ 7.01 .. .............GC 7 thru 16 Compliance with Laws and Regulations 7 02 Ilan - Discrimination 7.03 Payrolls of Contractors and Subcontractors 7.04 Pay% nt of Employees 7.05 Wage Underpayments and Adjustments 7.06 Permits and Licenses 7.07 Patents 7.08 Sanitary Provisions 7.09 Personal Liability 7.10 Contractor's Responsibility for Work 7 11 Notice and Service Thereof 7.12 Warranty of Title 7.13 Provisions for Emergencies 7 14 Insurance 7.15 The Contractor's Representative 1.16 Public Convenience and Safety Section 8. Facilities for Agency Personnel..... GC 16 ;. Section 9. Measurement and Payment .............GC 16 b 17 9 01 General 9.02 Partial and Final Payment 9.03 Work Performed Without Direct Payments i 9.04 Retention of Imperfect Work SPECIAL PROVISIONS.. .... ........ .......SP -1 and 2 Section 10 Special Provisions 10.01 Scope and Control of Work � 10.02 Utilities 10.03 Responsibilities of the Contractor �) 10 04 Measurement and Payment i; 10.05 Clearing and Grubbing �- 10.06 Concrete Sidewalk, Ramp. Drive and Curb and Cutter v� Al _r Nil-, p NOTICE INVITING SEALED BIOS OR PROPOSALS Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 P.H on the 19th day of June, 1986, sealed bids or proposals for Base Line Sidewalk Improvement In said City. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C. Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose. addressed to the City of Rancho Cucamonga, California, marked, 081d for Construction of Base Line Sidewalk Improvement' PREVAILING WAGE: Notice Is hereby given that in accordance with the provisions of California Labor Code, Division 2. Part 7, Chapter 1, Articles I and 2, the Contractor is required to pay not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per them wages for holiday and overtime work In that regard, the 0l rector of the Department of Industrial Relations of the State of California 1s required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 "ate Line Road, Suite C, Rancho Cucamonga. California, and are available to any interested party on request. The Contracting Agency also shall cause a cnpy of such debirminations to be posted at the job site The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty -five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborar, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulatsons of the California Apprenticeship Council, properly Indentured apprentices may be employed In the prosecution of the work. Attention is directed to the provisons in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.3, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeabte occupation to apply to the joint appreat Iceship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval The certificate will also fix the rat.0 of apprentices to journeymen that will be used in the performance of the contract. The ration of apprentices to journeymen In such cases shall not A -1 /Y 6 be less than one to five except. A 'When unemployment to the area of coverage by the Joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ration of one to five, or C. When the trade can show that it 1s replacing at least 1/30 of its membership through apprenticeship training on ar annual basis statewide or locally, or 0. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight Journeymen The - ontractor 1s requiredd to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or Journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and :177.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, Sar. Francisco, California, or from the Division of Apprenticeship Standards and Its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed In the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with m. Ong hours as set forth in Division 2, part 7, chapter 1. Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty -five dollars (525.00) for each laborer, workman, or mechanic employed In the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours to violation of said Labor Code Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the ap,licable collective bargaining agreements filed in accordance vith Labor Code Section 1173.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equrl to at least ten percent (10S) of the amount of said bid as a guarantee that the bidder will enter into the proposrd ^ ontract if the same is awarded to him, and In event of failure to enter Into such contract said cash, A -2 /y 7 ■ ,-ishler's -neck, certified check, or band ;halt oecome t'ie property ;f :ne .1 -1 :' Rancho Cucanonga If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (1005) of the contract price thereof, and an additional bond in an amount equal to fifty percent (505) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the perfora:ar.:e of the work Lor,tracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certifi:ate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered Into between him and 'he said City of Rancho Cucamonga for the construction of said work No proposal will to considered from a Contractor whom a proposal form has not been Issued by the City of Rancho Cucamonga. Contractor shall possess a Class "A" (General Engineering Contractor) or a Class "C -8" (Concrete Contractor) license in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 1000, et. seq ) and rules and regulations avopted purusant thereto at the time this contract is awarded. The work 1s to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and specifications will be furnished upon application to the City of Rancho Cucamonga and payment of S 15.00 , said S 15.00 is nonrefundable Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of S 5.00 to cover the cost of mailing charges and overhead The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set forth in the Plans and Sp- ciflcations regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the City of Rancho Cucamonga, California. Dated this 21st day of May , 1986 . PUBLISH: June 3 and 10, 1986 A -3 /(/8 INSTRUCTION TO BIDDERS A. GENERAL Proposals under these specifications shall be submitted on the blank forms furnished herewith. When presented, they must be completely made out in the manner and form indicated therein, showing the proposed prices clearly and legibly in both words and numerals, and must be properly signed by the hidder, whose address, telephone number and California Contractor's license number must also be shown. The City Council reserves the right to reject any bid if all of the above fnformatfon is not furnished. Each proposal so submitted shall be presented under sealed cover; and must be filed prior to the time, and at the place designated in the Notice Inviting Bids. All proposals submitted as herein above prescribed will be publicly opened and read at the time and place indicated therefor in the Notice Inviting Bids B. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK Tho plans and specifications to which the proposal forms re er are on file and open to inspection In the office of the City Engineer. Bidders must satisfy themselves by personal examination of the lucation of the proposed work and by such other means as they may prefer as to the actual conditions and requirements of the work, and shall not at any time after submission of the bid dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done. C. OISWALIFICATION OF BIDDERS AND PROPOSALS More than one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted, and reasonable grounds for believing tl,at any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bijue: is interested. Proposals In which the prices are obviously unbalanced, and those whfci; are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otnerwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted will be rejected 0 -1 /4/'? Instruction to Bidders (continued) D. AWARD AND EXECJTION OF CONTRACT Acceptance or Rejection: The rlgnt is reserved to reject any and all proposals or to accept the proposal deemed best for the City. The City Council shall be and is liereby consti -uted an exclusive judge as to which proposal ii best for the City, and in ascerting that fact, the city Council will take Into consideration the business integrity, financial resources, facilities for performing the work and experience in similar operations of the various bidders. Award of Contract: The award of thi contract, if it be awarded, will be to toe lowest responsible bidder. Tne award, if made, will be made as expeditiously as possible after the opening of the proposals. In no case will an award be made until all necessary investigations are made Into the responsibility of the bidder to whom it is proposed to award the contract. Bonds: The Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business 1n the Statu of California in the sum equal to one hundred percent (100X) of the total bid, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations and agreements contained In said contract; In addition, the Contractor shall furnish a Labo and Materials Bond in a sum equal to fifty percent (50%) of the contract price, as required by the provisions of Chapter ill Of Division v of Title I of the California Government Code. Workers Compensation: Before commencing any work under the contract, trot successful bidder must file with the said Engineer a certificate by an insurance carrier authorized under the laws of the State to insure employers against liability for compensation under the 'Worker's Compensation Insurance and Safety Act% stating that such bidder has taker, out for the term for which the contract is to run, compensation Insurance covering his full liability for Compensation under said Act for any person Injured while performing any work or labor necessary to carry out the provisions of this contract, and an agreement to immediately notify said Engineer if said policy should lapse or be cancelled. in the event that such policy should become Inope•ative at any time oefore the completion of the work, all work shall cease immedia �ly until a new policy is obtained and any time so lost shall not entitle Contractor to any extension of time. B -2 /15-0 yy, Instruction to Bidders (continued) Execution of Contract: The contract shall be signed by the successful bidder and returned together with the other required documents, within fifteen (15) days after the bidder has received notice that the contract has been awarded, unless extended by said City Council in writing. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable documents as providea herein within fifteen (15) days from receipt of notice of award shall be just cause for the annulment of the award and forfeiture of the proposal guaranty, not as a penalty but as liquidated damages. Award may then be made to the next lowest responsible bidder or the work may be re- advertised or may be constructed by day labor as the City Council of the City of Rancho Cucamonga may decide. Liquidated Damages: Attention is directed to the provisions of Section 6.06. Time and Completion and Liquidated Damages of the General Conditions. The contractor shall pay to the City of Rancho Cucamonga the sum of One Hundred (5100.00) per day for each and every working day's delay in finishing the work in excess of the number of working days prescribed in the Contract Proposal. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. E. SIGNATURE OF CONTRACTOR Corporation: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporatlor, in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so, is on file in the City Clerk's office. Partnership: The naves of all persons comprising the partnership or co- partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner authorized to sign the contract on behalf of the partnership Is presented to the City Clerk, in which case the general partner may sign. B -3 /S Instruction to Bidders (continued) Joint Venture: Bid submitted as a joint venture must io state and be signed by each joint venturer. Individual: Bids submitted by a individual must be signed by the bidder, unless a general power of attorney, not more than 60 days old, is on file in the City Clerk's office, in which case the attorney in fact may sign for the Individual. The above rules also apply in the case of the use of a fictitious business name. In addition, where a fictitious name is used it must be so Indicated In the signature. F. 810 BOND Bid Mt he accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than (10) percent of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. G. AODEND@LS The correction of any dlscrepaucies to or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A copy of each such addendum will be ma l led or delivered to each person receiving a set of these documents, and shall be made a part of the contract A signed copy of the addendum shall be returned to the City prior to bid opening or attached to the bid documents Failure to do so may result in bid rejection. Any other interpretation or explanation of such documents will not be considered binding. H. ESTIMATED QUANTITIES The quantities given in the proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of t. work, as may be deemed advisable or necessary by the Engineer. I. LIST OF SUBCONTRACTORS The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 50% of the total value of all work embraced In the contract. With the proposal the Contractor shall list (a) the name and address of each subcontractor who will perform work included in the contract, and (b) the portion of work which will be done by each subcontractor. B -4 /,5-a, ro' Instruction to Bidders (continued) 1. J. COMPETENCY OF BIDDER The bidder shall be licensed under the pro isiens of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shell be skilled and regularly engaged In the general class or type of work called for under this contract. To assist In the determination of Competency, the Contractor shall complete the attached "Bidder Information' form. K. RETURN OF PROPOSAL AND GUARANTEE The cash, check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The cash, checks or bonds of the remaining qualified bidders will be returned when the bidder to whom the contract has been awarded has properly executed and returned all of the required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty -five (45) days from the date of opening bids L. CITY BUSINESS LICENSE Municipal Ordinances require the issuance of a City Business License as a condition precedent to being engaged as a Contractor within the City. B -5 I S3 a P R 0 P 0 S A L SCHEDULE OF UNIT COST AND LUMP SUM AMOUNTS Base Line Sidewalk Improvement from 600 Feet East of the Intersection of Hermosa Ave. and Base Line to 1300 Feet East TO THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA: The undersigned bidder declares that he has carefully examined the location of the proposed work, that he has examined the plans, special provisions and specifications, and read the accompanying instruction to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all material and do all the work required to complete the said work in accordance with the Plans, Special Provisions and Specifications, in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in the schedule on the following Proposal. Item Estimated Description No Quantity (Unit Price in Words) 1 2823 S.F. P L.C. Sidewalk at 11n� rl�llnv fn•f� P1r,nY CP411C per square foot 2 22 L.F. Dep. Curb and Gutter at �je"ev% rik•Ilays t.0 +•L r PnIJ per nee foot 3 280 S.F P.C.C. Drive Trans, at � inn du lkty¢ e,T r.nic per square oot C -1 1,5-T' Unit Price Total (In Figures) (In Figures) S 1. Ng S 4/74 t / '/ S h.tc S /i.'i7c` ✓ s n 4R s C 9 Ve --" B drier r PROPOSAL ' SCHEDULE OF UNIT COST AND LUMP SUM A1g81liTS Base Line Sidewalk Improvement from 600 Feet Ewst of the intersection of Hermosa Ave. and Base Line to 133J Feet East 4 280 S.F. A.G. Or1ve Removal at nr ll t� per square oot 5 22 L.F. Curo G Gutter Removal at per nea oot 6 Lump Sum Clearing umnd Grubbing at Lump 2aA.� .� 4• S�1 1-23 -Ely/ Ma n5 + S TOTAL SUM OF 0-10 J j(ors V N n9 }s a S Qu —re s �`er C -2 P R O P O S A L BIDDER AGREEMENT The undersigned also agrees as follows: FIRST: Within 15 calendar days from the receipt of the Notice of Award of Contract, to execute the contract, and to furnish to the City of Rancho Cucamonga, Two (Z) satisfactory bonds in t'se amounts specified in the Notice Inviting Bids guaranteeing tie faithful performance of the work and payment of bills. SECOND: To begin wore within 10 calendar days after the date specified in the Notice to Proceed and to prosecute said work in such a manner as to ccmplete It within Ten (10) working days after such specified date. Accompanying this proposal 1s cash, a cashier's check, or a certified :heck of a bidders bond for not less than ten percent of the total amount of III bid payable to the City which is to be forfeited, as liquidated damages, if, In the event the contractor does not execute the contract and furnish satisfactory bonds under the conditions and within the time specified in this proposal, otherwise said cash, cashier's check, certified check, or bidder's bond is to be returned to the undersigned. Within 15 calendar days after award of the contract the City will return the bidders bond accompanying such proposal not considered in making the award. All other bidders bonds will be held until the contract has been finally executed. They will then be returned to the respective bidders whose proposals they accompany. BIOCER PrhL,4,1,1 1,1, F,r.n, mi nvuvr.: it oiar,r is a corporation, state legal name of corporation and names of the preside,t, secretarv, treasurer, and manager; copartnership, state true name of firm and names of all individual copartners composing firm; or an individual, state first an6 last names in full. 'Licensed in accordance with an act providing for the registration of Contractors. Lice se No. 4'19. H SIGN HERE _ P , t 1 i I,11t cer t e ate Off rer ----YrtTa -- to —fit e— ante — officer Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, copartnership or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be or, file with the City prior to or at time of bid opening; otherwise the bid will be subject to rejection by City Counsel. 0 -1 /S6 P R O P O S A L BIDDER INFORMATI07 The bidder shall furnish the following information Additional sheets nay be attached If necessary: NAME OF FIRM: R- h r r+ x, }{r iv Inc Type o' Firm: Corporation —Y Individual _ Partnership Business Address: 111 3 rl� Oct 9:2404 Place of Business �u n,e. Place of Residence IQ(`lrs itili.''r 3/,0�layck,NCrCu9440T Telephone: 1114 SC5 6SgS Contractor's license: State: 0 L License No. -Ury =rc fi 8,C H L Names and titles of all members of the firm: If Numler of years as a contractor in construction work of this type:-L-Ly.. Thre,. projects of this type recently completed: Contract Amount Type of Project Date Completed Owner's Name b Addrs. Z, 1 4'r `` 3o-Iewolki -Tn i N1,V0�5_ (',4V G4 lininntl R, src..ra.ar. �� CCO S'lrn t- , �IKi r. .T �.\tV C� 4nul3r, „nrd r,'c C, +y . R.ve.•., t �� p ?( -. 00,E 04 PncK+:e Sv1r, r•I�': " '�40J;r r Person who inspected site of the proposed work for your firm: flame: Date of Inspection: caner /!• !%�( NOTE: If requested by City, the Bidder shall furnish a notarized financial statement, references, and other Information, sufflclenV y comprehensive to permit an appraisal of his current financial condition. E -1 /s7 P R O P O S A L SUBCONTRACTORS TR�RS In compliance with the provisions of the Goverment Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each sub - contractor who will perform work or labor ar render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one -half of one percent (1/2% of the general contractor's total bid, and the portion or the wort which will be done by each sub - contractor as follows: Place of Subcontract(• s lame Business Oes,-rlption of (Address d Phone) Work F. -2 15E PROPOSAL CERTIFICATION OF NON- DISCRININATION BY CONTRACTORS As suppliers of goods or services to the City of Rancho Cucamonga, the firm listed below certifies that it does not discriminate in its employment with regard to age /handicap, race, color, religion, sex or national origin, that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment; and that It agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. We agree specifically: I. To establish or observe employment policies which affirmatives, promote opportunities for winority persons at all job levels. 2. To cocmunicat: this policy to all persons concerned, including nil company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. ro take affi�llrmative steps to hire minority employees within the firm. FIRM t� 2 0b fly, }i0,3 .Inc, TITLE OF PERSON Sv`�`;N IG Presid SIGNATURE � DATE - -Tiks+e. i9r 1946 Please Include any additional tniormation available regarding equal opportunity employment programs now in effect within your firm. E -3 /5-1' P R O P O S A L NON - COLLUSION AFFIDAVIT (This affidavit shall be executed by all bidders at the time of bid opening. Failure to complete the form may constitute the bidder being judged non responsive and having his bid rejected.) To the City of Rancho Cucamonga: The undersigned bidder is submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That the urdersigned bidder has not, either directly or in,ire, y, entered into ary agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Bas- Line Sidewalk Improvement or ��1 n` hb 1 h 5 N IN B iow by T1 Te Ly I n} by Title ACKNOWLEDGMENT Staleol California ` County of San Bernardino ss' ORssue~ pmcuu. l UYEM Ill. il�'a 10 PWC'rwrc�a 9tl L7eVAg1D M% f taeaixeu NNIII INS wr _ Individual, _ Partnership Corporation _ Other, explain wWl Onthlslhe 19thdayof Junc 1986 before me, the undersigned Notary Public, peraonmly appeared Robert R. Britton CE pe'aonally known tome ❑ proved to me on the baslaol eadslactory evidence to be the penon(s) whose name(a) 19 Subscribed to the wlthin Instrument, and acknowladged fill' he exeeulod 11. WITNESS my hand and of finial seal. �Y'7 w4 �-t '971 111 -4.vj.,,_. No1Ny3 Signature y/ it Wl \'ML MnrU1Y �IIM • bOn YW, IM.' Ip av Y71' wn1N Mr.4 FY, AGREEMENT KNOW ALL MEN BY THESE PRESENTS That the following agreement is made and entered Into, Jr, triplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter refer- ed to as the "COMM an the City o anc oiE—f 7ucamonga, California, hereinafter referred to as "CITY•. WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified In said notice; and WHEREAS. City did accept the bid of Contractor and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the construction of Base Line Sidewalk Improvement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, It is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, mater a s, appnces, and equipment for and do the work for the Base Ll,e Sidewalk Improvement. Said work 'o be performed in accordance with .peciftcatlons and standards on file In the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are ncorporate have n by re arence thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents,the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This controct is intended to require a complete and finished piece of work and anything necessary to complete thj work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or nit. Should It be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of tits written agreement shall control. 3. TERMS OF CONTRACT. A. The undersigned bidder agrees to execute the contract within ten (10) working days from the date of notice of award of the contract or b -nn notice by City after the 10 working days, and to complete his portion of the work within Ten (10) working days from the date specified in the Notice to F -1 /(0/ Proceed The bidder agrees further to the assessment of Ilqufdated damages In the amount of One Hundred (SIOO.CO) dollars for each calendar day the work remains Incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE the Contractor shll not comaenee work under this contract until he aTi s obtained all insurance requted hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained The Contractor shall take out and maintain at all times during the life of this contract the following policies of Insurance: a, mpensation Insuracne: Before beginning work, the Contractor snallfurnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors In carrying out the work specified herein, in accordance with the laws of the State of California. Such Insuranry shall be maintained In full force and effect during the period coverea by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Sectton 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." For all operation of the Contractor or any subcontractor in performing the work provided for herein, Insurance with the following minimum limits and coverage: (1) Public Liability - Bodily Injury (not auto) $500.000 each person; $1,000,000 each accident (2) Public Liability - Property Damage (not auto) $250,000 each accident; $500,000 aggregate. (3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. (4) Contractor's Protective - Property Damage $250,000 each accident: $500,009 aggregate. F -2 ■ R (5) Automobile - Bodily Injury $600,000 each person; $1,000,000 each accident. (6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for to paragraph b. shall: (1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California; (2) Name as additional Insured the City of Rancho Cucamonga, its elected officials, officers, arents and employees, and any other parties specified In the bid documents to be so included; (3) Specify it acts as primary insurance and that no insurance held or awned by the designated additional insureds shall be called upon to cover a loss uneer said policy; (4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be cancelled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such Cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be In form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional Insureds in the policy of Insurance provided for In paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor to performing the work provided for herein; (2) Provides it shall not be cancelled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractcr shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a .ertIficate of the insurance company, showing the issuance of such Insurance, and the additional Insureds and other provisions required herein. F -3 /� 3 5 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions o a ornla Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor 1s required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work 1s performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are cn file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line, Suite C, Rancho Cucamonga, California, and are available to any Interested party on request. City also shall cause a copy of such determinations to be posted at the Job site. The Contractor shall forfeit, as penalty to City, twenty -five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, If such laborer, workman, or mechanic ispald less than the ge.,eral prevailing rateof wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, In violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: in accordance with the provisions of Section 177 .5 o t e La or Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution tf the work. Attention 1s directed to the provisions In Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen many apprentirs•ble occupation to apply to the joint apprenticeship committee neap st t site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ration of apprentices to Journeymen that will be usedin the performance of the cartra:t. The ratio of apprentices to Journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of cc.verage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that it Is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or F -4 �' r d When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight Journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or Journeymen in any apprenticeable trade on such contracts and If other contractors an the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work or a workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth to Division 2. Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twnsty -five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic 1s required or permitted tv labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay .raveland subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined inthe applicable collective bargaining agreements filed to accordance with Labor Code Sea ton 1773.8. 9. CONTRACTOR'S LIABILII The City, of Rancho Cucamonga and its elected of c a s, officers . agents and employees shell not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work. or for injury or damage to ony person or persons, either workmen, employees of the Contractor or his subcontractors or the public,or for damage to adjoining of other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor still be responsible for any dumago or Injury to any person or property resulting from defectsor obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or Independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. F -5 165- The Contractor will indemnify City and Its elected officials, officer, agents and employees against and will hold and save them harmless from any and all actions, claims, lamages to persons or property, penalities, obligations, or liabilities that may be asserted or calimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, its elected officials, officers, agents and employees, but excluding such actions, claims, damages to persons or property, penalltles,obligations,or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and In connection therewith: a. The Contractor will defend any action or actions filed to connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorney's fees incurred in conenction therewith. b. The Contractor will proptly pay any judgment rendered against the Contractur ofCity, or 1!s elected officials, officers, agents or emplDyees,covering such claims, damages, penalties, obligations and liabilities arising out of or In connection with such work, operitlons,or activities of the Contractor hereunder, and the Contractor agrees to save and hold the same harmless therefrcm. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or In connection with the work,operatlan, or activities of the Contracto hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment o person ns upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2. Part ,,., Chapter 1 of the Labor Code In accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the mater a and doing the prescribed work the unit prices set forth in accordance with Contractor'u Proposal dated June 9, 1986. F -6 1� W xr BOND NO. 2- 353- 339 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT BOB BRITTON, II:CORPO:NTED , as principal, and THE OHIO CASUALTY INSURANCE CONF.VIY as Surety, are held and firmly hound unto the City of Rancho CUComon ^a, a municipal corporation, in the ,lust and full amount of S EIGHT THOUS.UM. EIGHT IILINDRED THIRTY SEVEN (words)- or s DOLLARS AND 32/100 - - - - - - - - - - - - - - - - - S 8,837 32 gures payment whereof we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly bf these presents. Liven under our hands and sealed with our seal this 17-11 d1y of 3ULY _, 1986. The condition of the foregaing obligation is such that. WHEREAS, the above -named principal is about to enter into a contract with the City of Rancho Cucamonga whereby said principal agrees to construct Base Line Sidewalk Improvement to accordance with the AGREEMENT dated 3D1.1 17. 1986 , which said contract is hereby referred to and made a part hereof to the same extent as If the same were herein specifically set forth; NOW. THEREFORE, if the said principal shall well and truly do and perform all things agreed by the c .cipal in said contract to be done and performed, then this abligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or Item or items of performance required G -1 EXECUTED IN ORIGINAL AND 11:0 (21 COPIES J(jo 7 i CONTRACT FAITHFUL PERFORMANCE BOND therein or - hereunder shall in any manner affect the obligations of the undersignLd under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change. extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this 17ni day of Tiny , 19-SL. —US1N s N , (J \� \1 n il B bY�- -� U�uancrncur ROBERT R. BRITTON by Title Individual Partnership X Corporation Other, explain THE OHIO CASUALTY INSURANCE CO MURZE.N L. VILLENA ATTORNEY -IN -FACT 'SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE I ATTACH APPROPRIATE ACggN.EOGEMENT FOVM (INDIVIDUAL. PARTNERSHIP, CORPORATION, ETC.) G -2 ��O ,r CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY 1NSUIELA NCE COMPANY Needs orrcc+. KUMT It owe No. 21 -925 1tO10 JW AM hp VtW �"Xr:d o TL[ THE OHIO CASUALTY INSURANCE COMPANY. 1. r. si aad.dy sr.aW by Astials y( Swir 1 .1 W V74A".1 «H Csmv.7. a. 1cri7 w6ete, sertL.t..d *,pow, Oscar P. Villena or Maureen L. Villana .. _ _ _ _ _ of Redlands, California - - - - fu ins od 1..1.1 .pa ad aX.n.T 444f.y4 t. male, ..w. is. -1 end d4mr fw ..J as W 61.11 u awy. and an In [w said dead .my east .L 10107.5. UNDERTAKINOI, ad RECOCI(L7ANCE7, as n.s.Y,sg I. say oied. &suaas S" MILLION - - - - _ _ _ _ _ _ - -_ _ _ _ It 6,000,000 00 - DsB.n, u adty. MILLION aar Immd(s) .r v.d.nahleg(e) g.niaaady ch. pFeas d N. ed Intelsat therm. And the nwwMe s7 mesh bee& «- Jeedisp 1. moan .1 6w iamb, .,tell be u 6L8y yds. mM Consm :1..1 11 d amps, to it Wsas ad vurpo.es, u 9 they W bwa d.[Y m.ntd sad .clunl.yd by tM rv;= Lcb�.6nn .1 Ao Grpq .t hs .5« la Handtoa OUq I. thd, so p.....mesa Th. o.thady g awd b.naa&r ammmaLs or ime.ton..vAnay 6wstsf.m pntd the aloe. s•md enrnq(e)•im {•m 6 B77NFS! otHEREOF the andusdre.d, a6.w .1 the mid Th. Ohl. C....1, Wers.se G.,may Lee busiest. ..ha.rrb.d Me sue .d .bad the Gy.rst. 3.1 the e BEAL: mid The OW Gedy !sa'.nnn Gmyo , due 9th &y et September 1965. (Sind) Richard T. Hoffman STATE OF OHIO, l Aeet. Secretary COUNTY OF BLnl.ER f SL 0. tiV 9th Joy of September A. D. 19 B5 Mlar. the eA ... 3•r, s Notes, PAL. .1 the Sias d Ohb, I. and for do G..ty of Butter, dull tomnb•Led ad .m1B.d. mm Richard T. Hoffman, Aest. Secretary of THE OHIO CASUALTY INSURANCE COMPANY. is as yp .By Lase Is 4 the bdow.d end o6... stem 'bid be, .ad rise .nn td tha «alma iwb.mes4 ad be w6s.. ledrsd the necaXea of the asses, .d Mina 67 me duty erne dep...tb and shhh, that be I. the 046mr of the Gseps.r 4n..M. and that M1* wl n6a.d to the Prosodies 1..b.m..t b the Gmwas So.1 s1 uW Gselrar, end theistic Gmanb Seat and his sirnatwm w officer win duly n6nd &.4 moat Tod is the mid lutmma by the nth«iry .d d Ws ca.. .1 4. mid C.,..Iw. . W TESTD.IONY V41EREOF 1 been Mnueta sot my Md cad a &ld my 06sId so [P. 5 � Sa•1 at the Cly .114u0ur Sut. eF Oble. 6. J.r aaJ T., 6M .Men wrin.a. (Srp.J) Dorothy Bibee Aeias, Pu66. I. ad Is. C.u.17 .f Bud.,. Sou .1 Ohio QS� My Gvun[uies December 24, 1986. upim This pa.., el act..., Y n. .,.d nndus snit by -- ,he. Ily d Act W. VI. %.it.. 7 of cha 0,-L... .1 the Gmyo., aJ.,t.J by a. diuusn... Ap,U 2.:934. sau.b Ism rhi.h ...d, •! a ICLE VI' "S.aiee 7. A".I.cmnt nl AUm•r•ted.r1, ae. 'no f the bud the yy n1d..4 say e(snpv.idrn4 she oth ..as .sa 1 Inns w loos, .hall 6. nd I. h.nby .mted rah lull pony .d salon,. en ....I., su.ns,nbd.n q..iq the ..see of ch. Comp .r seismic, tq end le aa.a...,'ask the amenr..m4 arhn.rl.dp and d.lbw ..y .d aB Med., ....InWaw� rupulni..4 uedwtdlnsr as .Ih.r inamntel..4 s .".his .d Mlldm d I....e c . to M gi.se 1. L td eer 1 .es, ledn..l 6.......... m the a16d.1 vrorauGm 16r..r. as t.... .... r men v on, .6[41 bend as Lunde .1 c4..1a .. r.... -s the Let's. Sass. si Amwise..r 1. us, wit., poa,ml .u4 This bw....t 1. eiieed end ...Ind by I...veil. as ewLorimd by the following Rmolut4is adnpl.d by the &r.cun of the GmPa.r en Mel 31. 1970, -RESOLVED that the draaert 1 .nr eK,., el the Compny outherised 1,y Arad, VI S.ain 7 of the 6s•tewo cs.ppalac wromry. in I..,. the p.t.re of the Sn.ras, as say A..amt Sit sous, s.ndp.g to ch ......sae.. day .....1 . P---1 sI euum•y .d the aid d the Cemue.y spy be .6.d :y 6s..Jo a us, p.•., .1 w+e.«y ar .... 1buoel k.ed on MMB d the Company. Such lino... ud . 1 . e, ubl ad pld 6: tb Company . s wit dPmcurn ..d b be Id d hin&ng pee c6r Gsep.ey .nb the nse I.r.s and .R.Ct . t6..th m...s0y a6e.l- «•L CERTIITCATE L the und...gard A..ks.n• S.u.bs, sl Th. Ohio Cs.way In....... Counts., d. hereby so" Jr that the &up4t Para .f uenV. Ankle VI Smile. 7 d [he byl... el the C.rto.oy end ch. .ben R ... I.,u..1 11. Be.d .1 Di...un ... tmo .ad .earct . ...... d am 1. 1.111. n sic .Rea .n 11,4 date. IN WITNESS WHEREOF. 1 Is..e hnmwo sit my Md ad the •.d d at.[ Co."., this 17TH 47 d JULYAD- 198E x xe It BOND ;:0. 2 -558 -839 CONTRACT LABOR AND MATERIALS BOND MOM ALL MEN By THESE PRESENTS: THAT BOB BRIrrON 1aWz ORATE_ as principal, and THE 01110 MUM= TuMm�Nrr ro' �•ry , as surety, are held and firmly bowed unto the City of Rancho Cucamonga, a municipal corporation, in the just and full amount of wor s --------- for the payment whereof we hereby bind ourselves, our heirs, executors, administrators successors and assigns, Jointly and severally, firmly by these presents. Give under our hands and sealed with ou•• seals this I= day of .nry 1986 . The condition of the foregoing obligation 1s such that, WHEREAS, the above -named principal is about to enter Into a contract with the City of Rancho Cucamonga whereby said principal agrees to construct Base Line Sidewalk Improvement In accordance with the AGREEMENT dated JULY 17 lg_&L_, as provided to said contract, which said contract is hereby referred to and mada a part hereof to the same extent as if the sa.x.: were terein specifically set forth; NGW. THEREFORE, if the said principal or principal's subcontractors fail to pay for any materials, provisions, supplies or equipment used in, upon, for or about the performance of said work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemoloyment Insurance Act with :aspect to such work or labor, the surety will Fay for the same In an amount not exceed the sum hereinabove specified, and in case suit is brought EXECUTED IN ORIGINAL MD Tiro (2) G -3 COPIES L a cONrRACT LABOR AND MATERIALS BOND hereon, a reasonable attorney's fee to be fixed by the Court, otherwise this bond shall be void and of no effect; PROVIDED, that no amendment, change, extension of time, alteration, or addition to said contract, or agreement, or of any feature or item /items of performance required tnerein or thereunder shall in any manner affect the obligation of the undersigned on or under this bond; and the surety does hereby waive notice of such amendment, limitation of time far bringing action on this bond by the City, change extension of time, alteration or addition to said contract or agreement and of any feature or item or items of performance required herein or thereunder. This bond shall insure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California, and shall give a right of action to such persons or their assigns in any suit brought upon this bond. WITNESS our hands this 17711 day of JULY , 19 88 BOB B1 DID, INCORPORATED THE 09I0 CASUALTY INSURANCE CO)L°AM' BUS SS N E r N i bj(�PRESIDENT BY: 6- ,lOtlF.ItT R tlRITT N !S\UREE.N L VILLENA DY _ Title__. ATTORNEY -IN -FACT Individual Partnership x_ Corporatiun Other, explain 'SIGNATURES OF CONTRACTOR MUST BE ACMOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE AC1710WLEDsYF"i.T FORKS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). G -4 CEXTIPIM DOPY OF POWER OF ATTORNRY THE GMD CASUALTY ROURA ?iCE COMPANY Roam cc ;'= .uico.Toa, trio No. 21 -925 �Cmm AU I&B hN lz rye l(rtRryit That TIM OHIO CASUALTY INSURANCE CNIAVANY, Is J.eLL.riry snood 6, Actiato y� bWeept 7 J J• 1171..e .1 said Cepet.y, der Leril s. W ta, aut8at• sad.rpe6er Oscar P. VSllena or Maureen L. Villens - - - - - - - J Red' -,do, California - - - - lo tae ..d I.ef l .sw ud atbn - Ied.sL M s.i.. a•..u, rl .d d•Baae Lr ..d a M• L.1.Y u nary. ed u to .e 0-d --A aI BONDd. UNDE [TAKING ad RECOCNRANCES, w .rods to a, dy4 1.•o." oXXMIL ION - - - - - - - - - - - -- - - - (s 6,000,000.00 - •) O ptic, u.d•s Mad t ) a s-d.r "C-) w 6. ' J s pe ..d l.urat LL..o•. A" the vvee aU.. J apple Le.& ar e+J.,cpht p L pace..... el 6r y.o•e.1, tc.n be a Ithedia, a .W C pocce p .. f .ed a.pi W a , to an .a4 aed rvrpwr U ch, led boos .1.1, auatd .ad .clu.l•drd 6> Uw nr.= Jegad .tip.n e♦'the Coepy w Ite .gape is Howl• .. Ohl, la tHit r,a Pry., po w no .eth..iry stowed LpeervLr sapen.d. ay s.. .n. eaAa ry It ... W.'. ".led tie a".. sa.d .aongl.)•6d.m OSEAL. Ie WITNESS W)7AEO' tie pade.asod oga. al the rW The OW Gn.Im Gaper La Lpea�le ab.crrb.A l6 e.m. .ad .Bud LL. C.,to..t. SeJ J ►• r•W The 014 G...br 4•v,.... Gmpay LLIe 9th d., et September 1985. (Sire.d) Richard T. Huffman STATE OF OHIO, Asst. Secretary COUNTY Or BUTLER SS 0. LIU 9th der J September A. D. 11185 61,,. LLe .ub.crB+.e, . Nwrr Pe:Uc : ch. $uu J OW. 1. .sd I., the G.., J Bede, dal, ..e.i.k..d ..d eaD6.d..•m Richard T. He,ffmaa I et. Secretary THE OHIO CASUALTY INSURANCE COMPANY, to no pp ..... B, k. I. L• S. pn UeW..I .d .161., di.o3d b. ad p.h. u•.. A tie eerd,y Imn...l. sd L..elno.- l.dpd 1M a.ata J LL• rr oad b.:.a b .. day .nn. d.pauLL •ed uiti t�I he Y ch. .5.1 J the Co."" lor..id, cad tLet the pool agad to tie pr—&n, Irtrae.ne 6 the C..p•tat. Septet ooW G.pa>, a" tie pow G.pnu Saal.d hio •iC+ let... agar r.. dJ, .g..d •d aebwnb.d I. al. rid ta.l,a..et h, 16 em6erh, .Q eh,ocup. J LL• ,.4 GrDenrla� s.'• IN TESTIMONY WHEIIEOF. I i e. lere.vl. pet n, Lead ..d egad co, OgebJ ap..j+ W, 5..1 w t1a Crr J IbsH,•a. ""I 01.1a. A. d., ad p.. 6re obao. rda.a. �+/ 1 • (5.rp•d) Dorothy Blbee Noo- ry P.6 �. .d lee G•u ,JB.d u. SUr.JOct. >.m M, C poeavio apin.. December 24, 1986. :61. per., J m.nq 4 rnwd .ado .d h, a16.U4 of Arh.1• VL 5.o6a 1 of ch. Bt•L.o .1 the G.pa,. Jyud 6, it du•et... .. Apcl S. 1911...1..... Inn vehich ,ad. 'ARTICLE Vre 7, AppJata•at J Ato•a•>•I.-ro.L eca. The e6•hn•n 1 the hoped. 16• ss ... Wnt...> ice- p ... gash Ile. 711,[6, pvp se 1 41... oopeefap •6.11 6e sail 6 h.reb, ••o•d vah /.n D•a•e •cd .pr6em, I. ypMt .ua•e >••6•i.et rJ•a the a... 1 the C•np.y ..vrn> b, and a ..... , e1uA ch. arP•rpe...1 @n.nkdp And drib.. a.> od .0 head .......nimpo. eipl.ri.n, adm.lb.. r poi., I ..... . eau J • et >en'y ..a PU6t•• .1 in ...r.o.r.•1. , t t . a br • en� n n. i I. I.e., J ..> ted..W..L Aem, urp...Io. ar the g..l repn... t6nd. 6..d .r N—I& al 1 ..w> or U.ad $W.. J A...tca... an, thc n o ;Xlq .3 .ry Thb I..ru.e.. I. .Arad o.J ... led h, Lui.ib .r - -A-16d he the Llb.nnr R ... let!., .dyud 6, the dream .1 the G.pa> .. hie, 77. 1970, '•RCSOLVED thot LL. Jet poor• J .y -Meet of LL. C•.p.n, who.hd b, A.rteb VI S.UA. 7.116. 6t.be t..ppi.. .Ibnep n f.et. the ,a•l.n 1 ch. See .c.ry •r •y Aoo. 1., 5nor...) endner I. ch. c.n.etnw .1 .q ap> .1 ..a the ..J J 16• Co."., nay be .mad 6, Lu,.,]. e. •., pnna J mpeo•> .. ..y LLool i.r..4 .a L.h.11 el ch. C•.p., Seth •rn.bp • ad u.I • • bv6, .d.,W 6> the C..pe .r .. Dale osaoa...4 pool, I. 6. '.f.4 .ad bindue y.. she C..p.> ..a the .....". ad •meet a. 16asA no:Jp .gpd- CERTIFICATE L tie .ed ... iped A..61.w S.pewp 1 The Ohte C• ... h7 I ..e. ..e Cee,p.e,, d. 6.oly i nil, chat tie bnahr pan., .1 ...•prey. Ar1.1. VI Snciu 7 .1 tie L >•bn..1 IN. Ca.p.., ..a the No.. Rudmioa .1 it. Boom .1 D.nto.• .'. tree .rJ .sueet ....... ar. a Sol I.... .. a •E.'I .a W. date. IN WITNESS l9`H EOF.il•.. Luuw•.et .,LW..d 16e .e.i •h1e G.py LL6 17TH der J JULY A.D. IS 86 CI;.r L e..M \Y Ml• \10N SK.Iw> C E R I I f I C A T E O F 1 N 3 U R A N G E Itstc ecir 7/22/86 m ..............0 . u..uu,. e.iwu... n...nu.u.. a peps u.. nun.................... ................................ n.......1 u I cy�'t•• YII(ena Insurance So lAlt caflrk.11 .. $,.it .. A bail., or 1M aotUm .11 ,Rd mf,,. •Oee, Inc R 0 Box 2043 no 1101.1- -I— thy urt Jlob holds. Thl. crrtlflcay de.- Rot ..-R0. Redlands, CA rHmd w alt" IM cwrraor afrwdrd by thr "I lei" brim. 92373 E0a•A41 fa Arp a R l ma c a v r RA OE ro.ur A, Ohio Casualty Ina. Co. Imurr4 fo. Ltr a t Bob Britton, Incorporated co, Lte CI Bob Britten Excavatng,lnc Co. Ltr ul 171 S. Waterman Ave C*. Lty r, Sun Bernardino, CA 92400 TAB I{ to cntlfy "'It politico lltbd boa, hit bcon mime to tM mwlad Road .bee ray IM policy pr1-d IMlutrd. Iftit"ll.Npy .q reallnlunt I.no v eaWltlm of .M emtncl a other doc.Rt .,Ith rripme" to Nth thl. cv,tlrinb W N I -are w uY 1-11-11 tie lnlurmn •Ifordrd by thr wl Icico O.ur10M bolo It wbl-tt to •11 uu I.., rml.i.l. od Mpiwmt of Such paltlrt Ed TIe. of IRRr.ncr Policy must, Err P.,, Do pate Ll.bility Lblt. iRnusmAm a el Lir boiFAL LIARILITY Each Ottvrmw AW ... tr A IX) COmnhm.lvr pact XLD(87)34 50 14 7/ 1,BG 7/ 1/87 (XI hrehco/lpmllm• bElly IN ry f f IX) bdwero Rd Emlwltn rid coll.v. Wb.re 1),a -1tv 0.1.0. S S 1X1 o,oduclt/Cal"It o lbw.ilm, IX) Cmtracle.l holly Injury a amMy 1X1 limut. 'm cantn<tor. Dams, Coablmo S 1,000 Y 1,000 IX) bus Fore Iymrrt, Dtd.a (X) iwtm.l injury patches IRdur, S 1,000 A A WVIILE LIABILITY XAO (87) 34 50 14 7/ 1/86 7/ 1/87 -- — IX) AW A.lo molly Infl/y ( I All noed Ayles ayn. pnsd f 1 ) All Ooed Autos Ia1M{I Rielly InJw,y IXI mired (Uu. Ac.ldnl) It tXl moll a.ed fymrrly Otmapr f ( ) Crag L'm,IIItY Bodily InbrY a pr.pwty t 1 — back" Isr1r_,t S i, 000 A EXCEW Ltra¢IT, XEO(67)34 50 14 7/ 1/86 7/ 1/87 IX) Unt'.l 1. rbre pool •t, IAIWV I Pvaporty 1 1 OIM m.R ub.r "• w..ar todliea f 1,000 s 1,008 W3aM* CpI1SMATIIN / / / / ala1-laY 16a ACC 1.111111 f ewvTlEla•urmaln aHU,.IA,l1-ructn) S IONNte Los [Aplgerl f I..I.I.,I.....1.1.11 n.... \..1.. nIN.II l..l..n....l.. n.l... n..l.l........ N. op ........N n. n1....... nn Ilnpnl..pn.... n.tow ►wrlpums 1II,rreums4ac.1lmtAYpml.. Re: Base lone Sidewalk Improvement :ontains an Additional Insured Endorsement for the City of Ranchu Cucamonga CERTIFICATE IRLER _ - - -- Wr]yLATIM .CITY OF RANCHO CUCAMONGA Bnrld •••v w tnr tlt...• aunhra politics M o,all.ol War tho P.O. BOX 807 rvirwa, atr lh,npr lb 1..IN cavity, . 111 tfaltrgai RANCIIO CUC AMONGA, CA ct.11 30 dm .r.erR hell., I1- 11v cw Ilflutr Velar Road to ihr 51730 Wt. multtIIil ' a. alw:Imlwtnsyevrolketlamwlomtlawl :+ akal9tk It[aml101X:RWIRlIN]�t x r •s / '7 `sku I%� i,z 25 (2/84) 12. ATTORNEYS' FEES: In the rient that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover Its reasonable attorneys' fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly exeucted with all the formalities required by law on the respective dates set forth oppositc their signatures. State of California Contractor's License No. AI,l'71'99 /d, !� (+- -✓.2 ir { Jr, r. ete rr11 Title Y(e �lc�ai,{ to CITY OF RANCHO CUCAHONUA, CA BY: Date BY: City Clerk Contractor's Business Phone 71?{5-1e5�°, Eaergency Phone at which contractor can be reached at any time 71`4 8 9 A - 439t F -7 /7y Ek L 0 h r R A r, I FAITHFUL PERFORMANCE BOND lOiOW ALL MEN BY THESE PRESENTS: as principal, and as surety, are held and firmiy bound unto the City of Rancho Cucamonga, a municipal corporation, in the ,lust and full amount of S (words) (S 1 Figures payment whereof we hereby bind ourselves, our heirs, executors, administrators, successors and assigns. Jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this _ day of 19 The condition of the foregoing obligation is such that, WHEREAS, the above -named principal is about to enter into a contract with the City of Rancho Cucamonga whereby said principal agrees to construct Base Line Sidewalk Improvement in accordance with the AGRECHENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW. THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is !c be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendaent, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or Item or items of performance required G -1 /75 f' CONTRACT FAITHFUL PERFORMANCE BOND therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action an this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder WITNESS our hands this _ day of , 19 BUSINESS N TUV- by Title by Title _ individual Partnerthlp Corporation Other, explain - SICMATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKIOWLEDGENEXf FORMS (INOIVQUAL. PARTNERSHIP, CORPORATION. ETC.) G -2 74 C O N T R A C T LABOR AND MATERIALS BOND MOW ALL MEN BY THESE PRESENTS: THAT as principal, and as surety, are held and firmly bound unto the City of Rancho Cucamonga, a municipal corporation, in the just and full amount of for the payment whereof we hereby bind ourselves, our heirs, executors, administrators successors and assigns, jointly and severally, firmly by these presents Give under our "ands and sealed with our seals this _ day of 19 The condition of the foregoing obligation is such that, WHEREAS. the above -named prluclpal is about to enter Into a contract with the City of Rancho Cucamonga whereby said principal agrees to construct Base Line Sidewalk Improvement in accordance with the AGREEMENT dated 19 , as provided In said contract, which said contract is hereby referred to and made a part hereof to the same extent as if the same were heroin specifically set forth; NOW, THEREFORE, if the said principal or principal's subcontractors fall to pay for any materials, provisions, supplies or equipment used In, upon, for or about the performance of said work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the surety will pay for the same in an amount not exceed the sum nereinabove specified, and In case suit is brought G -7 1. /77 CONTRACT LAEOR ANO MATERIALS BOND hereon, a reasonable attorney's fee to be fixed by the Court, otherwise this bond shall be void and of no effect; PROVIDED, that no amendment, change, extension of time, alteration, or addition to said contract, or agreement, or of any feature or Item /items of performance required therein or thereunder shall ir. any manner affect the obligation of the undersigned on or under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this band by the City, change extension of time, alteration or addition to a said contract or agreement and of any feature or item or Items of perfornance required herein or thereunder. 'j This bond shall Insure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California, and i shall give a right of action to such persons or their assigns in any suit brought upon this bond. WITNESS our hands this _ day of 19 1. BUSINESS NAME C NT Title Title — Individual _ Partnership Corporation _ Other, explain `SIGNATURES OF CONTRACTOR MIST BE ACKNOWi,E0GED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMEIIT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). G -4 1-28 aORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the fallowing form as required by the California Labor Code. Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be Insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code. and I will comply with such provisions before commencing the performance of the work of this contract. Date:—. i)1' f }}r, nt� antractor BY: _ "i PSir�C7� F Title} Attest: By: 9nature if tle) G -5 /79 GENERAL CONDITIONS SECTION 1. SPECIFICATION AND DEFINITIONS 1 01 GENERAL The work embraced herein shall be done in ,ccordance with the 'Standard Specifications for Public Works Construction' written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern District Associated General Contractors of California Joint Cooperative Committee, the most current edition, and all subsequent amendments, supplements ar additions thereto, Aere In referred to as the 'Standard Specifications', the approved contract drawings, and these contract documents 1.02 INTENT It Is the intent of these specifications, and any contract drawings, that the work performed under the contract shall result In a complete operating system In satisfactory working condition in respect to the functional purpose of the installations. The Specifications and contract drawings are intended to be complementary of each other. Any work shown on the contract drawings and not In the specifications, or vice- versa, is to be executed as 1f Indicated in both. The Standard Specifications are part of the Contract Documents controlling the work. It is the intent of these Specifications that the Special Provisions shall govern over both the contract drawings and the Standard Specificatio %-,. 1.03 DEFINITIONS The words and phrases underlined below which appear to the Standard Specifications and in these Special Provisions shall for the purpose of the contract have the meaning herein after assigned to them. Agency: The City of Rancho Cucamonga. Board: The City Council of the City of Rdncho Cucamonga. City: City of Rancho Cucamonga, San Bernardino County, California. Council: City Council of the City of Rancho Cucamonga. D:U: Consecutive calendar days unless otherwise noted. Engineer. The City Engineer of the City of Rancho Cucamonga, acting personally or through agents or assistants duly authorized by him. Ins ector: The engineering or technical personnel authorized to act as agents ur t e nglneer In the supervislon of work covered by these specifications, limited to the particular duties entrusted to him or them. GC -1 M General Conditions (continued) Workln Oav; Any day except Saturdays, Sunday, or legal holidays and days on wh ch the Contractor is specifically required by the Special Provisions, by his labor contract or by law to suspend construction operations. Also excepted is any day on which the Contractor is prevented by inclement weather, or conditions resulting therefrom from proceeding with at least 15% of the normal labor and equipment force for at least the hours toward completion of the current controlling operation. SECTION 2. SCOPE AND CONMOI OF THE ympK 2.02 CONTRACT DCCUHENTS Attention is directed to SECTION 2 -5 2 of the Standard Specifications *Precedence of Contract Documents.- Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contactor shell apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or Interpretation as part of the Contract to far as may be consistent with the Intent of the original plans and specifications. In the event of any discrepancy between any drawing and the tlgames written thereon, the figures shall be taken as correct, 2.02 ERRORS OR DISCREPANCIES ;f the Contractor, either commencing work or to the course of the work, finds any discrepancy between the Specifications and the Plans, or between either and the physical conditions at the site of the work, or finds any error or omisslcn to any of the Plans, or 4n any survel, he shall promptly notify the Engineer in writing of any such discrepancy, error, or omission. If the Contractor observes that any Plans or Specifications are at var'•nce with any applicable law, ordinance, regulation, order or decree, he shat dromptly notify the Engineer in writing of such conflict. The Engineer on receipt of any such notice shall promptly investigate the circumstances and give t ,)propriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk, and he shall bear all costs arising therefrom. 2.03 DEFECTIVE AND UNAUTHORIZED WORK All work which is defective In its construction or deficient in any of the requirements of the Plans and Specifications shall be remedsad or removed and replaced by the Contractor In an acceptable manner at his own expense. No compensation wl'I be allowed for any work done beyond the tines and grades shown on the Plans or establishes .v the Engineer. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer and City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor. GC -2 /91/ General Conditions (continual) 2.04 DISMISSAL OF UNSATISFACTORY EMPLOYEES If any person employed by the Contractor or any subcontractor shall fail or refuse to carry out the directions of the Engineer, or is in the opinion of the Engineer Incompetent, intemperate, or disorderly; or uses threatening or abusive language to any person on the work representing the City; or is otherwise unsatisfactory, he shall be discharged from the project immediately, and shall not again be employed on the work except with the written consent of the Engineer. 2.05 TERMINATION OF UNSATISFACTORY SUBCONTRACTORS When anv portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontractor for such work shall be terminated immediately by the Contractor upon written noti-e from the Engineer, and shall not again be employed on that type of work In which his performance is unsatisfactory. 2 06 SURVEYING Attention is directed to Subsection 2 -9 'Surveying' of the Standard Specifications. The City shall establish all reference points and survey all lines and grades necessary for the execution of the work. The contractor shall carefully preserve ali reference points, bench marks and other survey points, and in case of wilful or careless destruction, shall be liable for and charged with the cost of their replacement, and of any expense resulting from their unnecessary loss or disturbance. Such surveys shell constitute instructions from the City and the contractor shall not proceed with the wore until he has made timely demands upon the City for such surveys, and until all necessary points, lines and grades have been established. Request for survey work shall be made in writing not less than 48 hours in advance of desired time for staking. SECTION 3. CHANGES IN WORK Attention is directed to the provisions of SECTION 3 -3 'Extra Work' of the Standard Specifications for the control of payment for Extra Work required to i.N41ete work covered under this contract. SECTION 4. CONTROL OF MATERIALS 4.01 GENERAL Attention 1s directed to SECTION 4 -1 'Materials and Workmanship' of the Standard Specifications. 4.02 TESTING Testing of materials shall be provided by the City to Insure comgllan_e with contract specifications. The contractor shall notify the GC -3 M General Conditions (continued) City in writing 24 hours in advance for any testing required to maintain progress without delays. Delays caused by the contractors failure to provide sufficient notice shall be the respo.isibillty of the contractor. 4.03 PLANT INSPECTION The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Eno Ineer 1s assured of the cooperation and assistance of both the Contractor and-the material producer. The Engineer or his authorized representative shall have free entry at all times to such parts of the plants as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply. SECTION 5. UTILITIES 5.01 GENERAL Attention is directed to SECTION 5 - UTILITIES of the Standard Specifications. 5.02 LOCATION At least 2 working days before entering on the work, the contractor shall request the affected utility owners to mark or otherwise indicate the approximate location of their subsurface facilities including but not limited to structures, main conduits and service connections. 5.03 PROTECTION The contractor shall nor, Interrupt the service function or disturb the supporting base of any ut4I Ity without authority from the owner or order from the City. SECTION 6. PROSECUTION, PROGRESS ANO ACCEPTANCE OR WORK 6.01 GENERAL Attention is directed to SECTION 6 of the Standard Specifications covering the detailed provisions covering 'Prosecution, Progress and Acceptance of the Wcrk`. 6.02 CONSTRUCTION SCHEDULE The contractor shall furnish a work schedule for the project to the Eny:neer. The first working dad of the contrtct shall be 10 calendar days from the date specified in the Notice to Proceed. GC-4 /9>3 General Conditions (continued) 6.03 WORKDAY The Contractor's working hours shall be limited to the hours between 1:00 A.M. and 6:00 P.M., Monday through Friday, excluding recognized holidays. Deviation from normal working hours will not be allowed without Prior consent of the Engineer. In the event work 1s allowed by the Engineer outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees may be levied against the Contractor at a rate of $25.00 per hour, including travel time where applicable, with a minimum hourly charge for four (4) hours. The above charge may also be levied if Inspection services are deemed necessary by the Engineer as a matter of public safety or to otherwise Insure the quality of the work. Recognized holidays shall be In eccarddnce with the Master Labor Agreement of the Associated General Contractors. If work 1s done at night, the Contractor shall provide adequate light for proper prosecutio.1 of the work, for the safety of the workmen and the public, and for proper inspection. 6 04 TEMPORARY SUSPENSION OF WORK Attention is directed to Section 6 -3 "Suspension of Work" of the Standard Specifications. The Engineer shalt have the authority to suspend the work, wholly or to part, for such periods as he may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to tho failure on the part of the Contractor to carry out o,,der< given or to perform any provisions of the work. The Contractor shall immediately comply with the written order of the Engineer to suspend the work wholly or in part, and shall not resume the work until ordered to do so to writing by the Englneer. In the event a suspension of work 1s ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the work, such suspension of work shall not rerlcve the Contractor of his responsibility to complete the work within the Vme limit set forth herein and shall not be considered cause for exten3lon of the time for cooipletion, and further, such suspension of work shall not ent'tle the Contractor to any addit tonal compensation. 6 05 TERMINATION FOR BREACH The Contractor's attention is directed to SECTION 6 -4 'Default by Contractor' and SECTION 6 -5 "Termination of Contract' of the Standard Specifications. GC -5 / 85l General Conditions (continued) 6 06 TIME OF COMPLETION AND LIQUIDATED DAMAGES Attention 1s directed to SECTION 6 -7 "Time of Completion" and 6 -9 "Liquidated Damages of the Standard Specifications. The Contractor shall begin work within ten (10) calendar days after the date specified in the Notice to Proceed and to prosecute said work in such a manmsr as to complete It within Ten (10) working days after such specified date. The Contractor shall pay to the City of R,icho Cucamonga the sum of One Hundred ($100.00) D irs per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed. Delays and extensions to the Contract time shall be governed by the provisions of SECTION 6 -6 *Delays and Eytension of Time" of the Standard Specifications. 6.07 FINAL CLEAN -UP Upon completion, and before making application for acceptance of the work, the Contractor shall clean the construction site and all ground occupied by him in connection with the uurk of all rubbish, excess materials, temporary structures and equipment. All parts of the work area shall be left in a neat and presentable condition. Is Care such spillage Prevent brispdeposited streets eatwanyhtit"ldue to the Contractor's opbratlon shall be immediately cleanad up. 6.08 FINAL INSPECTION Attention is directed to SECTION 6 -8 "Completion and Acceptance" of the Standard Specifications. The Contractor shall notify the Engineer of the completion of the work in writing and the Engineer shall make an inspection of the work. The Engineer will not make the final inspection until the work provided for and contemplated by the Contractor has been completed and the final clean -up performed. The Contractor may be present at the final inspection. The Contractor will notify the City that corrective work has been completed, the Engineer will again inspect the work and when he has satisfied himself that ail work has been done in accordance with the Plans and Specifications he will recommend to the Council that they formally accept the work. 6.09 NOTICE OF CCMPLETION As required by California Code of Civil Procedure, and within lU calendar days after the date of acceptance of the work by the City Council, City will file, in the County Recorder's office, a Notice of Completion of the work. GC -6 I PS General Conditions (continued) 1.10 MAINTENANCE AND GUARANTEE (a) The Contractor shall guarantee the entire work constructed by him under the contract to be free of defects in materials and workmanship for a Period of I year following the date of acceptance of the work by the City Council. The Contractor shall agree to lake, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship which become evident within said guarantee period. The Contractor shall further agree to Indemnify and save harmless the City and Engineer, and their officers, age-its and employees, against and from all claims and liability arising from damage and injury due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Engineer. If the Contractor fails to make the repairs and replaomeents promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost of such work. (b) The guarantee and conditions specified In Iubsection 6.10(a) shall be secured by a surety bond which shall be delivered by the Contractor to the City prior to the date an which final payment is made to the Contractor. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the City, in the amount of ten (10) percent of the contract price,or $1,000, whichever is greater. Said bond shall remain in force for the duration of the guarantee period specified in Subsection 6 I3(a). Ir.itead of providing such a bond as described above, the Coat,acto- may, at his opt Ion, provide for the faithful performance bond furnished unde- the contract to remain in force for said amount until the expiration of sa Ui guarantee period. SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR 7.01 COMPLIANCE WITH LAWS AND REGULATIONS The Contractor shall keep himself fully Informed of and shall observe and comply with, and shall cause any and all persons employed by or under him to observe and comply with, all State, Federal, County and City laws, ordinances, regulations, orders, and decrees which In any manner affect the conduct of the the work. Particular attention is called to the Labor Code of California, Part 7, Chapter I, Article 2, Wages, Article 3, Working Hours. Attention is also directed to the provisions in Section 1711.6 of the Labor Code concerning the employment of apprentices by the Contractor or any sub- contractor under him. All Contractors, sub - contractors and their employees shall strictly ccnform to the rules and regulations of the Federal Occupational Safety and Health Administration (OSHA) and the State of California Division. of Industrial Safety (DIS). Whenever trenching operations are to be done and are five feet or more in depth, the Contractor shall prior to the start of construction obtain a permit from the State of California, Division oP Industrial Safety (DIS) and present to the City for verification before a City construction permit will be GC -7 / > General Conditions (continued) Issued Where -ever shoring, sheeting, and bracing drawings are required by the Federal Occupational Safety and Health Administration (OSHA) or the State of California Division of Industrial Safety (DIS) a copy of the drawing shall be filed with the City prior to start of construction. Failure to comply with either the Federal Occupational Safety and Health Administration (OSHA) or the State of California Division of Industrial Safety (DIS) Rules and Regulations will result in immediate action by the City to gain compliance at the Contractor's expense. 7.02 NON - DISCRIMINATION There shall be no discrimination against any employee who is employed by the Contractor or any of his subcontractors or by any agent of the foregoing in the work covered by this contract or against any applicant for such employment because of race, religion, color, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff, or termination rates of pay or other forms of compensation, and selection for training including apprenticeship. 7.03 PAYROLLS OF CONTRACTORS AND SUBCONTRACTORS (a) The Contractor and each of his subcontrctors shall prepare his payrolls on forms prescribed and in accordance with Instructions to be furnished by the City. Within seven (7) days after the regular payment date of the payroll, the Contractor shall deliver to t i Owner a certified legible copy or copies of each such payroll. Each such payroll shall be sworn to in accordance with the federal regulations made pursuant to the 'Kick Back Statute ". (b) Such copies of payrolls shall be accompanied by substantial proof that all bills for services rendered and materials supplied have been duly paid and by such other data as the city may require. (c) The Contractor shall not carry on his payroll any person not employed by him. The Contractor shall not carry on his payrolls employees of a subcontractor but such employee: must be carried only on the payrolls of the employing subcontractor. (d) Each Contractor or subcontractor shall preserve his weekly payroll records for a period of three (3) years from the date of comletion of the contract. The payroll records shall set out accurately and completely the name, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him. Such payroll records shall be made available at all times for inspection by the City or its authorized representatives. GC -8 /g7 General Conditions (continued) 7.04 PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full, and not less often than once each week, in cash less legally required deductions and also deductions made pursuant to the regulations prescribed under the so- called 'Kick -Back Statute.' (48 Sta. 948; 18 U.S.C. 874. 40U.S.C. 276c): provided that when circumstances reamer payment n coshTfeaNSCie or— Impracticable, payment by check may be effected upon consideration that funds are rase available In a local bank and checks may be cashed without charge, trade requirements, or inconvenience to the worker. 7.05 WAGE UNDERPAYMENTS AND ADJUSTMENTS The Contractor agrees that, in case of underpayment of wages to any worker on the project under this contract by the Contractor or any subcontractor, the City shall withhold from the Contractor out of payments due, an amount sufficient to pay such worker the difference betyee. the wages required to be paid under this contract and the wages actually paid such worker for the total number of hours worked and that the City may disburse such amount so withheld by it for and on account of the Contractor to the employee to whoa such amount is due. The Contractor further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the Owner pursuant to other provisions of this contract. 7 06 PERMITS AND LICENSES Municipal Ordinances require the issuance of a City Business License as a condition precedent to being eagaged as a contractor within the City. Unless otherwise specified, the Contractor shall procure all other permits snd licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. The Contractor shall comply with all provisions of all permits whether obtained by the City or by the Contractor. 7 07 PATEOTS The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the work and agrees to indemnify and hold harmless the City and Its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials, equipment, devices or processes. 7.08 SANITARY PROVISIONS The necessary sanitary conveniences for the use of the workmen on the project, properly obscured from public observance, snall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer and their use shall be strictly enfo -ad. GC -9 /g0 General Conditions (continued) 7.09 PERSONAL LIABILITY Neither the City nor any officer or authorized agent of the City shall be personally responsible for any liability arising under the Contract. 7.10 CONTRACTOR'S RESPONSIBILITY FOR WORK Until the formal arceptance of the work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of accident, loss or damage to any part thereof by the action of the elements or from any other cause whether arising from the execution or from the non - execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the abo -e causes before its completion and acceptance, and shall bear the expense thereof, except for Such injuries or damages as are Occasioned by acts of the Federal Government or the public enemy. In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and shall properly store them if necessary and shall erect temporary protective structures where necessary. 7.11 NOTICE AND SERVICE THEREOF Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notices shall not be effective for any pi,rpose whatsoever unless served In the following manner, namely: Notice shall be given to the City by personal delivery thereof to the Engineer or by depositing the sane In the United States mail enclosed to a sealed envelope, registered and with postage prepaid, addressed to: City of Rancho Cucamonga Attention: City Engineer 9320 Base Line Road P. 0. Box 807 Rmicho Cucamonga, California 91730 Notices shall be given to the Contractor, by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, addressed to said Contractor at the address established for the conduct of tt, work under this Contract, postage prepaid and registered. Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Nail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated by him to the party giving the notice, postage prepaid and registered. GC -10 /ff General Conditions (continued) 7.12 WARRANTY OF TITLE No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the work, and agrees upon corpletion of all work to deliver the premises, together with all Improvements and appurtenances constructed or placed thereon by him, to the City free from any claim, liens, encumbrances, or charges, and further agrees that neither he nor any person, firs, or corporation furnishing any material or labor for any York covered by the Contrast shall have any right to a lier. upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of ut ty companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the City. The provisions of this article shall be inserted in all subcontracts and material contracts, and notices of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 7.13 PROUSiON FOR EMERGENCIES Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to thr prosection of the worx and it 1s part of the service requires of the Contractor to make such provisions and to furnish such proteetien. The Contractor shall use such foresight and shall take such steps and precautions as his operation; make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from Um .failure of partly completed work. Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection Of utilities or of adjacent structures or property which may In the opinion of the City immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished, as, in the opinion of the City may seem reasonable and necessary The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by GC -11 General Conditions (continued) the Contractor, and if he shall not pay said cost and expense upon prosentation of the buts therefore, duly certified bi the Engineer, then said casts and expense will be paid by the City and shall thereafter be deducted from ai,y amounts due, or which mey become due said Contractor. Failure of the City, however, to take such precautionary measure, shall not relieve the Contractor of his full responsibility for public safety. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City 7.14 INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work cn his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of Insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensatiot insurance for all persons wham he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the taws of the State of California. Such insurance shall be ma Lmtained to full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: 'I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provlt4ons before commencing the perfanmance of the work of this contract.' b The policy of insurance provided for in subparagraph a. a .1 contain an endorsement which: (1) Naives all right of subrogation against all persons and entities specified In subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shalt not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. GC-12 iq/ General Conditions (continued) c. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) $500,000 each iperson. $1,,000,000 each accident. (2) Public Liability - Property Damage (not auto) ($250,000 each accident; $500,000 aggregate. (3) Contractor's Protective - Bodily Injury $500,000 each person; 51,000,000 each accident. (4) Contractor's Protective - Property Damage 5250,00 each accident; $500,000 aggregate. (5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. (E) Automobile - Property Damage $250,000 each accident. d. Each such policy of Insurance provided for in paragraph writing by shall: (1) whichsisdqualifiedstoadoebusiness In approved theStatewoftCalifornia; (2) Name as additional Insured the City of Rancho Cucamonga, its elected offictals, officers, agents and employees,and any other parties specified in the bid documents to be so inclu.led; (3) Specify acts as primary Insrance held cover a lass under said policy; (4) Contain a clause substantially in the following words: •It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written. notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. e. The Contractor Shall at the time of the execution of the contract present the original policies of insurance requrred In paragraphs a. and c hereof, or present a certifiLate of the insurance company, showing the Issuance of such insurance, and the additional insureds and other provisions required herein. GC -13 P,. lCJa General Conditions (continued) 7 15 THE CONTRACTOR'S REPRESENTATIVE The Contractor •,hal. furnish the Engineer with the name, address and business and home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices. 7.16 PUBLIC :ONVENIENCE AND SAFETY Attentior is directed to Section 7 -10 •Public Convenience and Safety' of the Standard Specifications. The Contractor shall provide temporary 'No Parking" and all other signs which may be deemed recessary for the safe and orderly conduct of vehicular traffic as directed b -' the Engineer and as specified herein. He shall also provide a barricaded area in the parking lane for pedestrian traffic during such time as the parkway is unfit to be used for pedestrian traffic. Construction operations shalt be conducted In such a manner as to cause as little Inconvenience as possible to abutting property owners. Hater or dust pallative shall be applied as necessary for alleviation or prevention of dust nuisance caused by the contractor's operations. At such time as driveways are inaccessible due to the Contractor's work they shall be blocked by two (2) Class II barricades or one (1) Class 11 barricade and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a barricade or delineator at each side. The Contractor shall give 24 -hour notice to affected property owners prior to blocking any driveway. The Contractor shall provide access for refuse collection and mall delivery on the regularly scheduled days. He shall also facilitate or assist in the collection or delivery where such work is hampered by his operation. STREET CLOSURES, DETOLAS, BARRICADES The Contractor shall not close any street within the City of Rancho Cucamonga without first obtaining the approval of the Engineer. Barricading, traffic control anJ detour diagrams shall be submitted by the Contractor as required by the Engineer. The Contractor's attention is directed to the traffic control requirements of the Special Provisions. The Contractor shall provide and Install barricades, delineators, warning devices and construction signs in accordance with the Model Work Area Traffic Control Handbook (WATCH) prepared by the Southern Califcrnia Chapter of the American Public Works Association. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as d1-ected by the Engineer. All traffic signs id devices shall conform to the current State of California Department of Transportation, •Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways', unless otherdise approved by the Engineer. GC -14 w V General Ca. ditions (continued) The Contractor shall provide and maintain Class 11 barricades along excavation edges parallel to the flow of traffic at the spacing of twenty -five feet work Class barricades mounted flashers shall installed around orkareasIn parkways.ClasII barricadesshallhave alternatingblackand reflectorized white (or yellow) stripes at an angle of 45 degrees. The stripe wt th sha a four to six inches (4" -64). Ouring paving operations barricades may be supplemented with minimum size eighteen -Inch (18 ") high traffic cones and delineators such that spacing between barricades and /or cones or delineators is no greater than twenty -five feet (25'). At all access points such as intersecting streets alleys and driveways, barricades and /or canes shall be provided at five -foot (5') intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street Is prohibited, a "Road Closed` sign shall be provided wherever required by the Engineer. When one -way access from a side street or alley is permitted, barricades and cones shall be provided at five -foot (5') intervals for a distance of fifty fee (50 1) on either side of the centerline of the Intersecting street, or alley. Should the Contractor fail to furnish a sufficient number of traffic and /or pedestrian safety devices, the City will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions: 1. Rental Rates A Type I or 11 Barricades - $5.00 per barricade fog the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof. 8. Type III Barricades - $15.00 per barricade for the first day or any part thereof and $5.00 per barricade per day for each day thereafter or any part thereof. C. Flashers - $5.00 per flasher for the first day or any part thereof and $2.00 per flasher per day for each day thereafter or any part thereof. D. Construction Signs - $5.00 per construction sign for the first day or any part thereof and $2.00 per construction sign per day for each day thereafter or any part thereof. E. Cones - $1.00 per cone for each day or any part thereof 2. Replacement Charges A. Type I or II Barricades - S20.00 per Type I or li barricade that is lost or damaged. S. Type III Barricades - $100 per Type III barricade that is lost or damaged. C. Flasher - S15.00 per flasher that is lost or damaged. D. Signs - $30.00 per sign that Is lost or damaged. E. Cones - $5.00 per cone that is lost or damaged. GC -15 //7/ General Conditions (contln,.ed) 3. Service Charges A. Service trips between the hours of 7:00 A.M. and 3:00 P M - $25 00 per hour, two hour minimum each service trip. B. Service trips between the hours of 3:00 P.M. and 7:00 A.M., or any time on Saturday, Sunday, or a City Holiday - $35.00 per hour, two hour minimum each service trip. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. The Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that Interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restrictions and other regulatory signs. SECTION 8. FACILITIES FOR AGENCY PERSONNEL Attention is directed to SECTION 8. •Facilities for Agency Personnel' of the Standard Specifications. SECTION 9. MEASUREMENT AND PAYMENT 9.01 GENERAL Attention if directed to SECTION 9. 'Measurement and Payment' of the Standard Speclfic:tlons. 9.02 PARTIAL AND FINAL PAYMENT On the twentieth (20th) day of each month the Contractor shall submit to the City Engineer a written progress estimate of the work completed. The City Engineer will review the estimate and approve it or notify the Contractor of any exceptions. No such progress estimate will be required nor payment will be made when the total number of working days is twenty -five (25) or less or when the value of the work totals less than five hundred dollars ($500.00). Progress payment will, when properly completed as specified, be paid within 14 calendar days of submittal, and it 1s understood that any delay In the preparation, approval and payment of these demands will not constitute a breach of contract on the City. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. Contractor may, at contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the owner to Insure performance under the contract. Such security shall be deposited with the owner, or a state or federally chartered bank as escrow agent, who shall pay GC -16 1915- General Conditions (continued) such monies to the contractor upon satisfactory completion of the contract. The contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. 9.03 WORK PERFORMED WITHOUT DIRECT PAYMENTS Whenever the Contractor 1s required to perform work or furnish equipment, labor, tools and materials of any class for which no price 1s fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance, or direct payment of any kind. the cost of perforr�ing such work or furnishing such equipment, labor, toots and materials shall be included in the unit bid prices in the proposal and no additional compensation will be made therefor. 9.04 RETENTION OF IMPERFECT WORK If any portion of the work done or materials furnished under the contract shall prove defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the cork dangerous or undesirable, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but fit shall make such deductions therefor in the payment due the Contractor as may be just and reasonable. GC -17 / 9� SECTON 10 SPECIAL PROVISIONS 10.01 SCOPE AND CONTROL OF WORK Attention is directed to Section 2 of the Standard Sp ^ciflcatlons, Section 2 of the General Conditions, and these Special Provisions: The scope of the work to be performed in general consists of sidewalk improvement along the north side of Base Line Awd. The primary items of work Incivae the following: sidewalk, curb and gutter and driveway reconstruction and earthwork and all appurtenant work necessary to complete the improvements as shown and de ,ribed on the plans and in these specifications 10.02 UTILITIES Attention is directed to Section 5 of the Standard Specifications, Section 5 of the General Conditions, and thase Special Provisions: The following 11sted utilities may have underground facilities within the project area, The contractor shall cenform to Section 5 of the Standard Specifications and General Conditions regarding contacting these utility owners: Southern California Edison Company 1 -800- 422 -4133 General Telephone Compan, 1 -800 -422 -4133 Southern California Gas Company 1- 800 -422 -4133 Cucamonga County Water District 714- 987 -2591 Foothill Cablevlsion 714 - 985 -8188 The contractor shall notify these utilities two working days in advance of beginning any excavation in the vicinity of the utility's facilitieS. 10.03 RESPONSIBILITIES OF THE CONTRACTOR Attention Is directed to Section 7 of the Standard Specifications, Section 7 of the General Conditions and these Special Provisions: 10.03.1 Permits - The contractor shall obtain construciton permits from theM ty. Copies of the permit applications are included in these specifications. City permit fees will be waived for work done under this contract. 