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HomeMy WebLinkAbout1984/05/02 - Agenda Packet C~~CAMq,. ~2p a ~ 'n ~1 z i O O ~ i U > 1977 QTY OF RANaIO GLX'AMONGA CITY COUNCIL AGF.NI~ Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California May 2, 1984 - 7:30 p.m. A11 items submlcced for the City Council Agenda musc be in writing. The deadline for submitting these items la 5:00 p.m. on the Wednesday prior [o [he meecing. The City CLerk's Office receives all such items. 1. CALL TO ORDER A. Pledge of Alieglance to Flag. • B. Roll Call: Wright Buquet '~ , Mikels ~' Dahl y and King ~~. C. Approval of MS notes: February 15, 1984 March 2l, 1984 April l7, 1984 2. ANNOUNCEMENTS/PRESENTATIONS A. Thursday, May 3, 1984, 7:00 p.m, - HISTORICAL COMMISSION, Lions Park Community Center. R. Wednesday, May 9, 1984, 7:00 p. m. - PLANNING CONAII SSION MF.F.TING, Lions park fommuntty Center. C. Thursday, May 17, I9A4, I:15 p.m. - P;\RK ADVISORY COMMITTEE, Lions Park Community Center. D. Thursday, May 24, 1984, 7:30 p.m. - ADVISORY COMMISSION, Lions Park Community Cente c. E. Pres encat inn of Serv lce Recognition Awards. F. Preaentat ion of proc lamacion declaring May as Netghborhood Watch Month. City Council Agenda -2- May 2, 1984 G. Presentation of proclamation commending Cindy Phillips fo[ service to the CS[y's Ne lghborhood Watch Program. H. Presentation of proclamatidn commending filwood Cousins for service to the City's Neighborhood Hatch Program. I. Presentation of proclamation commending [he Kiwanls Club of Rancho Cucamonga for its service [o the CSty'a Neighborhood Watch program. J. Presentation of proclamation commending the Rancho Cucamonga Emblem Club for its service to the citywide Roof Top Painting program. K. Presentation of proclamation commending the Rotary Internaeional of Rancho Cucamonga for its service in crime prevention. L. Presentation of proclamation commending the Soroptimlac Lnternatlonal of Ontario for its service in drug abuse prevent Lon. M. Presentation of proclamation declaring May 14-21 as • Spring Clean Sveep Week. 3. CONSENT CALENDAR The following Consenc Calendar items are expected to be routine and non-c ont[ovets lal. They will be acted upon by the Council a[ one time without discussion. A. Approval of Warrants, Register No's. R4-OS-02 and Payroll ending 4/IS/84 for the total amount of $202,995.38. B. Approval of Alcoholic Beverage Application No. AB A4-11 1 for On-Sale Beer A Wine Facing Place License, Roger M. Mile[te, 10080 Foothill Boulevard. C. Approval of acceptance of Bonds and Agreement for Tract 2 No. 9540, located nn the west side of Turquoise a[ Jennet S[reeC, submitted by the Deer Cfeek Company. RESOI,UT ION N0. 84-I12 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY -- ~ OF RANCHO CUCAMONGA, CALIFORNIA, APPROV iNG IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT N0. 9540 i 3 City Council Agenda -3- May 2, 1984 • D. Approval of acceptance of Bonds and Agreement for Tract 12 9589, located west of Carnelian and north of Red Hill Country Club Drive, submitted by the Deer Creek Company. RESOLUTION N0. 84-113 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT BECURITY FOR TRACT NO. 9589 E. Approval of acceptance of Improvement Extension 22 Agreeme nc for 13235 Victoria, submit [ed by Mr. and Mrs. Alfredo Murillo. RESOLUTION N0. 84-114 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.NONGA, CALIPOItNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR PROPERTY LOCATED AT 13235 VICTORIA . F. Approval of acceptance of Maintenance Aonds and 25 Agreement and release of previously accepted Bonds and Agreement for Tract 10762, located on the west side of Baker, south of Foothill Boulevard, submitted by Acacia Construction, Inc. Accept: Maintenance Bond (Road) 58,225.00 Release: Faith Eul Performance Band 582,250.00 RESOLUTION N0. 84-115 27 A REBOLUTION OA THE CITY COUNCIL OF ^T TY OF RANCHO CUCAMONGA, CALIFORNIA, ACCE,. THE PUBLIC IMPROVEMENTS FOR TRACT 10762 ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C,. Approval of staff recommendation that City Council 28 authorize the City Clerk to solicit bids for the construct ton of Beryl-Hellman Storm Drain Improvements ' between Betyl Street at Highland Avenue, and Hellman Avenue at Monte VSsta, and that C1[y Counc ll approve the dealg n, plans and epee if SCat ions for [he construction of said Improvement project. City Council Agenda -4- May 2, 1984 A. Approval of acceptance of public improvemen[s for Tract 29 10277-1, Loca[ed at Carnelian and Almond, and authorize the filing of a Notice of Completion for the xork. RESOLUTION N0. 84-T 16 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PURL IC IER~ROVEMENTB FOR TRACT 10277-1 AND AUTROAIZtNC THE FILING OF A NOTICE OF COMPLETION FOR THE WORK I. Approval of a Grant of Road Easement from Southern 32 California Edison Company to the City of Rancho Cucamonga at 7th Street and Etixanda Avenue. RESOLUTION N0. 