10.03.2 Protection and Restoration of Existin Im rovements - The contractor s protect existing ac t es w th n the parkway area. Reference is made to Section 10.05, "Clearing and Grubbing," of these Special Provision, regarding disposition of existing sprinkler systems. SP -1 197 Special Provisions (continued) 10.03.3 Public Convenience and Safe[ - Vehicular aCLess to driveways shall be ma nta ned at each end of the project Pedestrian safety shall be maintained as directed by the City 10.04 MEASUREMENT AND PAYMENT Attention 1s direction to Section 9 of the Standard Specifications, Section 9 of the General Conditions, and these Special Provisions. The unit or lump sum prices to be paid for the items of work listed in the contract proposal shall inlcude full compensation for furnishing all labor, materials, tools, and equipment and doing all work Involved in furnishing and Installing the materials complete and in place, in accordance with the details shown on the plans and described herein. All Incidental parts which are neither shown on the plans nor otherwise specified, and which are necessary to complete the construction of Improvements as shown on the plans and as specified herein, shall be furnished and Installed as though such parts were shown on the plans or specified, and no additional compensation will be allowed therefor. The unit price bid for each Item will be applied to the estimated quantity and shall constitute full payment for that item of work when completed in accordance with the plans and specifications and no additional compensation will be allowed therefore. Except when a change In the planned work is authorized by the engineer, In which case payment will be adjusted by applying the unit price to the unit of measurement of the change. 10.05 CLEARING AND GRUBBING Clearing and grubbing shall conform to Section 300 -1 of the Standard Specifications and these Special Provisions. Clearing and grubbing limits shall include those areas of work between the street curb and the right-of--,ay as shown o,i the plans. The contractor shall remove all tree stumps found within the righi -of -way. ,ne contractor shall re- locate existing sprinkler heads and connect to existing system as called for on the plans and as directed by the engineer and City Inspector. The lump sum price bid for °Clearing and Grubbing' shall Include sprinkler system work, tree stump and miscellaneous removals and grading. Payment for removal of P.C.C. drive and curb and gutter shall not be included In the lump sum price bid for 'Clearing and Grubbing.' Payment for these removals shall be included in heir prospective bid items. 10.06 CONCRETE SIDEWALK, RAMP, DRIVE AND CURB AND GUTTER. Concrete sidewalk, ramp, drive and u-rb and gutter shall conform to Section 303 -5 of the Standard Specifications. The requirements of Specified Standards shall take precldence. ;P -2 /9E APPENDIX City of Rancho Cucamonga City Standard Drawings: No. 304 Curvilinear Sidewalk No. 305 Drive Approach and Sidewalk (Residential) No 310 Sidewalk and Renp No. 311 Sidewalk Construction StanJard Transition rS any /e; }, city of ranclio,cucamonga STANDARD • DRAWING f 6 5' O c 1 ``ill '^•°n�a g -s I r � I 1 � 1 , 1 1 1 ;111 ! i i i mil i�R i l ^- I rl I l 4 ^.. .. e°. 1 y L? O M G vv \ V1 u /� CUR`dILINEAR SIDEWALK 53E04Y zi\ cea.ae Ye[zzeea a+e } city of rancho cucamonga s*rAHDARD SICEaALK TRANSITION TO ORIVE - APPROACH DRAWING i"9 1A 71.PAIrEMENT --A CURB S GUTTE?U C 4 ' -.r PARKWAY DRIVE!' r� r LANDSCAPING APPROACH L M�z^ • r eet e d nev ^� I TRANSITION_I O- A — , 10' MIN ISTR -ET GRADE SIOCKALK- ---% -S r - A SEC A -A '� TgAHS17101� 10' MIN r .��CURS 6 GUTTER, L 25 M R-25,, r, . ;-'SIDEWALK �'�+ •r f� ZD'NPk (1 2. MIN 2.5' 71IN -� DESIGN NOTES ^' 1 Raxirvm sidewalk slope shall not exceed 10:e, regardless of street grade 2 The slope differential between the exceed slope street grade and sidewalk transition shall not Sidewalk adjacent to curbs should only take Place at street Intersections and designated 6': Stops 4 Any Sidewalk Constructed adjacent to curb she), be a minimum of 6 feet wide C 5. Any sidewalk Constructed with,n 21 feet of back of curb shall join to back of curb 6 Sidewalk grade breaks Of greater then 0; require a minim,ml Pourty foot vartttoi kpt. curve design An yreae arcea from 025". 10299". neuwa emn.wm ;t•:z_t .- �n . : e, t sa ; -T. Ten lam nnc�el earn SwEET0CURVILINEAR SIDEWALK 1304 C aY F L I I city of rancho cucamonga STANDARD DRAWING j—to' max- -i 8 i C..txto K•I,[ It 1T7e) NN- CCNnGU(Y. ;T i I SIOE'N1�K I S•W i MIN I _ - d0••rMOAW I I I µ114..14 r4 i {}1.14.4 .... ..CN W . II41N -------- \vuru. hu% j— x —r - - -w Y..J ln�R S /:_I/ 1/' .ft, 1.L%me. —11, 144 W. O • 4 6mn SECTION A•A'• •' 1 ` SECTION •B•B• • •ELIEACO PLANE CA rl V 1 C] ��• SIOEMA". CURB 0 GUTTER Wit"tNEO PLANE JOUITS ARE TO BE'',N LINE,, a SPACED. AT 10' MAX TCP OF k•TO BE B'NIN FROM P-L YIO /OR B.C.R. UNLESS VARISTION.%PPROVCO By CRT ENGINEER. SW ' N' min 5' Adj. to .ells, 6 adj to curb 41411 Inn e4u eauruu4ns. w• 12' min 16' max for I or 7 car garage, 74' mail for all Others, rota drive approach areas not to exceeo 40% of frontage I All drive aPPloaches Shdil be constructed In accordance with the latest eOitlon Of the STO SPECS. FOR 4UBUC WORKS MIST Pev.ar par suue T.r1 f7lea mlel. 2 SpOCHI dove doproacnes may 00 reRPrred on Severe watnr tarrying StreeTS 7 Unen Instal lino a 0 A .,here C S G exist, the entire C 4 G -,Nall be re ,10VJd. •� 1 /7Y DRIVE APPROACH & SIDEWK. 0� RESIDENTIAL a0 Q� R,xe { pYtT14 1 �arn�li MIN�arn. CI Y I rs l —� j7 /A LII to., B- Lr SECTION ^ •C• • r rl V 1 C] ��• SIOEMA". CURB 0 GUTTER Wit"tNEO PLANE JOUITS ARE TO BE'',N LINE,, a SPACED. AT 10' MAX TCP OF k•TO BE B'NIN FROM P-L YIO /OR B.C.R. UNLESS VARISTION.%PPROVCO By CRT ENGINEER. SW ' N' min 5' Adj. to .ells, 6 adj to curb 41411 Inn e4u eauruu4ns. w• 12' min 16' max for I or 7 car garage, 74' mail for all Others, rota drive approach areas not to exceeo 40% of frontage I All drive aPPloaches Shdil be constructed In accordance with the latest eOitlon Of the STO SPECS. FOR 4UBUC WORKS MIST Pev.ar par suue T.r1 f7lea mlel. 2 SpOCHI dove doproacnes may 00 reRPrred on Severe watnr tarrying StreeTS 7 Unen Instal lino a 0 A .,here C S G exist, the entire C 4 G -,Nall be re ,10VJd. •� 1 /7Y DRIVE APPROACH & SIDEWK. 0� RESIDENTIAL a0 Q� Icity of rancho cucamonga .eq u•.S .tf to [[ .[... o�f.m r•sr91u31 s[ to ans or t..r NCT=S STANDARD DRAWING TIP RAMP SECTICII I. All slduwalk and ramps shall be constructed In accordance with the latest edition of the STD. SPECS FOR PUBLIC WORKS CONST. unlos. olherwlsa indicate 3 Parna/ .l&ths 1P1 414 a/ .na.n an in, awn'. s Sm4..t •loth/ a.1 era. sa o aaTa/ pall nat of olaNa In .lnp. of .,.ln 4'.41.1 talr /lna Oft.lt a. Wnan 'a" Ia I.W.e In to ... rat tYfa mwrn. II /hall a. alaa /.a In a n4/IMa Oan. 0altpn .11n Vag /14at.. a Dannmanl/ 11/2° a .. So' 04ag111aro Nls.aafem.l. pq..a.. OLewl NOWa balantt 0efalbl N pa /,aµ .11UU'a dM[I &line <rau..y. SIDEWALK v & RAMP I I O r city of rancho cucamonga STANDARD DRAWING Sw NOTES 1 CONCRETE SHALL BE CLASS 520 -C -2500 PER SECTION 20101 STANDARD SPECIPI CATIONS WITH TYPE 2 CURING COMPOUNO. 2 CONCRETE SHALL BE 4" THICK J SCORE LINES AND WEAKENED PLANE JOINTS SHALL BE AS INDICATED ON DRAWING ABOVE. 4 DRIVE APPROACHES MAY BE ALLOWED IN TRANSITION AREA C B•r . 4' MINIMUM; 5- ADJACENT TO WAIL; 6- ADJACENT TO CURB 6. RADI • P RA02 • P • S w P ! 2 B' SIDEWALK CONSTRUCTION I STANDARD TRANSITION JI APPLICATION temorary Street Closure City of Rancho Cucamonga ,_. Lest Lare __ Right Lane _ Ralf Street Total Closure Intersection at Cospsny Aoolicant . Phone (Bus.) Date of ApPllcatto" Phone (Cmerg.) Work To Be Done _ Location (street nrne 0 Jlstance to nearest Cross street) Data($) Requested Alternate Date(s) Street Construction Permit No. SHOW REQUESTED SIGNS AND DELENEATIOR ON LUX SIDE .• ALLOW a DAYS FM PRDCESSENB FULL CLOSURES Reviewed By Inspector Octal Cocrents ass ENGINEERING DIVISION CONSTRUCTION city of rancho, cucamonga PERIAIT Z SW G� ........wwo .wrvr oana NO. 1.'�•N+rna a.n ' I D.vuw.IYDw +tA 400aaa r...v.o+. _ . . ILTfwT+f- TieY,ma ni u.aa AL SUA-ACE J NPt /GURU_ WPIONLY MADRETURN ,e10p4LF ObV1AN .IL(�" AWRU V.Noe LL I.. ... suso"AOe 1006.11 � .0 1.0 AL SUA-ACE AL TINT AC IUV. .LawK1 4"".11 AC aIPY w /CAO IGUI .008.11 COPT An.YN ADI NV 3 YA." U00A.N aO ITAUCT. TAIIS L.AAo=vIhG ,AA.Z.VoN GI T.I4CN IOITOA TACN unless oth"ta approved by the City Engine", GTE 'AINCH GILe TV TPCN )PU. IC\ VAULT AI0e1GN ST N.\q tICV Q OUIo1 YAAS ITA"m TAVIANTYAAa SIGN.L SICN.LG6 LKIS tN I.NAIG01 RIAAAIGD/ nIYOV.If lIw1A TACK A.TIA TACN RLIOYTI .I Z1. 24 HOURS ADVANCE NOTICE MUSTDEOIVEN FOR INSPECTION 2. CITY STREET MALL NOT IIE CLOSED — OR VEHICULAR AND /OR PEDESTRIAN TRAFFIC THEREON RE: I RICTED IN ANY WAY WITHOUT A VALID TEMPORARY STREET CI •)SURE 1 PERMIT FROM THE CITY ENGINEER. Fermittee Nall protect exiedng IlnpmYlTllntS In place. 4. Plrmlttee Is responsible for pr"dding proper and continuous traffkeontrol duringthework (1"*10). PIIInIt011 B retpontible for""dkuting work with ell affected utility Agenclet (,ft •9). OS. 6. Permlttw Itiall provide "ntinuoulacclu to exissi1g the hydrants, Rraan, drives and drive 6pproaches U unless oth"ta approved by the City Engine", S" due back of this permit for furdut conditions and prvislons. ~Y w+wuYl .l AYlw rRnlMN WnN1,nth.+tl.IrIrINN w..MbrlM lnuY11N111rbrt llY WVI,I.W PN YNM +1 +1 ONNi N. nr\ NYIhe. IwMWP. IN4. ONbbNY{.,M +YYI,wIwNY.wwY'IWw.Ir Y. N[ \M w.PnwlW I .Ylr .pNYW NV.. rN,INYr+I W IIWYN.I PI Lry W PNI W brnullN Y4T r,Ml nNMUMr/ IN Y+. rMJi W I IN rbA ONM•ryNR...In N11N nNgYnpYNnNMM1,Ib,Y1n. W1YUW NMN •MN.I Yr11,.uW+Ir.YYYnNYwpN �+ w�++r l.+t r•W+Y\ 0.'111040"I:IvsTAUl VIIIY"IIANIT TO IxCAVATI' NO 1ANM NruFW WN �n M Owe ', 0 GNN W AM[I,Y LMaTMb W IN Suu M Glywl wY .4 ..Ir. \r. •11 .Myths wru wlYNMAMM YINMMG a 'a"• evaor rowa.nt co4.u..no4 cap,rlun man S Iavues ':i::T:TiI'i"fZTRa •aAY'rIN ;:.." Ice 0011 WI.AC\Oo10TNlA rn.tlUY.t i.•Iw It ON N A, S 1111 Au IYOn+llo 61 CITY DAOINAKI r0r•. ova C, ewes +uA Ow.vrno +luoAV wale +urw6 (o. *a CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: August 6, 1986 t TO: City Council and City Manager 19 FROM: Lloyc B. Wibbs, City Engineer BY: Walt Stickney, Assistant Civil Engineer SUBJECT: Approval of Reimbursement Agreement for the installation of with portion of Master Drain In connection Tract 1252bet eenLight Lightner Development and Contracting and the City of Rancho Cucamonga Attached for City Council approval is a reimbursement agreement for the installation of a portion of the Master Planned Storm Drain. Lightner Development and Contracting, civelupers, will be reimbursed to accordance with Ordinance No. 15 as described in the attached agreement. RECOMMENDA:fION It is recommended that City Council approve the Reimbursement Agreement for planned drainage facility construction for Tract No. 12523. oeJ LBII:W S:dlw Attachments ao;7 REIMBURSEMENT AGREEMENT FOR PLANNED DRAINAGE FACILITY CONSTRUCTION THIS AGREEMENT, made and entered into this 15 day of Jul 1986 , by and betweenc TTY�F�iiANChO CU a orn a, a mun c pa corporation, hereinafter referred to as 'City" and Lightner Development and Contracting hereinafter referred to as "Developer ", provides: WITNESSETH WHEREAS, in the opinion of the City it is necessary that planned drainage facilities be constructed for the proper drainage of Developer's developmen, described as: Tract 12523 WHEREAS, the Developer, at the Developer's own expense will install the planned drainage facilities hereinafter described, and, WHEREAS, the cost of constructing the planned drainage facilities hereinafter described will exceed the planned drainage facilities fee, which will be payable with respect to the development under the provisions of City Ordinance No. 75, and; WHEREAS, Section 8 of City Ordinance No. 75 provides: "SECTION 8: Construction by Developer and Reimbursement. Whenever the construction of planned drainage facilities is necessary for the proper drainage of a subdivision, the City may requ're the subdivider to construct such facilities with credit being given by the City toward any fee payment required by this Ordinance. If the cost of such construction exceeds the fee which would otherwise be payable with respect to the subdivision, the City Council may, at Its discretion, enter into a reimbursement agreement with the developer. In the event a reimbursement agreement is entered into, reimbursement shall be made only after the fee required by this Ordinance is collected in connection with a subdivision or development on other property to the area encompassed by the reimbursement boundaries described in the reimbursement agreement. The basis of reimbursement shall be the developer's actual cost of construction of the planned drainage facilities The term of a reimburseser.t agreement shall not exceed ten (10) years." NOV, THEREFCRE, the parties hereto agree as follows: 1. The Developer will, and at Developer's own expense, furnish all labor, equipment and material, and pay all costs incident to the installation in accordance with plans and specifications approved by the City Engineer of the City, the following planned drainage facilitlES: Line 4Br Per City Drawing 888D 2. Installation of said planned drainage facilities shall be completed in conformance with the previsions of the Improvement Agreement for Tract 12523. 3 The City Engineer shall inspect and test the planned drainage facilities at the Expense of the Developer, and after any deficiency discovered by said Engineer has been corrected by Developer, City shall accept said planned drainage facilities for public use. 4. City shall not be responsible for any loss or damge to said planned drainage facill'i:s prior to their acceptance by City. Developer hereby guarantees and warr,nts said planned drainage facilities for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. 5. Developer shall protect, indemnify and save harmless City from and against any and all claims, demands, and causes of action of any nature whatsoever, and any expense incident to defense by City of any such demand or action for injury to or death of persons or loss of or damage to property occurring on Developer's development, or in any manner growing out of or connected with Developer's construction, repair and maintenance of the planned drainage facilities described herein, or in any manner growing out of or connected with any deficiency in workmanship or material furnished in connection with construction, maintenance or repair of said planned drainage facilities. 6. City hereby agrees that in consideration of Developer's installation of said planned drainage facilities, City will not assess Developer the fee described in Ordinance No. 75 which fee with respect to Developer's development would otherwise be the sum of $38,677.50 dollars and 525,069.36 dollars allocated to Tracts 12523 and 10076 respectively for a total of $63,746.86 dollars. 7. For the amount that the actual cost of construction of said planned drainage facilities exceeds the sum specified in Paragraph 6 here,.f, which said ex-e cs amount is hereinafter referred to as the "original reimbursement sum" the rity shall reimburse Develcper, only as and when fees are collected under Ordinance No. 75 and only according to the formula hereinafter described. Amounts to be reimbursed to Developer shall be determined as follows: A. Following completion of construction the Developer shall submit all cost data to the City Engineer. The City Engineer shall then determine the actual cost of construction, and such determination shall be final. B. Annually, at the end of each fiscal year, the City shall set aside into a "planned driinge reimbursement fund" twenty -five percent (25%) of all fees collected during the fiscal year under the previsions of Ordinance No. 75. C. The Developer shall be eligible to share in the planned drainage reimbursement fund commencing with the fiscal year which ends following the date on which said planned drainage facilltes are accepted by the City. 2 �LOS D. The Developer shall be eligible to share in the planned drainage reimbursement fund, then no later than two (2) months after the end of such fiscal year, the City shall pay the Developer, from the amount set aside in the planned drainage reimbursement fund, a fractional share thereof determined as follows: (i) The numerator shall be the original reimbursement sum for the Developer and the demoninator shall be the total of the original reimbursement sums for all Developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. B. All of Developer's right to reimbursement hereunder shall cease as of the end of the fiscal year ending ten (10) years after the fiscal year to which the Developer first became eligible for reimbursement hereunder, whether or not fully paid. 9. Nothing in this agreement shall entitle Developer to reimbursement of a sum in excess of the original reimbursement sum. 10. Amounts payable to Developer hereunder shall bear interest at the rate of ten percent (10%) per year calculated on the outstanding balance from the time dispursed to time received. 11. Payments rr%, be mailed to Developer at the following address: 390 North Euclid Avenue Suite 202 Upland, ralifornia 91786 12. Developer may change the mailing address by written notice delivered to the City Clerk. 13. Rights to reimbursement due under this agreement may be assigned after written notice to the City by the holder of such rights as shown by the records of the City. Such assignment shall only be effective only with respect to payments becoming due and payable more than thirty (30) days after receipt by City or written notice of such assignmemt. City shall not be required to divide any payment to be made hereunder. In the event it appears from the records of the City that more than one (1) person holds the right to payment hereunder, the City may deliver the full payment to any one of such persons and such payment shall be deemed payment to all. 14. As used in this agreement, the term "Ordinance No. 750 includes any ordinance amending or mooifying Ordinance No. 75 and any ordinance ndopted hereafter which rovers the sane or similar subject matter and is intended to replace Ordinance No. 75. 15. The City reserves the right to at any time increase or decrease the fees payable under Ordinance No. 75. 3 :)1p 16. If the fee establised by Ordinance No. 75 Is hereafter declared Invalid or unenforceable, or collection thereof 1s otherwise precluded by law, all Developer's rights to reimbursement hereunder shall immediatley tease and terminate. 17. This agreement shall be interpreted according to the laws of the State of California. This document contains the entire agreement between the parties with respect to the subject matter hereof. This agreement cannot be modified except by an agreement in writing, signea by the party against whom the enforcement of any waiver, change, modification or discharge 1s sought. Subject to any provisions herein to the contrary, this agreement shall in all respects bind, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of each of the parties. IN WITNESS WHEREOF, the parties have executed this agreement at Rancho Cucamonga, Californa, on the day and year first above written. CITY OF RANCHO f..LANORGA ATTEST: hdyoP City Clerk DEVELOPER to APPROVED AS TO FOAM: DOCUMENT TO BE EXECUTED IN TRIPLIGTE DEVELOPER'S SIGNATURE MUST GE NOTARIZED STATE OF CALIFORNIA CoIINTYOr_CA. S9 On our NP_ 1R aay o5 __ Nday R,EfC N anOIV urd Caux /Snd SWS, piya,u, rparsd — C=— Zga -ft� —T 4 htAer- _.p.naun/wa tP ms a Pmred b ms on ar u bw d ub9KWY MSS Z w W Sp Dsnor`W nu Wms_ uAaaAeG W a» wow, h W wwr! atlSWr�soprd aW �O -SUMSd a,s unis Sgnaars of Nobly 1 f 3LAFCCO Met- W wo m, aw uWaaigrwa a 1 VOTARY SEAL OR STAMP aii Orr147�L 6lAL CAAJL STRUIf • r. CPAM nkcLuraAmA SAX REAR19DIND Ca. Hf C0.'al. ExP. SEPT. 25.1916 RESOLUTION NO V C, - D) Li A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFCRNIA, APPROVING A REIMBURSEMENT AGREEMENT FROM LIGHTNER DEVELOPMENT AND CONTRACTING FOR TRACT NO. 12523 WHEREAS, the City Council of the City of Parcho Cucamonga, California, has for its consideration a Reimbursement Agreement executed by Lightner Development and Contracting, as Developer, for the installation of storm drain facilities to be constructed for proper drainage ..1 Developer's development described as Tract 12523 generally located on the north side of Lemon Avenue east of Archibald Avenue. Wr "9EAS, the Developer, at Developer's own expense, will install the planned drainage facilities to the satisfaction of the City Engineer. NOW, THEREFORE, BE IT RESOLEVEO by the City Council of the City of Rancho Cucamonga, California, that said Reimbursement Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. CITI' OF RANCHO CL'CAAIONGA STAFF REPORT DATE: August 6, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Tcchnician 2 ! C W p 1977 I SUBJECT: Approval of Parcel Map 9916 located on the west side of Dakota Avende, north of Kingston Street, submitted by Werner and Josephine Wald and Frank and Irene Helen Fink and sunnarily vacating an casement fo- highway and road purposes across Parcel 1 of Parcel Map 5767 (Tentative Parcel Map 9916) Parcel MLp 9916 was approved by banning Commission nn stay 28, 1986. for the division of 33 acres of land into : parcels in the Low navelopment District located on the west side or ;akot� Avenue, north of Kingston Street. Improvements are to be constructed a: the time of building permit issuance. Thn etsemeut for highway and road purposes that is oeing vacated ,;as required for emergency access. Tract 12873 north of A:is Parcel Map is constricting a northerly extension of Dakota tvenue thigh wile provide additional access to this property. RECOWJTAATIOn It is recommended that City Council aiopt the attached resolution approving Parcel Map 991E and approving the vacation of said easement and authorizing the City Clerk to cause said map and vacation to record. Respectfully subm ted, 1.811:Ldi dlw Attachments "4f2 PARCEL MAP NO 9916 W THE CITY OF RANCHO CWAMCNCq MM .Ip ..Iyl ♦ WE> V`14 M.w.aw•Ta�IM }1` >wll i NI;Wa nmaru Luxnu MV/ fYRIN �i '.^w.:�w".::".• . - ki.`.�a'+ w A .11111 Wifw, .+iui `r i.w .i ,�i✓µw ut n..un nL SCALE 1� f. AO' �y .✓r M a Nw n.11.,u.m 4 IA �i '.^w.:�w".::".• . - ki.`.�a'+ NOTES 1.... W.1y� �y .✓r M a Nw n.11.,u.m 4 IA >ivrl. i.w n. mewl �E ..wnn .evwl r�wo.> o r Pa is :1 I I CITY OF PROJECT V -061 RANCHO CUCAMONGA TITLE; Parcel Map 9916 and Vacation v. ENGINEERING DIVISION EXHIBIT; �� RESOLUTION NO. 2(, — aaS A RESOLUTION OF THE CITY COUI4CIL OF THE CITY OF RANCHO CUCAMONGA, CALI:ORNIA, APPROVING PARCEL MAP NUMBER 9916 (TENTATIVE PARCEL MAP N0. 9916) WHEREAS, Tentative Parcel Map Number 9916 submitted by Werner and Josephine Wald and Frank and Irene He'= Fink and consisting of Z parcels, located on the west side of Dakota Avenue, north of Kingston Street, being a division of Parcel 1 of Parcel Map 5746, as recorded in Parcel Map Book 66, page 6, Records of San Bernardino County, State of California was approvel by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Mip Number 9916 is the final map 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 9916 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. dIS RESOLUTION NO 8 (� - D.) S A RESOLUTION OF THE CITY COUNCII. ')F THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, SUMMARILY :PJERING THE VACATION OF AN EASE14ENT FOR HIGHWAY AND ROAD PURPOSES ACROSS PARCEL 1 OF PARCEL MAP 5767 (TENTATIVE PARCEL MAP 9916) WHEREAS, by Chapter 4, Article 1, Section 8330, of *;e Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of the City Street hereinafter more particularly described; and WHERLNS, the City Council found all the evidence s- ibmltted that an easement for highway and road purposes across Parcel 1 of Parcel Map 5767 (Tentative Parcel Map 9916) 1s unnecessary for present or prospective public strc,t purposes because it has been superceded by relocation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby ma es s order vacating that portion of street on Map V -016 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A ", and by reference made a part thereof SECTION Z: That from and after the date the resolution is recorded said easemenf across Parcel 1 of Parcel Map 5767 (Tentative Parcel Map 9916) no longer constitutes a street or public utility easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolutionro —Fe- recorded in the office of the County Recorder of San Bernardino County, California. a16 v.. EXHIBIT A LEGAL DESCRIPTION BEING THOSE PORTIONS OF PARCEL 1, PARCEL MAP NO 5767 PER O.R. 9263/1509 ,:)-/ CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: August 6, 1986 TO: City Council and City Manager FROM: Lloyd 8 Hubbs, City Engineer BY: Lucinda E. Hackett, Assistant Civil Engineer • i• 1977 SUBJECT: APPROVAL OF AGREEMENT FOR INSTALLTION OF PUBLIC IMPROVEMENT AND DEDICATION BETWEEN FELIZ B. QUESADA AND VICTORIA R QUESADA AND THE CITY OF RANCHO CUCAMONGA FOR STREET FRONTAGE IMPROVEXENTS AT 6858 HERMOSA AVENUE The attached subject agreement between the City and Mr. and Mrs. Quesada provides for street improvements which include curbs, gutters, drive approaches, sidewalks, street pavements and retaining walls along the Quesada's property fronting Hermosa Avenue and a portion of their property fronting Victoria Street. The Quesadas have agreed to grant to the City a Roadway Easement to all for the widening and improvement of Hermosa Avenue in return for the construction of said improvements. Said street improvements will be constructed ii conjunction with the City's Capital Improvement Project for the Improv nent of Hermosa Avenue from Victoria Street and 19th Street, Hamilton Street between Hermosa Avenue and Cartillo Avenue and Hermosa Park. It 1s recommended that City Council adopt the attached Resolution approving the Agreement for the Installation of Public Improvement and Dedication between Feliz and Victoria Quesada and the City of Rancho Cucamonga. Respectfujly suOdiitted, LBH.LEH:ko Attachments AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION This Agreement is made and entered into this day of 1986 by and between the City of Rancho Cucamonga, a municipal corporation (hereinafter referred to as "CIIY ") and Feliz B. Quesada and Victoria R. Quesada, husband and wife, as joint tenants (hereinafter referred to as "OWNER ") for the installation of certain public improvements including, but not limited to curbs, gutters, drive approaches, sidewalks, street pavements and retaining walls, and utility relocations along a portion of Hermosa Avenue and Victoria Street in the City of Rancho Cucamonga A Recitals (1) CITY has prepared plans and specifications for, and presently contemplates the installation of, public improvements along Hermosa Avenue from Victoria Street to 19th Street, tte widening of 19th Street and Hermosa Avenue intersection and the extension of Hamilton Street from Deer Canyon School to Hermosa Avenue (the "Hermosa Ave. Project" hereinafter in this Agreement). (ti) OWNER owns that certain real property, identified as San Bernardino County Assessors Parcel No. 202 - 182 -04, fronting Hermosa Avenue and Victoria Street, which property is located within the limits of the Hermosa Avenue Project. (111) OWNER desires to participate in the Hermosa Avenue Project so as to dedicate necessary Rights -of -Nay related to street frontage improvements along Its property at Hermosa Avenue and the first 100 feet west of Hermosa Avenue on Victoria Street ( "the Q•iesada Portion' hereinafter). (iv) CITY is willing to include or have constructed the Quesada Portion within the Hermosa Avenue Project in exchange for the right of way. Such work to be performed upon the terms and conditions hereinafter set forth. NOW THEREFORE, it is agreed by and between CITY and OWNER as follows: 1. OWNER shall execute a Deed of Easement in favor of CITY for street right -of -way and related purposes In form and content Identical to that attached hereto as Exhibit "A ". ,D/ 2 CITY is authorized to cause OWNER's Deed of Easement to be recorded forthwith upon execution of this Agreement and City shall furnish copy of the recorded Easement Deed to the OWNER upon recordation. 3. CITY shall include in return for execution of the Owner's Deed of Easement the Quesada Portion as a part of the construction of the Hermosa Avenue Project and shall cause all necessary public improvements which include curbs, gutters, sidewalks, street pavings, removal of street side tree row, driveway transitions, mist. gradings and utility relocations, street lights and retaining walls to be installed in accordance with CITY's plans and specifications therefor. Such plans to be made a part hereof. 4. OWNER agrees to grant to CITY, its elected officials, officers, agents, employees and contractors such rights of entry and /or temporary construction easements as are deemed necessary by CITY's City Engineer to cause the completion of the Quesada Portion. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of California 6. In the event any legal proceeding is instituted to enforce any terms or provisions of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the other party in an amount determined by the Court to be reasonable. 7. This Agreement is binding upon and shall inure to the benefits of the parties hereto and to their respective heirs, executors, administrators, successors or assigns, wherever the context requires or admits. D. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties with respect to the subject matter hereof. Each party to this Agreement acknowledges thot no representation by any party which is rnt embodied herein nor any other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any codification of this Agreement shall be effective only If it is in a writing signed by all of the parties hereto. M m IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY CITY OF RANCHO CUCAMONGA CALIFORNIA, a munic' pal corporation By: Jeffrey King, Mayor ATTEST: Beverly A. Auth et, City Clerk PROPERTY OWNER Feliz B. Quesada Victoria R Quesada APPROVED AS TO FORN: City Attorney c4w,wlzv .9005Jt Si 709 .se.-r8 �•�.� �a-3 CITY oP II /.TYrll L A VAINSCCTT i ASSOCIATES. IFC. &Wcw CUCP4 L144�� /IJ r.w w.uur . rye�r M[m un.mr f]W WfW 1q u1M'l ��I N I�IlML(. W pllr rr 3Rl S �i RESOLUTION N0. A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM FELIZ AND VICTORIA QUESADA AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME. WHEREAS, the City Council of the City of Rancho Cucamonga to establish conjunction requirements thetsHermosa construction Aven e,tiHamilton frontage and Hermosa improvements ark Improvement Project. WHEREAS, instaliation of curb, gutter, drive epproaches, sidewalks, street pavements and retaining walls located at 6858 Hermosa Avenue, to be made part of said project. WHEREAS, Fe11z and victoria Quesada have dedicated right -of -way as reimbursement to the City for said improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, does accept ;aid Improvement Agreement authorize the Mayor and the City Clerk to sign s -mie, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. M CITY OF RANCHO CUCAMONGA STAFF REPORT Due to the significant number of Capital Improvement Projects being scheduled for this coming fiscal year it is desired to have our construction contract specifications and special provisions professionally updated, standardized and logged onto the City's Mork Processing System to facilitate the ready compilation of these lengthy documents It is noted that although the General Provisions are already "computer loaded' we are paying a consultant to rewrite the Special Provisions with each 'P.S & E.' contract Although this cannot be eliminated in its entirety, a standard list of Special Provisions loaded onto the computer for menu selection and compiling software to enable terminal assembly of such into a finished contract documents is desired. Thus reducing moat of the specification preparation into a "cookbook" effort This will also allow us to store and retrieve new special provisions into i library of special provisions. On June 16th proposals were received from: BSI Consultants, Willdan b Associates, L D. King and Assoc.; and Norris- Repke, all four being Professional Engineering Consultants specializing in Civil and Municipal Engineering with inhouse computer ability to ferfom such workings. The proposal review wos performed under the direction of the City Engineer as a two envelope consultant selection. The Envelopes "A" including the Scope of Workings and Qualifications were reviewed by a panel of Engineers from the Engineering Department to rank the proposals as to experience and scope of their proposed workings. The propose. submitted by Norris -Repko Inc. addressed the desired services to the fullest degree with good experience and background Upon opening the Envelope "B" the same firm was listed with cost proposal. This was coincidental however, the original select upon scope and merit before consideration of price. City Council Staff Report Re: Specifications and Special Provisions August 6, 1906 Page 2 RECO,MMOATION: It is recommended that the firm of Norris -Repke Inc. be engaged to update and computerize the City's General and Standard Special Provisions for Construction Contracts in an amount not to exceed $10,400 plus 10% contingency to be paid from Systems Funds. Respectfully submit d, LBH:B :bc Doi r r PROFESSIONAL SE.4y":ES AGREEMENT This Agreement is wade and entered into this day Of 1906, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as 'CITY ") and Norris Repke, Inc. (hereinafter referred to as " CONSULTANT"). A. Recitals. (1) CIT1 has heretofore issucu its Request for Proposal pertaining to the performance of professional services wtth respect to the preparation of A Computerized and Standardized Specification System ( "Project" hereafter). 01) CONSULTANT has now submitted its proposal for the performance of such services. (111) CITY desires to retain CONSULTANT to perform professional servicL, ecessary to render advice and assistance to CITY. CITr's Planning Cpmmissipr °, City Council and staff in the preparation of Project. (iv) CONSUITANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. 1104. THEREFORE, it is agreed by and oetween CITY and CONSULTANT as follows: B. Agreement. I. Definitlons: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project. The development of a computerized and standarized specification system described in Exhibit "A" Scope of Services hereto including, but not limited to, the preparation of naps, surveys, reports, and documents, the Presentation, both oral and in writing, of soch plans, maps, surveys, reports and documents to CITY as required and attendance at any ind all work sessions, Public hearings and other meetings conducted by CITY with respect to the ' project as outlined in the Scope of Services. t _1. ,;�a7 'r 7 (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Protect: The date of completion of all phases of the project, including any an, all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at puolic hearings regarding the project acceptance for construction is set forth In Exhibit "B" Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwich undertake and complete the project to .ccordance with Exhibit "A" and applicable with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as " documents") including all supplemental technical documents, as described in Exhibit "A' to CITY within the time specified in Pro ec Schedule, Exhibit "B'. Copies of the documents shall be in such numbers as are req,rired by Exhibit 'A ". CITY may thereafter review and foward to CONSULTANT conments regarding said documents and CCNSbLTANT shall theroafter make such revisions to said documents as are deemed necessary. CITY shall receive rnvised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon . written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreem.:nt. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be full qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY 3 CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of f10,400.00 for the performance of the services required hereunder. This Sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the worn of employees, consultants and subcontractors to CONSULTANT. Payment _2. as � to CONSULTANT, by,CITY, shall be made in accordance with the schedule set forth in Exhibit "A (b) Payment, to CONSULTANT shall be .wade oy CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY All charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 955 of individual task totals described in Exhibit W. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY Final pa "ent shall be made not later than 60 days after presentation of final documi. is and acceptance thereof by CITY (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit "C" Charges for additional services shall be Invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. _CITY agrees to provide to CONSULTANT: (a) liformation and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project (d) Assistance, if necessary, in obtaining information frcm other go%ernmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. S. Ownership of Documents: - A3}— degumenis,....d, {� see t1F 8, i LW461T O -3- (�i' t tYlFwa pel-ffipnt fop rper4or ned— ' S♦L{ANT. eh ideni+f -1 howe E6NSULi�ViF -magi *ee aX+1101T ° q6 El+K�L-�ay— desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses Including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY, its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termindtion" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "C", on a pro- rate basis with respect to the percentage of the project completed as of the date of termination In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and dll documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this Paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Warren N. Repke, Principal for and in behalf of Norris -Reuke Inc., 507 E. First St , Suite A. Tustin. CA 92680 and Blane W. Frandsen Senior Civil Engineer for and in behalf of the City Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. -4- a3� 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow anv subcontractor to commence work on a subcontract until all Insurance regjired of the subcontractor has been obtained CONSULTANT shall take out and maintain at all times during the term of this Agreer�.rt the following policies of insurance: (a) worker's Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as prnuf that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shell sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be Insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement". (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANI shall keep, or causr: to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal Injury, death, or property damage arising from CONWLTANT's activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to anyone person or for any one accident or occurrence and at least One Million Dollars ($1,000,000 00) for property damage. (c) Errors and Omissions. CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of Insurance concerning errors and omissions ( "malpractice ") providing protection of at least $250,000000 for errors and omissions t'malpractice") with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. -5- .D3/ (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only In responsible Insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional Insureds CITY, its elected officials, offlce ^s, employees, and agents. All polices shall contain language, to the extent obtainable, to the effect that (1) the insurer, insured and a'l subcontractors waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontrlUuting with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, Indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, frog all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, In any manner arising out of any negligent or Intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or oblig,tion of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 12 Governing Law: This Agreement shall b,t governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is Instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. -6- c:;>3a 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which 1s not embodied nerein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only If It is in writing signed by all parties IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above.: NORgtS -hPKE, (ryC� /� - a� 7 -9 -84 Warren , ep e, rj"incipal —bate —' CITY OF RANCHO CUCAMONGA —-- oe rrey ng, ayor mate -- ATTEST: Bever y ut a et, ty er Approved as to form: 'T- x-33 ENGINEERING SERVICES PROPOSAL FOR DEVELOPMENT OF A COMPUTERIZED AND STANDARDIZED PROJECT SPECIFICATION SYSTEM EXHIBIT "A" PRESENTED TO CITY OF RANCHO CUCAMONGA JUNE 1986 L NORRIS- REPKE, INC. . Consumn0 CMI Engm ry aors and Land Sueyors 907 E FIRST ST • SUITE A • TUSTIN. CALIFORNIA 52660 (714)730-6410 a3y NORRiS- RERKE, INC. ^-J Conault ng GW Eng neere and Lond Survayoro 907 E F1RST ST . SUITE A . TUSTIN, CALIFORNIA 62660 . (71417:30-64 1 O Jsct P No b 4M .. Y /Orcan W Pepe WL�NiN/�w Jun: 16, 1906 NRI 0 -69 Mr. Lloyd B. Hubbs City Engineer City of Rancho Cucamonga 9:20 Baseline Road Sulte C Rancho Cucamonga, CA 91730 Re: Engineering Services Proposal Development of Computerized and Standardized Specification System Dear Mr. Hubbs: We appreciate this opportunity to present this proposal to provide professional services to prepare an updated, computerized and standardized specification system. We beAleve we are well qualified to provide the required services due to the extensive pertinent public works engineering background of the key personnel. It is our goal to provide the highest quality professional services and we want to be proud of what we do. It is our intent to provide the services that the City desires. However, because of the wide variety oP approaches possible the extent of the services could vary considerably We have developed a broad approach to the sub,Ject and propose a compre- hensive system. If in the final analysis It is decided that something less comprehensive is desired, we would appreciate the opportunity to discuss our proposal with you We are very excited about this opportunity and have a special and sincere interest in working with the City on the development of this system in whatever scope the City decides is appropriate. Sincerely, NORRIS- REPKE, INC. (/Ua%ase "lv k Warren W. Repke WWR /kw P :069PRO.LTR �-3S KV 0 PROJECT OTSCUSSiON . .. SYSTEM APPROACH... ...... TPBLE OF CONTENTS PAGE ..... 1 .... . .... .......... .. ... 2 SCOPE OF SERVICES . . .. . ... ..... ....... ..... ...... 7 SCHEDULING .............................. ........... .. 9 QUALIFICATIONS /KEY PERSONNEL .......... ................. 10 2-.3 A L.._ City of Rancho Cucamonga NRI 0 -69 Page 1 PROJECT DISCUSSION This proposal will adds ass the City of Rancho Cucamonga'$ dssire Lo develop a standardized specification system for use of It.,, in- house staff and outside consultants. The City's existing contract document package consists of a well organized and complete sat of general conditions, proposal forms, contract forms and other necessary bldde: Information. Special Provisions are presently written for each project from the ground up by the engineer working on the project be It in -house or consultant. As we see it, an efficient and effective standardized specifica- tion system for the City of Rencho Cucamonga would Lonslst of the following major elements. 1. Written general conditions and standard special provisions that will effectively communicate the project requirements to the Contractor and Construction Adminlstration personnel and bring all the various project elements together in a clear and concise manner. 2. A documented specification writing procedur that will pro- vide uniformity among the various specification writers and increase efficiency by eliinlnating duplication of effort 3 An updating procedure that will maintain the high quality of the system end encourage suggested revisions or additions from the specification writers and users and provides a vehicle for quick review and implementation 4. Use of the City's word processing and computer ca0abilitles for opera of the system Sn the most efficient manner possible. 