84-117 37 A RESOLUTION OF THE CITY COUNCIL OF THE CLTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A ROAD EASEMENT FAOM SOUTHERN CALIFORNIA EDISON Co1~ANY FOR 7TH STREET AT ETLWANOA AVENUE AND AUTHORIZING, THE MAYOR AND CITY CLERK TO SIGN SAME J. Set public hearing for ,Lune 6, 1984 for approval of 38 Intent to Annex Tracts 9399, 9400, 12414, 119 LS-I, 11549-i, 12362, 12026, 12027, 11153 end DR 87-l7 to Landscape Maintenance Disc rict No. 1 as Annexe[ton No. lR. RESOLUTION N0. 84-118 48 A RESOLUTION OF THF. CITY COUNCIL OF TNP. CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. l8 TD LANDSCAPE MAINTENANCE DISTRICT N0. 1 FOR TRACTS 9799, 9400, 12414, 1i915-1, 11549-i, !2362, 12026, 12027, 11163 AND OR 87-17 City Counc ll Agenda -5- May 2. 1984 L_J RESOLUTION N0. 84-119 56 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIPORNIA, -ECLAAING ITR IN"IENTLON TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. IB TO LANDSCAPE MAINTENANCE DISTRICT N0. L; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR REARING OBJECTIONS THERETO K. Sec public hearing for June 6, 1984 for approval of 58 Intent to Annex Trac [a 9399, 9400, 12414, 12362, 11915-1, II549-1, 12026, 12027 end DR 83-17 to Street Lighting Maintenance Dis[rl<t Nae. 1 and 2 ae Annexation No. 3. REBOLUTION N0. 84-120 70 A RESOLUTION OF THE CITY COUNCLL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF . PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 3 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 FOR TRACTS 9399, 9400, 12414, 12362, 11915-1, 11549-1, 12026, 12027 AND DR 83-17 RESOLUTION N0. 84-121 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 3 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACP, FOR HEARING OBJECTIONS TNERF.TO RESOLUTION N0. 84-122 84 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 7 TO STREET LIGHTING MAINTENANCE DISTRICT TRACTS 9399 9400 12414 11549-I N0. 2 FOR , , , City Council Agenda -b- May 2, 1984 RESOLUTION N0. 84-[23 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONCA, CALIFORNIA, DECLARING ITS INTENTION TO OADER~ THE ANNEXATION TO STREET LIGHTING MATEYCENANCE DISTRICT N0. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 3 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2; PURSUANT TO THE LANDSCAPING ANO LIGHTING AC2 OF 1972 AND OFFERING A TIRE AND PLACE FOR HEARING OB.IECTI0N5 TNF.RETO L. Sec publ is heating for May 15, 1984 to approve Deve Lopmenc District Amendment 84-01, Richwood, from Medium Residential (8-14 du/ac} co Low-Medium Res iden[ial {4-8 dv/ac) for 16.3 acres of land located on the south side of Arrow Highway, north side of 9th Scree[, between Raker Avenue and Mad tune Avenue - APN 207-161-02 6 07, 207-132-O1 througA 07. M. Set public hearing Eor Nay l6, 1984 for Appeal of Planning Commission decision denying Time Ex tenaton for Tentac ive Tract 11781, Roberts Group. N. Sec public hearing for May 16, 1984 Eor Appeal of Planning Commtss inn dects ton denying Cond is SOnal Use Ferrate 84-01, west. 4. ADVERTISED PUBLIC HEARINGS A. APPEAL OF PLANNING COMMISS tON DECISION DENYING 90 F,NVIRONMENTAL ASSESSMENT ANA GENERAL PLAN AMENDMF,NT 84-O1C - ACACIA - A request [o amend the General Plan Land Dse Map from Office to Medium-High Rea idencial (14-24 du/ac) on 3.SR acres of land located on the west side of Archibald Avenue, notch of Rase Line Road - AP9 202-151-33. 5. NON-ADVERTISED HEARINGS No Items Submitted. CS[y Council Agenda -7- Hay 2, 1984 6. CITY MANAGER'S STAFF REPORTS A. INLAND MEDIATION BOARD CONTRACT POR FISCAL YEAR 1984-85 IIS - The City Counc 11 [o consider approval of a contract with Inland Mediation Board for Fair Aoua Sng Services far Pascal Year 1984-85. 7. COUNCLL BUSINESS A. DISCUSSION ON ITEM RECARDI ING CITY COUNCIL INVOLVEMENT IN COMMUNITY B. PROPOSAL BY COUNCILMAN DANL TO ADOPT ORDINANCE ESTABLISNINC A PARRS COlMISSION B. ADJOURNMENT • ~~u.NOtir ~~~~ CITY OF RANCHO CUCAMONGA ~~~.,> u•••. Jon D. Mikels - .. s r,.Masa.s... _ ~ ~ Charles J. Bupuel II James ('. Frost -- - --- -- Richard N. Dahl Phillip D. Schlosser IV-p May 2, 1984 T0: City Council FROM: Pamela J. Wrighr Councilmember SUBJECT: Appeal I hereby request that the following item be appealed and set for a hearing 6y the City Council at the earliest opportunity: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 12532 - ARCRIBALD ASSOCIATES - The det•elopment of 111 zero lot line homes on 14.5 acres in the low-medium residential district, located between Archibald and Ramona at Monte Vista Street - APN 202-181-05, 06, 15, 16. PJW:baa 9940 BASELINE ROAD. SUITE C P09T UFFI('E BOX 907 k,1SCII1/l'CfANIINf.A. CALIFORNIA 91790 17141999.1951 COPY 98 rr-i/ M.w Mb.Ww Y.~I.a aFFSIGMION N1R altOMpK RRdSfaN IKMFIII t. fYE[ISI CN l1CENSF151 Ell[ NO. ~~~ ~ ~ _- re: W^Lwr'< I abAVli ttaatRt C.Ata 1E01 treedwE Sao Rarnaraim Off Sal• dNt fi ~1M rq N19~r ~6 ~~«. ~. aEm •a.ww....rx wa.....r Coot 36~ l iM wrh.etr+i Ant] MEI'« /« euw hcrtrr/«FaAe.~ 0.w I,wed ]. NAMtISI OE Ad7lKANrFf) r«q. 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S?I.iE OE CA111OINIA Ceun 1 aY' J.:: ..:C h e ............._.....:.:'..............Oaw.......... ~..... _.__. .4w ~. r.I .iM k ..n _ .. .. ~... .• ..ern. 1 .Y. ..... w.M.nn- ~.. n. _ .n ._. .....n . ~.. i..~ . •..~... . ... r .. . u AMIUNt ~~ eiGN aFllf .... .. ....._..... ~ AR-11GT10N FT TRaNSSFROR ~ IS eplF Of Up1OPMA Coonry el .a < to Newgn er eaenwvr • ••. • .•~.. .....~m•n s•tner...,a,r ~, a<.we, le I,na,<v,.mboa d NM 1TrW blw TAY Liles: f'« MMrmnll L'« OrJF ~ AAtMa C ttxr/fd nM«. n k~InrtfV tttw<. - -D. p .................................................._ cono wAllW ........:-~ ... ......................... 28 1 r.r ~e.:0 .............._Otht te.: :riP.:S~X....awMRl?h ..LUL'1..... .... CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 2, 1984 T0: City Council and City Manager ,. a o ~ Z isn FROM: Lloyd B. Hubbs, City Engineer 8Y: Barbara Kr all, Pngineering Technician SUBJECT: Acceptance of Bands and Agreement for Tract No. 9540 located on the west side of Turquoise at Jennet Street submitted by The Deer Creek Company The Deer Creek Company has submitted the attached bonds and agreement to guarantee the completion of off-site improvements for Tract 9540, Lots 8-29. Bonds and agreement are in the following amounts: Faithful Performance Bond: E21,000.00 Labor and Material Bond; E10,500.00 RECOMMENDATION It is recommended that City Council adopt the attached resolution approving said bonds and agreement and authorizing the Mayor and City Clerk to sign same. Respectfully subm iSted, LBH: ~': jaa Attachments C ITT OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT F00. T0. ACT 9510 K xON ALL MEN BY THESE PRE$FN75: ih at this a9 reement Is madt and en[Ved into, In confprmddt! with [A! pfpVlalpn$ o/ [he Su odivisi on Map A<t of the State of California, and of the appll<ab to Ordinances of the City of Banc ho Cucamonga, California, a municipal corporation, by and between said City, her<ina/t!r ref lrrld [o as the City, and THE DEER CREEK CO MPAMY h<reina ter re err! [o as [ e eve oiler. NITxESSE7H: THAT, 4NER EAS, said Developer desires to develop certain real property in said City as shown on [he conditionally approved 5ubdiv iii on known as TRACT 9510; and MNEREAS, said City Raf established certain repair MentS [o De met Dy said Developer es prere 9u isite [o approval of said subdivisf an generally located on Turquoise Avenue at Jenn et Street. xOM, TNEREPoRE, It Iz nereay agreed Dy said City and by said Oerelap er as follows: • 1, ine Developer here 0y agrees to <onst ru<[ at Oevelpper'i eapense all imp rov em cots tlescribetl on Page 6 Rere- 01 within twelve months from the effective date hereof. 2. This agreement shall be effective an the tlate of the resolution of [Re Coun<I1 of said City approving this agreement. Tn is agreement shall be In default on the day Iollow- ing the first anniversary date of safd approval unless an eaten- sion o/ time Ras b!!n granted Dy said City as hereinafter DrOVid- ed, 3. Tne Developer may reoue s[ an e.tens :on of time tp CaTplete th[ terms ne~e0f. $uCh r:n uC tt sndll OC t'Jbmit[ed tp the City in writing not less Nan 70 days be/cre thQ eapiration Gate hereof, and shall c>ntain a sti;ement of circumstances r,e ce ssi[a[fn9 [he ettensipn of time. The City shall Aave [ne right to review Ne provisions o/ to is acreem ent, including :he [post ruttl0n S[dOd drdt. Cott 2t[Im dt_, and ITprevQ mQnt seCUri:y, and to require adj vitmen 65 [herein if any substantial Change has occurred durf n9 the term here pf. a. 11 the Devl toper faits ar neglects f0 comply with the provisions of this agreement, the Ci[y snail have [he ngnt at any time to cause said provisions [p b. met Dy any lawful means, and thereupon recover from the Developer and/or his surety the full cost and eapense incurred. 5. the Developer snail provide metere0 water service to each lot of said development In eccord an ce with the regvlat tons, schedules, and fees o1 the Cucamonga County Mater Dis[ri<[. 6. The Developer shall De responsible /or replacement, relpc all on, or removal of any component of any irrigation avatar system in coot llct with cOnitructlan at re9uired ImDrov omen [f [o [he satlsf detl0n of tR< Clty Engineer and N< owner ill such water system. 