5. Training of the City personnel in use of the system. With these elements as objectives we have developed a proposed system approach for consideration and discussion. This approach Is described In the following section. x-37 "r \� J City of Rancho Cucamonga NRI 0 -69 Page y SYSTEI4 APPROACH Written Specifications It Is our opinion that one of the primary elements of an effi- cient and useful specification is the effective use of a widely used and accepted standard specification as a foundation. It is our understanding that the City has chosen to use the Standard Specifications for Public Works Construction (Green Book) as the basis of Its General. Conditions and Special Provisions for most general construction items and certain sections of the State of California, CalTrans Standard Specifications for trafflz signals, striping and signing. The existing City Contract Documents are divided Into six sections as listed below - Notice Inviting Bids - Instruction to Bidders - Proposal - Contract - General Conditions - Special Provisions The City has a standard procedure for prodLcing the first five sections and has the text stored in the existing NBI word processing system We have given these sections a cursory review and would propose the following approach to updating and revising these five sections. Review the first four sections not for text content but for organization and compatibility. with the other documents as well as to identify variable items that must be inserted for each contract. Develop a standard bid proposal preparation procedure to provide consistency in the bid items end descriptions used from project to project One method would be to develop a list of probably 50 -75 standard contract bid items for the specification writer to select from. The list could be separated by category and put in alphabetical order. The writer would check off the item on a form, write In the bid quantity and select the order. Items such as pipe or junctlon structures would require a size or type to be written in. The word processing operator would Ito the rest resulting in a complete bid proposal form. Review the content and organization of the General Conditions and recommend revisions The existing document follows the format of PART I of the Standard Specifications for Public Works Construction and appears to be, for the most part, well written and complete. However, we believe a'3 L� K-L) City of Rancho Cucamonga HRI 0 -69 Page 3 some modifications and revisions would be advisable such as 9 renumbering of the subsections to conform to the Standard Spec ficatIons and elimination of some duplication of wording. The sixth section listed above Is the Special Provisions. In addition to specifications regarding'specific items or areas of work the special provisions usually include several subsections that might describe things such as: - general scope of work - special utility information - special instructions to the contractor - traffic contrcl requirements Although for the most part these would need to be written for each project, some standardization could be done Consideration will be given to this area and a standardized format developed. Our approach In developing a file of Standard Special Provisions to cover the various items of work is to rely heavily on the two Standard Specificatirns previously described. The majority of the "Standard Specials" would be developed around the "Green Book" since it is used for the majority of construction Stems PART :I, Constructiun Materials, and PART III, Construction Methods, would be involved. Consideration will have to be given on whether to handle the " Specials" for each PART separately or blend them together into one specification for each type of work. One of the first things required would be to decide on the format of the special provisions to be used. Two of the most orevolent format methods are probably the "Bid Item" format and Gee '-Type of work" format. The "Bid Item" format is organized by bid Stems as they appear an the bid proposal and writes a specification for each. The "Type of work" format is organized to follow the standard specifications and writes a specification for each area of work that applies Both methods have advantages. He relieve that the "Type of work" format is most appropriate for a standard special provision system. However, it is also our opinion that It is Important to reference the bid item or items covered by each special provision. A format based on the following considerations would be developed for discussion with the City. - Clear reference to the standard specifications - Reference to bid items for clarity of payment - Maximum use of the standard specifications keeping text to a minimum He estimate there are about 100 -125 major subsections In the standard specifications that would probably be used by the City on future projects. Each must be reviewed and a special provl- X39 City of Rancho Cucamonga NRI 0 -69 Page 4 Sion - ritten if required. Existing City specifications from past projects would be used as , basis for development of the "specials" a Specification Preparation Procedure This element of the system consists of the procedure used by the specification writer and clerical personnel to develop a final bid document package Consideration will need to be given to existing and future :ity logistics and word processing capability In developing a process. Our approach would be to develop a standardized procedure of which the major elements would probabl•, include: Procedure Instructions - Specification writer - Clerical personnel 2. Implementation Forms - Bid Item Selection List - Data Input form for project title, bid dates, contract time, etc. - Special Provision Selection Form 3. Specification Preparation Manual Instructions Bid Item List Standard Special Provisions Forms for implementation Direction on operation of word processor terminal necessary to develop specifications Although the procedure could take several different formats we forsee a checkoff type of format as having potential. The specifiratlan writer would obtain a draft set of specifications from the word processing operator by checking on a form the sections needed. He would then make his additions and deletions and return them for final editing. Consultants would be able to use the system easily by utilizing the forms or nlso do the word processing if desired by the City by using a transfer of computer disks. Alternative methods would be outlined and discussed with the City, C. Update Procedure This element of the system 1s concerned with establishing a system for keeping the written specifications and the system itself up to date. Our approach would be to develop methods and procedures that would maintain the high quality of the system.snd �Sl U. ECity of Rancho Cucamonga NRI 0 -69 Page 5 encourage suggested revisions from field and office personnel and consultants that use the system daily. These methods might incluee: - Suggested Revision norm - Review Procedure at regular intervals for suggestions submitted - Review procedure for when new eoltlons of the standard specl- ficatlans are published - Periodic meetings to solicit comments and discuss system D. Software /Hardware Considerations The City has an excellent, powerful word processing system (NBI) In operation - -no additional software or hardware is needed. We would install the new text files we create into the NBI system. Our a,:proach would be to create new text files, one for each specification section. This would be done In our office using an IOM PC running MS -DOS 2.0 and "WordStar" in the "non- document" mode (which creates "ASCII" or "simple" text files) and record them on floppy disks. We would install them into the NBI system and convert them from DOS files to NBI files utilizing the NBI onvert function. To accomplish this we would use 1 of 2 methods to be decided later. 1 Transfer the files directly from our disks In the City's 1814 PC AT to the NBI unit by cable link 2. Employ NBI to transfur the files from our 5 1/4" diskettes to 8" diskettes which we can load directly into the NBI unit E. Training A training session for the City's technical personnel and word processing operator would be conducted and include: Use of the system Speciflcatlor format Philosophy behind the format Assembling a set of specifications for a particular fob We expect that the technical personnel preparing specifications will be most comfortable with a Copy of the canned specifications and a pencil so they can check off the sections they want to �yi JCity of Rancho Cucamonga NRI 0 -69 pago 6 include and handwrite additions and changes They would jive their marked set to the word processing operator to prepare the final document However, that' may want to assemble and edit their specifications directly at an NSI console. Even if they don-t It would be beneficial for them to know how it is done. We will ronduct a training session to show the technical Personnel how to log ar cn, call up a main document, insert canned blocks of text (vious sections of the special provisions), search and replace text strings, edit and save their document. They will need to learn only a dozen or so commands and techni- ques, not the whole word processing program CV City of Rancho Cucamonga NRI 0 -69 Page 7 SCOPE OF SERVICES A. Orientation and Data Collection I Meet with City and hold "kickoff" meeting. Discuss work program. Get copy of Information and data needed to get started 2 Review initial data obtained from City Determine additioral information needed and develop discussion Items 3 Meet with membery of City staff who will be using the system and get input. Two meetings are anticipated. 4 if considered necessary, meet with NBI personnel to discuss hardware /software considerations. B Bid Proposal /General Conditions /Standard Documents a t Develop preli.ninery computerized bid proposal Including list of bid items and descriptions. 2. Review ex',ting General Conditions and prepare r ^commendations for revisions 3 Review other standard sections 4 .Submit result of 111 -3" to City for review 5 Meet with City to discuss review. 6 MaPe agreed -on revisions C. Standard Spec.al Provisions I Develop 'ormst method for preparation of standard special provisions 2 Meet with C'ty to discuss. 3 Based on results of "2" prepare draft standard special provisions 4. Submit draft to City for review 5. Meet to discuss results of review. 6 Make agreed -on revisions i E `J �i� City of Rancho Cucamonga NRI 0 -69 Page B D Preparation Procedure t. Develop outline of procedure foi preparation of complete set of contract documents and submit to City. 2. Meet with City to discuss outline. 3. Based on results of "2" develop final procedure including required forms and instruction sheets and submit to City for review. 4. Meet with City to discuss 5 Make agreed -on revisions to procedure. E. Update Procedure 1. Develop draft update procedure for future Editions of the various Standard Specifications includinn required notices, forms, etr. and submit to City for review. 2 Meet with City to discuss. 3. Make agreed -on revisions. F Operation /Procedure Manual Prepare a complete specification preparation manual that explains the system and procedures and Includes copies of all instruction, forms, specifications, etc. Ten copies would he supplied to the City. O. Installation /Training 1. Install complete system and documents on City's NBI word processing system. 2. Conduct training sessions with City staff. Two 2 hour sessions are anticipated. D e Wi EXHIBIT "B" \� L) V K- Cit/ of Rancho Cucamonga NRI 0 -69 SCHEDULING NORRIS- REPKE, INC proposes to provide the services outlined in accordance with the 'allowing project schedule. The schedule would commence upon receipt of s notice to proceed or signed contract. The schedule as proposed is an estimate only based on information known at this time and is also quite sensitive to City review times We would be happy to discuss it further It would also be discussed at the initial meeting and Is subject to revisions based on mLtuel agreement Calendar Days A. Orlentatlon /Data Collectlon ..... ..... .. ..... . 14 a. Standard Contract Documents . .... .. . .... .... 7 C Standard Special Provisions ......... ... ..... . 21 DDevelopment Procedure .... . ....... .. .... .. 7 E. Update Proceoure .. ............ ...... . F Operation /Procedure Manual ... .. .. .. .. 14 G Installation /Training . .. ... ..... ...... .. 14 Total Calendar Days 77 ays EXHIBIT "C" \ L Ci =y of Rancho Cucamonga SCHEDULE OF STANDARD HOURLY RATES Pr-ject Manager /Registered Engineer S 6C 00 Licensed Land Surveyor 56 00 Sr Designer. . . . 50 00 Designer 42 00 Sr Drafter 38 OD Jr Designer. 36 00 Drafter /Technician . . . 32.00 Jr. Drafter /Technician . 26.00 Clerical . . . . . . . 25 00 Survey Crew ' (3 -r-an) . . . . . . (2 -man) 136 00 . . . . . . . . . (1 -man) 108 00 Expert Testimony . . . . . 76 120 00 O0 Orientation /Data Collection .. ... S 800 Bid Proposal /General Conditions /Standard Documents 1,400 Standard Special Provisions 5,300 Preparation Procedure .. .. 1,400 Update Procedure .. ... 500 Operation /Procedure Manual .. ... .. 300 Installation /Training .. 700 TOTAL $10,400 The total fee may be considered a "Not to Exceed" amount for the services proposed Fees would be invoiced monthly for the services performed based on our standar: hourly rates. 4� E X N 1 8 1 T Replace 1st paragraph of Iten 8 -5 With the following: CONSULTANT shall maintain copy rights to the project The CITY may make such copies of project as it nee• +s for its own use, but shall not provide conies fcr the use of others In the event that CONSULTANT sells project to r,;hers CCNSULTANT shall reimburse CITY at the rate of $500 per project sold commencing with the second project sold and up to a naxlmun total amount equal to the final amount of this contract ae12 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Extension Agreement and Improvement Security for Tract 12830 located west of Beryl and south of 19th Street, submitted by Citation Homes, a partnership Tract 12830 was approved by the City Council on July 5, 1985. The Developer, Citation Homes, a partnership, submitted an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $739,222 Labor and Material Bond: $369,610 At this time, the developer is requesting approval of a twelve month extension on said improvement agreement RECOMMENDATION It Is reco&iended that the City Council adopt the attached resolution, accepting said extension agreement and security and authorizing the Mayor and City Clerk to sign said agreement. Rel /fully suboltted, vW LBH:EB:d1w Attachments DV8 CITY OF RANCHO CUCAMONGA ENGINEMMG DWMON N j�, 7,au No 12830 TITLE: Vicinity Map Im�ExtAgmt CITY OF RANCHO CUCANOYGA IMPROVEMENT EXTENSION AGREEMENT FOR TRACT 1 2830 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of th. City of Rancho Cucamonga, California, a municipal corporation, by and between the said City, hereinafter referred te, as the City, and CITATION HOMES. a Partnership referred to as the Developer WITNESSETH: THAT, WHEREAS said Developer entered into an improvement agreement with the City as a requisite to issuance of buildings permits, and WHEREAS, said Developer desires an extension of time to complete the terms of the said improvement agreement. NOW, THEREFORE, it is hereby r.greed by the City and by said Developer as follows: 1 The completion date of the terms of the said improvement agreement 1s hereby extended by a period of 12 months from the date of City Council approval of said agreement. 2. Increase in Improvement securities to reflect current improvement costs shall be furnished by the developer with this agreement and shall be approved by the City Attorney. 3. The required b —d and the additional principal amounts thereof are set forth on the attached sheet. 4. All other terms and conditions of the said improvement agreement shall remain the same. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Developer has submitted the below described improvement security, and has affixed his signature hereto: 3/11/86 1 FAITHFUL PERFORMANCE BOND Description: Additional Principal Amount: N/A Surety: Address: NONE OWED MATERIAL AND LABOR BOND Description: Additional Principal Amount: N/A Surety NONE OWED Address: CASH DEPOSIT MIINUMENTATION BOND Additional Cash Deposit: NAIHTF.NAACE GUARANTEE BOND Principal Amount: N/A To be posted prior to acceptance of the project by the City. NONE OWED KKttKtfKtt /tl lfKKtfKKf tHtKtl tfK ttttf-!RlKIKK }tIKK Kf iN h KIKt CITY OF RANCHO CUCAMONGA DEVELOPER CALIFORNIA, a municipal corporation By: e roy ng, Ra yor Attest: every ut a et, City clerk CITATION HOMES, a partnerskip Pr nc pa —9:; ' / . i F,. G Linton, -Jr ve o n anager CITATION BUILDERS, a partnership Principal NOTE: FORM MUST BE COMPLETED IN TRIPLICATE AND DEVELOPER'S SIGNATURE MUST BE NOTARIZED aSl RESOLUTION NO p t - ),) A RESCLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 12830 WHEREAS, the City Council of the City of Rancho Cuca +onga, California, has for its consideration an Improvement Extension Agm,ement executed on July 7, 1986, by Citation Homes, a partnership as developer, for the improvement of public right -of -way adjacont to the real property specifically described therein, and generally located west of Beryl and south of 19th Street.; and WHEREAS, :he installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunct'on with the development of said Tract 12830; and WPEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is Identified in said Improvement Extension Agreement NOW, THEREFORE, BE IT RESOLVED by the City Council of th, City of Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor 1s hereby authorized to sign said Improvement Extension Agreement on be„dlf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 05Q CITY OF RANCHO CUCAMONGA STAFF DEPORT DATE: August 6, 1986 TO: City Council and City Manager FROM: Lloyd B. Nubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for D R BS -10 located on the west side of Archibald Avenue, south of Monte Vista Street, submitted by Woodwind Associates, a California Limited Partnership D R. 85 -10 was approved by the Planning Commission on July 10, 1905 The Developer, Woodwind Associates, a California Limited Partnership, is submitting an agreement and security to guarantee the construction of the off - site improvements in the following amounts: Faithful Performance Bond: $60,000 Labor and Material Bond: $30,000 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water Distr'ct RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving n.R. 85 -10, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record Qs3 Ii h .o %QTY OF RANCHO A PROJECT:_ Q R 85-10 CUCAMONGA TITLE:___ _ ENGINEERING DIVISION ash EXHIBIT: A' 11D I m a i PROJECT:_ Q R 85-10 CUCAMONGA TITLE:___ _ ENGINEERING DIVISION ash EXHIBIT: A' CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR DR e5 -10 KNOW ALL MEN BY THESE PRESENTS: That this agreawcnt If made and entered into, In conformance with the provisions of the Municipal Code and Re9ula21ons of the City of Rancho Cu c. wonga, State of California, a municipal core... tlon, hereinafter referr- •d to is and�s_yyypsr�� the GILY, by and between said City the �n aTTo Per pare halter referred to at real THAT, WHEREAS, laid Developer desires to develop certain pn De rt In Bald City located between pamthvst and Archibald Are.S /o Ylisgn an, WHEREAS, said City h I esUbl fihed cert aln requirements to ba met by told Developer H pre requ is l to to granting of final tppIS me end WHEREAS, the exec utl,n of this ,gree,ent and posting of imp .,rtes nt srgrlty as hereinafter cited, and approved by the CItY Attorney, dre deemed to be egl,ivalent to prior completion of .all requirements for the Purpose of Securing said approval MOW, THEREFORE, it Is hereby Agreed City and ilia 01-11oper as fall,.,: by and between the devel E The Ddvdt,Per hereby agrees to constru ^t as within expense all Improvements described on Page 4 hereof within 72 mans of From the date hereof 2 This agreement shall be effective on the dlte of the rose lot ton ,/ the Council of s Id City Improving this agreement This agreement shall be In default on the day follow- ing the first anniversary date of said approval unless an erten- Pdon ./ time lief Oeen gritted by said City of hrrafnafte^ prorid- O The Deroper May request a.dltlonal time in which to complete the pr d urfsfons of this agreeoent, In writing not less in" 30 days prior to the default date, and Including a Statement Of circumstances of necessity for additional tla* Iu confldere- tfon of such "Quest, the City reserve. the right to rerier the provisions hereof, Inciuufng construction standards, cost estlmate, and sufficiency of the Improvement security and tt require adjustments thereto when warranted by substantial changes [hare to A- If the Devaio9er fails or neglect, to comply .11th the prprislons of this agreement, the City shall have the .Ight at any time to cause said provisions to be completed by any law his weans, he thereupon to recover from said uevalcaer Ind /or nts Surety the full cost and expense Incurred In sap doing .Par fro Sthe off lea tiont�Piermits Shall be ar obtained by the Devel- rork rltAfn the pub LC right -of -way, and p they developer .&hail conduct Such work 1n fall cz"O"snu with the regulations contained therein Ron- COMPlfance may result In etopDlng of the work by tt.e City, and assessment of the penalties provided. 6 duDile rlyyht- , / -rev Impr.remfat work required shill be constructed In Con /oru nee with approved Improvement p•Ins, Standard Spec ifs utt,ns, and Standard D•arings and any ,Peefal 1720 E. GO MY Are.. Suite 203 .1- Santa Ann,, CA 92705 S.F.. D.R. Res.. p.M..CUp 'l T Amendments thereto Construction shall Include any transitions and /or other Incidental work deemed necessary for drainage or Public safety. Errors or eemisslons discovered during construc- tion shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works 7. York done within existing streets shall be diligent- ly pursued to completion; the City shall have the H91,t to complete any and all work In the event of unjustified de:ay in completion, and to recover all cost and expense Irturred from the Developer and /or his ccntraptor by any lawful .eons 8. The Developer shall be responsible for replacement, relocations, or removal of any component of any Irrigation "Ater system In conflict with the required work to the satisfaction of the City Erglneer and the ount of the water system. 9. The Developer shall be responsible for removal of all loose rock end other debris from the Dubllc right -of -way. 10. The Developer s halt plant and maintain parkway trees as directed by the Coeeu pity Development Director 11 The Improvement security to be furnished by the Develop7er to quarantte completion of the terms of this agreement shall !e sub Lt to the approval of the' City Attorney. The Drin- cipal amount of said Improvement security shall not be less than the amount shown: as(O .j FAITHFUL PERFORMANCE Type PflnclPal Amount: $60,000 Name and address of surety: �•'T� IMWRAhCE CWPAiR 33 Vllahlre, AIW4elm, C. 92801 MATERIAL AND LABOR Type: Principal Amount: LCvELCFE71S INSURANCE COMPANY 370.000 Name and address of surety: 333 Vtlahlre, Anaheim, rS 92831 CASH DEPOSIT MONUMENTATION Type: Principal Maurt: N/A Rime and addrese of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY Tilt CITY IN NITNtSS HEREOF, the parties hereto have Caused these presents to be duly tgculed and acknowledge vIth required by lar on the dates set forth opposite [heir fignaturess Data_ one /nA Dy�• r /_ /yl J 5ignatu�rJF //� . Developer Cr,r-r L. Haelll far Vaud d Aaraclatea Printed Date_ by �ra Developer me Accep-cd: City of Aanc No Cucaeorga, bllf ern to A Municipal Cor po rail on By: - -� Mayer Attest y er Ap prp red:_ sr torney t1AlI or W ✓]aAw ors. xsTN '' anm Y[O PUAPY nNrylA 86 mb1 N N pinVlN 1 mpI Mc n ek b fM AN OmtTyr GPAPGE L. NANYLL NrnN m.ww m.O•nal[A Wbi I'r'mAVb1PT b11i lrCRt anMYr UrN bN ll rY+rb<'A1 b M b r,0+1�n W RrM W M_ Mnr qH� NbbCW b N�AN NawNl NlmrplypyYgN II �, a Jn� vAIA(yN WaYa vn� d N[GSO N EngEst CITY OF RMCHO CMANONGA ENOINEEAING DIVISION MMACHKINT PERAIT FEE SCHEDULE For Igrorment: Archibald Areeua and AxtA tt Avenue cater nmc to l: avtr Flit a t: p City Driving no. NOTE: Ooes not Include current fee for wrltHy Permit a Paammt deposits - QIALKIll T MIT ITEM MICE MOUNT L.F. P.C.C. curb - 12• C.F 24• quit., 7,25 !� l.F I.C.C. curb - 8- C.F 24- gutter 6.00 -T2'nT L.F. -20 I.C.C. curb Only S.50 L.F .9t5 SJ A.C. btrs 1• P.C.C. sidewalk 1,50 IJS �j- ].575 S.F Drive approach 2,50 S.F 6• P.C.C. cans gutter (Inc. curb) 7.40 90 street excavation 1,50 C.T Iaoorttd eDankatnt 1.50 1.617 SJ 1.E77 rtpara lm of subgrade 0.5 SJ TON 6• Crushed tq9. base A.C. 1700 tons) 0.118 •27.00 TON A.C. 900 to 1700 tons) 75.00 TON Jov A.C. Soo to 900 tons) 15.00 TON A.C. under 500 tons) 60.00 1.627 S.F. A.C. a• thick) 0.77 'Tlgd- S.F. Patch A.C. (trench) 1.75 2656 S.F 1• thick A.C. overlay 0.7D U. Adjust SMtr whole to grade 250.00 -� EA. Adjust sewer clean xt to grade 150.00 U. Adjust water valves to grade 75.00 EA. Street lights 1000.00 7,000 L.F I,rrfcades (Inserted SSW sin) 1.00 L.F 2 A a- redwood header 1.75 . 90 5.F Pemval of A.C. pavmmt 0.75 l.F. Rnsral of P.C.C. curb 7,70 44P L.F Re al of A.C. bare 1.00 a EA. Street Sig's 200.00 EA: Pecjectors and posts 75.00 L.F Concrete block wall 25.00 S.F Retaining wall 20.00 TV Aggregate base 7,00 C.T Concrete structures 425.00 -L L.F. 18• RCP 2000 0) 11500 29.00 NI L.F. 21• RCP D) 75.00 �� LF. L.F M• RCP ((2000 0 18• RCP 1200 0 19.00 M. eon �1 EA. Gr tM basin 2000,00 EA. catch basin R • 8, 7900.00 EA. Catch basin M - 22, 1SOO, D7 EA. Local dtpresslo, a' 000,Op EA. U. local deDstmetn 12' Outlet sscture, 1070,00 SOOC.00 i.IsIm, T EA. td Outlet structure, see 1506 s 1SOO.- - 1''5�-- __ U. Outlet ura, Std F507 500.00 U. Ward posts posts 10.00 l.F Ward panel (wood) 25.00 -- lAL. 2.00 _ EA. EA. medwa Readwall (a8' wing) app1.15 L.F. i S.F L.F. Redwood Mader Und!ca0inyy L Irr 19atlon Roll 1.75 2.75 7 - 'TF6T curb (P.C.C.) 7.50 INGI8IERING INSPECTION M 2.825 WB TOTAL •RESTOIATION/DEIINUTIOO CASH CONTINGUCT COSTS )Y1 FAITkFUL �B'p(0 as ptA MD.VONT'TION SURE"' AND MATERIAL (SplJ�) tm7r5e1"t to city of Ranckm CocrongqA @mtc5pA1 Code, Title I, Chapter 1.08, adopting Sam BernAMlm County Code Tltlts, Chip "a 1.5, a ash ntlseatlon /deilmattan deposit sha11 W she prise to 1lsumce of m "Intering Cmstructlm Penit. Revised 7/61 r�� RESOLUTION NO. ?�0 — Dd g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. O.R. 85 -10 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on February 25, 1986, by Woodwind Associates, a California Limited Partnership as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally locate: on the west side of Archibald Avenue, ;outh of Monte Vista Street; 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 Commission, Development Review No. 85 -10; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED 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 Maynr is hereby authorized to sign sat! Improves -' Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to e,.est thereto. 2�s9 CITY OF RANCTIO CUCAMONGA STAFF REPORT DATE: August 6, 1986 TO: City Council and City Manager FROM: Lloyd B Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement, Improvement Security, anal Final Map of Tract 12944 located in the Caryn Planned Cc munity, submitted by Marlborough Development Corporation Tract 12944 is the final phase of Tentative Tract 12642. Tentative Tract 12642 was approved by the Planning Commission on January 9, 1985, for the division of 115 acres into 510 lots in the Caryn Planned Community Development District located on the northeast corner of Highland and Milliken Avenues The Developer, Marlborough Development Corporation, is submitting an agreement and security to guarantee the construc' or of the off -site improvements in the following amounts: Faithful Performance Bond: $135,000 Labor and Haterial Bond: E 67,500 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. RECORMENDATION It is recommended that the City Council adopt the attached resolution approving Tract 12944, accepting said agreement and security and authorizing the Mayor and Lity Clerk to sign said agreement and to cause said map to record Respectfully sub fitted, LB B:dlw Attachments 40 CITY OF RANCHO CUCAMONGA ENGMEE I NG DMMON PI'EN4' Tract 4n. 12944 717M- Viclnity Map U� i /TF CITY OF RANCHO cuCAMONGA IMPROVEMENT AGREEMENT FOR BOND N0. : NA 100219 PREMIUM : $816 00 12 YEARS r"eORMANCE- LABOR a MATERIAL TRACT NO. 12944 into. in conformance Twith the Sp PRESENTS: at this is agreement is made and t ofered State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, Crilfornla, a municipal corporation, by and between said City, hereinafter referred to as the City, and Marlborough Development Corporatio,, hereinafter referred to as the Developer. WITNESSETH: said City WHEREAS. now on the develop certain subdivision kniowpn property 12944; and WHEREAS, said City has established certain requirement; to be met by said Developer as prerequisite to approval of said subdivision gererally located at Milliken and Highland Avenues. NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follcws: 1. The Developer hereby agrees to construct at Developers expense all inprovements described on Page 6 here -of within twelve months from the effective date hereof. 2. the Council hof saideCity approving this effective eement. This agretement shallibe to default on the day following the first anniversary date of said approval unless an extension of time has been granted provided. by said City as hereinafter 3. The Developer erms hereof. Such request shall rbeusubaittedttosthe Cityiin writinginot lesstthan 30 days before the expiration date hereof, and shall contain a statement of right circumstances review the provisions e of this agreement, including the a co have ion standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has dccurreg during the term hereof. 'his agreement, thee1City shall havegthetright atianyittimeetorca sensaid provisions to be met by any lawful means, and thereupon recover from the Developer end /or his surety the full cost and expense incurred. S. The Developer shall provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 2079 Century Park East Los Angeles, California 90067 C=V1 6. The Developer shall be responsible for replacement, relocation, or nsa ` - eo system cotruction o required Improvements t the satisfaction of the City Engineer and the owner of such water system. 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Irm.,:vement Plan approved by and on file in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the improvarent plans listed thereon by number. The Developer shall also be responsible for construction of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. errors or omnisslons discovered during constructin shall be corrected Loon the direction of the City Engineer. Revised work due agreement a and the surety co�eringethe original plan ned works. this a. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments Failure to comply with this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said development resulting from work relative to said development. completion Work the City shallnhave the right toscomplete any and all works in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. Said pe streets and easements in shall said subidivision, fuoloton9 dedication the and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Vage 7 , to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure Permit, issued by the City Engineer, whenever it is necessary to protect the public during the construction of the improvements herein agreed to be made. 12 Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Consminity Development Director. 2 �G3 The Developer shall be responsible for maintaining all trees planted in good Health until the end of the guaranteed maintenarce period, or for one year after planting, whichever is later. 13. The Developar is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City Ordiances, and tnis agreement for the development, and for the maintenance of all iprovements constructed the City, eand thereunder noi provement security p ovidedshereenwithfshallibeereleased before such acceptance unless otherwise provided and authorized by the City Council of the City 14. This agreement snall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released 1S. The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. 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 by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 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 materialmen: 1. A bond or bonds by one or more duly authorized corporate sureties in the fcrm and content specified by Government Code Section 66499.2. 2. An Improvement Security Instrument in the form and content specified 3. A deposit bw e y with City ofttmoney or negotiable bonds 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 upon the Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the depusit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shown on the Construction and Bond Estimatt contained herein. Said cash deposit may be refunded as soon as procedure permits after reculpt by the City of the centerline tip notes and written assurance of payment in full from the engineer or surveyor. D. The requirM bonds and the principal amounts thereof are set forth on page 6 of tits agreement. 16. The Developer warrants that the improvements described in this e Shall be free from veowithinhone Any and follooing the data On which the improvements are accepted by the City (1) year repaired Or replaced by Developer free of all charges to the City. The developer shall furnish a maintenance guarantee security in a sum equal to ten percent (10%) of the construction estimate or $200.00, whichever is greater, to secure the faithful performance of Developer's obligations as described in this paragraph. The maintenance guarantee security shall also secure the faithful performance by the Developer of any obltratton of the Developer to do Once been improvements rhavecheen accepted and as ma in tenances guarantee security this been may by the released provided that such release iseSot�erwise authorized by the Subdivision Map Act and any applicable City Ordinance 17 That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement i,-om claims for propert, damages which may arise because of the nature of the work Or from anyrcontractotleor tSubcontractor, orh en one direcperat loos he by himself ed by said persons, even though such damages be not causedobyi the rnegligenceoofdthe Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage lnsurence shall list the City as additonal Insured and directly protect the City, its Officers, 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 be as follows: A. Contractor's liability Insurance providing bodily injury or death liab'11ty limits of not less than $500,000 for each person and liability limits of of not accident less than $250e000.for Beach property occurrence with an aggregate limit of $500,000 for claims which may arise from the operations of the Developer in the performance of the D. herein Automobile provided liability bility insurance covering all vehicles used in the limits of�not less tthan $500,000 for leach personyand injur $1,0 00,000 for each accident or occurrence, and property damage liability limits Of aggregate ofanot 2le i thanS500,00accident hich mayrariserfrom the opera- With an tions of the Developer or his Contractor 1n performom the work provided for herein. 4 DIP'S file w13- befo the ith het City a certificatetor certificates ofninsurancevcoveringhthe of this specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. As evidence same, the d1Subdivider vhasonsubmitted contained therefollowingf described improvement security, and has affixed his signature hereto: S 064 }'M .L' Jul y 1. 1986 �✓ r - FAITHFUL PERFORMANCE Type: Principal Amount: 135,000 ilLlie and address of surety: NATIONAL INDEMNITY COMPANY ' C/O JAMES U. r.CONN 3055 WILSHIRE BLVD., LOS ANGELES, CALIF. 90010 MATERIAL AND LABOR PANIENT Type' Principal Amount: 67,500 Name and address of surety: NATIONAL INDI30ITT COMPANY C/O JAMES W. ECONN _ 3055 WILSHIP.Z BLVD., LOS ANGELES, CALIF. 90010 CASH DL -POSIT MOMWNTATIOM Type' Principal Amount: 3,800 Name and address of surety: MAINTENANCE GUARANTEE Type' Principal Amount: (lame and address of surety: TO BE POSTCD PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by law on the dates set forth opposite the natur Date OC SVe Mem CORPORATION 4u1�.1�I D Developer rtS ur Paul N. Dytnee, VIC, Preeldent m e 4 Date Ajia IA 41_ by F'-"�� veloper nd 5r. . += Accepted: ti City of Rancho Cucamonga, a municipal corporation ,i By: Mayor Attest: City Clerk 'F Approved: _ City Attorney • OEVELIIPER'S SIGNATM MST RE NOTARIZED AND COMPLETED IN TRIPLICATE - •.r: CITY OF AANCHO CUCAMONGA FAITHFUL. PERFORMANCE BOND BOND NO: YAI00219` REMIUH: 016.00' WHEREAS, the City Council of the City of rancho Cucamonga, State of California, and Marlborough Development Corporatioi (hereinafter designated as principal ") have entered into an agreement „hereby principal agrees to Install and complete certain designated public improvements, which said agreement, dated July 1, her'reterrto an ma e a part__Fereof, and, project Tract 12963�198 6 and idonCtfied as WHFP.EAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and Fremont indemnity Company as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called *City"), in the penal sum of one hundred thirty -five thousand Dollars ($135,000) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators. Joint!y and severally, firmly by these presents. The condition of this obligation is such that if the above bcunded principal, his or Its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly ;eep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein arovided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true Intent id meanino, and shall indemnify and save harmless City, its officers, agents and emplo;ees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to th= face amount specified therefor, there shall be Included costs and reasonable expenses and fees, including reasonable atton.ey's fees, 1.,.:1 "d by City in successfully enforcing such obligation, all to be taxed as costs and included in any ,judgment rendered. The surety hereby stipulates agrees h change. extension alteationoraddit ntthetermsf the agreement r o the wD k to be perfermied thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of tire, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the p, acipal and surety above named, nn July 7 198 6 MMLRgROUCirjDEV$LOPI RNM CORPORAiIOn L�s.c- N at Indemnity C any Paul DYYCItb , ce Pros nt , Uret By Dolores M. Brien, acre ta)'ry orney- n- IIet / J a W. Rcoap 9LEASE ATTACH POWER OF ATTORNEY TO ALL 80NDS SIGNATURES RUST 8E NOTARIZED .. MUST DE COIPL�EETIED IN TRIPLICATE {'rt^r ACKNOWLEDGMViT OF ANNEXED INSTRUMENT r' STATE OF CALIFORNIA _ COUNTY OF Loa Angeles On Me 7th day cf July In the year 198E belwe me, Lied L. Thornton a Nolary Public, Slate of Cabforila, duty co,,. isioned and sworn, personally appeared Jameu W. Econn personally known to me (or proved to me on the Doris of satisfactory evidence) to to Inc Attorney In Fact of the corporation Oat executed the wiW' Instrument, and also known to me W be the person who executed the within Instrument on behalf of the corporation therein named, rnd Acknowledged to me that such coryoral on taecated the same. National Indemnity Company ' IN WITNESS WHEREOF, 1 Mw bereuntr sM my hand and affixed my official seal In the Los Angeles County of Csllfornt.. - on the dt;e set forth above in this +1 FY.NNMN....••N.I.IN �"'�1�. � ( ^/ 1� . ornau ttK Not ryPUblic State CeAlornla LIf,A L THORNTM NWn P&14Ww l e hYehY pen N t.ar M043 c—* rAy Co n.,. uo MeY is, 19 commission aspires May 24. 1989 ,.r Y . �' r' t � �rt aUND N0. NgI0U21Y�' PFENIUM: INCLUDED CITY OF RANCHO CUfA11ONGA WPERI'OP_y LABOR AND MATERIALMEN BOND BONG WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and Marlborough Development. Corporation (hereinafter designated as "principal') have entered into ai agreement whereby principal agrees to install and complete certain designated public impr- vemerts, which said agreement, dated 21Y I I 198_ 6� and i„entifiad as project Tract 12914 is ere y referred to an made a part hereof; and WHEREAS, under the terns of !aid rgreen:ent, principal Is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cucamonga to secure the claims to which reference is made in Title 15 (co:,nencing with Sertion 30P.2) of Part 4 of Division 3 of the Civil Code of the Stata of Califofnia. THEREFORE, said principal and the undersigned as 't corporate surety, firmly bound unto the City of 11ancho Cucamonga and all contractors, itractors, laborers, material men and other persons employed in the armancn of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of sixty -seven thousand five hundred Oolla:s (567,500), for materialt furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an am ant not exceeding the amount hereinabove set forth, and also in case suit 1s brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully in the judgmentftherein rendered. It is her:ay exr essly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file of the under s (commencing t gigiveia9right Section themporttheir assigns in any suit brought upo this Uonu. Should the condition of th , bond be fully pperformed, then this obligation shall become null and void, otherwise it shall he and remain in full force apd effect. The surety hereby stipulates and agrees that no change, extension of time, alteration accompanyingrthe addition to t" tarts of any said affectrits�obligationssanc a this bond, and it does hereby waive notice of any such change, extension, alterRtion or addition. IN WITNESS vdEREOF, this instrum+_nt has been duly executed by the PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED ✓}iT BE CONFUTED IN TRIPLI.ATE k.� lZ ACKNOWLEDGMENT OF ANNEXEO INSTRUMENT e, STATE OF CALIFORNIA j) (. COUNTY OF J On this _ day of in tt,• y-e• before me, of California. duly commrs+onod and sworn, personally appeared a Notary Public, State personally known to me (or proved to me on the bast$ of satisfactory evidence) to be the of the corporation Ihrl executed the wnh,n instrument, and also known to me to be the person 5 ,l who executed tb within Instrumect on behalf of the corporation therein named, and acknowledged ), to me.lhat such corporation executed the tame. s , IR. Yy , F r � a IN WI MESS WHEREOF, I have hereunto lot my hand and affuced my official goal In tits County of on the data cot forth above In IN& amlkste. tasa commission expiroa Stale o $kl0rnla r y 1 e la � u•6. ■ ` a n RESOLUTION NO. SG - a 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IrPROVEMEMI AGREEMENT, '- IMPROVEMENT SECURITY, AND FINAL 14AP OF TRACT MO. 12944 J WHEREAS. the Tentative Map of Tract No. 12944, consisting of 50 lots, ` ` submitted by Marlborough Development, Subdivider, located in the Caryn Plonned Community Development District on the northeast corner of Highland and Milliken Avenue has been submitted to the City o of R the State of California, and in compliance with the requirements of Ordinance+ No. 2 20 at 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 s0mitied herewith for approval and execution by said City, together with gooJ and sufficient Improvement Security, and submits for approval said Final Ma,9 offering for dedication for public use the str_ets delineated thereon. i I104, THEREFORE, DE If RESOLVED by the City Council of the City of Ranrho Cucamonga, California, as follows: 1. That said ImprovPent Agreement be and the Sams is approved and the Mayur is authorized to execute same an behalf of said City and the City Clerk is authorized to attest thereto; and i i "c. 