1- 3 7. Imprpr menu regui red to be construe tea she p ~ con Porq [o the Standard Drawings and Standard Specif icatipns o1 the City, and tp Ire Improvement Plan app route 6y and on file in [he olH Ce of the City Engineer, Saia igprov em en is are tabulated on the Construction and Bond Est loot e, Aereby incorporated on page 6 hereo/, as taken frog the improvement plans listed thereon by number. Tne Developer shall also be responsible for construc- tion o1 any eransitfpns or other incf dental Nork beyond the tract boandar lei as needed for satety and proper suN ace drainage. Errors or ammisslans discovered during constructin shall be cor rec [ed upon the direction of the City Engineer Revised wp rk tlve to said Dlan modifications shall De covered by Ilse provisions 0/ to ii agreement and se<ureo Dy the surety co vertng the original planned work i. 8. Cpnstruction permits shall De obtained Dy the Oevelpp er Irom the office of the City Engfn<er prior tp start of work; all regulations listed thereon shall be observed, with attention given to satety procedures, control of dust, noise, ar other nuisance tp the aree, and to Dro per not ll scat ion o/ public utilities ere City OeOa rtments. Failure to camp lY with this sectlpn shell be subject to the penalties provided ther of pr. 9. The Developer (hail De responsible Ior removal of all loose rocks and other debris from publ is rights-of-Nay within or ad]o ining said development resulting Iraq Nork relative to said de velopgent. I0. Nork done within ex iitiny streets Shall De • diligent ly pursued to completion; [he City shall have the right td cpmpiete any and all Nork in the event of unjust i/1!d delay in completi an, end to recpver all cast and expense [ncurred from [he Developer and/or Afs contractor by any lewf ul means. 1t, Said Developer shall at all times /oilawing dedica- [lon O/ [h! sire e[z and edSementt In tdid Subldivii lpo, up to thQ c pmple[I On and dCC¢ptdn CC Ot fdid Nork pf Improvement by tdid City Council, give good and adepua[e warning to the traveling public of each and every dangerous condl [ion existent in said street or easement, and Nill protect the traveling public from such defective or dangerous cpnd~tlons. Until the completion of all ~. nprove men[s, herein incorporated un Page 6 to be per/armed, each o1 said streets not. accepteA as ImprOVlm In tt thrill D¢ un tler the cAarg¢ Of tdld Developer, Sa ro Develpper qay close all pr a portion df any street subject [o the cone pions contained in a temporary street closure permft, iz suet by the Lity En91ne<r, whenever it is rec essary [p protect the pool lc Ourlnq the cons:r ucti nn pf [A¢ Improvements herein agreed tp be made. 12. Parkway trees repuired to De planted snail De plant ed by the Developer alter other improvement work, grading and cleanup Aas Deen cpmpl tied. Planting shall be done as prpv tried Dy Ordinance in accordance with the planting dtagr am appr pved by [Ae City Community Development Director, the Developer shall De responsible far maintain ing all trees plan [ed in goad Aealth until [AC era of tAe guaren teed mein tenan<e period, or /pr one year after planting, Nh ichpver is later, 17. the Develpper is resppnsible Por meeting ail condi- . tions es tablfzhe0 by the City pursuant to the Suoelvislon Map pct, City Orelence:, and to if agreement for the development, one Por the mdintan do to of all igDrpVlm In t5 CdnStructe0 thlr<upolr -2- y un[fl the improvem ant is acct pled for paint en ante Dy the City, and n0 improvem ant security provided here inw ith thrill be released De/ore such acceptance unless otherwise prav ideO and authorized by the City Council of the City. ld. This agreement shall pat terminate until the maintenance guarantee security herelnaf ter described has been released by the City, or until a new agreement together with the required improvement security has been su Dmitted 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 [he improvement security [her elor has been re teased. Ib. The Improvem lot Security t0 b< faro iihld by the Developer with this agreement sh ali cans ist at [he following and shall De in a farm accep able by the City ptf or nay: A. To secures faithful oerf ormance of this agreement, 1. p bona or bonds by one or more duly authorized corporate sureties 1n the i0rm an0 content spec tiled Dy Government Code Section 6fi199. 1. t, pn [mpr ovement Security Instrument 1n the form and Content spe<lf tad Dy the Clty Attorney. 3. A deposit with the Ctty of coney or negotl able Oa nds of [ne kind aDOrov ed for securing deposits of public mops es. B. 7o secure laborers and materialmen: 1. A bond or Donds Dy one or mare duly autnorized • corporate sureties in the form and content specified by Government Lode Sectl on 66199,1. Z. An Improvement Security Instrument in the /orm and cbn[enf specified Dy the Clty Attorney. 1, p deposit with City of money qr peg otia0l< Donds of the kinO approved for securing C. A cash deposit mIM Me [I ty to guarantee payment by [he Developer ro the engineer or surveyor whose certif ica[e appears upon the final Na0 for the setting ml alt boundary, lot corner, and street centerline monuments and for turnishinq centerline tie notes [0 the Cily. The dmpuat Of [he de ppa a may be any amount cartslied by [he engineer p• surveyor as arcep[able payment in lull; or, i/ no value Is submitted, the cash Dona shall De as Shaun pn the Construction and Band Estimate contained herein. Sdid cash depOSl[ may D¢ refunded as soon as prpce- dure perms [s after receipt DY the City of the centerlf ne tie notes and written assurance o/ payment in lull from the engineer or surveyor. 0. The requires bands and Me principal amau r.ts thereof are set /6 rah an page 6 0/ this agreement. l6. The DevelDDer warrants Chet the Improvem ants descrlDea in this agreement snail be Tree from defects ~n mater lals and warkm anihip, Any and ail portions of the imprmve- menes /ounO tp be defective within one ill year following [he data on which the lapr ovemen[s are accepted ay ene City Shall be repaired ar reDl aces by Develop er free a/ ali charges tp the City. The Developer ihail /urnish a malnten ante guarantee security in d sum equal to ten percent (LO%) of ene cgnttruct ion estimate or f200.00, wnicnever Is greate r, to secure the /aitnfvl performance of Oevelpper's obltg ations as described in this para- greph, The maintenance guarantee security mall eiso secure the faithful performange Dy the Oev eloper o/ any obligation of the _y_ Developer to do ip ecl/led work with respect to any parkway mdinleo ant! dsf a sfml nt diftrit[, Ddt! [he imprpvlmlet3 have b!!n accepted an0 a maintenance guarantee security has been accepted Dy the City, the other improvement security described in this agr¢emen[ may De released pr ovfdetl that such re Vase Is otherwise authorized by the Subdiv izipn MaD 0.ct and any applica0le City Ordinance. 17. TA at the Developer shall take out and saint aln such public IHbility and Droperty damage insurance as shall protect him and any contractor or subcontractor performing work covered Dy this agreement /rpm clams /ar property Oam ages which may arise because of the nature o/ the work or from operations under this agr eem en[, whet htr such operations De by himsel/ or Dy any contractor or sub<o ntrsctor, pr anyone directly or Indlrectiy emDloyeO by Said persons, even though such damages Oe not uus<d Dy the negligence o/ the Oev<lop er or any contractor or subcontractor Or anyone employetl Dy saltl persons. TDe Dubl is liability and property damage Insurance shali list [he City as additOn al insured and directly Dro[ect the City, Its otf leers, agents end esployees, as yell as the Developer, his tontrac tors and hiS subcant actors, and all insurance policies issued hereunder shall so state. Tne minimum as aunts of such Insurance shall De as follows: A. Contractor's liability Insurance pr ovl0 ing Dodlly InJury or death liability liml is of not less tea f700,000 for each person and 31,000,000 for -acn • a cciden[ or occurrence, and property tlam age IIaD11- ity limits 0/ not less [h an SI00, 000 Por each accl- den[ Or occ urr<nce with an aggregate limit of 5250,000 for claims which may arise IrOm the Opera- tions of Ina Oevelo0er in the performance of [ne work heron provide 0. B, qu tpmobile liabil sty Insurance covering all vehicles used In the performance of [his agreement prorid ing bodily [nJury liability limits pt n04 less Iran E200,OD0 far each person and 5700,000 for edth ar. idea[ Or occurrence, and property dam one liability Ilmi is o/ np[ less than 550,000 for each accident Or occurrence. stn en aggregate o1 act less than iifO, GGO Bch ray arise from the Operx- [tons of the Oeveiooer or his Contractor in performing [ne work provided for herein. le. TD at before cne <.ecu[ion of [n is agreemen [, the OerelOp er shall file with [he Li ty a carts/icat< or certil i<ates Of insurance covering the specified insurance. Each such certificate Shall bear an en dors¢ment precluding the cancellations, ar reduction in coverage of any policy evidences Oy such ce r[iflcate, be/ore the xepirati on of thirty O01 days alter the City shall have received notification 0y regls[¢r ed mail /ram the Insurance carrier. As erl0ence of understanding the prOVi si ans contained herein, and o/ intlol [0 Comply with same, [Ae Subdivider has submitted [he /allowing described improvement security, an0 has atli a<d his signature hereto: -d- FAITHFUL PER FORMARCE Type: ~ Principal qmp un[: 521.000.00 flame and address of Surety; NATE0.IAL ANO LApOp PATH ENT Type: Principal Amount; 510,100.00 Hama and address of surety: CASH DEPOSIT NONUNENTgTION Type: Principal Ampunt; N/p (f3,J00.70 coin bank e[is[iny) Nam! dnd dtldre it of Suf ety; MAINTENANCE GUARANTEE Type: Pr ineipal Amount; N/A Name and address p/ Surety: TO RE POSTED PRI00. TO ACCEPTANCE BT THE CITT • IN NITNE SS HEREOF, the parties hereto have caused these presents tp be duty executed and acknowledged with ell formalities reRUired by law on the dates sec forth opposite their' s l9natUret. THE p£EP CPECI( COMPMIY, d Genetel Pa[C.e[chm pd[t .