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. Tnat the offers for dedication and the Final Map y y delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. s 7 a T Ott CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: A Oust 6, 1986 T0: City Council and City Manager 'ROM: Lloyd B. Hubbs, City Engineer BY: Judy Acosta, Engineering Aide SUBJECT: Summarily Vacating a 40 -foot easement (Lots l 6 2 of Tract No. 10045 -1) The City has receivad a request from N.Y. Watt to vacate a portion of a 50 -foot wide storm drain easement encumbering Lots 1 and 2 of Tract 10045 -1 located at the northwest corner of Mayberry Avenue and Hidden Farm (load, westerly of Hillside Channel. Said storm drain easement, in its entirety, is no longer necessary for its designated use due to the interception of the major drainage run -off from the north following the construction of Hillside Channel. A 10 -foot wide strip of the above mentioned easement is reserved from this vocation to acronmodate minor drainage run -off from the local tributary drainage areas. RECOMMENDATI0N It is recommended that City Council adopt the attached resolution approving the vacation of a 40 -foot storm drain easement and authorizing the Mayor and City Clerk to sign same. Respectfully subm- toedd, /.r A / LBH:JA1dlw Atta0wents _)7,3 miX O O QN O O I:- u 4.o(: �0 XA-x,.-4Kft* m I c 61 0 fr4 .1m s OF EXHIBIT •A• THOSE PORTIONS OF LOTS 1 AND 2, TRACT NUHBER 10045 -1, IN THE CITY OF RANCHO ' CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORMIA, AS SHOWN ON A MAP RECORDED IN BOOK 163, PAGES 36 THROUGH 37, INCLUSIVE, IN THE OFFICE CF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEING THE SOUTH 40.00 FEET OF THE NORTH 50.00 FEET OF SAID LOTS 1 AND 2. P ,i c ;: G - , 6 p 1 0 C `4 y a r i RESOLUTION N0. g(p — �;) 3 1 A RRSOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAhONGA, CALIFORNIA, SUMMARILY OROERING THE VACATION OF A 40 FOOT WIDE STORM DRAIN EASEMENT WITHIN LOTS 1 AND 2 OF TRACT NO. 10045 -1 WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of the City storm drain easement hereinafter more particularly described; and WHEREAS, the City Council has found from all the evidence submitted that a 40 foot wide storm drain easement is unnecessary for present or prospective storm drain purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the Lity of Rancho Cucamonga hereby ma es s order vacating that portion of storm drain easement on Map V -060 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit °A', and by reference made a part thereof. SECTION 2: That from and after the date the resolution is recorded, said 40 fcot widq storm drain easement of iota 1 and 2 of Tract No 10045 -1 no longer constitutes a storm drain easement. K resolutio— ToIONe re Clerk shll ctheo Countyi Recorder of this San ^„ Bernardino County, California. 0�77 21. 'rte moo. U CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Lucinda E. Hackett, Assistant Civil Engineer SUBJECT: Approval of Agreement for Installation of Public Improveav:nts and Dedication between Fred H. Koning and Jane Koning and the City of Rancho Cucamonga for Street Frontage Improvements at 6727 Hermosa Avenue The attached subject agreement between the City and Mr, and Mrs. Koning provides for street Improvements which Includes curbs, gutters, drive approaches, sidewalks, street pavements and utility relocations along portions of the Koning's property fronting Hamilton Street and 19ta Street. The Konings have agreed to participate in signature of dedication on a parcel map in favor of the City for street right -of -way along Hamilton Street and 19th Street to return for the constructton of said ioriprovements. Said street improvements will be constructed in conjunction witt, the City's Capital improvement Project for the widening and reconstruction of Hermosa Avenue and Hamilton Avenue and the construction of Hermosa Par9. RECON- ADATION: It is recommended that City Council adopt the attached resolution approving the Agreement for Installation of Public Improvement and Dedication between Fred and Jane Koning and the City of Rancho Cucamonga. Respectfully submitted, eTWK Attorhments Y ACRM ENT FOR INSTAWTXON OF PUBLIC IM'pOYENEiiT AND DEDICATION This Agreer-nt is made and entered into this ____ day of 1980 by and between the City of Rancho Cucamonga, a municipal corporation (hereinafter referred to as 'CITY') and Fred W. and Jane Kaning, husband and wife, as ,joint tenants (hereinafter referred to as 'OWNER') for the installation of certain public improvements including, but not limited to curbs, gutters, drive approaches, sidewalks, street pavements and utilities along portions of Hermosa Avenue, 19th Street, and Hamilton Street to the City of Rancho Cucamonga. A. Recitals (1) CITY has prepared plans and specifications for, and presently contemplates the installation of, public improvements along Hermosa Avenue from victoria Street to North of 19th Street, and along 19th Street from Hermosa Avenue to 250' East of Hermosa Avenue and Hamilton Striet from Cartilla Avenue to Hermosa Avenue (the 'Hermosa- Hamilton Project' hereinafter in this Agreement). (ii) OWNER owns that certain real property, identified as San Bernardino County Assessors Parcel No. 201 - 201 -G8, fronting both Hamilton Street and 19th Street, which property is within the limits of ..,e n.. rosa- Hamilton Project. (fit) OWNER desires to participate in the Heruosa•Vamllton Project so as „ to dedicate necessary rights- of -..ay relatod to street frL,tage improvements along Hamlitt'n Street and portions of 19th Street ('the Koning Portion' herinafter). CITY desires to include tha Koning Portion within the Hermosa- �} Hamilton Project upon the *-ins and conditions hereinafter set fcrth. NOW THEREFORE, it is ?greed by and between CITY and OWNER as follows: 1. OWNER shall participate in signature of dedication on a parcel map in favor of CITY for street right -of -way along Hamilton Stre_< and 19th Street in form and content to thst attached hereto as Exhibit 'A'. -1- 2. CITY is authorized to reuse such Parcel 4ap to be recorded forthwith upon execution of tats Agreement. The Parcel Map shall extend the Westerly boundary of the Koning property an estintsd 50' to the ultimate Right -of -May line for Hermosa Avenue providing street frontage and access from said street. Title 0u3rantce shall be provided therewith to insure all rights of title for said property to the OWNER. 3. CITY shall include the Koning Portion as a part of the construction of the Hemosa Hamilton Project and shill cause curbs, gutters and sidewalks to be built along 19th Street from Hermosa Avenue East appeoximatoly 250' to include a new drive approach•at the existing driveway locatlon'to residence, all necessary public improvements along the new Hermosa Avenue frontage and curbs, gutters and new 6' chain link fence along the Hamilton Street frontage. 4. OWNER agrees to grant to CITY, its elected officials, officers, agents, employees and contractors such rights of entry and /or temporary construction easements as are deemed necessary by CITY's City Engineer to cause the completion of the Koning Portion. S. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5. In Its event any legal proceeding is instituted to enforce any term or provision of this Agreement, the prevailing party in said legsl proeeedfng shall be entitled to recover attorneys' fees and tests from the other party in an amount determined by the Court to be reasonable. 7. This Agreement is binding upon and shall inure to the benefit of The parties hereto and to their respective heirs, executors, administrators, successors or assigns, wherever the context requires or admits. 8. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties with respect to the subject mutter hereof. Each party to thi: Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement ur promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in a writinil signed by all of the parties hereto. .2. OA AP4V 'A ,1 a� f. 3 t. C 4} IN WITNESS WHEREOF, the parties hereto have executed this Agreensnt on the duy and year fiest above written. CITY CITY OF RANCHO CKAMONOA CALIFORNIA, a municipal corporation By: Jettroy Xing, or ATTEST: every A. Authelet. City err pR MTY OWNER Fred. W. Koning Jane Kor.ing �6 M :i 6 e A'., 511 i I all, 1.14 M1 It � °it r��ioi9a�:�i � I4atlO�i ��C]Jr! Y �s wit e:u t V Z � I hn 91M � �•� 61 "ar �tilt gt Wit 4ozl 4!' ?i•,`�4 ham` .��a;L({: ��ai a � ,r {• r r 6 �• ' RESOLUTION No. 406-8e vZr r� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUL!MONSA, ACCEPiING AN AGREEMENT r:OR INSTALLATION OF ' PUBLIC IMPROVEMIT AND DEDICATION FRON FRED AND JANE KONINO AND AUTHORIZING THE MAYOR AND CITY CLER9 TO SIGN SAME WHEREAS, the City Coencll of the City of Ranch,, Cucamonga to establish •equlreaents for y construction of frontage improvements in conjunction with the Hermosa Avenue, Hamilton Avenue and Hermosa Park Improvement Project; Ind�,t WHEREAS, installation of curb, gutter, drive approach, si,ewalk and street pavements locattd 6727 t at Hermosa Avenue to be made part of said project; and WHEREAS, Fred and Jdne Koning have agreed to participate in Signature of dedication ' on a parcel awry to favor of the City for street right -of -way along Hamilton Street and 19th Street as reimbursement to the City for said Improvements, NO'A, THEREFOPE, BE IT RESOLVED that the City Council of the City cf Rancho Cu:amonga, C,11 ifornia does accept sold Improvement Agreement, authorizes thn Mayor and the City Clerk to I sign same, and direct. the City Clerk to record same in the 01fice of the County Recorder of San Bernardino County, Califurnia. 4.r a � ,r i r • a° t; i a j CITY OE RANCHO CUCAMONGA STAFF REPORT r. .n. GATE: August G, 1986 Ip ! Lq J. °a. �l? s TO: City Council and City Hdnager im ' ;ROH: Lloyd B. Hubbs, City Engineer BY: Lucinda E. Hackett, Assistant Civil Engineer SUBJECT: Adoption of a Resolution of the City Council Authorizing the ' City Engineer or Other Responsible Official Assigned by, the City Engineer Approve and Execute Right of Hay .- ,to Certifications The attached - esolution authorizing the City Engineer or other 4` responsible official to approve and execute right of way certifications, will simplify and reduce costs to the processing of such documents.for Capital Improvement Projects funded In whole or part by federal moriles. RECOMMENDATION: It 1s •econmended that City Council adopt the attached resolution authorizing the City Engineer or other responsible official assigned by the y Enginear to approve and execute Right -of -Way Certifications, I ;r:tf. illy supoitted, LBN:LEH:bc Attachments E(,% V..far> .W' #`iln w4'6?i�*,�.tfd:.:. Ufa '}.�io•t.''.♦ �. c:c .:i 'i4 W � | ^ �, WYC RESOLUTION NO. Eff.".DU A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, 'AUTHORIZING THE CITY ENGINEER OR OTHER RESPONSIBLE. OFFICIAL ASSIGNED BY THE CITY ENGINEER TO APPROVE,AMD-EXECUTE RIGHT-OF-WAY CERTIFcArIONS WHEREAS, from time to tI?,e certain Caital Improvement Projects 'or this City are funded in whole or part by federal monies, :nd in order to obtain such monies, one of thri requirements is to submit a right-of-way certification; and WHEREAS, It has bae;i determined by the Engineering Department and recommended to the City Council that delegating the ruthority I* approve and execute right-of-way ce�tIfications would simplify the proces0nq of such documents and concomitantly reduce costs In conneWon therewith. NOW, THEREFORE BE7 IT RESOLVED by the"6ty Council of tlie City of Rancho Cucamonga, California, the tity Engineer or other responsible official assigned by the City Fngineer ' Is hereby authorized 'to approve and execute City which are fundeid in whole or Pik by federal monies. W � | ^ �, v* y a y i in DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF, REPORT August 6, 1986 . City Council an.. City Manager Lloyd H. Hobbs, City Engineer Judy Acosta, Engineering Aide Summarily Vacating the Northeast Corner of Arrow and Etiwanda along the Southern California Edison Company Easement It is requested that the property located along the Southern California Edison Company (SCE) easement at the northeast corner of Arrow and Etiwanda be summarily vacated. The 50 foot right -of -way is no lcnger necessary and will not be of an further use for roadway or utility purposes. When vacated, this portion of land will revert back to residential usage. RECOMMENDATION It 1s recommended that City Council adopt the attached resolctlon approving the vacation of the easement at the northeast corner of Arrow and Etiwanda slong Southern California Edison easeent and authorizing the Mayor and City Clerk to sign same. Rasp su tied, L6H(�b dla AttachmentF K Yt' Y,, ;.0 ti CITY OF IIM*S11m ACTT Vacting MEC ACr,, R"GHO CUCAMONGA 71irm. V-059 Etl ENGINE MUNG DIVISION EU 0 M. , N 754 - e + �4 L E G A,L` D E S C R I P T I O N EXHIBIT .;� A 50 FOOT WIDE STRIP OF LAND LYING WITHIN AND ADJACENT TO THE EASTERLY LINE OF THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINU, CITY OF RAN:HO CUCAMONGA DESCRIBED AS FOLLOWS: THAT PORTION OF SECTION 9, TOWNSHIP 1 SOUTH, RANGC 6 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AI THE SOUTHEAST CORNER OF LOT 8, TRACT NO. 4578, AS PER MAP RECORDED IN BOOK 60 OF MAPS, PAGES 21 TO 23, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID CORNER BEING ALSO A POINT IN THE NORTHWESTERLY LINE OF THE SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT PER i DEED RECORDED IN BOOK 14-41, PAGES 6 TO 66 INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID EASEMENT LINE SOUTH 21° 16' 11• WEST 1424.96 FEET TO A POINT IN THE NORTd LINE OF ARROW ROUTE, 60 FEET WIDE; THENCE SOUTH 890 24' 10• WEST 533.26 FEET ALONG SAID NORTH LINE OF ARROW ROUTE WITH THE EAST LINE OF ETIWN,DA AVENUE , "D FEET WIDE; 0 THENCE NORTH If 22' 00 EAST 1564,85 FEET, MORE OR LESS ALONG SAID EAST LINE OF ETIWANDA AVENUE TO TN4 SOUTHWEST CORNET OF SAID TRACT NO. 4578; THENCE EASTERLY, SOUTHERLY, SOUTHEASTERLY, NORTHEASTERLY AND, SOUTHEASTERLY ALOR'G THE SOUTHERLY, WESTERLY, SOUTHWESTERLY, NORTHWESTERLY AND SOUTHWESTRLY BOUNDARIES OF SAID TRACT NO. 4578, TO TYE POINT OF EXCEPTING ANY PORTION LYING SOUTHERLY 0^ A LINE 50' NORTHERLY AND PARALLEL TO THE CENTERLINE OF ARROW ROUTE. A�1= '.�"!t :- .r,•..'afi'•.' "�:z`- 2.)'•: a,?�LFAV3ts. _ i '•�. i a' l u.' RESOLUTION NU. � % ,- a3 y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF THE NORTHEAST CORNER OF ARROW AND E7INANDA ALONG SOUTHERN CALIFORNIA. EDISON COMPANY EASOMW WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of the City Easement hereinafter more , particularly described; and WHEREAS, the City Council found all the evidence submitted that a `- portion at the Northeast corner of Arrow and Etiwanda along 'Southern California Edison ease.unt is unnecessary for present or prospective public .. utility purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of thm City of gan -ho Cucamonga as follows: ;Z'CTTON 1: That the City Council of the City of Rancho Cucamonga hereby matT —esi is w��.r �rratinn that Mrtion of easement on Map V -DS9 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hertto, maaked Exhibit •A•, and by reference made a part thereof. SECTION 2: That from and alter the date the resolution is recorded, said por oEi n ac-Ehe Northeast corner of Arrow and Etlwanda along Southern California Edison easement no longer constitutes a pubic utility easement. SECTION 3: That the City Clerk shall cause a certified copy of this resoldtion'ae recorded in the office of the County Recorder of San Bernardino County, California. 0 v _ p� iy,�'�•yll CITY OF RANCHO CUCAMONGA 4 -STAFF REPORT ti n� Date: Au;ust 6, 1986 6101 To: City Council and City Manager 197 From: Lloyd B. Hubbs, City Engineer By: Lucinda E. Hackett. Assistant Civil Engineer SUBJECT: Contract Change Order Ho. 1 for Engineering Design Services on the Eighth Street and Grove Avenue Intersection Widening and Improvements Additional engineering design services for Eighth Street and Grose Avenui Intersection Widening and Improvement are required and shall consist of: 1. Prolonged Plan Check Process. 2 vertical Street Alignment revised in response to Atchison, Topeka b Senta Fe Railway Company. 3 Redesign the southerly curb returns in response to request from City of Ontario. These design services are in addi,lon to the original design agreement awarded to L.A. Wainscott b Associates. Inc., of Grand Terrace, California on May 2, 1935. This contract change order increases the original contract pricE by $2,300.60. The contract fee therefore, will increase from 512,000.00 to $14,300.00 and will be paid by Fed 203 and Systems Development. RECOMMENDATION: It is recommended that the City Council approve Contract Change Order Ho. 1 for additional Engineering Design Services on Eighth Street and Grove Avenue Intersection Widening and Improvements by L. A. Wainscott for the additional fee of $2,300.00 to be drawn from the Systems Development Fund. Res P e 1 ted, BH: E U u..,- .N= t rt `I I CITY OF RANCHO CUC MM=4 } ENGINEERING SERVICES CONTRACT CHANGE ORDER N0.1 CONTRACT Order o.: Eighth and Grove Intersection Widening and Improvement August 6, 1986 Oate: TO:_L_.A. Wainscott d Associates, Inc., 22400 Barton RI_ Ste 200 Grand Terrace CA 92324 Engineer You are hereby requested to comply with the following changes from the agreement for engineering services. in Contract Price In Contract,Prige 1. Prolonged Plan Check. Process $ 500.00 2. Vertical Street Alignment Revised $1,400.00 3. Redesign Southerly Curb Returns S 4nn_nn TOTAL $2,300.00 JUSTIFICATION Increase in scope of work due to unanticipated changes and requests from SPRR and City of Ontario The amount of the Contract will be (Decreased) (Increased) by the sum of: Two Thousand Three Hundred Dollars ($2,300.00 —� —_ The Contract Total including this and previous Change Orders will be:Fourteen Thousand Three Hundred — Dollars ($14,300.00 The Contract period provided for completion will be (Increased) (Decreased) (Unct ) Days This document will becoment to the Contract and all provisions will apply hereto. Requested: '�. J?§t eer ate Accepte d: ate S" r, Approved: Ff Mayor, City of anc o Cucamongi ate �.� Tft stein or�at an via a be used as record or any c n9os tot original eng neer ny r�4_acreeaw!nt dated:. May 2, 1985 J . , y 4, r CITY OF RANCHO CUCAMONGA + ^ " STAFF REPORT a 1r-,n O 0 Date: August 6, 1986 tvn , is City Council and City Manager !, '�• ' From: Lloyd B. Hubbs, City Engineer By: Lucinda E. Hackett, Assistant Civil Engineer 3 �'. SUBJECT: Contract Change Order No. 1 for Engineering Design Services on the Grove Avenue Rehabilitation, Widening and Signal Modification for Alternate Alignment Evaluation ° Additional Engineering services are required to evaluate a, straight' ` alignment versus a curved alignment of Grove Avenue between Arrow Route .: and 9th Street. This evaluation will determine the economic and land acquisition impacts of the two alternatives on the Cities of Upland, , Rancho Cucamonga and property owners affected. The study shall consist of: j: 1. Prepare strip plans showing two alternate street alignments between 9th Street and Arrow Route. ' 2. Prepare cost comparison for original and two additional alignments. 3. Prepare written addendun to original report. 4. Field visit site and obtain photographs of struct,res to be affected by alternate alignments. e S. Present study results to City of Rancho Cucsmong City Council, Upland City Council and Public Hearing. n These design services are in addition to the original design agreement _ awarded to L.A Nainscott and Associates, Inc. of Grand Terrace on April 12, 1985. This contract change order increases the original contract price by $3,100.00. The contract fee, therefore, will increase from $13,100.00 to $16,200.00 and will be paid by the Systems Development ^, Fund. ° •Y ' yyt J . , y 4, I S i" I 23 f E .t' "' -3! ,. ` w� r `i.�rlii' +' � �, _ . ?� �..� � '.34'`:9�K. °^:` •iY'we. Date: August S. 1986 ` To: City Council and City Manager , Page: 2 ,y i RECONNENDATION: It is recommended that the City Council approve Contract Change Order No: 1 for additional Engineering Design Services on the Grove Avenue Rehabilitation, Widening and Signal Mod'fication for Alternate Alignment Evaluation by L. A. Walnscott for the additional fee of $3,100.00 to be drawn from the Systems Development Fund. Resp ctful ly subm � ,i .S 6 •' CITY OF RANCHO CUCAMONGA ENGINEERING SERVICES CONTRACT CHANCE ORDER SCdFiRA T Grove Avenue Rehabilitation Widening b Signal Modification Or er No.: 1 Aug,• :c 6, 1986 Date: —' tngineer You are hereby requested to comply with the following changes from the agreement for engineering •ervlces. MTSERUPWON OF CHUG—Er— E R 1 1. Prep" ton of two alternate street alignment in Contract Price In Contract Price betw,.en Ar•-+w Route and 9th Street. $1,200.00 2. Cost comparisons for (1) above to include right -of -way, structure acquisition t demolition, and street improvements $ 500.00 3. Written addendum to or19i,,0 Grove Avenue Alignment Study $ 200.00 4. Field vi,it and structure phatui -aphs t 200.00 5 City COunlil and Public Hearing nreseltatlons (3 total) $1,000.00 TOTAL $3,100.00 JUSTIFICAT R To expand the agreement scope of work to include alternate alignment evaluation and Improvement costs impacts along Grove Avenue between gth Street and Arrow Route The amount of the Contract will be (Decreased) (Increased) by the sum of: Three Thousand 3ne Hundred Dollars ($3,100.00 The Contract Total including this and previous rhange Orders will be: Sixteen Thousand Two Hundred Dollars ($16.200. The Contract period provided for completion will be (Increased)(Decreased) (Unchanged) Days This document will become a supplement to the Contract and all provisions will apply hereto. Requested: L yd H C ty Eng veer —mate Accepted: A�py _ %— zB.�i� - -��"ff Engineer at¢ Approved: Mayor, ty of Rancho uramonga ---re dated: April 18. 1985 y.- Bi c a� ( - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 gl eT Lw TO: City Council and City Manager �' FROM: Lloyd B. Hubbs, City Engineer BY: Lucinda E. Hackett, Assistant Civil Engineer SUBJECT: Approval of,a Common Use Agreement between the San Bernardino County Flood Control District and the City of Rancho Cucamonga for the Construction Operation and Maintenance of a Reinforced Concrete Box Culvert for Highland Avenun Across the Alta Loma Channel The attached subject agreeme, :etween the City and the San Bernardino County Flood Control District allows for the construction, operation and maintenance of a Reinforced Concrete Box Culvert for Highland Avenue acruss the Alta Loma Channel (said channel is the property of San Bernardino County Flood Control District). Said street and channel improvements will be constructed in conjunction .0th ti;r City's Capital improvement Project for the reconstruction %f Hight„nd Avenue from the Alt? Loma Channel to 600 feet East. RECOMMEMDAl19M: It is recoumended that the City Council adopt the attached resolutiun approving the Common Use Agreement between the San Bernardino County Flood Control District and the City of Rancho Cucamong). Respectfully submi ed. LBH :LEH:bc Attachments k�•�Tit.�FJ- .z'�1',:N,, _�t _.�L. ,. r,. S l., �ttt i, i inn+ R� GAN SERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT -IMAM 1 FOR DISTRICT USE ONLY Ln e,rnweNe Ceunry fwod Cwual opukt COnuxILmODN r100e epnpOlakpkt COnuat Napnxnutiw CenuvOr'•tk,nv N.rn_Yn` � t 1 eWM UNI N., eypppl,.t Hn. rnM NO. Iep H(1. ItNMUn, Of CenuKf 010 691 •• hei••t N,mx CONSENT TO CONNON nwM n•r men aw, e�x a +rnxn, a,x«ar, USE AGRF,EHENT - ALTA iAKA •empxx tti,rmoMr•m ., M1rmrnw [,twvu: +•enntmxe wmwnt rxN. STORM DRAIN AT ITGHT2 THIS CON79ACT is entered Into In the State of California by and between the San Bernardino County Ficod Control D!rtrict, hereafter called the District, and hereafter Called CITY IT IS HEREBY AGREED AS FOLLOWS: (Um+mrro below nd mld�dmal bond rhea S: forth mrrl r to be rendered, am t w br pud, mn , ofpc /anent dme lsr mr(ontrxa or compledon, drmrminedws of soddctorr perfpmlrnfe and caom for analnadsn, ethel m."s and .; cardldmx bad atprh pfnr, tpeUlicadna, ndadckr:di, nary.) W I T N E S S E T H I WHEREAS, CITY desires to effect, at CITI cost, the construction, ope ";.ion and maintenance of a new reinforced box culvert for Highland Avery across the Alta Leans Channel which operation and maintenance will necessitate CITY'S use of certain right' -of -way for roe& purposes therefore and WHEREAS, said rlghta- of-way will occupy, in part, portions of the DISTRICT owned lands, hereinafter called "DISTRICT LANDS "; and WHEREAS, CITY desires to Construct, operate and maintain said new reinforced box culvert and appurtenances vithin DISTRICT LANDS and within adjoining CITI, owned lands, which DISTRICT and CITY lands are hereinafter referred to as °AREAS OF COMMON USE ", which AREAS OF CC11NC{I USE are desorlhed on attached "Exhibit A. 1 and shown on attached plat map marked "Exhibit R "= and WHEREAS, DISTRICT desires to preserve, maintain, construct and operate flood control and water conservation works within and across sold AREAS OF COMON'i1SEi ire N �i ,{t td Ir _Xr FA18601 Iv e ,y f, t• r' Fy r 7� Y NOM, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS; I. DISTRICT hereby consents to 6ITY'S construction, reconstruction, maintenance and operation of a' reinforced box culvert and :appurtensnees thereto, at CITY'S expense within the AREAS OF COMMON USE and to 811ow.CITY and the traveling public to occupy and use sold AREA OF COMMOIJ USE for street and highway purposes; provided, however, that no such construction, reconstructlon, maintenance, operation, occupancy, or use shall be effected by CITY, its successors, or assigns, in any manner which may interfere or conflict with any 3truetu ^.4, facilities operations or uses which DISTRICT hn3 or intends to have upon said lands. CITY shall submit couplete plena of' such occupancy or use to DISTRICT'S Flood Control Engineer at bast '30 days prior to the date of such intended occupancy 2r use and obtain his written approval therefor, which approval aball not be withheld, if in the`opinlon of the Flood Control Engineer, the rroposal does not interfere or conflict with the DISTRICT'S interests. CITY, its acacessors and •aslgns shall assume full rusponsiJility for the opuration and maintenance of the reinforced box culvert and roadway facilities (including all roadway culverts, pipes and those portions of the reinforced box culvert structure, Including apyroaches, sidewalks and other appurtenant works, located above the bcetoa plane of the reinforced box culvert seats or soffit of deck structure, whichever is lowest). 2. CITY acknowledges DTSTRICT'S right to AREAS OF COOION USE and the priority of DISTRICT'S right within DISTRICT LAND° DISTRICT has and reserves' the right to use AREA OF COMMON USE in any tanner not In conflict with C1TY'3 needs for the proposed Improved public roadway, wittout necea3lty for any further permit or permission from :TTY. Exce ?t in emergencies, CITY shall give reasonable notice to DISTRICT before performLne say work on CITT.'S facilities i_ said AREAS OF COMMON USE, where such work will be performed within channel or levee areas, or which said work will In any way alter or obstruct the flow of or potential flow of waters within said flood control and water conservation works. a�7 b 1 t .I Page 2 of 3 FA1D601 x• .•r -iJV„ if :. s THIS 4GREEHEUT sh.,1 Inure to the benefit of and be bin.•ang upon the successors end ass /gna of both parties. Sh% eE MA RDINO COUNTY FLOOD CONTROL DISTRICT Chtirman, Board of Supervisors Dated ATTESTED: b CITY OF RANCHO CUCAMHGA r 7aa JewD�aa.samw.r.rtl c 9y ► fArMatflNSp„IUnI Dated Title _ Address 9320 Base Line Rood, Rancho _Cutomoeca.. IbNwrtl lu lVO[HMe f tY1 AP•IiV ACTMIN,IV /CAC 4 U.i{{ a.M1 ii FA10601 3. CITY hereby oonsentc to the uonstrLwtion reconstruction, maintenance, ' operatipf or use by DISTRICT, Its centrao•,ors, agents and employees, of flood control and water conservation fact s•ies, and appOrtenanccs thereto ` under, over, upon and along said AREAS OF COOM USE, upon and subject to the terms and cotdltions herein contained. 4. CITY shall indemnify, defend and hold the DISTRICT, the County of San Fernardine, and all officers, employees, and agents of said public bodies free . and harmless from any and every 0aim, demand or notion for damages, or, Injury to any person or persons or property of any kind whatsoever'. and shall assume any cost or expense in connection therewith which may arise out of or result from the CITY'S occupation and activities within AREA CF COMMON LSE, S. DISTRICT s'.all, except In emeeganoies, give reasonable notice to CITY bsfora pe ^forming any work which may affect CITY'S facilities in said AREA OF COMHON USE. THIS 4GREEHEUT sh.,1 Inure to the benefit of and be bin.•ang upon the successors end ass /gna of both parties. Sh% eE MA RDINO COUNTY FLOOD CONTROL DISTRICT Chtirman, Board of Supervisors Dated ATTESTED: b CITY OF RANCHO CUCAMHGA r 7aa JewD�aa.samw.r.rtl c 9y ► fArMatflNSp„IUnI Dated Title _ Address 9320 Base Line Rood, Rancho _Cutomoeca.. IbNwrtl lu lVO[HMe f tY1 AP•IiV ACTMIN,IV /CAC 4 U.i{{ a.M1 ii FA10601 n 'r ;L a EXHIBIT A" - "PARCEL A" The Southerly 70 feet of that portion of Lot "G ", Forthill Frontless Fruit Coapary's Tract No, 2, as per plat recorded In Book 20 of Maps, page 34, Records of San Bernardino County, described in document recorded November 17, 1980, as In3truaent No. 80- 262105. ' t "PARCEL B° That portion of a part of the Northwest quarter of Section 35, Township 1 North, Range 7 West, Son Bernardino Meridian, said part descrSbed in document rrtorded in Book 1013, page 1, Official Reoords of San Bernardino County, said portion being all of said part lying within a 65-foot wide strip of land the NJrtherly U lino of 3816 strip being the centerline of Highland Avenue (60 feet wide'. r J: d r n• J it I J Y. {I 11:' <399 d aw, �i • w�>;tii5�t�3 loy IT L40-1 I HIGi ND I. 4e A 'ALTA LOMk -Uv: p a 'CI RESOLUTION N0.- E03-"- V ! A RESOLUTION OF THE CITY COUNCII OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A COMMON USE AGREEMENT FROM SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND AUTHORIZING THE HAYOR AND CITY CLERK TO SIGN SAME WHEREAS, the City Council of the City of Rancho Cucamonga desires to establish requirements for construction of a reinforced concrete box culvert across the Alta Loma Channel In conjunction with the Highland Avenue Reconstruction Project. WHEREAS, City desires to" construct, operate and maintain said reinforced box culvert and appurtenances within District owned lands and within adjoining City owned lands. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does a:cept said Comaon Use Agreement and • authorizes the Mayor and the City Clerk to sign same. a >4 Al �i t i . 0 i y�. I MY OF RANCHO CLIOAMONGA r STAFF REPORT 0T1%.' MIS Later Augrat 6, 1966 Tas City Council and city Munger rsr Front Dill Holley, Director, Ooranity Services Department pys pave Leotard, park Project Coordinator Subject: Approval to authorire. payment of $34,359.84 to Cucamonga County linter District to annex Henrraa Park into the sewer and vater service system. Hide for Lhrmosa Park Develop:ent are currently under solicitation with cawtruction stiadaled for early September. To provide water and'sarar services to the aitet corurection fees must be paid to Cuaeaxrgr (aunty alter Dretrict. The we tier fee, to connect to tha mysten, is $36;3 °9.84 ver the attached rchedule. The fee must be paid before the Park bvelopment can commsw. . { , ?s �endrtion: 1 ' :-ity Council authorise the payment of $36,359.81 to QXMI"ga County MAtrz' . ( V- strict to provide sews and veter oervice to the Hormosi Park cite. MY. V S �1� ti s. 1, y�6RMo5A Q..e✓ - . k�Atae GaxVe 3 In 'Stlf6L FYycT.�6 tJNiTT 30 '4 S 2 4i Q41 x o. ot,3 : �- e'S3 SEO,3 _ 0-74(.'19 f cnr roc�� ns �voe = ZSB3x�95o` - 2453.95 $•hts.s4- 4t w _ I7 FlJ /OU 2? I`v/A7 I.SZ We0o VAmevnc. Ac, x(0.7 = 64,,Gb VJCOO LZ,,josc/,re 58.2c� Wens F+rix. °+l-7t'1.00 3a3 .y • 4�}~Y - 4 v is I oi c CYCAMMYA CWNn WA" DEVELOPMAT COST SHEET DEVELOPER'S DATES 01E_ INV, B NAMES ("W OF 9040 U. AMOy 1 TRACT/PARCEL HAP N0,! PK_ IS ADDAESSt �D�i ws Dom' COMMERCIAL: INDUSTRIALS CA LOCATIONS 5EE. flea is A Un.A,ue.1 NOME: 1.24 ) 499.7058 94� LOTSI __ THRU _- TOTALS ENOIMEERI 111+ P, 94216 4 &%S2a, SITE GROSS ACRES 21a, BLOG.SI2`E (TM) WORK ORDER NO,: I COST BREAIMMill 1. PLAN CHECK FEETt Y. INSPECTION FEESt t. WATER: S WATER: S SEWER: S40 SEWER: S 6Z'- _ _ SEWER MAN1%)LCSI S 3. CONSTRUCTION WATER V05 -C- 007YLACYurt.s FI SD/WS. thaw rV GRADING METER DEPOSIT. Y/fYY..oO HYDRANT PERMIT COPT ) PAID: ELECTRIC TRENCH .. ... $0,07 % LINEAL FEET s $ — _ GAS TRENCH ..... $0 07 X — LINGL FEET • $ — SEVER TRENCH .. $0 12 x X40 LINEAL FEET a Sdo.9p i STORM DRAIN .. .,, SO 12 X Aa5 LINEAL FEET s $57.00 T•V . ... .. ... .. SO 07 % -- LINEAL FEET c $ TELEPHONE TRENCH $0.07 % — LINEAL FEET a $T__ WATER TRENCH ... .. $O OT % LINEAL FEET >• $ — ON- SITE /LOT OR ACRE $ % LOTS /ACRES a S, 2 4. NITER HETERSI 1 DOMESTIC LANDSCAPE I, SIZE QUAINT I T I 1 l CCOST /METER �'IOOTA TOTAL: � la?? d 1.1750- S. JUMPERSI QUANTITY• SIZE• I, .. COST /JVMPCR SS 00 a� 6, ANNEXATION TO IMPROVEMENT OISTR.CT 110. 1963 -17 5200.00 1ACRE OR PORTICN TNCAEOP % — ACRE: a S_ .T:'�:'_,. 36V n _ � va T-- , s dv 7. 'WATER CON"FE-1 . ` 'Y •`:."�;: ECG T1 .•s� Tf. �+ { GROSS DWELLING ACREAGE • OL (RC) UNITS ) ' C'N) DENSITY ��COV /AC) WF�p�p. TIER CONMERC •AL: CUSS 1, if, 111 N DI /'S 1 RlU9TX IAL: /ACRE —� ACRES —� ReSIOENT1ALJ D'1 /ACRE _ I,C•j, LANDSCAPE' A= a[ae5 4EOU /DU 6 1 .� WCDV /AC C4. GB Qcll � NEDU'S) $545 /WEOU a f gl -LiS�_ TOTAL 8, SEER CONNECTION ...... . ��EEi CRO-S ACREAGE 9.0!• (AC) UNITSING COU) DENSITY SEDU RATING COMMERCIAL CPER ORD. 32 TABLE 1.) hl /VM O.O YSo S DUDU'S INDUSTRIAL: (PER ORD 32 T ABLE 1) a -� RESIDENTIAL: OU � -5 eq� SCOV /DU 85, SEOU'S) 5293 /SEDU m —� f vo L99 TOTAL 9, SEl1E7 FACILITIES F ❑ RESIDENTIAL; ❑ COMMERCIAL: SPEOU 4.5830 X 5930 /SFEDU • 5'2A6� ❑ INDUSTRIAL; OAS DETERMINED 'RON EXHIBIT "A" OF SEWER ORDINANCE 10, SERER CLEANING /INSPECTIONt 2)C /LIH FT. K LIN. PT *CS So 00 N111.) 11. I.HLORIe —E $�µlp�-1 =G• 523.00 /SAMPLE X SAMPLES m 3"� Cl SAMPLE PER 1700 FEET OF PIPE) --�- 12. OriER: SUMMARY I PLAN CHECK .... $,I,�— •x.+ 2 1NSP EC7108 ..., 2. f�Z OO WEDU'S ... I......... 31.i 19.00 7. CONSTRUCTION •, —�-. B f�f878o SEDU'S , " " "'•' �. ♦. METERS ........ f---_ SFEDU'S ............ 3 JUMPERS ...... ' !0 f-W�o SEWER CLEANING f • • • —•— =_� 6 ANNEXATION .... 11 f �- CHLORINE SAMPLING „ f •— �7, j' ,• --�.� 12 OTHER ............... Ry P.INrN Dpl chA l6 RFr roraG A CITY OF RANCHO CUCAMONGA STAFF REPORT Date, August 6, 1986 Toe City Council and City Manager Fromm Bill Holley, Com utity Services Director Subject, Approval to award to United Computer Systems, Inc., a purchase agreement for information management system services, equipment and programs in the amount of $62,922.13. Additionally, authorise the Community Services Department to enter into a service agreement with same for maintenance and support of equipment and programs. To be funded as approved in current Program of Services budget from the Recreation Firvices Fund. (City Council Agenda, August 3, 1986. The Backgrounds The succu.s of our Recreation Services program n Rai ncho Cucamonga can be attributed primarily to two things .. first, the creative and involved Recreation Supervisors who design and manage the various recreation programs .. and second, the hard working and dedicated individuals of the Information Management Section of Community Services who handle thousande upon thousands of requests and registrations in a very short and demanding time period. It is the critical task of the latter, that is the processing of our citizens' requests, in a most timely efficient manner, that this report addresses. Our City's Recreation Service was one of the first in the Nation to bring micro computer technology into applicatlnp as a municipal recreation management tool in 1980 . reducing required personnel costs while at the same time, increasing client convenience and giving us an "exact- and •accurate• measure of demand not before possible. Currently, we operate a Vector Graphics Micro Computer System. It was as advanced as any micro on the market ... in 1980. Enter IBM into the Micro Computer market in 1982. I Exit most smaller companies into oblivion .. including Vector Graphics, which went out of business in 1985. They simply could not compete with the technological dominance of the 'supor- heavyweights', ICM, ATST and NCR, who wore entering into a the Micro Computer market. How does that, the fact that Vector Graphite no longer exists, affect us? The answers are quite simple ... computers e.nd printers are 3o�j r machines and machines wear out vd break. ouzo axe breaking down • more and more froquentl- from the constant heavy use and becoming harder and harder to repair properly. Parts are not readily available and service technicians, familiar with and desirous of working on Vectors, arse rare. Further, the operating system for the Vector is unique unto itself as were many of the caVanies in the late 70's and early 801s. What this moans is programs are no longer being developed for Vector Graphic applications. And lastly in this vein, we can no longer expand this system ,nor should we even want to, due to its obsolescence. we are now operating the Vector at its limits. The Recreation Services Group is not, however, at their limits. In late 1981, seeing the proverbial handwriting on the wall, we began planning for a change ever to a system which will enable us to maintain and even increase our service capabilities to our client. In the program of services, which Council approved in June, this item was included as a program under the Recreation Services i� fund. As you recall, that; io the fund generated by the program users themselves to provide the cost of instructors, awards, facility improvements and support equipment, such an the information processing equipment currently in use and those which are proposed in the following. No General Funds are involved. Th Proposals Several items have been considered as prerequisite T62-- any new system involved: 1. The product must be from one of the 'super - heavyweights' • previo,•ly mentioned... IBM, AT &T, NCR, or the like. Reason_ :or this judgement: They are not likely to go out of business, as Vector did, leaving us without a company to stand behind their ; product. B. They use 'coumaon' or 'standard' operating systems, i.e. MS -DOS UNIX, opens up now options with regards to 'off- tho- ohelf' programs, versus more expensive, unproven custom software. , SS 2. The selected product muvt Fit into the long range plans of p- the City as a whale for interdep- rtmental networking and file sharing. ;• For example, the Go Napping from C v unity Development, will •• •�: provide useful information to the Ruk Derlgn Grasp %hen deaigehlrel a path. Or the up- to- the•o.nuto ledger from finance din reviewing expm&tures and park fee revenxs. Au these are only a ver few of the interdepartmental uass. To insure this, a feature of the prop -sad system is the inonrporation of IBR PC -AT's as the interdepartmental 'coamunlcatlurh' links. IBM PC -A+ "■ are already in place within Administrativa services, the Planning Division, Aedevelc omit, the Revenue Assessment Office, and will provide the basis for that ultimate City -vide integration. Additionally, we have archon extensively with other department about theix plan to insure that we are all working together tawaras this comon goal. 3. The product must, of course handle the Recreation System in a multi -user fashion. FH solicited extensively for proposals, through a vary elaborate PPP, and received three responses proposing equipment from each of the previously sartion makers, plus awnufecbuers of a more minor nature. In making the determination as to she rec,comendatlon, we held meetings with our own staff for review, traveled to Los Angeles and Cypress for demonstrations and to visit the offices of the proposers, and held half -a-dozen fat -to -face meetings with United Computer Systems, 3bc., to insure mutual clarity of Mat we wanted to do and how they were ping �o make that possihle. The Reeoomadation: It is reamteded that the 00102131ity Services Department put e'�c a e from United C oputer Systems the information processing system, described in detail a three rind binder proposal on file at the Community Servion Depart=ent. Briefly described, the system consists of an bill super-micro cmputar with minIlesa terminals, integrated with the nN PC-AT's, which will function with the NM and carry communication ultimately to other City departments. Additionally we are looking to !apron our efficiency and reduce our cost in preparing the Grapevine for printing. We can accomplish this now with the addition of other software and hardware integrated with the H Rt'm Central Processing Unit (CPO). The hardware and software coats are $62,922.13, including tax. Budgeted amount undar 13- 4563 -7044 is $63,500. The installation and maintenance costs are $10,887.50 budgeted under account 13 -4563 -3900, at $18,000. The *one tine' training and special support servioe, costs are $7,560 budgeted u her account 13- 4563-6020, at $8.000. — V SO `,. It in staff recommendation that Cuuncil authorise the propm as des=ib&d above. Thank you for your coodharetion. If further infaccatim is required, plauge advise. P.S. This in being pzinW on a borrowed printer as curs has been broken for the last two weeks. 71 .Ilk ff., FIM t. y r stir Y CITY OF RANCHO CUCAMONGA STAFF REPORT DATE August 6, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Debra Meier, Assistant Planner SUBJECT: APPROVAL OF AGREEMENT BETWEEN MAURY MICROVIVE CORPORATION MU THE CITY OF RAMCM E;UCAMONGA- AS--K—UURDTTrMr—W BACKGROUND: l,t its regular meeting of July 9, 1986, the Planning oamon hely a public hearing to consider Conditional Use Permit 86-13. Based uoon that review and input from the public, the Planning Commission determined that the proposed use of temporary offict modules is consistent with the City's General Plan and current Development Code, subject to all crndtions of approval. Attached for your review and consideration is the Planning Commission staff report whict outlines the issues. The condition to execute the attached agreement was at the request of the Planning Commission. Attached are Minutes of the July 9, 1986 meeting as well as a copy of the Comission's Resolution with conditions. RECOMMENDATION: It is recommended that the City Council approve and au or I agreement as signed by the City Manager on behalf of the City of Rancho Cucamonga. Rem fully led, �' I Brad Buller City Planner 88:r,M:,ir Attachments: AgreeLlent Planning Commission Staff Report Planning Cottuission Resolution of Approval with ronditions Jul., 9, 1986 planning Commission Minute; ILI ..w:, KT; J1, h 1 4.14 T AGREEMENT This Agreement is made and entored into by and between CITY OF RAp;HO CUCAMONGA Mill' hereinafter) and 3AURY MICROWAVE CORPORATION, a California corporation (nOEVELOPER' hereinafter). WIINESSETd - -- -- - - --- A. Recitals. e - ' , (i) The DEVELOPER is • ner of that certain real property within the CITY hereinafter referred to as the "subject property" and described as follows North 140 feet of the east 312 feet of the west 672 feet of the south 1/2 of t;,e northwest 1/4 of the southeast 1/4 of Section 10, Township 1 south range 7 west - mrr:urement float the center line of Hellman Avenue - Assessir's Parcel No. 209 -07.7. 