`. ld. :3nd by GFi]SBY.BR P.yENT~ at. a +ene[al ,peVelOOer 1 n Pa[[r.e[ i n ~ted~ rv; Date ~ cch td. :791 by ~ ..'..• .. _.... .. r. .. ~ _... o. :?~'o v-loner y je 3na~re Ae ce pted: [Ity of P. anchp Cucamonga, California A Municipal Cprpor anon By: Mayor Attest: Ity. er q Appr ov ea; / ~~~ .(Y OEYELOPE0.'f SIGNATURE MU Si BE NOTAR12f0 •S. 7 ctrr of pMCsq CucAfp0.W CONS10.UCiE0N ESTIMIITF FMROACI/EM pEMiT FEE f[NE00.E for (mpravament oN tract 9540 Date: 7/8/84 oapu to y; rest er Gila Re erence: ract City Ovq, ryo. la)iE: Oaes mt incluak current fee yar mritflq penlt ar pavement degas its, LON57RUCTION LOST ESTIMgiE ITEM U N UnIT UNIT COST $ AMOUNT P.C.C. Curn - 12" C.F. P.C.C. Curb . B• C. F. 50 L.F. 6.00 300.00 P.C.C. Curb only 6" C.F. A.C. Berm (5200 min.) 4• P.C.C. Stde+slk 6" Orive Approach 4,056 S.f. 2,50 10,140.00 8" P,C.C. Gross Gu [ter Street Excavation Imparted Embankment Preparation of Sub9r ode rrushed pggregate Aase (Der in, thick) A.C. (over 1300 tans) P, C. (900 to 1700 tons) A.L. (under 500 to 900 tans) A.L. (under 500 cans) P a[cn A.C. (trench) 700 S. F. 1.75 525.00 I" [nick A.C. Overlay Adjust sever manhole to grade Adjust sever clean out [o grade Adjust water valves tv grade Street Lights Street Signs Street Treei 60 EA. 170.00 7,900.00 ParXtvay Lands cane and Srriga[idn Remove P.L.C. Curb SO L.F. 3.70 165.00 :0.i i7A'1L': CN CD SL 513.970.90 CC'ft i:+GE'Y.v CC Sti S 2.070.00 70TAL CONS7aULilON 121A00. 00 FAITNF UL PEA FOAMANCE SIIA E7Y (f00 :! 121,000,00 LABDA AND MA7EA IAL SE G:A IiY (60L) _ S10 500.00 ENGINEER I'+0 Ca $P ELT IJN fEE f l 750.00 •A ESTOAAiI ON/OEL lNEAi1Ca U6M OEPOiii S 1,000 W (AEFVNOA6LEj MONUMEM igiI011 SVAE TY (CASH) N/A •PUrsuant to City a1 0.ancho [u<+monga Municipal [ode, ilt le 1, CAap[er 1.08, adopting San Bernardino County Code 7lt les, CMpters t-5, a cash • restoration/dellneatlan deposit sMII oe made prior to issuance o! an Engfimer itq Construction permit. -6- R BOND NO.: ?103!55 4REM P:M $315,00 • iAITNFUI PERiOgMANCE AONO NNEREAS, the City Council of the City of Ran chD Cucamonga, $tdte of Cal if orn ta, and THE DEE C N ^OM A (nerei natter designated as pr nn pa ave en Lire lnta an agre<m en[ whereby principal agrees to install and complete certain designated Dub'.ic imprpvements, which said agreement, Gated Ma[cn ta. 198a , dnd idlntilied as project is ere y re er re to aim ade a Dart hereof; and, NNEREAS, said Dr inciDal is repaired under the terms of said agreement to furnish a bd nd far the lattnfut performance of said agreement. NON, THEREFORE, we th! Dr incipal and DEYELOPE0.5 I9EVR.4NCE COMPANY ai surety, are held and firnjy bound unto t e rty o ancno G canon9a (hereinafter called "City"), in the pen sl sum of twenty-one thousand ana 00/100 Dollars (f21,000.D0) lawful money of [h! Untted States, far the payment o/ which sum well and truly [o be made, we bind ou rseives, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 7Ae condition of this obligat lan is such that if the above bounded Drincipal, h,s or its heirs, exe ru LOri, administrators, • successors ar assigns, sha 11 to all things stand to and abide by, and welt and truly keea end Derf orm the covenants, condi :ions and pravi si ohs in the said agreement and any altera[i on toer¢of made as Cn er. •,n prov,ded, on his or [heir pert, to De kep: and performed at the time and in [he manner tnerefn Specified, and ,n alt respects ac carding to their true intent and mean,ng, and shall Indemnify and save harmless City, :t5 officers, agents and enplDyees, as therein s[louia[ed, then [his ob!iga:f on shat) become null and vo'~d; dtnerwise, it snail be and remain 'n lull `y]e and e/f ect. As a Dart of Ue n]l:ia:inn 5ec.lr^: " r=]Y a^% 'n id d':'cn. :~ tM1e `dC¢ dmOJn[ sp2C1"i?] :n?•?'erv, th¢r¢'sne~' he 'n['ude] :DS :S ana •e as enable eaD ens¢s +r; f:¢s, 'rac'er •: ~?ason aD'e at:;•ney's fees, Inca rred OY C s.a:~J SSf,liy xn'$r :rag such 0]'n ja :'D^. all to oe [axed as :as:i ant .nC'~dded :n dry jaD nn ent •endere[, The surety nere]y st'.pul at¢s and sir?<s :n st nD :hang?, extension Of time, al[erat'on or add'.:;on :; [he :erns of the agreement Or to the work to be pert arm<d ;n¢reunder ar the sp¢ci- fimtions act om panyiy :he same snail :n an y.lse affect its abligdti JnS on this b¢nd, and l[ ;Des hgr¢]y wal ve nOti ce 01 any such cn ange, extens nn D t'ne, al :er a:~;,n cr add! :pan tD the terms of the agreement ar to :ne as r'a o- :. :'+¢ spec if lca: ~~ans. IN NITNESS NNEgEOf, this instrument has ]¢en duly executed ]y [ne pn ncipal antl sure [y a]ove ham ed, on Zacch ,J .?e: l99 E OCEri ro.E EN :OM PANv, a c rat OR'EtO PEac INCVR:yCE .:i'f @Vl~Op IPa R ne nc[i~ ~ Ufe[Y - / ~ . [taabv ;rem. a ' Or:: . ,.,,. is lgna u e ~ Ct orne Y-'n- 4at.J BY: ;P IFCtN DEVELOPAENT CO.. , ne ral pn Rner 'Lenhen '. 9nagn0 Co. BY: B?ua-E.(oet[H J[.. pr"vdent ~/ ~~ (. EJSF ARCH .TONER OF ATTORNf'I TO ALL BONDS `' ` ~~' Y6RMTURff NU ST DE NOIARIIED ~ / ,:. y BOND ND.: 7102655 ~~ PR EM ILM TNCGU D~ L,1IOA AND HATER ULMEN DOND 4HEREAS, the City Council of the City p/ Rancho Cucamonga, Slat! of California, an0 TH EP. CR ~EK rpMPANY (hereinafter dell grated as pr mctpa ave en ere too an agreement whereoy pr lnclpal agrees to install and complete certain designated public improvements, which said egreem ent, dated warm u, 198 4 and identified az pro ec is ere y re erred ~Eo as nd made a part hereof; ana MNEREAS, under the terms of saltl agreement, Drinc lpal fz required be/are entering upon the performance of the work, to file a good end su Hicf ent payment bond wi [h [he City df Ran cha Cucamonga to secure the ct aims to which reference ii made in Title IS (c ommen<inq with Section 3082) of part 4 of Oiv isi on 3 of the Civil Code of the State of California. NOM, TNEAEF ORE, said principal and the undersigned as a car parole surety, are held firmly bound unto [ne Uty of 0.ancho Cucamonga and all contractors, subcontractors, laborer, material men and ether persons employed in the perlorm an ce o/ the aforesaid agreement and referred to in the of Orls aid [ode o/ Ctvil procedure in roe sum of ten thousand ono /1ve nand rod and 00/100 Dollars (510,500.001, /pr mater lals furnished ar labor thereon of eny kind, or Por ampunts due under the Unemployment Insurance Act with respect to such work or labor, that saltl surety wf 11 pay the some in an amount net exceeding the amount herefnabo ve zet forth, and also to case salt is brought upon this bond will pay in edditf on to the face amount [hereof, costs and reasonable expenses and fees, including re aspnable attorney's • tees, incurred by City in successfully enforcing such obligation, to be awarded and fined by the court, and to be Cased es costs ono [o be inciudea in the judgment therein rendered, I[ is hereby expressly stipulated and agreed that this bond shall inure to [he benefft o/ any end ail persons, companies and cprporetlons entitled tp file claims under 71t1e 15 (<ommencfnq with Sectfan J082) 01 pert 6 df Oivison 7 of the Cfv it Cade, sd as t0 give a rigs[ of action to them or [heir assigns in any soft brought upon this bond, Should the condittpn of this bond be folly perf armed, to en this obligation shoes a_come null and vo: d, otherwise it shall be and remain in full force end e£f¢ct. The surety hereby s:ipalates and agrees that no change, eaters bn of tfm<, aater a[ion ar adeitipn ;d the terms of said agreement or the specilicatinrs accpmpany~ng the some shell in any manner affect its o0 i:3at ions on this bond, and it does here- by waive notice o/ any such change, ertens~on, altero[ton or addition. IN MITNESS MMERFOi, ;n ~.s instrument has been duly exlCU [ed py the principal end surety abpve named, on •4a raw I4 I98 84 ;HE SEER :REEK CJV!^A!tY a c<naral :'ELOPERS :NBCRANCE !'C:Nn,4NY l ¢V¢ bpBr F)[U.e [sn ,F Yr [[Y 3Y: [G ~ I~tlr, IYC., t ~ie te[ll Pa[C nB[ / // r? ~ / _ ~ ( T i~~a la .,rraas. ~~y-~n- a ~~ ' 9Y. G pEV' CJ., a General Putne[ ,3 [. .n A. Sna no OF RTTORNFy TO TILL BONDS • NUST BE NOTRRI2ED J 8 ~' ~ ~a" RESOLUTION N0. a5-B'Y-SIC`R A RESOLUTION OF THE LITY COUNCIL OF THE CITY OF RANCHO CUCPMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT ANO IMPROVEMENT SECURITY FOR TRALT N0. 9540 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on May 2, 1984, by The Deer Creek Company, as developer, for the improvement df public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of Turquoise at Jennet 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 as Tract 9540; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Rgreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign saitl Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, antl ADOPTED this Znd day of May, 1984, AYES: NOES: ADSENT: on Mi a s, Mayor ATTEST: ever y Authe et, City C er jaa l~ CITY OF RANCHO CUCAMONGA STAFF REPORT • DATE: May 2, 1984 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Kroll, Engineering Technician SUBJECT: Acceptance of Bonds and Agreement for Tract 9589 located west of Carnelian and north of Red Hill Country Club Drive submitted by The Oeer Creek Company The Oeer Creek Company has submitted the attached bands and agreement to guarantee the completion of off-site improvements for Tract 9589, Lots 3, 8-18 and 28-32. Bonds and agreement are submitted in the following amounts: Faithful Performance Bond: E26,000.00 Labor and Material Bond: 513,000.00 RECOMMERDIITION It is recomended that City Council adpt the attached resolution approving said bonds and agreement and authorizing the Mayor and City Clerk to sign same. Respectfully submi ted',/ L H:B~aa Attachments CI TT OF RAIICHO CUCAMOM6A [MPRUYEHERT A6REEXENT FOR TRACT 9$89 Rx0'u ALL MEN RT TN ESE PRE SE NiS: TAat this agreement is made end