10." (ii) The subject property 1s currently improved with An existing 10,000 square foot office /industrial facility. It is the intentfan of the DEVELOPER to expand their facilities in a two phase process incorpl.rating r adjacent properties currently uwned by the DEVELOPER. This expansion is scheduled to take place over Elie next five years with Phase 1 sc'ieduled for completion within two (2) years. Pending t'te completion of nfs planned expansion, the DEVELOPER requires additional o'fi :i - -; --Z& on the subject .e rt property. To meet this need, the DEVELOPER submltten an application to authorize the placement of four (4) temporary office trailers on the subject j property. (111) On July 9, 1986, the Fian•4119 Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application of the, y� +tea . vk �M IA . \l�Y.es�.. �+•' +�1i''�y','X.1��f'. «y ^. •, ��1`i�•a pr+ e i �1 DEVELOPER and, upon conclusion of said public hearing, adopted their Resolution No. 86 -95, thereby approving Conditional Usa Permit No. e6 -I3 to allow the placement of four (4) temporary office trailers on the •subJ?ct property (1v) Condition No. 2 of Section 3 to said Resolution No. 86 -95 provided as follows: `The temporary office trailers Mil be permitted until such time as Phase I is completed or two years, whichever comes first. Prior to the installation and occupancy of any trailers approved nerein, the applicant shall execute and record an agreement, in a form satisfactory to the City Attorney, to provide for the removal of the temporary trailers B. Agreement. NON, THEREFORE, the CITY and the DEYEL07ER do hereby agree as follows: Section 1. Authorization. Upon the execution and recordation of this Agreerient, the r 'ELOPER may install and occupy the temporary trailers on the subiect property in accordance with toe terms of Resolution No. 86 -JS and this Agreement. Section 2. Tenn and Termination. 7 The term of the privilege to maintain and occupy said four (4) ' temporary trailers on the subject property shall be governed by the terms of •' Condition No. 2 of Section 30f Resolution No. 86 -95 Upan the conclusion of the tens as referenced in Resolution No. 86 -95 and herein., the DEVELOPER -2- 3/� ■ �I P' _y x shall, without prior notice from the CI'Y and at DEVELOPER's sole cost and expense, i,e,ediately remove all temior +-y office trailers from the subject property and all adjacent property thel owned by the DEVELOPER. This Agreement shall terminate and be of no further force and effect upon permanent removal of all trailers from the subject property, or adjacent property owned by the DEVELOPER, regaryless of whether this removal occurs prior to or after the conclusion of the authorized term herein. Section 3. Default and Enforcement. If the DEVELOPER defaults in the performance or observance of any port +on of this Agreement, and if any such default remains uncured for a Peric, of ten (10) days after notice to tie DEVELOPER, the CITY may bring any action or proceeding at law or in equity to require the DEVELOPER to perform its ooligations under the terms of this Agreement. The remedies proscribed ,f herein shall be cumulative and the use of any one tr more of such remedies by the CITY shall not bar the use of any other remedy available to the CITY for , the purpose of enforcing the provisions of this Agreement or said Resolution No. 8G -9s. In the event that CITY brings an action or proceeding to enforce the provisfons of this Agreement, the CITY shall recover from the DEVELOPER, as part of a successful judgment, any and all costs and attorneys' fees as deemed i reasonable by the Conrt. 'e No delay in the enforcement of the provisions hereof as to any i default in performance shall impair, damage or waive the right of CITY to i enforce the same at any later time. Section 4. Covenants to Run Vith the Land. ` The DEVELOPER hereby rlbjects the property described herein to the i, covenants and restrictions as set forth in this Agreement. The CITY a.4d -the 3/3 "' I DEVELOPER hereby declare their specific intent that the covenants and restrictions as set forth herein shall be deemed during the term of this Agreement to be covenants running with the land and shall pass to and be binding upon the 0,^7ELOPER's successors and assigns in title or interest to the subject property. CITY and DEVELOPER hereby declare their understanding and intent that the benefit and burden of the covenants and restrictions as set forth herein touch and concern the subject property in that the DEVELOPER's legal interest is rendered less valuable while the benertt 1s enjoyed by the general public by furthering the public purposes for which the development stard+.rds of the City of Rancho Cucamonga have been adopted. Each and every contract, deed or instrument executed during the tern of this Agreement which purports to cover or convey the subject property shall be conclusively held to have been executed, delivered and accepted subject to the covenants and restrictions expressed in this Agreement, regardless of whether such covenants and restrictions are set forth in such contract, deed or other instrument. Oectfon 5. Recording end Ftlind. As a specific condition prior to the installation and occupancy of the temporary trailers, the DEVELOPER shall cause this Agreement and arty amendments or supplements thereto) to be recorded and filed in conjunction with the subject property to the office of the County Recorder, County of San Be- ndrdfno. The DEVELOPER shall pal" all .aces and charges incurred in connection with such recording and filing. Additionally, the DEVELOPER shall provide to the CITY a conformed copy of this Agreement as recorded prior to .' the installation and occupancy of the temporary trailers. -t pis wi. t+ TP -4- 0 I i d V 1' i Section 6. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address •s may be later specified by the parties hereto: To DEVELOPER: Maury.Microwave Corporation 8610 Nelms Avenue Rancho Cucamonga, California 91730 Attention: Marto A. Maury, Jr., President To CITY: City of Rancho Cucamonga 9320 Base Line, Suite C P.O. Box 807 Rancho Cucamonga, California 91730 Attention: City planner Section 7. Extension. The term of this Agreement may be extended only following the approval of an amendment to said Resolution No. 86-95. DEVELOPER specifically understands that the privileges granted on approval of said Resolution No. 86-95 were based on the specific representation of the DEVELOPER that the DEVELOPER would not seek an extension of time Lo maintain said trailers beyond that granted in said Resolution 86- 95. Accordingly, DEVELOPER hereby specifically covenants that it will not seek to modify said Resolution No. 86-95 to allow an extension of the Lena of its approval absent specific evidence of substantial hsrdshlp. Section 8, Laendaents. This Agreement may be amended only by a written instrucent executed by the parties hereto. .. .. ;. 5.35 aaaaaaaaaa�� arm�aaai� NEW i� fJy�d Y;Y,y ,'f• ,■ t IN WITNESS WHEREOF, the CITY and the DEVELOPER have executed this Agreement as of the dates set opposite their signatures. Dated: 30 • Dates: S1ATE OF CALIFORNIA ) ) ss_ COI;M OF SAN BERNARDINO CITY OF RANT CUCAMONGA uren Wasserman, City nanager DEVELOPER By: 1WRlll�t�r %� ar o A. moury, Jr /. res en Maury Microwave Corporation On this 30f` day of , 1986, before me, the ta undersigned, a Nory u c in and or sa u e, personally appeared LAUREN WASSERMAN, known to me to be the City Manager of the City of Rancho Cucamonga, a municipal corporation, and said person is know to me to be the person who executed the within instrument on behalf of the City of Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamonga executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA ) )ss. COUM OF SAN BERNARDINO ) 4Prffi,Fu&.fi-A--.0aWU.rLPM:a State On this 30th day of Tuiy , 1986, before, me, the undersigned, a No ary u c 1n and for sa e, personally appeared MARIO A. Maury, JR., know to me to be the President of the corporation that executed the within Instrument and known to me to ba the person who executed the within Instrument on behc)f of the corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS ary hand and official seal. THfUfA LU CI- Dr NOBRELL 0 ary u c n an Oa�S e No Olt'" Thal= Lu Cindy ,�� ro:.aa ornttw Y Norrall, ate of Caldfotalu XIMo caum[ea.rtr OFFICIAL SEAL II JANICE f REYNOLDS NOTMYDUWC•GWr0ap4 L�J ,Zii ' �y Ill a[9MtDIaO Wm 4Y ma w'�n Wt 17. lltl STATE OF CALIFORNIA ) )ss. COUM OF SAN BERNARDINO ) 4Prffi,Fu&.fi-A--.0aWU.rLPM:a State On this 30th day of Tuiy , 1986, before, me, the undersigned, a No ary u c 1n and for sa e, personally appeared MARIO A. Maury, JR., know to me to be the President of the corporation that executed the within Instrument and known to me to ba the person who executed the within Instrument on behc)f of the corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS ary hand and official seal. THfUfA LU CI- Dr NOBRELL 0 ary u c n an Oa�S e No Olt'" Thal= Lu Cindy ,�� ro:.aa ornttw Y Norrall, ate of Caldfotalu XIMo caum[ea.rtr RESOLUTION NO. 86 -95 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PEPoIIT No. 86-13 FOR TEMPORARY OFFICE TRAILERS LOCATED AT Lmlo HELMS AVENUE IN THE GENERAL INDUSTRIAL DISTRICT WHEREAS, on the 10th day of June, 1986, a complete application was filed by Maury Microwave Cmryoration for review of the above - described project; and WHEREAS, on the 9th day of July, 1966, the Rancho Cucamonga Planning Commission held a public hearing to consider the above - described project. follows: MOW, THEREFORE, the Rancho Cucamongd Planning Commission resolved as SECTION 1: That the following findings can be met: I. That the proposed use is in accord with the General ' Plan, Industrial Specific Plan, the objectives of != the Development Code, and the purposes of the s ` district in which the site is located. 2. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the PU Injurious hsealth, safety, or welfare, or materially vicinity. properties or improvements in the 3. That the proposed use complies with each Of the applicable provisions of the Development Code. SECTION 2: That this project will not create adverse impacts on the environmenE an at a Negative Declaration is issued on July 9, 1986. SECTION 3: That Conditional Use Permit No. 8'i-13 1s approved ,i subject to e e owing conditions: I The applicant shall submt•: a Development Review application for Phase I expansion of existing racility to .he Planning Division within 12 months of approval of this Conditional Use Permit, 2. The temporcr; I!Ifice trailers will be permitted until such Lima as Phase I is completed or two years, whichever comes first. This conditional shall be formalized by an agreement drafted to the satisfaction of the City Attorney and executed' prior to the installation of the additional trailer. 3. Provide skirting around base of trailers to screen temporary 4-Y' foundation supports and screen all utility equipment. ; <, t e PLANNING COMIYISSIOH PC W-ION N0. •• y� qt:� f {!1 CUP 86-13 - HAURY MICRui(AVE C •, , July 9, 1986 Page 2`•, r 4 The applicant shall comply with all Uniform Building Codes and State , Fire Marshall regulations and obtain any necessary permits for the installation and electrical connections for the trailers. 5 Provide a revised site plan eliminating the proposed trailer at the northeast corner and indicate 21 -foot clear access along south and west sides of existing building to satisfaction of City Planner and, Foothill Fire District. APPROVED AND ADOPTED THIS 9TH DAY OF JULY, 1986. PLA111tIIC� COIR•IISSION OF THE CITY OF RANCHO CUCAMONGA , � 1 n— _ BY- I. Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on t ".e 9th day of July, 1986, by the following vote -to -wit: AYES: COMMISSIONERS: WMER, CHIT:EA MCNIEL, REMPEL, STOUT NOES: COMMISSIONERS: N0;!E ABSENT: COMMISSIONERS: NONE ��t v f • t -. �/ � T V •' YY �� f F �• f 1 PROJECT AND SITE KSCRIPTION: A. Action Request�ed- Approval of a Conditional Use Permit and sssuanCe 3r-a Negative Declaration. 8. Surroundinq Land Use and Zoning: ort - niustr a ; _u area Industrial Specific Plan. South - Industrial; Subarea 3, Industrial Specific elan. East - Industrial; Subarea 3, Industrial Specific Plan. West - vacant Land; Subarea 3, Industrial Specific Plan. C. General Plan Desi rrations: ro e - enera .n ustrial, ct to North - General Industrial. Sohth - General Industrial. East - General Industrial. West - General Industrial. D. Site Characteristics: Th e a presently contains a 10,000 square at t -up concrete ;us t trial plant and both asphalt and gravel parking areas. Curb and Gutter and some parkway landscaping are existing along the Helms Avenue frontage. E. Applicable Regulations: The use of temporary structures, such as ra ors or use as interim offices, may be considered in any district subject to the approval of a Conditional Use Permit and regulations of Section 17.10.030 F-4 of the Development Code. �•t r ! '? /� ITEM H I , u MONGA ' J CITY OF RANCHO CUCf ai ' . STAFF REPORT ��, : a DATE: July 9, 1986 ;sn TO: Chairman and Members of the Planning Comnissien FROM: Brad Buller, City Planner BY: Debra Meier, Assistant Planner .V SUBJECT: ERVIRONMENTAI ASSESSMENT A11D CONDITIONAL USE PERMIT 86 -13 - HFUR? —MICR request to utilize five emporary • o7F ce tra ei rs on a site containing an existing 10,000 square foot industrial facility on 1.0 acre of land in the General Industrial District (Subarea 3) located at 8610 Helms Avenue - APN 209- 022 -10. 1 PROJECT AND SITE KSCRIPTION: A. Action Request�ed- Approval of a Conditional Use Permit and sssuanCe 3r-a Negative Declaration. 8. Surroundinq Land Use and Zoning: ort - niustr a ; _u area Industrial Specific Plan. South - Industrial; Subarea 3, Industrial Specific elan. East - Industrial; Subarea 3, Industrial Specific Plan. West - vacant Land; Subarea 3, Industrial Specific Plan. C. General Plan Desi rrations: ro e - enera .n ustrial, ct to North - General Industrial. Sohth - General Industrial. East - General Industrial. West - General Industrial. D. Site Characteristics: Th e a presently contains a 10,000 square at t -up concrete ;us t trial plant and both asphalt and gravel parking areas. Curb and Gutter and some parkway landscaping are existing along the Helms Avenue frontage. E. Applicable Regulations: The use of temporary structures, such as ra ors or use as interim offices, may be considered in any district subject to the approval of a Conditional Use Permit and regulations of Section 17.10.030 F-4 of the Development Code. �•t r ! '? /� ITEM H I , u V. PLANNING COMMISSION y/- E REPORT i CUP 86 -13 - MAURY MICROWAVE ' July 9, 1986 Page 2 • II. ANALYSIS: A. General: This item resulted from code enforcement for the t r— existing trailers located on the property without proper ' permits. Maury Microwave has been in this location since 7969. In recent years, their volume of production has doubled and they find the existing 10,000 square foot facility inadequate to serve present and future n^eds. They own four acres of land, including and adjacent to the existing facility, that they plan to fully develop in a two phase expansion ' .. process over the next five years. Phase Die will involve the -. two acres along Nelms Avenue and will rn,large the present facility from 10,000 square feet to 40,=.' saure feet. They , ° request the use of the temporary office trailers antil Phase Ora is complete. Completion is anticipated within two years. - The biggest concern in the interim will be the provision oi. • adequate on -site parking. Maury presently enploys87 persons on _ the daytime shift. Once the temporary trailers are in place approxirately 84 parking spaces will be available on existing gravel parking areas. In August, 20 employees will relocate to a locally leased annex facility, which will bring the daytime parking demand down to 67. They do anticipate, however, that over the next 18 months it will be necessary to add 10 -15 - - additional employees. Prior to completion of Phase One, daytime e- oloyees could number as many as 82. The approval of temporary office modules normally requires all necessary street improvements, grading, drainage facilities and •• landscaping. In this case, such site improvements may not be practical until formal development an! construction of the new ' expanded facility. Specifically because full development of this site may require undergrounding of existing utilities and additional street setbacks that would be difficult to achieve " during the Interim period. -" - It is staff's recommendation that development plans for Phase One be submitted to the Planning Division within 12 months of ' approving this Conditional Use Permit. The temporary offices would be permitted to remain until the expanded facility is ready for occupancy or two years, whichever is first. B. Environmental Assessment: Part i of the Initial Study has been completed y e applicant. Staff has ce vleted the Environmental Checklist and found no significant,envlrcnmental : 12 impacts related to the use of the temporary office modules.. It ,. is recommended that a Negative Declaration be issued. 3a'o •. V I !, w i . PI- MNI1,'G C0141ISSION } F REPORT. { CUP 06 -13 - MAURY AICROMAVE July 9, 1586 Page 3 III. FACTS FOP - INDINPS• The proposed use of temporary office modules Ts cow sisten H $i the General Plan and Industrial Spectfi Plan. The proposed use, together with the recommended Conditions of Approval, will not be detrimental to the public health, safety or welfare, or materially Injurious to properties or improvements• in the area. The proposed use complies with all applicable provisions of the Development Code. IV. CORRESPONDENCE: This item has been advertised as a public hearing efF -6ai1— a ort newspaper, the property posted and notices sent to a property owners within 300 feet of the project. , V. RECOMMENDATION: Staff recoaraends that the Planning Commission approve o-Ft onal Use Permit 86 -13, through adoption of the attached Resolution and,Conditions of Approval. 4Rctrull, s mlul er City Planner BB:DM :ko Attachments: Applicant's Letter Exhibit •A• - Location Map Exhibit "B' - Site Plan Exhibit •C• - Master Plan of Development Resolution of Approval with Conditions tea_ JY 'f 4 y t its - FTGATR86 -01 ' .,0 ,v MAURY MICROWAVE HE AV FQ P O F-2 A T I O N 6810 HELMS AVE • CUCAMONGA CALIFORNIA 91730 I TEL (714) 6874715 • TM 016.781J408 June 10, 1986 r' Planning Commiasion The City of Poncho Cucamonga P 0 Box 807 Rancho Cucamonga, CA 91730 Subject: Conditional Use Permit for Temporary Trailers Gentlemen, HNC has been located at 3610 Ilelms Avenue, Rancho Cucamonga since 196 1969 Induction a 10,000 sq ft. tilt up cement building. In the last two yearn, p volume has doubled and our employees Sncroaaed from 55 to 98 I1 order to Been mmodate this growth, we have found it naceosary to operate a second shift, lease additional facilities, install temporary trailers and secure additional raw land to provide for current and future plant expansion. Due to the nature of our operation and the high degree of technical interactions required, certain departments cannot be moved off Bite We therefore must secure additional room for our Engineering, Operations, Hanufacturing, 11arkating and Adminiatrative Departments at our present location We hereby make application for a Conditional Usa Permit to retain the three existing trailers, Items 2, 3 and 4 on the attached site plan, as well as add trailers, Item 5 and 6 for a period of two years Trailers 5 and 6 are needed to expand our Engineering and Marketing staff. We have leased an additional 9,400 sq ft. locally and will move part of our operation to that location along with about 20 employees. we anticipate a move data of August 15. This facility will also be our min stocking and storage facility. We have completed the preliminary planning on construction of a larger facility at our present site and from the photographs attached, you can ice that Phone I when built on the two acres on Helm Avenue will inereaae our plant sine from 10,000 is approximately 40,000 sq. ft. We anticipate sabmitting a plan to the city within one year and complete construction uithin l8 to 24 months We further anticipate the need for additional facilities within five years and will build a encoai facility adjacent and just West of present building, one Phase II, photo attached The proposed now trailers are identical to the present once in design and color and will be partially screened as the existing ones au,d color - co- ordinated with the building. _ 3a� aoaaaroxaalrs � zxma�anxaxma =tax A � ._ yt•l��Yj i `r '` � Planning �COmmi Lon I y \� Page 2 •'� Jute 10, 1986 ' X Y•' We can provide on site perking for minimum of 84 taro Our current day shift of 81 emplolees at the site will be reduced to 61 employees when we _ shift 20 employees to the annex facility. We anticipate adding 10 -15 new employees in the next 18 months and will have sutficient off street parking to accommodate them. If you have any questions, please contact the undersigned. Very truly yours, ��Guz s L a Vice President Piaanta /Administration PTC.mv r I i•� -s1 ✓4 'Y I I Y• nW. .V 51� 1 AV JMY NnRTH CITY OF RANCI-10 CLTCO,'OiNGA TrrLE, L-Z�WIO .MANNING Di'VISION' EKHIBM 14 SCA _rII' S Its W, j I is _II LIT- Iw�R+F+n rn- ICInIVII II II 4 Tr �_ __ mpi • 1 �T— n - -1 • '_*;'#yam, 'A f t � i - LI 01 ... ..a t - OlntllK fal•NK IO,ty as as Coc "m lY ilo n.Krl I.ulbu. OI ntolo nnnu vaGl Hrlw'1 _ __ —•_ - ., J1� O iWtV.uK Ng41 G.IInKI 1� IidM1 • law's I 1 O LLL OI rKI%10 KV lll• IVt 11, {.I nme. I 1 Ol mto KV W11 1Y1111 •lM1 Ifbl[. Q W 4IrKlt IIK•st 4utlnl vllll.l I• ' __ )� _ /O�Kf11W l'lI W14 flYll. A W'w M12_ CITY OF rm-Nb. R A.I\'CHO CUCAi4 QNCA T 1 3asecHia s _II LIT- Iw�R+F+n rn- ICInIVII II II 4 Tr �_ __ mpi • 1 �T— n - -1 • '_*;'#yam, 'A f t � i - LI 01 ... ..a t - OlntllK fal•NK IO,ty as as Coc "m lY ilo n.Krl I.ulbu. OI ntolo nnnu vaGl Hrlw'1 _ __ —•_ - ., J1� O iWtV.uK Ng41 G.IInKI 1� IidM1 • law's I 1 O LLL OI rKI%10 KV lll• IVt 11, {.I nme. I 1 Ol mto KV W11 1Y1111 •lM1 Ifbl[. Q W 4IrKlt IIK•st 4utlnl vllll.l I• ' __ )� _ /O�Kf11W l'lI W14 flYll. A W'w M12_ CITY OF rm-Nb. R A.I\'CHO CUCAi4 QNCA T 1 3asecHia f >A.S�.ZL CITY OP rm%ll. RANCHO CUCAMONGA m1u, PLANNING- D[VE)CN � GKHIO c or�x� Q DRAFT EXCERPT - PLANNING COMMISSTON MINUTES - JULY 9, 1986 H. EIIVIRONMERTAL ASSESSMENT AND CONDITIONAL USE PERMIT 86-13 - MAURY n reques u :e ve temporary a ce trailers o nn a site containing an existing 10,000 square foot industr,al facility to 1.0 acre of land in the General Industrial District (Subarea 3) located a 8610 Helms Avenue - APR 209 - 022 -10. A Debra Meter, Assistant Planner, reviewed the staff report. Ms. Meier stated that the Foothill Fire District had agreed to allow a 21 -foot cicsr access along the south and west sides of the existing building, with 26 -feet required on all remaining sides She recommended that the Conditions of Approval be modified to reflect that change. Chairman Stout opened the public hearing Frank Guzowski, representing the applicant n overview of the project and concurred with the Conditions of Appro% Chairman Stout stated that in the past, t, nas had problems with the removal of temporary trailers Ile asked the ..,vi'cant if he would object to some method of agreement to insure removal of the trailers. Mr Gutowski replied that he had no problem with this request Th were no further comments, therefore the public hearing was closed. Commissioner Balker agreed that temporary trailers have been a problem In the past. He asked if was possible to insure removal through a performance bond. Deputy City Attorney Ralph Hanson stated concerns with performance bonds and City employees going on private property to remove the trailers. Chairman Stout suggested that the City Attorney's office prepare an agreement between the applicant and the City which would insure the removal of the trailers and the payment of attorney's fees by the applicant should the City have to prosecute. Notion: Moved by Barker, seconded by Chitiea, to issue a Negative Uaclaration and adopt the Resolution approving Conditional Use Peralt 86-13, with in azendiaent to eliminate the proposed trailer at the northeast corner to allow 21 -foot clear attest along the south and west sides of the existing building, and an agreement prior to Installation of the trailers to provide for their removal and attorney's fees. Motion carried by the following vote: AYES: COMMISSIONERS: BARKER, CHITIEA, MCNIEL, REMPEL, STOUT NOES: COMMISSIONERS- NONE ABSENT: COMMISSIONERS: NONE - carried +2 r Ar. e;: r ,t. CITY OF RANCHO CUCAMONGA STAFF REPORT DATS: August 6. 1906 Tot Mayor sad Members of the City Council PROM: Jim Hart. Administrative Services Director BY: Elizabeth Stoddard, Assistant Finance Director SUBJECT: SALRS TAX ANALYSIS The sales tat is oas of the largest source o`c revenws received by the City of iancho Cucamonga. This revenue is collected by the State Board of Equalize' on on the basis of point of sale reporting by businesses subject to the tat. The State Board of Equalization than returns to the local juriedicatioes their portion of the sales tat proceeds. beer the years that the Board of Equalization hat been responsible for the toll motion of this revenue, aury cities have forad that reporting errors by local businesses have resulted in a failure of the tat ravaoua cc be returaad to the jurisdiction in which it originated. There are a number of Nays in which this can happens but the two met consent are: 1. For a business to be assigned to a wrung reporting district. As a result, sales tar from a business in Rancho Cucamonga eight actvally be retarded to the City of Ontario or Upland. Y. Sales tat from a business with maltiple outlets to be assigned to only one reporting outlet. As a result, jurisdictions witb the reaufaing outlets would fail to receive the tat revenaa. Based on those factors, may cities boa found it desirable to conduct audits of their sales tat ravanues. The options oailable to cities conducting that& audits eta as follows: At 1. Manual review - lb is approach is generally acceptable in small cities with a 1'mited number of sales tar producers. It would involve the manual review of the sales tar printouts provided by the state add hand postiag of this information to spreadsheets that woulA contain the mama of the busi.aen and would allow for nalti -year tracking of revenue trends. 3a P J, is 2. appro rh would[ iavoi�a L theoapurchaasieCeorpdevelopment�Of coeputar software necessary to correlate ante supplied busiueaa identification Ambers with the names of all the businesses within the tomunitl, a Pell as the development of program that would allow trend eooitoring by geographic area, business type. etc. The City would review gstea development coats es well as onsciat coats of data entry. 3. Use of outside contractor - After diacsssing witus� other aonebern California cities the method they cordurtiuS the sale tar asdits, the lira of Robot Siedsrllter soil Associates we identified as Ono of Ike fee, if not the call. fire: providing this specific type of analysis we are seeking. Robert Rinderlicer, the principal of the firm, was a former yjasaceli Director and ndccilty Manager. As a result. knowledge of the typo of information necessary and social to city governments when suditiag and perfordvg trend s'aLtoring an their sales tat revaene. The cost of this service is $900 (atart -up) plus $30 Per month for a lout as the "coed the - $4,500 providedrvin the Tia a al year 86- not 31 budget for this contract. This cost iucludes both the toepoter services and the data catty un_easary to perform the required mark. la Proposed daCNecoul Robert ontracts tbrougb rwhieh their have nil ehdz floe would undertake the oeeeaary field work to both enhance the polot-of -cals designstiaors and aato recover llost ales tat as a result of incorrect badness reporting. This service In outborized on a case by case bevies and the fee ebatged is 152 of the r- •mss gained or ree'vered. In addition to eneuriag that the City is receiving its appropriate nbare of sales tat revenue, the sales I" audit as proposed world the basis de valuable information in eons torlog zooid of e .atrnemely valuableptocnot ZconomieLDweloprent progriam.elorution aSCOl AMLILM The City Comcil aucbarise.approval. of the attached contract* with Robert Riaderliter and Aaoeiate■ for the da me elopnt of a sales tat: data boa sad the Mayor be authorized to "dent& said contract. Respectfully subuitted, Jim Rart Administrative Services Director J8: R8tce Attachment[ Rasolotion �a9 AGRZMMT 1a= BALES Tar AUDIT Am rKrOSl6MOM BJW"C=s This Agreement is wade and entered into as of the day of , 1986 by and between the CITY oT P.AECRO CDCAMONGA a Man c pal Corporation, hereinafter called CITY, and ROBERT BINDERLITER AND ASSOCIATES, a California Corporation, hereinafter called CONTRACTOR. RECITALS Thin Agreement is entered into with reference to the follwing factor and circumstances. 1. That City deeires to engage Contractor to render certain professional services hereafter described in connection with the review of sales tax - avenue generated by businesses located within the Cityi and. 2. That Contractor In qualified to provide such services to the Cityl and, 3. That City has elected, to engage the services of Contractor upon the terse and conditions as hereinafter set forth. SERVICED The cervices to be performed by Contractor ,nder this agreement shall include, but not be limited too those services set forth in that certain 'Agreement for sales Sax Audit and Information Sarvices`, a copy'of which is attached hereto as Exhibit °A• and by this reference incorporated herein and made a part hereof as though it were fully not 4 forth herein. Performance of the work specified in said Propoaal is hereby made an obligatior of Contractor under this Agreement, ti subject to any changes which may be made subsequently bersto d+ upon the mutual written agreement of the said parties. -1- It Z. 0 EXHIBIT W AGRIMIENT FOR EMU TAX AUDIT AND IWORMATIOR SZMCKS SCOPE OF WORK • •y, n� M `- e, NM yam] x This scope of work In dividad into the specific tasks that_ are necessary to provide the City sith comprehensive information about its sales tax base. The reports covered in the task descriptions are designgd to facilitate the recovery of dollars diverted to other cities due to allocation error. The reports also contain th6 sales tax data necessary to evaluate trends, target economic development efforts, and improve the sales t:x productivity of the existing base. TASK 1. Transfer sa,.as tax return data from quarterly reportn prided by the State Board of Equalization for the irstediate prior three quarters to computer spreadsheuts that provide the basin for all future analyses. Enter business name and address from sales tax permit cards and cosign gao -mode designation. TASK 2. Enter sales tax return data for the currant quarter ana —review for potential mirallocatio *s. Assist City staff in work necessary to verify error and rocover last revenue: Work within this task will also inc)cda evaluation -if the existing system of correlating busineGa licensa data with permit data provided try the State Board of Epaslitation. TASK 3„ Provide City with reports (aamples attached) ou trn—rn—v th; most significant facts pertaining to its salan tax base, includingi Totals and changes by major use category, top sales tax producers, growth /decline comparisons with other jurisdictions, sales tax trends by city area, and supplemental graphs and charts. _2_ `Y ri r. ie �ry I PARS THREE COMPIDO'R IALITY r. Section 7056 of the State of California Revenue and Taxation code specifically limits the disclosure of confidential taxpayer information contained in the records of the State _ Hoard of Equallaa:lon. This section, specifies the conditions under which a City may authorize persons other than City officers and employees to examine State Sales and Use Tax- ," records. The following conditions specified in Section 7056 (b),(1) of the State of California Revenue and Taxation Code are hereby made part of this contractual agreement. A. Contractor in authorized by this agreement to examine sales and use tax records of the Hoard of Equalization provided to City pursuant to contract under the Bradley -Burns Uniform Sales and Use Tax Law. B. Contractor is required to disclose information contained in, of derived from, those sales and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information. C. Contractor is prohibited from performing consulting services for a retailer during the tern of this agreement. 'V D. Contractor is prohibited from retaining the information contained in, or derived from, those sales and use tax `• :*cords, after this agreement has expired . Informatia. -. nbtained by exardnation of board records shall be f- used only fc: purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Contractor as a person authorized to examine vales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 S (t), (1) of the Revenue and Taxation Code. -. 1 ti, 1 �a M". i [A� «r r r TERM .AM C=rTIORS !iR FOR SRRVICNS Nine hundr.d Dollnrs (8900) payable upon completion of- MG, computer data beset and reports covering the prior three sales tax quarters as described in Task 610. Three Eundred Dollars (1300) per month for-,the wor Baer e n Tae as Tas 3° ao long as this agreement is in effect. ' The City will be invoiced quarterly for the services rendered in the prior three month period.. ADTAOkISATION AND :, UCMATION ?ROVIiIOn This agreement becomes effectivc'wban endorned by the City in the 2pacs provide below, and may be terminated,by either party with 30 days written notice. Upon termination, Contractor shall be paid the value of work performed, less 1 payaeats of compensation previously made. IMRFNMRM C00122ACTOR Contractor shall perform the serviced hereunder as an irdepondart contractor and shall furnish such services in his own matner and metboA, and 'under no circumatences or conditions ehall any agent, servant,, or employee of , Contractor be considered an an ouployes of City. q r 3,33 M , SEEM 1 .� This Agreement is not asszgnable either in whole or in part by Contractor without the wxitten consent of City. ' ATT=TEY'S !AXS In the event a legal action is commenced to enforce any Hof • the provisions of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's - fees. GOVKRKXN't LAM This Agreement shall be governed by t•.r laws of the State of • California =DXMIFICATION Contractor hereby agrees to, and shall hold City, its elective and appointive boards officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as ? from claims for breach of confidentiality or property damage which may arise from Contractor's negligent acto, errors or omissions under this Agreement. Contractor agrees to and' shall defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged'to have been • caused, by reason of any of the aforesaid negligent acts, errors or omissions. v ?, City hereby agrees to, and shall -hold contractor, its ' ' officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, • including death, 8A woll as,from,�claims for breach of confidentiality or prc�periy damage which may ariae•frod City's negligent act &, errors or omissions under this Agreement. City agrees to and shall defend Contractor and its ` officers, agents and employees from any suits or actions at law or in equf*y for u:._'+ugex caused, or alleged to have been caused, by reason of any or CAZ aforesaid negligent acts, errors or omissions. F • ,a 1 e; s NOTICE All notices required by this Agreement shall be given to City and Contractor in writing, by first clean mail postage prepaid, addressed as follows: City: CITY OF RANCHO CUCAMONGA 9320 BASELINE ROAD PANCHO CUCAMONGA, CA 93730 Contractors ROBERT HI.YDPALITER 150 N. First Street, Suite 280 Clarcmont, CA. 91711 -4139 IN WITNESS NSE'RSOP, the parties harsto have caused this Agreement to be executed on the date first above wzitten by their respective officers duly authorized in that behalf. CnT: CITY OF RANCHO :OCAMONGA A Municipal Corporation )LAYOR CITY CLEAN ` Sal 1?2ACTOR: ROBERT H11H)EELITER i ASSOCIATES - A California JCorporation APPROVED AS TO FOAM: PRESIDENT t x CITE 6°,��3wxe�:� i�i'� =A: �.;s• .'�tl i'� :a- �k$ s`?�.',t.` I i A RESOLUTION no. O�. - D36 A RESOLUTION OF THE CITT COUNCIL OF TBD CITP Or RANCHO CUCAMONGA AOTRORIZIBO CERTAIN CITr OFFICIALS AND A CITY CONTRACTOR ACCESS TO BALKS AND USX TAI RECORDS PURSUANT TO COFERNMOT CODE SECTION 7056 The City Council of the City of Rancho Cocumoga hereby resolves an follwes Seetiod I: The following City positions are hereby authorized to receive and r*sieu sales and use too transactions, for the City of Rancho Cucamonga froze the Board of Equalization: Administrative ffe:. ces Director Assistant Fivance Director SectlRt_.21 Tho ::olloving ind*pondent contractor for the City of Rancho Cucamonga is baieby also authorized to receive and retie* salso and use tar trantectionz for the City of Rancho Cucamonga. Robert Dinderliter A Associates: Robert Rinderliter, President Section a, The City of Rancho Cucamonga hereby certifies that Robert Rinderliter 6 Associate:: A. Rao on eaiattog' costraet'vitb the City of Rancho' Cucamoogi to receive sales and use tam racerdsl and D. L rsgairsd 67 that, coact act (toy disclora 'information` contained in, or da[ived from that* sales and use ter records only to as officer or employe* of the City vbo"ls aotborixed by this rosolution to examine the information; r and C. Is pt.eibited by that contract from performing eonsultivg services for a retailer during the tarn of that contact; and : D. Is prohibited by tba: contract from retaining the information contained in, or derived from, thou sales tar records, after that contract has expired. �•, r� 3,34 i r S!Sl�?�:t ±t , �r$i is e ..�5 4i.- �4.. "rR : !:�$•er... t, aA Bettia.e ie InforOation obtained by erasdnetian of board records shall be used 0017 for purposes related to the collection of local for sales and use tuu by the beard puruuet to the contract, and Municipal Revenue forecasting. '• r j2griyr 5* This resolution snpercedes all proions authorisations. AegrjpLA.L The City Clark shall certify to the adoption of this Rasolotion sad sand forrard a certified copy to the Board of ' Equalization. n r S!Sl�?�:t ±t , �r$i is e ..�5 4i.- �4.. "rR : !:�$•er... t, aA r 3• w4 . 1 ✓ sag 4. CITY OF RANCHO GOCAMONGA STAFF REPORT DATEt August 6, 1986 r T0: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Dava!opment Director SUBJECT: RESOLUTION APPROVING THE ISSUANCE OF TAX ALLOCATION BACKGROUNDt The Rancho Cucarnarxp Redevelopment Agency has prepared a tax neat on bo sale f ar closing prior to August 28,1986. In order to conclude the sate of the 1986 Bonds, the City Council Is required to adopt a Re»Iuflon which authorizes the R- development Agency to Issue the Bonds. Attached for the Couneil's conslderofion Is the ResolutloM prepared by Bond Counsel, which provides the necessary app OW33 to the Agency to Issue Its Bond%. RECOMMENDATION: Adoption of ?tie atta+ed Resolutlon whid, cuthorizes the Re eveeve o�T n I. Agency to issue its 1986 - Series A Tax Allocation Bonds. Res �eciful ly s fitted, ac , Jack Lam, AICP, Community Development Director JLILD /kop ottachmentt Resnlulion n � 4 4Y �We F8000 r s� I I JHKW -ACH- :a 07/30/96 H7359 ' RESOuUTION No. i(. - 337 GESOLUT:G9 OF THE CITY COUNCIL OF THE CITY QF RANCHO CUCAMONGA, APPROVING THE ISSUANCE BY THE RANCHO CUr,N10NCA REDEMEIAPMEtA AGENCY OF ITS RANCID REMEMELORiNt FRONCt TAX ALLOCATI01I'WWS, 1916 SERIES A WHEREAS, the Rancho Cucamonga. Comunity Redevelopment "ency (the •Agency') is a duly constituted Obltc, body, corporate and politic. established pursuant to the Community Pedevelopment Lay of the State of California (the 'Law "); and WHEREAS, pursuant to the Law, the Agency has duly authorized the issuance Taxx Ranch WHEREAS, pursuant to the Law, the City Louncil of the City of Rancho Cucamonga has reviewed said financing as proposed and wishes to declare its approval thereof in accordance with Section 33640 of the Health 'and Safety Code of the State of California; Now, THEREFOR[, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PNCHO CUCAMONGA: as follows: 1. The issuance by the Rancho Cucamonga Redevelopment Agency of $32,345,000 principal amount of its Rancho medevelopnem Proj!ct Tax Allocation Ends, IO86 Series A, is hereby approved. 2. This Resolution shall take effect from and after t;,e date or its passage and adoption. r r: r r♦: r r • r C'{ 4. — CiTY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 TO: Mayor and Members of the City Council FROM. Brad Buller, City Planner BY: Lisa Nlninger, Assistant Planner r1al rm SUBJECT: GENERA. PLAN AMENDMENT 86 -02A - BARMAKIAI - TRAFFIC STUDY I. BACKGROUND: At the July 16, 1986 City Council meeting, an app ca on was considered for a General Plan Amendment and Etiwanda specific Plan Amendment for a 9.4 acre site located on the northwest corner, of Etiwanda and Base Line. At that tine, the applications were tabled pending completion of a traffic study on the proposed project. At this time, staff would like to inform the Council of the proposed scope of the study and receive approval to distribute a RequeLt for Proposal (RFP) to qualified consultants. II. TRAFFIC STUDY SCOoE AND TIMING• The City Traffic Engineer has eve ope a scope o workk to analyze four alternatives. They are: no change; development of Barmskian site only; development of victoria site only; and, development of both sites. The study will consider variations in traffic volume as well as circulation patterns for each of the alternatives, in conjun%;tlon with existing and planned street improvements. At the July 16th meeting, staff stated that the study would require approximately sixty days to complete. This did ndt include the time required to solicit proposals and select a consultant. The City Traffic Engineer is in the process of preparing a detailed scope of work and RFP to distribute to a group of qualified consultants who will be allowed approximately two weeks to submit proposals. The proposals will be reviewed trod consultants interviewed with selection occurring late in August. From that point, approximately 60 days Mil be required to complete and review the traffic study. It is estimated that this process will conclude in October and the amendments will be rescheduled for public hearing. III. ACTION RE3UESTEO: Staff it,, requesting approval from the City aunt or a raffic study process as discussed above. R ctfulty 1 ae B ull r City Planner a; t' s r CITY OF RANCHO CUCAMONGA STAFF REPORT DATES August 6, 1986 TOt City Council PgdL baverly A. Authelet. City Cleric SUDJECTa APPROVAL OF AN L181 i'MMT OF 7MfEII�eT AGYRlMtei EtN[CI_jg6 CT'fV OF RAECRO CUSWL%L •1 AV DEYELOWMI CORMILAXia The attached Assignment of Iateruat iv to be added to the Consent Calendar for your approval. :AA /di■ Attach4d r Y]lllFli '� > 'd ',•Yfi J_ K. �i��l I n14 t._ „ t C E r' ASSIGNMENT OF INTEREST TAC DEVELOPMENT CORP., a California corporation, hereby conveys and assigns all of its right, title and interest in and to that certain I::.provement Agreement for DR 85 -02, duted May 9, 1986, and that certain Agreement to Install offsite Improvements, dated April 14, 1986, from TAC DEVELOPMENT CORP. to RUDOLPH HENDRICKSON SENIORS APARTMENTS JOINT VENTURE, a CaliforniA General Partnership. DATED: k,— � IF TAC DEVELOPMENT CORP., a Cal/illro"rn /ia corporatia: / by: TRY A. CHRISTENSEN President R The undersigned hereby consents to this Assigrment as of the day and year set forth : above. r. CITY OF RANCHO CUCAMONGA 9• by: a CITY OF ZANCHO CUCAMONGA STAFF REPORT DATE: August 6, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Dan Colman, Senior Planner rol SU9JECT: EM,IRONMENTAL ASSESSMENT AMD DEVELOPMENT AGREEMENT - anA cho Cucsmon a C /AgLinited and the Tower Partnership regarding the gdevelopment of the Virginia Dare Winery project, in particular, shared parking BACKGROUND: The Planning Commission held a public hearing on July '4—,-VJBb -o consider the attached Development Agreement for the Virginia Dare Winery project. The attached Planning Caem,ssion staff report fully describes staff's effort to negotiate the long- term Development Agreement between the City and the developers of the Virginia Winery project and the key points to the Agreement. This agreement iaplments the Planning Commission's July 24, 1985 Cunditio of Approval for the theater. After conducting a• public hearing, the Planning Commission recommends dpproval of the attached Agreement without, revision (sea attached minutes). During the Publtc hearing portion of the Planning Commission' - review of the Development Agreement. the Brunswick Corporation expressed ccneern with the shared parking approval and how it could affect their project to the north. The 1,800 seat Eddards theater required a minimum of 455 parking spaces; 779 parking spaces are provided for the Virginia Daro project. The applicant's requast for the shared parking concept was based upon the primary ni ttime a demand for theater parking anj the mixed use of {he Vtrgln Dare project. After review of detailed parking studies of the Virginia Dare project and existing theater operations, the Plamdng Commission determined that shared parking was warraited given the 1) primary nighttime demand for the theater, 2) the mixture of uses on this site and 3) control of matinee screens provided by the Development Agreement. The Brunswick Corporation boli_ves that the shared parking is a Hotential problem because of the reciprocal access easement between the Virginia Dare project and the Brunswick Center. Brunswick's concern is that theater patrons misfit use the adlarent Brunswick parking area in overload situations. The Brunswick Bowling Center is located approximately 140 feet north of the theater. ,. r CITY COUNCIL STAFF vEPORT VIRGINIA DARE , August 6, 1986 { page 2 The reciprocal access was required to provide an internal traffic circulation that permitted left -turn access onto Haven Avenue for; 1 the Virginia Dare project. This reciprocal access paint and circulation spine it critical to the development of both sites and was addrnssed during the public hearings of bath protects. II. RECOMMENDATION: The approve Commission unanimously recon:ends, fWtboe cil the Devel�dntiAgreemmeentothroug a adopts or achedv Negative, Declaration. tfully su to . �— Dr Duller City Planner 1 +mt BB:DC:ko Attachments: Exhibit 'D' - Site Plan Minutes, July 9, 1981 Meeting t Planning Commfssion Staff Report, July 9, 1986 Planning Commission Resolution 86 -97 Ordinance Development Agreement t, �r r d; t 1 'x. ,,die r� rir d� :itt =� � ' s "•' .;� x''r: r'a t July 14, 1986 City Council Rancho Cucamonga City Hall P. 0. Box 007- 9320 Baseline Road Rancho Cucamonga, CA 91730 Gentlemen: Brunswick Corporation would tike to register an objection relating to the 457 parking stall variance requested by the Virginia Dare Wintry Business Center, which the Planning Commission approved and sent to + the City Council for further study. _ It is Brunswick Corporation's sincere eallef that by granting this variance, undue hardship to Brunswick patrons as well as a severe safety hazard and excessive traffic congestion will occur on the Brunswick property Initially, the City Council passed a cross property easement joining the Virginia Dare any Brunswick pt.derty. Viv9lnia Dare and �runswfck were opposed to this At the time Lira City Council suggesteJ the cross easement, what is now an 8 screen theaxer was to be an office complex. • That changes the park ng rnqu rrments. runswick Corporation has met all codes ant all parking requirements for our project. It is our belief that the theater patrons will ut'lize the Brunswick parking, which is approximately 70 feet frcm the theater, instead of using the parking for the present office complex.. 280 feet away from the theater T! -at parking world be available only if the office complex is not ::eir used , after 5:00 P.M. If the 457 paring stall variant^ for Virginia Dars 1s approved, tim Brunswick will be considerably short on parking. It i• out pr*posal , that the truss easement be waived and that Virginia Dire and Prunswick 'p each be required to have their own self cor.tained parking, or require V1•yinia Dore to generate sufflclert parking to meet code. ' Continued ..... ........... .' Ner•enzwlek Corpotatlon•Onu,. runawlck Plaza•Skokla, ll x0077 •J12f 170. 4700 ' �� ,If \' ' �;�t +tj �'Lt a ;5,• �•f Y`.5 �.b. {�%'� \iii '. .• n.Ni.`..I��)`�v!. E i ;y ;9 �h t 7 a I 0 Rancho Cucamonga City Council Page 2 July 14, '986 go We are requestinC that time bo allottee durine ,ne Cicy C"r.cil meeting for Brunswick Corporation to present its f.uts, which will iirlude a traffic study. We request that the City Council lst provide u traffic study of the project possibly uslnl staff from R_nc�, Ncamonga, If all else fails, Brunswick Corporation will take whatever measures are available to assure that our parking will not be utilized by pstrons of the theater thus depriving our patrons of its usage. Sincerely yours, BRUNSWICK CORPORATION 11. J Harris BRC National Service Director 1011; DG cc: Mr. Jarrrey Ki. g, Mayor Mr. Jack lam, Community Development Director 'r t }" ,4 r� a t v. ;'Zs 1. 1 • ��•� Lf[ � S� f Yi'.Zs'•",'�-= �`i(87?�i »`f`�1 ! t a a a DRAFT EXCERPT - PLANNING COMMISSION MIMUTES - JULY 9, 1986 X. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT - VIRGINIA DARE - An agr� by ant. between the City of enc o uwmonga, ., and the Tower Partnership regarding the dovelopaenL of the Virginia Dare Winery project, in particular, shared parking. Dar. Coleman, Senior Planner, rcvievod the staff report. Coom%sioner HcNiel asked if this theater would have the same parking proulems as those in Montclair and Upland. Mr. Coleman replied that this center would he different in that it contained office uses, not strictly comierclal; therefore, would not have sinilar problems. Chairman Stout stated that the centers in Upland and Montclair do not have an agreement such as this one which eliminates matinees. Chairman Stout opened the public hearing. David Michael, representing the applicant, concurred with the Resolution. Hank Harris., representing the Brunswick Corpuration, stated concerns with the mount of parking for the Virginia Dare Center and advised,that the center has 457 parkin) space less than what is required. requires stated that the Brunswick tree treater patronssLight usnwhat the adjacent code B unswickrepa king ares concerned overload situatiins. He was vary concerned with potential parking conflicts during peak hours of both the Brunswick Center and the theater, and advised that the BrunswicK Center wr d have as many as 2iO cars exiting and entering the site between the hours .+r 5 p.m. to 11 p.m. Barney Veiehe, Brunswick Corporation, stated that the prubles was the reciprocal access easement betweri tie the properties. David Michael stated that t w Virginia Dare Center is actually overparked at night time. He suggested that maybe a Development Agreement should oe entered Into with the Brunswick Corporation to shut down some of their alleys if parking becomes a problem to the theater, similar to the condition eliminating matinees. ' There were no further comments, therefore the public hearing was clesed. Commissioner Barker stated that he wished there were no reoipraaml access between the two properties and the two parsing areas could be blocked off. If that was possible, he would IIke to know how. Chairman Stout stated the recson for requiring reciprocal access wsrs because there is no way to go north on Haven from the Virginia Dare Center. Further, if a vall was placed along that easement, you would still have oeeple parking o in one project and going over the wall to the other. Ile advised that the City j t' Council directed the planning Comwfssfon to work on a parking agrement and in his opinion this agreement accomplishes what it was intruded to do. He Indicated that the Development Agreement was between Virginia Dare and the City Council and sMuld be forwarded for the Council's review. COmaisslaner HcNthl stated that the rectMrocal access was placed on the project to Insure traffic safety. Chairman Stout suggested that the Project continue, and if a problem occurs the condition could be amended. Motion: Moved by Chttiea, seconded by iklltcl. to recommend approval of the Virginia Dare Development Agreaaent to tht City Council, Motion carried by the 7olicwring vote: AYES: COMKISSIONERS: CHITIEA, itCNIEL. BARKER, REHPEL, STODT NOES: COiMISSIONERS: NONE ABSENT: Co"trSSIONERS: NONC - carried v�n�il``'i'at'..'�t�i i CITY OF RANCHO CUCA,lIONGA STAFF REPORT r.-Ml ``FK - 1977 DATE: July 9, 19F,6 TD: Chairman snd Menbers of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT Ar,REEMENT NIRGINIA— DARE -- An agreement by an a Neen the Its Rancho Cu camoega, C/A Ltd., and the Tower Partnership regarding the development of the Virgioa Dare Winery project, to particular, shared parking. I. ABSTRACT: This report contains information describing staff's e onto develop and negotiate a Development Agreement between the City and the developers of the Virginia Dare Winery project, the key points of the agreement and a copy of the draft agreunent. II. BACKGRP'" 1: The original Master Plan and Conditional Use Permit "P' ' Jirginla Dare Winery project was approved by the Planning Commission on June 8, 1983. On December 12, 1994, an application by the developer for aoproval of revised Master clan which included an 1,800 seat theater was approved by the Planning Commission. Design Review approval of the theater was issued by the Planning Commission on July i'.4, 1985. Ilia 1,800 seat theater required a minimum of 455 parking spaces within 300 feet. A part of the applicant's request was the approval of a shared parking concept based upon the primary nighttime demand for theater parking. The Conditions of Approval for the theater stipulated that at the time any office st "uc*ures are proposed, which would require more than 85 parking spaces adjacent to the theater, the applicant oust submit a detailed parking analysts to determine if there is adequate parking for all then operating and proposed uses. The study was to be raviewed by tha Planning Coomission and if a conflict existed between the theater and other uses, then the Commission shall consider modification to reduce the square footage of the unbuilt remaininq office buildings In an amount commensurate with the parking overlay, limit the hours of operation of the cinema, or other appropriate means of assuring adequate parking. This condition was required to be incorporated in a document to be rerUrded to provide notice of condition to prospective purchasers of the subject property. Staff and the City Attorney's office have { determined that the inplementatlon of the Condition of Approval 3 57 ITE:1 K ' PLANNING COMMISSION STAFF REPORT VIRGINIA DARE July 9, 1966 Page 2 regarding shared parking can be best accomplished through the provisions of the attached Development Agreement. The proposed agreement has been coqileted and Is attached for your review. III SUMMARY OF Df.VELOPNE"T AGREEMENT: The California Government Code ect in �b58b4 S; ar ows titles to enter to agreements with develc,ars, the contents of which shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, and the maximum height and site of the proposed buildings. The following is a summary of the key points of the Agreement: Shared �Parki�ng• The key provision of the Agreement establishes a process for determining an aver - burdening of parking and the ability of :te Planning Comalssior to impose a restriction on matinee use on the basis of a negative traffic study. The Commission is entitled to delete up to two mrtinee screens per non- national holiday week day. Term: The original term of the Agreement is five (5) years from Tge date of execution. During this 5 -year period, the developer has a vested right to the development standards and privileges as set forth in the Ageegnent and described Lelow. Following expiration of the five years, the development of any undeveloped portions of this project will be subject to the then prevailing zoning regulations and development standards. The Agreement includes a provision for an annual review by the City Planner. Permitted Uses: The permitted uses guaranteed by the Development greement see Exhibit 08 -10) are consistent with the previously approved Master Plan for the Virginia Dare Winery project. These uses include restaurants, retail, cinema, financial and office. Intensity- Use: The Agreement sets forth the maximum Intensity o ure o property as described in Exhibit 00 -10 and as shown on the detailed site plan (see Exhibit 08 -20). It is noted that white some building footprints were reduced in size, others were Increased; however, the total number of required and provided parking spaces remains the same Further, the amount of shared parking does not change. Maximum Het ht and Size of Buildings: The Development Agreement spec es t at t e maximum eight of proposed buildings shall comply with the Development Code limitations in effect as of the date of execution of the Agreement. The Development Code currently permits a maximum height of 40 feet within the General Commercial District, and provides for a Coeditienal Use Permit process to exceed this height limitation. A total of 178,938 square feet of bulldtng area would be guaranteed by the Development Agreement as shown on Exhibits °B -11 and 08 -24. Farcel 2 (restaurant), Parcel 4 3(19 j r• r PLANNII.'G COMMISSION STAFF REPORT VIR3INIA DARE July 9, 1986 Page 3 (,ffice), and Parcel 9 (office) are the three remalning parcels whim have yet to receive specific, Design Review approval. Par�kingRatios: The Development Agreement locks in the current parking raoz for all uses within the project. Attached,Exhiblt "C* provides a parking analysis based upon the allowable square footages and current parking rrtlos. The total amunt of shared parking spaces is 447. Desi Review: The City will retain it s right to conduct Deve on pment esign Review of any building proposed for development. IV. ENVIRONMENTAL ASSESSMENT: - Staff has completed the In'tial Study an oun no s gnTflcant impacts upon the environment as a result of this project. V. RECOMMENDATION: St"f - ecomnends that :he Planning Commission urwaf� a recocmendr ion of approval of the Development Agreement to the City Coun 1 througn the adoption of the attached Resolution Resp tfully •mltted, %��1� dra Buller '�/� City Planner BB:DC:ko Attachments: Oraft Development Agreement Exhibit 'A' - Le al Description of Property Exhibit 08-10 - Permitted Uses and Maximum Densities Exhibit 'B -2' - Detailed Site Plan Exhibit 'C' - Parking Calculation Resolution Recommending Approval , uTS,rit �.SidIIF• A. ^"frr'� J`I1 �h�,.Jt.. A.Y1�.1`F, 4.,. -�,3 � � '{ pct c„ ° YIROINIA DATE CEYTER - FARKING ANALYSIS Thet.ter 1,600 seats @ 1/4 seats t55 spaces Office /Retail 140,344 s.f. 0 1,/250 s.f. 461 spaces Restaurant Dal Taco 1,500 s.f. 0 1/175 s.f. 25 spaces i. Spires 6,600 s.f. q 1 /100 s.f. 60 spaces '} Dinnerhi+use 6,000 s.f. B 1 /100 s.f. 60 spaces Other (Food Court) 7,500 s.f. P 1 /100 s.f. 75 spaces 4 Sub Total 21,400 s.f. 220 spares, Office /Retail 561 Restaurant 270 Theater 455 r Total Required 1 ?3S Total Provided 779 i Shared Parking 457 ; y �Y c illC�' e r } °`+ CCE\I+ �f% w TC7ZT}�i/�Q�Cy\ /1� Tt.JL1V �JlJli11YIONGA �/1 ( n /��✓�l�l 7T1'tl+� �•M/�� 5 °4 :,.'r itr� +yr��i PLAS KING PW Si )N ' EXHIBIT. scALE,��"- °f�� "s�yt�ct>;Y;H �2n ��;•ks1...rfi.� . ;k,'ik ' ° � _ A ''N },'b,P �., §Lx� i i+ F, 1: I CI'T'Y Or RA.NUHU CUCAMOiNGA PLANNING DPASON I i Z 0 nro-VI&a6YA At TnIE. 3 XHIMT JG \[ E a RESOLUTION NO. 86 -97 a A RESOLUTION OF 1HE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA RECOMMENDING TO THE CITY COUNCIL ` APPROVAL OF A DEVELOP14ENT AGREE14ENT BETWEEN THE CITY OF RANCHO CUCAMONGA, C /A, LTD., AND THE•TONER PARTNERSHIP, IN RELATION TO THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE i.HERLAS, the Planning Cuamission, following a duly held public "ar.ng is rece mending approval of the Development Agreement on said property to the City Council; and WHEREAS, the Planning Cumois_dan, following duly held public hearings has approved the development of the property; and WHEREAS, the approval for the o:velopment of property includes shared parking as authcrlicd by Section 17.12.0400 of the City of Rancho Cucamonga Municipal Code; and ` WHEREAS, the implementation of said development ran be best accomplished through the provisions of the attached Development Agreement (which is by reference incorporated herein). NOW. THEREFORE, the Planning Commission of the City of Rancho Cucamonga does hereby resolve to recommend to the City Council approval of the attached Development Agreement. APPROVED AND ADOPTED THIS 9TH DAY OF JULY, 1986. PLAVNOIII1 COMHISSIOif OF THE CITY OF RANCHO CUCAMONGA I, Dan Coleman, Acting Secretary of the Planuing Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolutiol was duly and regularly introduced, passed, and adopted by the Planning Commission of the. City of Rancho Cucamonga, at a regular meeting of the Planning Coamissiol field on the 9th day of July, 1986, by the following rote -to -wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, BARKER, RETIPEL, STOUT NOES: COIMISSI�7NERS: NONE -` ABSEHi: C011NISSIONERS: NONE .a 357 I t t t v r a I RECOROIAO .REQUESTED By &%D WHEN RECORDED RETURN TO: Allen. Katklne, Lack, Oam71e G 4411017 1a40D von Warman. fourth flee, Irvine, California 72715 Attenttan: R Illchaol Joyce. Vag pEVEt0 e4f KRUM11 THIS DEVELOPMENT ACREMUNT is entered Into as of 'this day of 1965, by aid between the CITY OF RANCHO COCANONQA, a aunlcipal corporation, organlsad and stlating under the lava of the State of Coliforai♦ ('City'), and C /A, ]TD., R a California limited partnership and THE TONER PARI7RSRIP. a Calftornle general partnership (collectively, 'Developer -) H&S116kIli: A. This Agreement Is entsrad fate with respeot to that certain real property (the 'Property') owned in fee by Developer, awre Particularly described by fanibit 'A' attached before 0. On Ceceeber 12, 1984, as application by Developer for approval of certain asperts of the davelopneet of a m iced -use cwsrarclal and retail dovelopunt on the icoperty known as the vlrglnia Date vtoary project (the 'Davololmanc') was approved by and t rouge the adoption of Resolution No 81 -798 by City's Planning Commission C. Pursuant to itr Ordinance No 2C6, Clty approved a toning change for the Davo.cpxant tram A -. to C -2 on August 1. 19a1 D. The Planning Cormisstan of C+ty also approved Parcel Map 8201 for the Developeent on February 22, 19114 E. Pursuant to Resolution No IU- 79(b), the planning Carmission of City appcnvad the revised mrstsr plan for the " Project and Sounded Conditional Use Pernil No 87 -07. with certain conditions, among which was the .,Iui,.nt that tho -fast Load use- specified as Parcel No 5 under Parcel Map 8201 be deleted P Pursuant to a subsequently dopted resolution, Parcel 5 of Parcel Map 8301 van reinstated 0 In connection with Design Novi" Application No. 85 -22 with respect to the proposed theatre use within the Project (the 'Theater'), the Planning Cormission of City approved the �a _g 0076U/C1779 -002 SIN• ..• - .. � ' �n �a _g r �'.'r =, �''�.;^r..;?. t,' r . 4 w.. - a... r•, w. ,Y; s."',l ,tea v • • �ri �' , , development of a Res -piss Of app rod merely 25,100 movie kti feat Pursuant to Resolution No. BS -112 nNo. 85 -112s N. Developer seeks assurances from City that the I various uses add all ildings of all pbuas Of the Development which - ware aypreyed Is Part of the Paster plan will be subaaquontly , ' allthorlied by City subject to design review. ' I As reflected in Resolution No 85 -111, City bag expressed concern that subsequent. development of the property may Cause an over - burdening of common area parking By this !•.: Agresmtit, Developer and City have agreed upon an alts rn&tiva to f.• Conditisu No 3 of Resolution 85 -112 inferred to above and have r agreed upon an alternate manner In which any Overburdening of •` - parker, facilities to the development will be I solved ' g o J Government Code Seetiads agreements9 5 authorize f into binds City to enter into binding development agreements for the development of real property within its jurisdiction with persons` having legal or equitable Interest ld such real property _ ! M. On . 1905, the City's City •.' s Council 'adapted SC[ Gr ]nom ante approving Wald development ngreenenc, and said dr a� becalms effective on , 19a5 ' 00". TNGRffORf, in consideration of the mutual covenants : •'i t'• and agreement, contained herein, and other good and valuable cona:deratlon, the receipt of which is hereby acknowledged. the a: CSes de hereby agree as fell,"; 1 rind/na Sffect of Actee"pt The A9wsmant pere"re to the property as deaerite7 in t.hlblt A•. The burden.• bf the Agreement are bi nding'uaon, sea the eeneClts of the Agreement Iaute to all au cce53 is 10 interest Of the parties to the Agrertont. - 2 e I nsAlo of the Parties. It in hereby f ly LO specifics ad era ad and acknowledged that the Development 1, a private project and that neither City nor Developer will be - i deemed to w toe agent of the Other for any purpose whatscevei, ,rJ; a 3 ;pf raetruc lure and Dedications It,la hereby " .t acknowledged t aattOeveloper nos been requited to construct all lnfnsttucture dscessary and public fac)rltL9s for the Implementation of the Development In connection with and as part':•^ TT.... Of City's approval of Parcel Map 0202 City therefore shall not k� k, require Cevnoper to cohstruct sly further public faclljtles 'y sod /or Sn[rtet ructure and /or to make an) additional dedications l.,t. escape In satisfaction of any conditions to the approval Of b.: Parcel MAP-S303 5•' a Term. The original term ('Term•) of the Agreement `f it .I 1s five (5) years from the data of execution, during V the / ro e development rights and privileges In favor of Devel ops[ smell M'. 'n IC vested as at forth In thle Agreement, provided'that lortalDj" }w*i '• portions of the Development which are completed during the, arm,, ' the rights and privileges set forth herein with rnspaet to such .k7�t --1 ,I+ developed portions small remain in affect Co[ Oarpetuity. q} ,. rollewing the expiration of the Term, it to hereby ackngw ledged' and underatOOJ -� x, y• r pi Ql 3'oF„ I',jr• 4K ,..r■ -• q1' ^r ��C7 Y- • ,�`y''1�_i- ',.��2'�.^�•j.: �12., V �^' j• ,,�j�Y�.r -.r� •.�y1: . 1 r •im qi;� _ Vii. by ' x'�'W 1+ ti i ;; ,� :�I'+ : :xr i.fs�. •[ , /ii "`.k'•-.,:'..I,-,w.- ; ,�7�"- 'vfri3' + :.";[;5M�i a►_� 't•F Y• S that with ,[a aped to any undeveloped portions of the Develapmant. -'4'A �o[ which a valid building pernit has not been Issued. Clty'a °_: 1; than prevailing zoning, are avid devetPPment Code*, ordlmnces and ° [equlatlona.zhall apply with full force and effect with [aspect to nch undeveloped portions. r S pews torment Ao V. t. Nothing Sat forth in -this Ap[aameat shall be deemed co requ ra Developer " say successor of developer to complete the DnvelaPment or•any ortion thereof, ° PcPvlded, however the following development cr!te,ts *hall apply with respect'ta the Development during the Term, -(a) permitted Vets P! th P Sf- 'The Pattie* agree that the uses of the Property as shown on Exhibit •D__1•, attached hereto shall to par as sd (b) 22, ��. ar ens ��(tas�� The pe rtlu agree that tM maz7mvm OAHU or nte&m t 'cc uae of the Property will be as set forth "tn F-hibit •h _t•, attached hereto G (C) It PJJD, The nib Plan for the Dwelopment '-,,•� as shown 7n tzh hic -e -f•, attached hereto la hare7y approved • , (d) sfemm HH ght of Pr000aW bulldlnas, rhs r,t parties Spree that e ma•lmum he ght o[ ..l SSd buildings aha 11 be as get forth in the applicable zoning. use at development codes, ordl na ices and /or regulations of City - } which are in effect as of the date of thin Agreement �yv 1 Notwithstanding the foregoing* it IS hereby understood and .Ckfl wledged that to actual size and layout" _ Of the proposed Ouldldgi whawn on Pshitf�� 1 -2• require a degree at fie albltity to aetocrmdate ma[&a[ co ndl tlons, the �. requiracents of tenants and/or purchasers and other I davelopmenc factors Therefore it 11 hereby agreed that L *,eloper shall have the right to make changes In building footprints, and to add to at subtract from the Precise size of the proposed buildings shown on y -hihlt •e -2• upon thr fellowinq terms and Co,dtiona: davelo (a) the total aquas tootaga of and actual i pment shall not eacead the total square footage of all buildings In the Derelnpmant as shown en add sub loet to the terms of gehitlt 0-1•r (b) p•eking for each Pwpdaed,bullding abe 11 be 4 {; provided to sat at-. tbu parking region fat the uae intended +•P, for each such building which are required by the terms of S+' City's zoning, use and /or but iding cedes, ordinances and /or ,regulations In effect.aa at the date hasao!L,and A °v '(C) the location or such Parking Vhatl be provided re conformity wlalt all such codes, ordlnancea� and /or regulations. 6 Qgslan gevlew. Nothing set,fcrth harem shell '•a+ 5_ impale or interface with the right of City to sand, :t Its 1 davelopmenVdas lqe review o! "any building proposed lo[ tba Dare lopaene pursuant to Chapter t7 06 of C1t2's DDVataPwant Coda „�hdX -3- T A L I Provided, however, no such rov$" shall authorize or permit ci to IOPOBO Any canditton and/or withheld approval t I 1 0 841"ptaposid A building the result of which would be inconsistent will, any term It or provision of this Agreement. 'Packing. it it harob- agreed thai n ot"Ithstfrusing anything set forth heroin and notwithstanding tar rt,ht, f.City to iMPoAe conditions with OsPtct to porting pursuant to jts,e a tfdasiqn reviow,.of any portion of the C, 4 vo lopmen DWI all 183uss partalning to alleged overburdening of parkotI no,facilitten within the DOY6101nalfit shall be received pursuant co the terms of this Agroament'.'L.0 , City may not impose or att"pt:to Imposo oar additional parking requirements and/or restrict the Development of any portion at the Development es 's- result OiT&.Y , Ilfgad 'Over-burdtntng- of the Parking focilitlet:wlthla the Development And the City4a 3020 remedy in the avant of such alleged aver - burdening shall to as met (oath below. It is hereby further agreed that by the execution of this Agrooment.1tho- - tar" I P't and crindition, of Condition go. 3 Of R430IUtIGO 65-112 ate' I. -I. - cupalseded in their entirety And replaced by the term- or this., $sragraph 7 (a) 44"1' City Planrir Co l ulqff no. or t1fl;q21tfi2,; 2fi�.2�2gt t there ills.'' 'Cl XT'o I hall the exist oft Overuse Of'th* parking f-cilitles. City's City PlAnnOt ah&ll notify DOVOIOPOC of such bolter and thirty (33) days Of the delivery by City of Such �ithin, Ct adios try-@ City Planar and Developer will select.a mutually satisfactory traffic O49iflGO1 to study the traffic circulation and Parking,us, within the development as of iuch", data at DOVOIDPOC's Sole cost and expense. In the avant .1 City's City flamer and Developer are unable to agree upon a I • wtu&IIY satisfactory ttOffic,enpinAer within fiZ rose (L5) Jaya Of the expire iron Of such thirty (30) day vi led, City's j Al Planning Commission shall selOct,s traffic onVirear, who 7 shall proceed to Prepare • traffic study at Dnv*loper.l a sole .1 oat and expense The traffic anq!naoc selected pucauant to the procedure set forth heroin 11 bbtefnsfta-. referred to as the 29inetz". rm,sloper shall have the fight to reasonably contest the term and amounts of any psymAt to the engineer an o court' af crompate't Jurisdiction following completion of process VQcG2s set forth In this Pa ragrapil 7 It (b) F..trict .3, matinee It. the event "or a an over-use of parking r As data by the ng� cwIng,. no., that ,at t an facilities exists, the Z491"oor shall report his find1cqs .0 the Planning Comi3aton An UrLtinge uhick, mar, In Its I wl JINCIOticn, *or UPOA the ."IndiAgs of the Znq near by Z restricting marine* screentngs within the Thestgr�an . non - national Lotld-r weekday.; provided, bowevar, 11nI am avant shall the Planning Caamissi,n be leAtttl*d to impose o,, V08tViCtIOn an such datires,iso with fespact to UX one (i) negative tr&ff1c`stu0r which shall exceed thm'dolatfoo of (2) matinee screens per f non-n�ktional�halid&r'�eakdar., 11 'A appeal to city's CitylCounctl ZUCSU&nt Decisions of the PLanota Corrstssion shall be *subject to codes and /or ordinanc.;s. Wcitr'sappl csbie, (c) Rg.tion or on-' el M on 0 to W +f en restriction lasted 1n �b), s;WO-e two-poxed by the Plannisq- -4. YX Y X MV, AAR":,1 l..kf `;/ +F' fr`1Y +. _ + .Aa• +yam �-+ _ 1 •• t Y �ta` r r. ,- r \ v •�� !-b.e t1 -r Z,+ COMMISSIOn, the lostrictf on shall [stern !n`[ulh retie ar+d ;b 7�'t' effect until the Planning Cotmisslon date, minas that tM- ptevfously existing over -use problem he, been seaolved, based, w �•• upon Such reasonable evidence as may be Supplied my Developer City hereby agrees to promptly review any such 2 evidence and not to unreasonably withhold or-delay its t' consent to the termination of any previously imp�osed rosttictlon It is hereby further agreed that !n the event ^• City shall impose the raattictlon listed In (b) above, City shall not be entitled to order toy additional tca£fIC studies �' or Impose any additional restrictions on the Theater use +for r•t a minim three (2) Month period following the tffective date a[ anmuy restriction. f +" 6. ua Developer has had and continu:to r have the right to sail, assign, of :ranter all of, its inta'*at L in the Property slong'with all Its right, title and interest !n ee and to this A7reomant to any peram. Clcm o[ eo [pou CSon my } time du[!e9 the ism of this Agcagnnt without th+r consent of , City. .F 9 pe rlodlc Pwf.w of Cem !an }' ' Cove[tm,Ont Coda Goctfon 65.65 1, .ne— Ci[y Planneraaflaty•ahelln v '� + cev law this Agreement at least once each calendar year hereafter. to [. At such pa d odlo reviews. Developer, caret demonstrate ts 9004 faith compliance with tLe terms of the Agreement and- { di lll 9 pursuit of the Implementation thereof to ACE' or Cancei�j�� The AQreteu nt maY be a+cen0ed r or cancallW n wT ho ta,or In part only by mutual consent o[ the parties and In the manner provided Sn Government Sod. Sections 6586., 65867 and 65861 5 ` Il. (! • e Unless amended or Cancelled al provided Sr. rho pieces ng Paraguph, this Agreement aball 7 continue to be enforceable by an,.- party to it, notwithstanding a Change in general or specific Visas, raging subdivision, bulldint� or other regulations adOPW by City which altar or awed the rules, regulations or P0114tes applicable to the Development If , as a result of the less, regulations or <ctfona of yederel, State or other local agencies, compliance with this Agreement to prevented or precluded, the Dro visions of this Agreement may be Modifiednor suspended so as to comply with such laws, regulations 11 �/ Ur 12 i$S).S.OV. My notice or instrument rage ,I ad to be given o[ delivered to either party to the Agreement may be given or da ilvered by depoa5ting +, the mama In the United States mail, cart l f led mail, postage prepaid, addressed tot #�r lr Cityt City of Rancho Cucamonga :, nr �• 9220 Baseline _ woad,, Suite C P.0 Box 001 Ranebo GYGmongb G 91720 At[entlont l City Planner ` }* 1•4C Developer: °O C/A Ltd LL- 1501 Quoit Street Newport EAlto$ Beach G 92660 Donald e. Ch[lateson @2 t° •, r V`YEr �• .}_77Y,ep;+"��fi7 •f8- .?^C5: -'ti:: !1`. �; At -dt:i -.i:N � u5 : �o Y h. M n• T t `4•t �a. r • notice Of a change of address shall W delivered to the seas .Annet as any other oot.ca provided herein and. shall be " Of factive three Gaya after sal ling Dy the above -dear r ibed Procedure. 11 Atto[nsrs roe and ¢ to the event the any carer nereto 0[inOa any •ct nn, su t, +rDlt a tram or other "Item Ing agalnst any oche, patty hereto arising out o[ or any to t subject eattat of this Agreement, its validity or any o! the farms o[ provisicnt thereof then the prevailing patty In such action, suit, at ltratien or other prcceading, shall to over Lr.a the other party its reasonable atto rn.ya• Lases and coats lnniz red is connection therewith. Said attorneys- fns aAall lnc lode Such to for prosecuting or defending soy appeal and snail be re. verable, and shall be awarded for any fulllemantat full proceedings until the final Judgment Is satisfied in occurs, irreparable ha breach rm is 1t1.elY to occurto the tnon- breaaching' Patty and damages may bas an Inadequate remedy. To the extort Permitted by law, tnerefore It is expressly recognised tbat, specific enfortment of this Agreement fa a vtoPer and desirable remedyY. It Is further a• fed that City shall have injunctive remeI as with respect to the ca7satian of any matinee or matinees pucUant to the provisions of Paragraph 7 hereof 15 ¢nttre Aarmermn . This Agreement and the exhibits herein contain the entire +gteesent between the pa[tiaa, and is intended by the parties to completely state the Agreement In Lull fny agreement or ten[esen• tlon respecting the me tress dealt with he_etn or the dutlea .f toy party In relation thereto, not expressly set forth In this Agreement. Is null and void. is ab i If any term, provision, condition• o[ covenant o[ th a Agreement, or the application thereof to any party it clronostances, shall to any extent.. be held invalid or unenforceable, the remainder of the Instrument, or the SPPllcation of such term, proof slop, conditioc or covenant to Persons, or circumstances other than those n to nhea or which It St held Invalid or unenforceable• shell not be affected thereby and each tars and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by taw. one c[ more counterparts, each 0f which has room been an In original, but all of which to no tit. to one and the same lnstrwaoht LN WITNESS WHEREOF, the 9nderrigned have executed tlla Agreement as of the day and Year first above written. Attest: CITY OF RANCHO CUCAMCNOA MY cl.ck '— ayl Nayo[ ISICRATVRES COWrtNOE01 -s- 1 a .i „x•, 6Pec a Caunae : r sy, fi C/A LTD„ a California limited partnership BYE winery Trading COMPAnY• a ., Cali fornis general partnership, general partner 7T: ,Virginia Dare winery prcperty Corperntion, a 1 California co[POrstiOn, general partner , By. ]aN d ahr eta eon ” Prasidmtt BYt w I am T eta •,••� NsCsunt Secretary TNC jCwn PAATNCADHIP, a general partnership Br: CIC IT, a general Partnership. genera: partner By: Its$ Edulld' am tenant r., g@St tot a California thapo rattan, to tenant Wan ary 25, 1735. hereby esecutos this S that certain Lease dated •anuund Apnament to acknow taags Ib underaundln] of and egieement with the terms and conditions of We Agroomant 1(_ a CDNAPDB THCAMS CtCCOtT, INC.. a W +, Ca llfornl0 cccvzatton era J er: Ica: ;. s _: I V1 �aCtj�yX.'CS° a�• , ,t Y. : SJ , I 3 /, � 4 ! f T,iL;�Yj� � L �1e. Y i{,'G a,y,��i.�I5, �w1�,_+ tr µyIQ. 9T. t r •^-" n.tV•r*c. 3.,,"..a i! f! 4 { i a` SThTX OF CAGIFOPMIA ) i' MILly O7 ORANGE ) as \ •y: ,r Notary Public this an Car of 1986, before me, Y ��or s•td blots, passant ly oppa ... d knOvn to me Of proved to me on the j, 4' a of vat sL..t.rr Cvidanto) t0 be the person "0 GAeeuted the � vilhin lnatrumunt ae the Mayor of the CITY OP RALCMO CVCAMONOA, • f central law ounicipel cotporatlon:"and arknovledged to " that such 9enerAl law municipal corporation eaecutee -he sate. WITNESS or bond and official veal / Motatr wb c STATE Of CALIFORNIA CWNTY Or ORANGE j ae Jn this day of 1986, before mb, a Notary 4vDlfc in .n- [Ot said state, Petsons lY aFPOared Rnoun t0 me (or Proved to me on the w v o Not staCtorr evidence) to be the Pebon who esanutad the ultPin ibstruca•nt as the City Clark of the CITY OF RANCMO MCAMOR9A, a general law �UAICWal cocpotatlub, an. ocknrvltdgad to ad that such general law nunlclpal corporation executed l'he arms. 1 wI111EdS MY bend and official seal ;{ Notary Public `t y. j A Ni is': STATE OF CALSFORIrIF ) � - ) as COUNTY Of ) ✓' On th[g day of In the year before notary Nnlrc In and for anftl Ststa, persona5r(y i appeared and personally known to ms,(cc proved to re on the bas e a ut •Caetory ens ldenca) to _f Persons who executed tut within tnat"mat as respectively, on behalf of the COrpOCxtTc0n therein named, and acknowle 9 to.� ma that said corporation executed the with L. instrument putxuant to its bylaws nr;a tesOlutica Of its board Of di NCtOra, gold corporation being w known to me to be One of the partners of the partnership that executed the - thTn—njtnusent said pTttnerhip' being known to ms to be one of the partaars of the Pattnaeshlp'that executed the w th n nstrument, a� acknowledged to me that such eerporation oseeutud the Sou, as such partner and that such Partnerships alao egseuted the ague. , WITNESS mY hand and official anal Notary Public STATE OE rar.IFORNiA ) go C00)rre or ) _ on before ". AtNobry NNblie In i fnd —odd State,! the yu[ , 5, Personally appeared n t( personally evil kemm to a he Proved to an on toe On la of eat sfaTCOry evidence) to be the and personally known to N or proved Cp a an the Du s o •at.Zrctory evidence) to be the Of EDWARDS THEATRES CIRCIFIT, INC., the corporat on that executed the within lnetrumsnt, and acknowledged to m that Such corporation executed a the within instrumnt pursuant to its by -laws Or a resolution of Ira board of direetcra WITNESS my hand ar4 official seal '- V.! , Noti[y Yub3�C t iL v e, 1�� ft .. _ ._•r .,,, '' �j� ,.eta• -rn��{{ � a t .l 4- LN L DES CR IPTIOR•OP T". PnOPERTf / �} Lot •A• and Parcels 1 through a, inclurlva. and Part sla 6 through ! 9 i1K'IuSive, of Parcel 118P 6700 as show, an Nap recorded in Dook 11 01 Parcel Maps, Pages 76 through 79, inclusive, Record, If San Osanard[no county, californ:a. 3 tr �� LOIIhIT •A• IZ {ib. •r C t r, W, 1, It to acknwl*dqed that if the "I It Parcel 2 is con-,ectod from a restaurant use to a retail or office us*# the xu�i-vA square footage at Parcel 9 suy be incClaced to a size whim IJA&II be the Baximus` Permitted Bill order th I CitY's zoning use Wd/ar building COdOO as of no date hereof, based upon required pa,kin. aartoe 363 RX'RIBIT -8-1- 0, acmmsinm or use, PARCEL I 35,500 square feet PARCEL 2 rkdstaurant/Rctail 6.00 square feet PARCEL 3 Restaurant, 7,500 square feet A tell, 2!500 square feet Toral. 10.000 squire test PARCEL 4 - offic./rinanciawmetaii 14,000 square feet PARCEL 6 - olticalAetail 20,000 squat ( a feet PARCM9 7 and a - Cineou, 23,168 q"ro feet PARCEL 9 - Office/Rac aUrant/sAtaij 66.230 square feet MIAL, 170,936 It to acknwl*dqed that if the "I It Parcel 2 is con-,ectod from a restaurant use to a retail or office us*# the xu�i-vA square footage at Parcel 9 suy be incClaced to a size whim IJA&II be the Baximus` Permitted Bill order th I CitY's zoning use Wd/ar building COdOO as of no date hereof, based upon required pa,kin. aartoe 363 RX'RIBIT -8-1- ......• EiRlig-2 iiI.MT, M, . ]I m E f I is 11 RE JLF� 11 UF CaMIE ",all, llu� EMBIT -B-2- Ile. ( ORDINANCE NO. d 9 S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONG?, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND C /A, LTD., AND THE PJVER PARTNERSHIP, IM RELATION TO THE PROPERTY GENEFALLY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE The City Counci, of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council finds and determines as follows: A. Government Code Sectiuo 65864 through 65869.5 authorizes the C••ty to enter into binding Development Agreements with persons having legal or equitable interests in real propert; rte• the development of such property, B. Three copies of the nroposed Development Agreement between the City, C /A, Ltd., and The Tower Partnership are on file in the office of the City Clerk, and the same are public records of 1I City. situated C tl+n The pry -" "d Development Agreement pertain to real property City and described as follows: Lot "A" ant Parcels 1 through 4, inclusive, and Parcels 6 through 9, inclusive, of Parcel Map 8303 as shown on Mep recorded in Book 95 of Parcel Maps, Pages 76 through 79, Inclusive. Records of San Bernardino County, California. D. ,ne City Council has held a public hearing on the proposed Development Agreement and notice of that public hearing has been given for the time and in the manner prescribed by Government Code Section f5867, E. The provisions of the proposed Development Agreement are consistent with the General Plan, and there is no specific plan effecting the prnper•2y subject to the proposed Development Agreement. SECTION 2: The proposed Development Agreement between the City, C/A Ltd., and —M TTa'wer Partnership, referred to in Section 1 above, is hereby approved. On the effective date of this Ordinance the Mayor shall sign as many copies of said Development Agreement as are necessary for the use of the parties, the City Clerk shall attest to the same and shall deliver ene fully signed copy each to C /A, Ltd , and The Towar Partnership. SECTION 3: A Negati•,e Declaration is hereby adopted for this DevelopmenLAgrement, based the upon completion and findings of the Initial Study. r SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause a same to he published within fifteen (15) days after Its .q passage at least once in The DanlRe�oorrt� a newspaper of general circulation published in the City of California, ;t ntar n, and circulated in the City of Rancho Cucamonga, California.� ,pr / ' t APFWAVir OF suuicano►i " 9^L9TEOFCAL1PpPNLA =00UNTYOFSAN'. ERNARDINO , rs -y. Linda Parisian am � kB+l +tlatsg dit'L4 THE 1?AMY REPORT, ' dagy gof 94-wal dtCWat(osr yndlEhoO in tn.1 Qty Of Ontario, t5�wly and State a(oreee(d aw tkst:t2he att&clyd,adve eln6nt a YY of ItoticM of Public Hearinq Rancho cuc ----- City council VW Fa9Labsd In said newaWper _ or's (t) time a "r towlt: July 25, 1986 �!#iI �%y �' Peery � yerltur tMt the Jaregotss la trnc end J)ated at Ontario, Call(an1A Rda 25 _ of r July 86 4 I m CITY OF RANCHO CUCAMONG,A STAFF REPORT DATE: August 6, 1986 ul TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Dino Putrfno, Assistant Planner SUBJFCT APPEAL OF PL.I1MINfi COM!ISSION DECISION REVOKING Meeting a � n e RWr&- nnMstrla is r c, (Subarea 3) located at 8751 Industrial Lane - APN: 209 -031 -74. I BACKCROUND: On July 16, 1986, the City Council directed staff to Prepare a esolutfon of Revocation for Conditional Use Permit 84 -14 to be brought bask to the Council at their next meeting for c.nsfderation 11 ANALYSIS Since the last Cif meetings" with the Foothill Foreign Wars to clarify the f July 21st meeting was a Teti parties agree to resolve tl prescribed (see Fire District of this report the Fire Distr made an extra effort toward r that the matter will be resuli on August 6th This inclu( installation and Inspection of r Council meeting, staff had several 'ire District and the Veterans of re safety issues. Tha result of our r of agreement signifying that all : pending issues within the times etter. July 21, 1986, attached). As :t and Veterans of Foreign Mars have solving this matter. We anticipate :d prior to the City Council hearing !s approval of all subject plans, the Me safety system. III RECOMMENDATION: Staff recommends that the City Council approve the appea or on ftional Use Permit 84 -14 if the VFW has completed Fire District requirement compliance. However, if compliance has not oeen met, it is recommended that the City Council adopt the attached Resolution of Revocation thereby denying the appeal. �tfu11Y submitted Bra Bu City Planner BB:DP:ns Attachment: Fire District Letter Fire District Plan Check Report ResoLdion of Revocation .347 Roth fill Fire PROTECTION ION DA5MC r P.O. 90x 75 • 6627 AMETHYST ST . eANCHO CUCAMONGA 91701 plel 9t7 -2375 July 71, 1986 Air. 8or17es=W=1-A"fV#% Veterans of Foreign Wars Past 8680 8751 Industrial Lane Rancho Cucamonga, CA 91730 Dew Mr. Barnes: This letter Is o statement of agreement to resolve the fire and life safety problems at the Veterans of Foreign Was building. Yarn signature will signify yaw agreement to cooperate by meeting deadlines and other conditions as required by the Foothill Fire District. I. Within ten days submit .r aule floor plan for our permanent records of the tenant Improvements. With at V drown upon the plan. 7. Within ten days submit o letter stating there will never be any frving In the kitchen. Please note In the letter, this ban Includes portable oppllances, such as electric sk, l+ts, Os well as the standard kitchen stove, or any frynx 3. vilthln ten days Install the door In the south wall of tta bar as rated op upproved plunr. This door will hove panic handwore and no other locking device. This door will have an approved exit sign over It. 9. Wlthln Od2ys resubmit the fire alarm plans for recheck to show correct /ern Of Items a and 5 ca the consultant's report. 5. Within ten days suLvnit written certification from the fire alarm company that they have Installed a 100 declble fire alarm system. This Is a tempor• y arrangement to allow enough time to do an audibility test on o hand playing In the room. 6. Withla 90 days condvct an audibility test to take 'worst -case' test readings of the loudest bond that can be expected to perform there. 7. Within 30 days of the audibility tst, provide and Install upgraded clarm equipment, If necessary, as indicated by audibility test results. . ref Y Veterans of Foreign Wan Post 8680 July 21, 1986 Page Two Compliance with these requirements will allow the Veteran of Foreign Wert to contbute operations on on Interim bads. It will not negate other fire and life safety concerns y which may be addressed by the Fire Marshal In the future or on subsequent Inspections, The Veterans of Foreign Wars should be aware that there may be .o requirement to .i ln:to!l automatic "re sprinklers in &dr building to al /ow t&m to remain there Indefinitely as o public assembly in o nonrated building. As noted and agreed upon this date, July 71, 1986. Susan D. Wolfe, Inspector (� Foothill Fire District t Mr. Barnes, �1��CQemmaa�tdmCr Veterans of Foreign � Brad Bua[or, _ ' Rancho Cuca ,,LLvcamongongo P1oV1ngCepartmdd1.,t sowltt 5 , • i �. � � srf'��I lk .t Dined 01 h, f PtAb CN[Q / f1Dre. OC=ARC: TrFZ Foethill Fire SOME meag PROTECTION EC'1 ION DIS 3 d�$"E' PLAN CHECK REP O�"RT; PRGJECT MN1E- t ^ 7RACT-iy�7j ADDRESS /LOCATION tt 'sl CONTACT FERSONy ^'en Ymf1 ,— ?HONE OAtE - I.n.92m Kt0.'�t_ no outoatte eprialer gatents control. ehrll M elaeteem1ra117 FnR rwnmm ramt+r AND ®ate . d - R la- 11 -tla. building In) stall he mtettatl faWlatall Fiere fLr u411 be c itlo1r 00. At • Xfolr was eawletim M lM rttal mum. , m rdlou" 117 residual pre amr,'of 20 Eel, for . duration of . l botu t. WC-10.Uh for the pmuntton of ".Um crate. 7bree sets of pi ^r • Aaftal fie floe 4e ba d.GralMd to b'•&kd&jM4;lw. to ln.tallatlon. • 2.g 2-f,. �nD fire a ingol.Mn vlll be rvrAtal, during contructloa 0►d I0301(b) erytpment of /a2- nev is required. - Plan. 9411 be Gab dtW 5/C Ia.j i n . BT. 101 flteratlou Or desoltttoo+ud upon of T. Ap 94 fire Wmata t2- required (Sent attanbd)• A 1hur F/D Ordlnaoea 110 building. Sb fire department .411 be ntlffa prior 'tile CM T•19, }29 f-mpetrF a' tM ,building(.) for app"ral of au., tfpa. a. will ud 4 pDt� serif' W ft.] 1..paottm. mtlaa la.. Fir. atlegaYd.ta mart 4 enacting y . C 6. A fire clam min a required. mrse eats of plus tea lic.aad * tte Rate M ourabal valor b leastallatIm. ndl. "t chest. .M11 M submitted W W fie, datartrt fee 1,W-QOmnel+C to autsatu fire wivelcr efatn(t) la- requlra. Plana m ", 2-609, ?1009 mMre of all eopuaeu toll be provided W tMAfin _ = 10.1D9 .]all be subatud u the Mr deprtuant, tMyl, them WiUla{ = T•pb, a 2-1'1 d"azt t, for .7yxvnl prior to aptatlatim. 9.Y1IC Lade rill b regnira. Dee atutba suadiN.`�tl /92- 'sl nD O dlann 110 I.n.92m Kt0.'�t_ no outoatte eprialer gatents control. ehrll M elaeteem1ra117 IAC 10.709 wpvniana. Conn tau of alarm plan [ad not ebeea ghU be su4itW W the rim d.vicepaat for rptaal prda Y la- 11 -tla. building In) stall he mtettatl faWlatall was eawletim M lM rttal mum. , S• O�LC An aufdtte fire axtlmu .hing spun aMU be itioullet n WC-10.Uh for the pmuntton of ".Um crate. 7bree sets of pi ^r 61-11 he tuMltbtA to that fire devaet_ . for applral palm ii to ln.tallatlon. • 6.. 7LL� An colattla tare ertinvubing mNm far, promotion N 0►d I0301(b) erytpment of /a2- nev is required. - Plan. 9411 be Gab dtW U time Ma deyvtmt for nppmcl prior W lectallatla. Y T. Ap 94 fire Wmata t2- required (Sent attanbd)• A 1hur pl'D aataeailb— mtem plu. .homing both Waite[ ud proW.a •uaua .0 '• RC 10.701(9) 7pdnuu .M•. M m43Lu1 W t4 fir d.p.roaat for eprwtl lMIN plan Tire see ��t marts. (tint 14 will ud 4 pDt� serif' W ft.] 1..paottm. T 6. A fire clam min a required. mrse eats of plus tea ndl. "t chest. .M11 M submitted W W fie, datartrt fee 717•Cb rite B appm"1 prior W laacllatun. But* rim i1..M1 hating m ", 2-609, ?1009 mMre of all eopuaeu toll be provided W tMAfin 2-1067 a 2-1169 deparMmt. A.r 9.Y1IC Lade rill b regnira. Dee atutba suadiN.`�tl /92- TI36ra�Toarci )A— nme w abets r + • "to } 0. building an".. (m don") or t.'and Elam pied,,°,fe W � lnn�Td— flrfign -ere Wits M required 9rtU 1N lineal f"t,ot Wtafsr va11e fuing aerea (lee., readay, Prt1ad tat, fir l2-. L i Y ti ^ atc.) gcaug 6411 M a am<r I[O bite" fat don. :• mbvaug hl0 piul abet. , . r�' » r { rt:iY • . s +. tr•.� _�.a�aacZ�t'Y_.1v :; r_. . %t')•Frr`C2�s?' -"n' .. �.yn._ ._ - -: •:. „.....�Fl : >• ?;k[t.°. �? 'sl r00TICI2. RNN PN7f2Tl(a DI6IfIC7 �' P�13 PLAN CHECK REPORT � taY••��1,..,�,G1 � !/rY(�...� � 11 p_•• ^P.Y. py Appnred exit sign vtll be mulred. sign color .tail contrast U 11 with the ell., -I" l.ttere not leas than 3 /t' vid. aoG 6' CAC 121. ?3312 high. 12. '1*tt nrf. halt .1gt. *hall b llloalastwd at any it. the adIdlo, f. lRC i2T ott.p..d. Want Inteo.it7 shat! b not l.sm itan one, fmteasdle s CAC T 24. 2-7312 at floor level. • 11. n,m tea .fall b .l.ctrinil vlrcr os nit Wt elan road 1 urc az �t ltpnb .11 all In the blldlex. .mpt Wt an . each 1 bQ Ly In "eh efdfl ../ b aired tna • etnvlt engplfLa othae ' WL•tL, r ld{.�M -� fait aIV illtalastlm 0.11 " •lentrlcallr aired m clrnitt a� G'W'U ftm all oWn 1. the bullding. Q.Mt that co• • Jew •:all be .2"t:lerllr povr.i fros Storage bttert.. or e. Wtatd• generator. • ttlbl Wt Me hell b lllu.fdt•d eayt1�. the Wilding 1. orwrylM, Wei 1 VIQ light tttn.It, or not Ln@ thu me :botoodl8 at floor CAC '3`lt. 2 -3312 level. 16. Out torrid. vr11 b r"ulrad a.d ,hall b cmatnot.d to TE'Irl accardene. with tb uniform Duluto, Code. M% CAC rot, ¢-3A\ 17�tut nrrldo, U. (trllgn) nod calling h.teh aha11 seat f . • Clan if flue ."reed nttmV, 11. 4n /d Tmrticel .wit corridor walla (.tetrre s) and "tllng flnt.h �fp r24. 5i i2FA owl ant CI.e. I flea. "r ratings. 19.1tt fit eorrltor don., ftse and elwfo6 dart", aW1 b 6tato i.`..F,..C!! lid. TIM mrsta1 us, and .rynored. 20eYErt�& Out door latehing d•vl ... ... It b dente Tire Marsha! hated �t to deatWolts or o'Jrr lorain, yrle.s are allcnal .1. CAC 1 2 -7703. an goon � tC�. v➢.d •um ".vela hasdnn. :,7316.2 3317.12316 f 2.3719 tout dome .lall ,wing in the dimtlm of travel. 21 'l10 .. 1 23, 111 •dt d. In an It enclomro (mdlrraf) .he:1 We yml"t l M a fire assembly bring . fire pro. tlm rating of not I", than W. hWr. 0raaw pnt.ctty w I. raquiraf. ngmupCr IlaRr NS 23. �Y6SS(t� lsr6m0 Sighting aWali b intall for lu eras p[ tb GC '3rsw 2 -sill— iwlding, or as motel. a" apes, y}t� amnnLS en•7...w ttrc 12.ss3 - gTW.W. T71ms AND AIR C0m1 f11f12N W76NOf 21.IV//1 NYAC docile, penetrating u salt no rldor and /or it" 'all 12..205 .hall pare incelled u ."rored fire drip*. listed q the CAC V24. 4306 state fire *..hl. All da ", .hall epos Wr davl"o. rl m tfng� nine .Wall ho p.lded .w w the fire d ptmld.d to the fire d•prtamt prim t. fe.411at1m. C ' RG nm E=IC cWttsg (••• 3} � erob renta awl/or a suck. remral efttm will b'r.�nlnf: t d asn• Jenlrtastlon Shall b rubltted b the fire d.rarmmt 74'1 a Yom•— :- to ..s ., to ••1,;. v 2f. �wl�ft s a1 t1 W nyWml aM ,tali Wi •. codtnatM to � _ r . "Or orO fl'6�v mocT s j10 .ttordaer. v1N tM Unlfon Nu1141ng Cale. raanlnb rtng rtemcria PLAN ::HECK REPORT 1NUTI7t AC1lJ A✓m /Dl IRI® 27.RHr�.arrir No drabs. bonging. e.rt.0 or drsp eWor othar derorstl YIC 23.1DJ satsrlal ahall be flwm rttanttnt tratal, as am"" CAC T 24. 3.08 tha firs degrtme0t. A .sttor r9artfflog tla aq d b trammtfm proralwea $hall b.. r.rlerrd W approred bf osal shall be wbmltted W the tiro dtr.rt got for aMor fire department. TMN pnotatuts %bill tr poaUJ at a ]Drat prior W trastseat. 28• ante{. rntarla all flolrb .ball at Class Ill 12. eprawA tfog. CAC V24. Table 421A 72 gYJC 29 kfgv,u..i. nasale floe eo,.rlvp .w, .net alai.. floor ljai IOC Arp U Ir -A rstclreaate W Table IT -Aq tC the thrtform f1ra Cady. 9d3t C.IFACM= Am/W ■vA rxm esrrmam lo. �e1ma Irs NC 10. 20ra n 0Ntb, %halrmtrut HW W u color. N: 71 l CAC T-2A. 3301 Sim ¢hall to postal at a lout,. $pprv,ad b! tha IL 71 A.. arparWmt. tCC�TIfY n Oaf i wlI/lls POC .. ftm Vle oeAn Y1� 31. QfotivL trammtfm proralwea $hall b.. r.rlerrd W approred bf W T-2 3.11. 3.09 fire department. TMN pnotatuts %bill tr poaUJ at a ]Drat .pproral br the fire dep.rtmat. m RIIfIat = 72 gYJC Doe or frialdWM�1M +e2alrpd ud ¢hail o.2D9 Wlar o BVILC D LarrEvr m 33 tta baildlat ud /a taunt alerasa shall b poste/ at NC 10. 20ra croselmme loraticmt rift maters and/or leturs a awl of 3 blgb, W a contrasting color W the baclpoud, 71 A.. A dlnctorr $ball be posted at t1 ands astraors(a) to 20a IWJ"t. lbs d1rerWrr 0ht11 be ligEtal and almrlr lat11 _ from a Yrlwum distmmn a W fast Rea tha eotrmea r"." The dlrtctorr $hall lnelud,. but act b lilted to, lout, a all bulldioge (bleb stall be identulel a]pbabaclull sacricallr). .casaa dit.,,a W fin todmts, A detail apaclflostim of the diraetar .ball b. submittal W the fl deparhtmmt for approval prlO W iutalutlm. ll=mfT LL's - alau'. GrLYm 1 3 RLLtAteL [ofer.lu mqulrM. CoIat. .oa t.tvrs anelued ypll atla O CmpLtm encl"W Dwsrtl etataaot of lots lW 0a. Q Coepl.tm mcWCal gaaY.,,.. !_trrlal. Informatlm ten. FM �16 BC11PROALIj Al Fire drnrtot p1m rbset fee.. .a now Doer. ..bit,,`. M IO�Tf noes 16 pi/ W Foothill Flm pl.trint prla W .pp.,al of pleas. `•r np 0rdiusce 110 Ira • FWMILL TIM WW7'7Z m DIYMIcr PLAN CHECK RE pMz& ROR�' -• l'l7YQT 310 77. Y7orM_f,tYlty[ A fe.. .e notwl Nlw. .tll N chrsn! for rpuiM y m,iw M lunc. llU— W rll N A d to hOwn 3111 llf.trlct prrm to rsr I- p-tlm, ue:o. otAervlu s9t.d. ITEM a 783 RS �. out.It . ffe.1 site pl.. TM scsie sh.0 ha . h that .fte p184 •hall N ele.rlr ledlele. TN eit. shall pot IW I U sod .ttll CMUII WIMIol tm[prlpt., tulM idm0fle.tim, .cc.es detrrvy. sod rim tpdmt l tloa. 79.yly7Ad39� _ &halt tN follu.lpl VWS, pAll mrcts p Isod.lpfAI p Fire Wmat/ftUr Drew p OrN1p4 []Lyrlotler ftw• 663111 Al— prates D dprloller Al n )b Urf hMIC�.. ut •fete. 12 1126,fk� pa p cv7 Q — 1 .71,:- h '1 : �p nLn I... n ht. n . n -( „ •FP. tx_ 7 raPr,.'b4 1' } 00 lcmq I n. P°-�' r-� va+�/1 eis(IL' t i rl - •11 4 7>_ Pr� n0{f Odri I Ma{ i .P+�-I.-eN-4 �( �1� ��mE P/wl a 1,,. kvM rtr McAt_.{GQf�aCf� rG UO lkAa• +. / I 7. F..1 n�.. m M •i 't ri o �p�lA.eo.i. 7611 (A 1131 'IVIIt QasMM IId1ID yl IR Art m � 3SY0 ®1WIy R 1)Ilti'!m A Tm 7WIDIL 1IS IDmIIIQ y}'} MT 'I Art m- W AO !Otto AIIOR. RILL 1»sdlll.T M NA! Mlrt Ittt A9NM� Ai OlAllm C rt 7m rtm RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REVOKING CONDITIONAL USE PERMIT NO. 84 -14, A PERMIT TO ALLOW A MEETING HALL SERVING ALCOHOLIC BEVERAGES WITHIN AN EXISTING BUILDING IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 3) AND LOCATED AT 8751 INDUSTRIAL LANE, RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On August 8, 1984, after a duly noticed public hearing, the Planning Commisaion of the City of Rancho Cucamonga adopted its Resolution No. 84 -76, thereby coniitionally approving Conditional Use Permit No. 84 -14. Conditional Use Permit No. 84 -14 allowed tho applicant, the Veterans of Foreign Wars, to conduct the use as described above in the title of this Resolu- tion. Horeina! ter in this Resolution, the subject Conditional Use Permit is .eforred to as "the CUP." (ii) Condition No. 2 of Section 2 of said Resolutioa No 84 -76 provided as followns "Prior to the use of the building or business being commenced thereon, the existing building shall be made to comply with current Uniform Building Code and State Fire Marshal Reoulations. The applicant shall contact the City's Building and Safety Division and Foothill Fire District to discuss those require- ments Planning commission review twoive (12) months from this approval." (iii) On October 9, 1985, the Planning Commission con- ducted said twelve month review of the CtIP to determine whathar the use was operated consistent with the conditions of approval of said h,solvtion No. 84 -76. At said meeting it was deter- mined that the applicant had not mot the requirements of the Foothill Fire District and gtantod the applicant ninety (90) days to comply with such requirements of the Tire District. (iv) On March 26, 1986, the Planning Commission again reviewed the CUP to determine compliance with the conditions of Resolution No. 84 -76. Upon evidence of the continued failure'y1'' to meet the conditianed fire safety standard3, the Planning �) Commission set the date of April 23, 1986 as the date to con- •• f duct a public tearing to consider the revocation of the CUP. ..(r -1- RESOLUTION NO. Page 2 (v) on April 23, 1986, t'a Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the revocation and said public hearing was continued to the regular meeting of May 14, 1986. At the continued hearing of May 14, 1986, the Planning Commis- sion took testimony and received evidence that the applicant had not complied with the nonditi.on of Resolution No. 86 -76 requiring compliance with fire safety standards and, at the conclusion of said public hearing, adopted their Resolution No. 86 -52, thereby revoking Conditional Use Permit No. 84 -14. (vi) The revocation as set forth in said Resolution No. 86 -52 was timely appealed to this Council. (vii? On July 16, 1986, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing with regard to the subject revocation and such public hearing was concluded prior to the adoption of this resolution. (viii) PLI legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, It is found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolu- tion are true and correct. 2. Based upon sub- tantial evidence pr3sented to this Council during the above - referenced July 16, 1986 hearing, including written staff reporter the minutes of the above - referenced Planning Commission meetings, the contents of Planning Commission Resolution No. 56 -52 and the written and oral testimony of members of the Foothill Fire District, this Council specifically finds a., follows: a. The CUP applies to property within the General Industrial District (Subarea 3) and is located at 8751 Industrial '.and; b The CUP was approved to allow the maintenance and operation of a public assembly hall serving alcoholic beverages within a portion of an existing building. Such a ube conforms to the development standards of the General Plan and Development Code of the City of Rancho Cucamnnga and is a permitted use within the Gonatal Industrial District when authorized by a Conditional Des Permit; -2- RESOLUTION NO. Page 3 c. Evidence generated during t:.o above- r3ferenced Planning 00mission meetings and public hearing of this Council reveals that the applicant has, for almost two years, failed to fulfill a basic condition of the CUP specifically generated to Protect the health, welfare and safety of those pvraons and properties on the immodiute site and adjacent area.. More specifically, the applicant has failed to fulfill Condition No. 2 of Section 2 of Resolution No. 84 -76 requiring that the building and activities conducted thareon comply with current fire safety standards. Based upon the evidence produced at the July 16, 1986 public, hearing, the applicant has not fulfilled those fire safety requirements, including, but not limited to, the fol:owingi (i) The failure to submit and receive approval z for a fire alarm system plan for the building; (ii) The failure to install and test, under actual conditions, an approved fire alarm system/ The to safety devices within the building, includi17 panic ichardware for the exits and fire extinguishers; The the existing kitchen) facili tiesuwillonotbbet Used oinaanyimannert contrary to the existing fire safety standards of the building; and v failure submit floor building describinginteriorimprovementswh ichineet plan ie safety standards. 3. Based on the substantial this Council during the above-referenced vJuly c16, 1986 public hearing and upon the specific findings of fact set forth in paragraphs 1 and 2, above, this Council hereby finds and con- cludes as follows: a. The operation of the use authorized by the CUP does not conform with thw conditions of approval as stated in Resolution No. 84 -76; The a beinC is inconsietent with theGeneral ePlan c subject and DevelopmentCodeiof the City of Rancho Cucamonga with regard to compliance with fire safety requirements; and c. The to this id4ntified subntantial evidence effects o£uthelcon- tinueo operation of the use on the subject site by exposing %e members of t public on the subject site and in the immediate + vicini_y to fire ha -ards. -3- �� r RESOLUTION NO. Page 4 4. Based upon the in paragraphs 1, 2and3 above, this Councilnherebyn forth revokes Conditional Use Permit No. 84 -14. S. This Council hereby provides notice to Mr. MATT HOGUE' post Commandar, Veterans of Poreion Wars, Post 0600, that the time within which judicial review of the decision represented by this Resolution must be sought is governod by the provisions of California Code of Civil Procedure Snction 1094.6 6. T):e City Clerk ib hereby directed to (a) certify to the adoption of this Resolution, and (b) forthwith tranrmit a certified ropy of this Resolution, by certified ruail, return receipt requeeted, to Mr. MATT HOGUE at the addreae as ref:octed in City records. 1986. PASSED AND ADOPTED this day of , -- Mayor "— I, REVEAL: A. AUTHELET, City Clark of the City, of Rancho Cucamonga, do h, taby certify that the foregoing Resoly tion was introduced at e. regular meeting of the City Council of the City of Rancho Cucamonga hold on the day of 1986, and was finally pms•ed at a regular meet ng of the wry Council of the City of %cho Cucamonga hold on the dal of 1906, by t+: following vote; -- AYESs COUNCIL MEMBEROr NOES; COUNCIL MEMBERS: ABSENT: COUNCIL MMU3ERS: ABSTAINED: COUNCIL MEMDZRSm ATTESTS C ty Car of teC�oT —` _ Rancho Cucamonga ° 'r n y `' t a a CITY OF RANCHO CUCAMONGA STAFF REPORT 1. • DATE: August 6, 1986 •' TO: City Councli and City Aanager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Assistant Civil Engineer SUBJECT: ORDER Tu VACATE THE MOH- VEHICLE ACCESS RIGHTS AS DEDICATED ON t' PARCEL MAP 4029 LOCATED ON THE EAST SIDE OF ETIMAMOA AVENUE, SOUTH OF SHASTA It . Dor. Shipley has requested the vacation of the above- described non - vehicle a cess rights in order to obtain access to hir property from Etiwanda irenue. Mr. Shipley's property is shown on attached Exhibit `B ". The non - vehicle access rights were dedicated to the City on Parcel Map 4029 as shown on attached Exhibit "CO. At the time of recordation of this Parcel Map, Shasta Drive offered access to the parcel. A Parcel Map waiver was later recorded dividing the original parcel into 4 lots as shown on Exhibit "B ", thus creating lots fronting Ettwande Avenue. The northerly lot takes access frm Shasta Drive. The center lot takes access from an easement to the property from Shasta Orivt. Mr, Shipley would prefer to take access to his lot from Etiwanda Avenue and is requesting the City Council approve removal of the non - vehicular access rights. It is recommended that City Council adopt the attached Resolution ordering the vacation of the above - described non - vehicle access rights rind directtnp the City Clark to cause a certified ropy of this Resolution to be recorded f Re pectful vv suhniltted, L Qy . Hubbs' // Citt ngineer d LBP,.BK:ko !•`. At achoents x'Cr s f�_2r r, W": wrw� rr top } .... .w• it I I .f.��__` � �L I Access to be removed t _ I M -_ M. CITY OF RANCHO CUCAMONGA LNGDMMWG D moll 1rM&E,VACATION OF ACCESS RIGHTS Tl17:E; v-o5o :? EREQBIT; 'A ;t 0 1 '• 1 k� T 1 i i 1 I 7 1 I JM I" ATI�Y q 1` -4uk' It it 1 �- - AM9 M�� 1 NM ffMIIW� Y 1 i N , 5 �. Cn l OF UGH SHIPLEY'S PROPERTY ja i RANCHO CUCAMONGA TPF'& - .VICINITY HAP 3 GINEERIDJG DIVISION B 11 °Ch i ^� '14:4` .i�f� .,4.n V• I �gYtl'1 '1 f'Tf 1 �fl+ Pn C�.L MRP NQ. 11029 BONG A i'klVlS:a� h' is 4. D:YJI E CFn¢ MirLF•iYd L'P..+AVw COIL,:.:AIINa I ,f AS PM PLAT P�'COr`E ?Lypy %2 CFhW:S PALE 2YRECp�S OF gy. 11 4 U&Lr.ka 3 COM- L5 hZ L J GARC] CDD!• LS 3h: 1!l7NE tlT1 Cr ¢pNpiO CUCAPONGA KLIST nn J•tl— \axes. tm P.`R•�`•T. to pmoI P.,ta 7'yfLT ! � itJAx fi1'1 f ,.r L nt ura ]lVn •n, SJI•NIT AVEt1OE Million f°•t'�Ixntal to 9y9',I I l 'v o(7oi1gF6T'�� - 4ESI _ y� L d• Neil %, zTi \t X'.titii 1 p.\rn•a• I ,� `n,,. a•zatw 011N 3S �f �:ie oa I 7• e� w 3 • oegt3jj PARCEL NO. 1 PAP—GEL NO. Z gp §1 a q 7 w ry z �I � � e. trtc i.• + �°¢ i, ]tq 1 L•L ]\ ] � � :rSVAST rtra a C . mar Tom" t 3 G • tf•ft �\ f m � rvw• 9 R a Ia i xaea 6 ' i w i4 q I j PARCEL NO 3 PARCEL NO 4 \ I a W 7 e F W z d !W I { J I _ _ Ll ]t 1 IIV X�1111 lOi 5 w.vw•e.•.. L.44tTiutn v5 �.yl�ly�iil4u�nlm T6t :]:l uwga >v tl]]8 IO GAI taLR� r 4 hw -TKO -- HID GHLAN Ci1p OF jlTX- PARCEL HAP 4029 � N V r • RANCHO C C MOINGA TITM- LOCATION OF NON VEHICULAR ACCE554 . ENGUME.IwG DrjM0N F,Xiil M „ C n F Barbara Rrall Pla.lning Staff City of Rancho Cucamonga ' Dear Barbara, ' Please take the necessary action required -to �•acace the access restr *ction on arl lot on Etiwanda Ave. (parcel f3 of parcel map #5819 ) Enclosed find my check for $%25.00 to co••ar costa invo`ved. Thank you so much for your he.p in this matter. matter. regPi� —/A 1754 GaucunS Rc J Leucadia, Ca . 9 ?024 (619)944 3773 , r :t 1 S? r < EXHIBIT A `•t" i Legal Omcr_inn _ �'• the following of access described property. Avenue across the Westerly boundary of ThTi Tre:t 203.10 of the south 98.47 feet of Parcel 3 of Parcel Map 4029 as 1 recorded in Parcel Map Book 38, Page 2, records of San Bernar d Ono County, State of California. T Y °1 r 45 y ! i A4 J, 1 `•1 � 'Rv y .l Ate .p A{' $ �%C �' �d x��y�•",�'�:�Ti�';aa.v`Ct-j'ii _ s�YR.R• .. _ ��! ._�k., '�'.$3 . ymi /It rrY r rrr h Y ti d y.I RESOLUTION NO. $(` ° _�3 R A RESOLUTION OF THE. CITY COUNCIL OF THE C.1TY OF RANCHO CUCAMONGA- COUNTY OF SAN BERRAROINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, NON- VEHICLE ACCESS RIGHTS ON THE EAST SIDE. OF ETIVANOA AVENUE, SOUTH OF SHASTA DRIVE WHEREAS, by Resolution No. 86 -197, passed on July 2, 1986, the Council of the City of Rancho Cucamonga declared its intention to vacate a hourlofo7 :30yptistoneAugustn6. 1936,reinathe Lions ParkrCommunitysCeoer Building, located at 9161.64se Line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at sjid time and place, and there were no protests, oral or written, to such vacation. follows: BE IT RESOLVED by the Council of the City of Rancho Cucamonga as SECTION 1: The Council hereby finds all they evidence submitted that non -vehic eT access rights on the east side of Etf,canda Avenue, olong the frontage of Parcel Map 4029 is unnecessary for presont or prospective public purposes, and the City Council hereby makes its order vacating the non - vehicle access rights as shown on Map No.V -050 on file in the office of tha Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which Is attarhed hereto, marked Erht'•i,: W, and by reference made a part thereof. SECTION 2: The Clerk shall ca,{se a certffled copy of this resolution to be re:or ea n tXe office of the County Recorder of San Bernardino County, Cal f forr,ta. SECTION 3: The Clerk shall certify to the passage and adoption of this rest ffon, and it shall thereupon take effect and be in force. ' (1 �v s 03DHIANCE NO. 294 M ORDnMCE OF YI16 CITY COUNCIL or SEE CITY 07 RANCHO CUCAMOR:A, MIFO0IM. CRPASnO AD ADVISORY CONHISSIUN TO ACT n M �IuDTIRORY CAPACITY TO SSa CITY COUNCIL AND PLMNISO COKKL5Sla The City Council of the Cit7 of.gaucbo Cucamonga. California, does ordain as followss SICTTON l: lepeallog of OV- 1cance■ 87, 8:' —A, and 87 -1. RRCTIM It There is and stall remain to the city gnvertaent an Advisory Commission. ! ^la of L /r'uzx Ce=luiml SRL7IOM vl She Rancho Cora+ aga Advisory toamission shall act in an advisory capacity to the City Council and Planning Cossduion a n community issues and perform such other advisory functions as may be detonated to the Advisory Comaiudoo from time to time by the Planning Comm ?salon or City Council. The Raneho Cucamonga Adviemy Commission shall also bring forth and study issues perceived by it to be of Interest to the citizens of the City. Citizen issues, when recognized by tbv Advisory Comaduion, shall be developed and presented to the City Council or Planning Commission or both in such a manner as will effectively &accurate timely and proper cousieeration of any action upon such iuuss. Nombers of tun Advisory Commission are encouraged to wort witb individual citizens and citilen groups and to communicate their Interests to the City Council and Planting Commission. Their goal in this eapseity shall be the advancement of citizen issues according to methods described shove. y ' A purpose of the Advisory Commission is to enhance communication between citizens and the City Council, increase involvaaeat of the community In decision making. She Advisory Cosmdosion is encouraged to adopt a formal Procedure for community interaction. SRCTIOR Ai The Advisory Cowainsion shall consist of a total of fifteen (15) members with five (5) appointed from each of the throe (3) geoaraphie areso, designated by zip code to the City of Rancho Cucamonga, tamely Alta Lou (91701) , Cucamonga (91730), and Rtivanda (91739). Members of the Advisory Commission shall be residents of gazebo Cucamonga and shall be appointed by the City Council. The same of any person proposed for appointment Ordinance 70. 294 Page . by the City Councils the raw of the appoiatee shall be recorded in the minutes of the City Council meting. Terae of Appointment 2ECTICg 5: The sifteen (15) members of the Advisory Commission shall each some three (3) year terms. One -tbird of the Comaietion shall be considered annually by the City Council as not forth balm. Either one or two members from each of the three subcommittees (Alta Lora, Cocamaga, and Etivandn) $ball complete their three (3) year term each year but each #ball continue in office until their respective successors are appointed ma set forth below unless sooner zateved`as provided is this Ordinance. She staggered terms *ball provide that two (2) members from two (2) of the three (3) subccmeitt"e and one (1) maher'fran one (1) of the the an (3) subcommittees will be considered annually for appointment and shall eoatiaue in office until their respective successors are appointed unless sooner removed as provided in this ordinance. If a vacancy shall otter, other than by expiration of the term of office, it shall be filled by appointment of the City Council for the rea iuder of the umarpirad tern. All regularly esplting term shall terainate on December thirty -first of each years but members whose term expire shell sane until their successor is appointed. jRmrsl of Members OEC1I91 6 t Members of the Advisory Commiseion may be removed at any regularly scheduled City Council meting, upon too (10) "eking days' prior Witten notice to the number. Remmal shall be by majority vote of the entire City Council for m1feamanee or misfeasance in office, or violation of any Code of Conduct adopted by the Advisor Commission. Bathing in this sactiea shall be construed to limit the actions or 7 expressions of Advisory Commission numbers town and except the guidelines established by the Advisory Commission. jggnLr NewN nee ERCTICR ys Regular meting@ of the Advisory Commission shall be held on the fourth Thursday mathly except in November and December, when the metings will be combined and held the first Thursday of December. If the regular date Calls no a holidays nr holiday weekends the Advisory Commission will advance or postpone the meeting at the preceding regular wasting. x Meetings of eacb subcommittee may be bald at the convenience of the 1 subcommittee. i. Qificdra ERCTleo ES The Uvicory Commission shall select a cbsirper@on to - preside at all meetings of the Advisory Commiasion. The term of the r chairperson @ball be one (1) Pear. commuting on January first of each year. - .. 8� 7. Ordinance So. 294 page 3 The chairperson may be removed by majority vote of the Advisory Couiasion, taken at any regular seating at which the removal is on the published agenda. @ In the went a ebaizperson is unable to complete his /bar tars prior ro the aspiration of his or bar term, the Advisory Commission shall forthwith appoint a successor to same the *dance of the conspired tire. The successor &hall be selected from the saw subcommittee as the poison vacaPing the unexpired term. She positio6 of chair shall rotate annually *song the subcommittees in the ozdar Alta Low, Stiwands, Cucamonga. Seth subcommittee of tbn Advisory Commission shall select a chairperson to preside at regular Subcommittee meetings and a vice- chairperson to preside in the absence of the chairperson. A ebair- designate position will also serve for ors, year commencing on January first of each year, from the subcommittee which will provide the sent chair. The chdrdeaignate will be confirmed as chair *Pon a wjority vote of the Advisory Cowdegiem taken at the regular mating at which the Cbeir is selected. In the went the chair-designate 1s unable to complete bialber term prior to the aspiration of his or bar term, the Advisory Commission shall forthwith appoint a successor to sere the bslauce of the unexpired term. The successor shall be from the seem subcommittea which will provide the unit chair. The purpose of these provisions is to estehlisb n procedure by which anacally the their - designate shall be confirmed as the Chair, to provide continuity while allowing each subcommittee to have its equal share of the Chair positions. Vben the Advisory Commission chair is unable to preside over a meeticg. the vice - chair from that subcommittee shall act as chair in the absence of the chair. If the vies -ebair of the subcommittee is us.ble to serve then the cbelr- designate shall act as chair. FRifT=.i'f T7T' eaa'ys:�7iaszn SECTIOg a, City Council Subcommittee and Advisory Comadasion Subcommittee (chair, chair - designate, and iwediate pact chair) joint meetings shall be held quarterly an the first Tuesday of each calendar quarter which is not a la:al holiday. In the went this is a holiday, the seating will take place on the mast r,gular working day. Special meetings my be ecllei as needed by either subcommittee. The joint quarterly subcommittee meetings shall be for the purpose of establishing an Advisory Commission work program and review of matters studied by the Advisory Commission. seCnam lo, The Myor shall sign this Ordinance acd the City Clerk ebdl cause the same to ba published within fifteen (15) days after its passage at least once in The nail. cavort, & newspaper of general circulation published ie the City of Ontario, California, and eircniated in tbo City of Saeche Cucamonga, California. y, v. 3 O"7 tl yr: J A f,• K : Ordinance ■o. 294 Pate 4 PASSED, APPIOV0. and ADOPTED this day cf , 1986. AYSSt ■omt ASBl1Y: ATTEST: Soerly A. Iutbalet, city Clerk Jeffrey lint, Mayor I, l"Mc`Y A. ACTS". CSTY C:SER of the City of leacho Coeanvola. Calif�.oia, do hereby certiff that the foregoing ordinance van introduced at a regular weellag of the Coureil of the City of RAtche Cucamoga held on the Uith day of July, 1986, and see finally passed at a regular meting of the City Cotueil of the City of icaacbo CocaeonSa hold on the day of . 19 Executed tbic deg of . 19 at Rambo Cacseonaa. California Beverly A. Anthalet, City Cl.rl: i�:�tT.h�till�a `= �fi�s��i:•�i�:n.5.il ��v %: ! _ .y �C ice, v IN :Mll t •4. CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: August 6, 1986 TO: Mayer and Members of the Ciiv Council FROM: Brad Buller, City Planner BY: Scott Murphy, Assistant Planner SUBJECT: VIRGINIA DARE UNIFORM SfGN PROQAM QO l I. BACKGROUND: This item has been continued from the July 16th and June TiiEhI I48S; City Council meetings. At the d_ne 18, 1986 City Council meeting, after eorsidering public testimony, the City Council directed the applicant to work with the Planning Commission and -staff to'resolve the signage issues. Staff has aet with the dceejcper. and reached en agreement on acceptable modifications to the Uniform Sign Prograr,. Subsequently, the Planning Commission reviewed and approved the revised Uniform Sign Program on July 9,• 1986. As'a result, the applicant has submitted a letter requesting the withdrawal of the appeal for the original Uniform Sign Program. I:. RECCJNENDATION: No further er`10a of the City Council is necessary. R eifull t Br idler City Planner BB:SM :ko Attachments, Letter of Nithdrawal jl� r ML�'• WINERY BUSINESS CENTRE July 16, 1986 R C Mr. Brad Bueller City Planner, Rancho Cucamonga 9320 Baseline Road - P.O. Box 807 Rancho Cucamonga, California 91730 Dear Brad: As we have received full approval from the Planning Commission for the signage guidelin3 at Virginia Dare, it is no longer necessary to pursue an appeal. Pleas withdraw out appeal to the City Council regarding the signage guidelines. Oncerely, avid MSc eal DM /cd -- RE:EIVED -- MY OF RANCRO CUCAMONGA PLANNING OIYISION AM JUL 11 _ )ses PM 718t9t�Illi11111213t41516 e - ;4 370 , Dove Street, Suite 160 • Newport Beach, CA 92660 • (714) 333.0590 r I' � 1= 4 a a CPfY OF PM40 O CUCAMONGA qtr STAFF REPORT OATBs August 6, 1965 I0s City Council and City Manager 9 FROM: Mark R. Lorimar. Administrative Analyst SUBJECT: AHADIIIC IRa01A[C[ Rens!IetYVIB ➢Ol !u*m.imG[ OFI'jjiJ+yq In light of tba problem faciag ambulance operators in ser.Ting enough lia" lily insurance :o fulfill the requirements of the ' Aty's existing A=,1,n•o Ordinance, repreeeetatives from arc requesting that the liability limits be .hared from the curaeot $0,000,000.00 to $2,000,000.00 per single incident Ir considering this requeac, it is ieportant to note that the nominates emonat of Insurance currently available is $200008000.00. Staff has been In contact with representative of ABI Bneiaede Insuresea Services ehiab acts as the agent in providing liability insurance for Trans- Medieel. All Upresentatives assure the City that $2,000,000600 is the maxieeu liaft of siabilit7 insurance available in the emrket at the present tim. There is no amass; liability insurance (umbrella insurance) available to (nrrea.e this primary licit. The attached letter from Mr. Miller of ASI llusinass Insurance Cervices confirms the $2,000,000.00 malmum insurance licit. The letter from Trans- Madical requesting the amendment of liability insurance required by the City's Ambulance Ordinance is attached for your reference. Should you Lava any questions concerning this matter, ple.s.t do not hesitate to content me. It is recommended that the City Council amend the Rancho Cucamonga Municipal Code relating to the regulation of ambulances in order to provide for $2,000,000.00 liability insurance rather than $4,000,000.00. M.1;dja Attaebmats e )e19dk noo Avenue 7P.0. Box P :Fw1Mk CA W3344M �(Tf1)8'Gfoaa • 714)M2502 TTNeIe, (7io) 5MT" i; F` HLA- 299 -86 July 18, 1986 n ". .z Lauren :Wasserman City Ha ^a;er of City of Rancho Cucamonga 9320 Baseline is Rancho Cucamonga. CA 91701 ,f Re: Insurance Dear Hr Hassernwn: Due to the current insurance crisis, we have been unable to have the individual cities named as an additional insured as required by the City of Rancho Cucamonga it)nicipal Code Section 61 18.060(0) If you should nave any further questions regarding this matter, please do not hesitate to contact me. Sincerely, r L. de s Director HLA /tlp - =; z'tT•uyx : i �T` ^✓Y/ •v ,s .Qifi+ O. MEDICAL TRANSPO 8190 Menno Avenus `.. P.O. Box P Fontana. CA 937314 t' p1 418Li449 • (71 TNelu p1A) 820-0R is c I DR -76 -86 July 29, 1986 Hark Lorimer Administrative Analyst 1 ' C't of Rn ac o h C 1 ' + I uce >. nga 9320 Baseline Rancho Cucamonga, CA 91701 Dear Hark: This 'etter is a formal request for the City of Ran�.N Cucamonga to amend the section in your cl,rrent ambulance ordinance reCarding liability insurance. As you related to me in our phono conversation today, you are aware the ambulance industry 1s faced with an overwhelming proLlem of unavailability of sufficient liability insurance. It 1s ovr request that your 1labilikv limits be changed from the current $V million to $2 mi1Hn,1 At this time, $2 million Is the maximum amount of insurance currently available to us I am looking forward to working with you to resolve this issue. If I can ti of further r.ssistance, please don't hesitate to contact me rja Director DR/tip rja BU5INESS INSURANCE 5ERVIC£S •' " 9.'eD5 • (ea51 8541947 101 • VWOro. CwttarNa e July 21, 1986 Mr, Mark Lorimer C/o City of Rancho Cucamonga p. 0. Box 807 CO, 917!0 Rancho Cucamonga, Re: DBA: Mercl Ambulance dear Mark. The purpose of this correspondence ex provide you and u. gc interested members of your City Government an explale nation of the £nsurm r ,co market r lacing to the Ambulance Industry ovrer -ell. provider of insurance to the ambulance industry, The coverage form, which rance has been the arges For the past few years National Union Fire Insu made them specialized, included all the essential parts an ambulance account remim to clalss), National Union would require, (i.e. automobile and melpractico 11ab111tp limits tCh;is•�a- Because of reported adverse loiao ratios stionelly. Needless to say, were elected to casesl the problem program es sinc California ted a severe capacity problem with other insurance Additionally, because since ey ill- prepared to absorb the premium volume. Additionally, is not viewed as a preferential insurance environment, litigious reputation, the available markets are further reduced. Thec3ficelly, the most difficult coverage to lotwta I. Medical Halprare iaAmari- Thera are only two (2) insurance compaale� serving Cavlfornia - 1 can Surplus (2) Admiral Insurance: both of tae se kern have are financial rated, .v. (AM Beat A +these Ltompaniea toecurainsurr s.t Inrboth instances hesitancy ID presenting T provide de Ss Ssoo,ODO Combined Single limit of liability these : excess call-. Y Limit, There is no know ozccas liability inauror enabling us to Inc this ' primary limit- ` trca theca are again two (2) recognized markets: h ; In the automobile liability National in which a ep rated A+ or better• dficimit of pp Natiol Casualty and Induattial Indemnity, )g liability available is dependent on the territory operates. Cout'd AIL YOLK ALAV%1VP5LTUn2 Fz`aa ?Vi -n ,F•: u:: ��yF.2 �'�9 �'• Mr. Mark Lorimer Page 2 July 21, 1986 F' o- i. J1 I should mention at this point that there Is one other market, Tri -Star Insurancs serving the wmbulance industry in Cslifornia although non -rated bsca,•se they were formed in July, 1986. Total Reserves are 2.5 Million, Asset, $500,000.00. Additionally, they were unable to produce the necessary Re- Insurance Contract as required to write policy limits of $1,000,000.00, so were forced to reduce their Limits /Liability to $300,000.00 Combined Sin- gle Limit on all policies. Becuase of these and other issues that are un- resolved, I cannot maka any professional recommendation in their behalf to an insured I represent. Again, concerning the limit of liability that we've been able to secure for Mercy Ambulance, Automobile $2, 000,000.00 Combined "mingle LAmIt. This firm has been unable to locate any markot that in willing to provide any Excess Liability over this underlying limit. Although, I can assure you our firm is continaully searching for any reputable market that will consider any form pf Excess Liability, Malpractice or Automobile in behalf of Mercy Amr bulance plus our other ambulance companies we represent. If this firs can provide any further assistance or information, please do not hesitate to call. Regards, ABI B0. SORABCE SERVICES r /Si [M(:rl cc: Mercy Ambulance ��; y.• .., 39.5 r r•v1 3 {fi VOLE 1 r "SCNAEFE g` AMBULANCE�� SERVICE e ea NO" a...- A..,... r. T.,... C. urwsnn.rw.ms�naena.ura�taa -rsae i ;- August 5, 1986 f ' City of Rancho Cucamonga Mark Lorimer k+ i Adminlstrutive Analyut P 0. Box 807 , Rancho Cucamonga, Calif. 91730 Dear Mark: The co•inty of Los-Angeles has lowered the required insurance coverage by board approval to $500,000.00. We would suggest the city follow 5 suit with one of the largest counties in the state durrint the insurance crisis we are all experiencing. LEA y ? �,.• , Respectfully, r,•• 'P. 7. M' cAlmond Regional Manager iyy�t H. PDMCA /img � YCL, • »1�.. AA e ' i �.. AN ORDINANCE 07 UP CITY. COUNCIL CN 2RI Cliff 07 RUCEO COCAMONGA, CALIEOfh1A, AMENDING TITLE 6, CNAPtR 8.16 07 iii - EALC60 COCAKXA MUNICIPAL CODS PUTAINING TO TEE LNCOUATIOL OF ASSIMUCES WMIUSs the City CoancLI of the City of Rambo Cwcasoaiay California does ordain as follcvs: SZG=LL: Section 8.16.0607 of Chapter 8.18 of Title 8 of the Rancho Cues",4a Nonicipal Code in hereby amended to reads in vords and figures, as follower e(7) LIADILITT ISSOUNCS. The permittee shall obtain and keep in full fares daring the term of said permit public liability insurance issued by a company authorised to do business in the State of California, iucjwiug eae ambulance service operator and hin(ber employees, and also asdog the City, elected officials, off ..art bud employees as additioasl insureds of such policy, against lose by reason of injury or daaagas to persons or property exiting from the operation or ,.ef active construction of such ambulance, or from violation of this chapter or of any other law of the State of Caiiformia or of the United States. Said policy shall contain provisions, to the extent said insurer is willing to provide, waiving usurer's right of subrogation, making all polities primary and non - contributing, and said policy @ball be in the ion of not late than two million dollars (02,000,000.00) for personal Injury to or death of any one person in any siru;le accident; and the limits of each such policy shall not be less than trop billion dollars ($2,000,000.00) for darages to or destruction of property in any one accident. Aovkexs Compensat.(on Insurance shall be carried covering all employees of the permittee. Copies of the policies or certificates "Idenciq such policy shall be filed vitb the City Clerk prior to the effective data of any permit leaned hereunder. All policies $ball contain a provision requiring thirty (30) days notice to be given to the 6dty Clark prior to caueellatien, modification or redretion of limits of e- olieies required ber@iu.b SE°SLA s The Mayor $hall sign this Ordinance and tbb � Clerk shall cause the same to be published vitbin fifteen (13) days after Lie y issage at least once in TS, Dsy1v Lenart, a cwspaper of Several circulation published in the City of Ontario, California, and circulated in the City of Rambo Cucamonga. California. 7i 3�F4