entered into, in conlorman<e with [he provisions D/ the SuDdivisi on Yap Act of the State of California, and of the applic aple Drdinan ces o/ the Lity a( Rancho Cucamonga, Californf a, a municipal corporation, Oy and between Said City, hereinafter referred to as the Ci [y, one T~ oe¢R c°,.r. coXPANv he re ina ter re erne to as the eve pper. u 1TNE$SE iN: THAT, NMEAEAS, said Developer desires to develop certain real prop arty in said City as sn own on the conditionally epProreO suodf vision known ai TRACi 9589; and u Xf REAS, said City Das est aDlished certain re 9u irements to De met by said Oereloper as prerequisite tp apprar.l of said suDdf viii on generally located at Red Miil Country CIUD Drive, we it Ot Carnelian $Lf!!I, NON, THEREFORE, it IS hereby agreed by sai0 City and Dy said Developer aS foil Ows: • 1. The Developer here Dy agrees to construct at Developer's expense all improuem~~ts described on Paqe 6 here- of within twelve months Irom the effective date herb/. 2, This agreement shall be cif e<tive on [he dace of the resoiu tlon of the Cauncit of said City apPr ov ing this agreement. This agreement shall be In Oefeu it on the day /dliow- ing the first anniversary date pf said approval unless an eefen- sion of [1me has been granted by said Ci [y as hereina/ten Drpvid- ed. 3. The Developer may red uest an extension of time to complete the terms her COS, Such repo est Thrill oe submitted tD the City in writing not less than j0 Bays Oef ore the yap iratec~ date hereof, and shall contain a st element of circum s;ances ne<ess itat ing [he extension of time. ih¢ City shall nave the right to review the Orovisi0nf of this agreement, inc7udin3 ;ne conitr action standards, cost estimate, and improvement sewn ;y, and to raRuf re adjustments therein if any suostan;ral cnan3e has occurr ee during the term hereof. d, % [he Developer /ails ar neglects to tamp ly with the provis Ions of this agreement, the City shall have the nght at any time to cause sale provislpns to De met Dy any lawiel meanf, and thereupon recover from the Developer and/ar his surety the full colt and expense incurred. 5, the Developer shall provide metered water service to each Ipt o1 said development in accordance with the regulations, sc nedu lei, and tees o/ the Cuc amonge Loun ty Neter Distr tc t. 6. The Developer shall De resppnsiDte /or replacement, reioda Lion, or removal of any cpmpanent o/ eny irr lga[lon eater sysf em in conflict with constr ucLion o/ re9uire0 improvements :a ® the satisfaction of the City Engineer ono the owner of such water system, -I- ). Improvements required [o De constructed .shall conform [o [he Standard Drawings and Stand are Specifications of the [f ty, an0 t0 the Lmprpvlmen[ Plen approved by and on file in the office o} the CiLY Engineer. Said Improvem cots are tabulated on the Construction an0 ROnO Estimate, hereby incorporated on page 6 hereof, es taken from the impr ov<ment plans ti steel [hereon Oy num0er. Tne Developer shall also De responsible for construc- tion 01 any transitions Or Other incidental work beyond the tract bpun0aries as needed for safety and proper surface drainage. Errors or ommtss ions discovered during cpnstructin shall De corrected upon the direction Of the City Engineer, Revised work due to seid plan and iffcatigns sn all be covered Dy the Drpvf signs of Cols agreement and secured by the surety coven rig M! orf ginal pl ennea works. 0. Cans traction permits shall Oe obtained Dy the Developer frog the office of the City Engineer prior tp start DI work; ell regula[ians lis [e0 tnerepn shall De pDServed, with attention given to safety procedures, eon [rol of tlust, noise, ar athef nu isen[e [0 the area, and to proper ngtif icatipn of public utilities antl Litt' Depa rtm en td. feilure to ca mD1Y with roll section shall De su0j ect to the Oenalt ies provided trier of or. 9. ine Developer snail be responsible for removal of all loose racks one other debris tram public rign b-D/-way wf th in or edjoin ln9 sa i0 tlevelppmen[ resulting /rom work relative to said level opmen[. l0. pork dons within <aisting f[reetf shall Ot • diligently pursued to cpm0le[ipn; the City shall nave [n! rignt tp cgmple to any and all work in [he event 0/ unjustilied delay in Camp!e[inn, and tp raCOVer all Cpit and eApenf¢ InCUrred }f am Inc Oev eloper and/or his contractor by any lawful means. li. Said Developer mall at all times following dedim- tion of the streets and easements in said suDidivizion, up to the completion and acceptance of solo work or improvement by said hty Council, give good one one qu ate warning to the traveling public pf earn and avert' Oeng emus cantlt[i0n a+isten[ in said street or easement, and will protect [Ile traveling puDiic from su cn de iective or flange rods conditions. Until the cp9ple ti pn of a'I ~'ip rovements. M1e r¢In incOrpprd;¢d o^ pege 6 , [o De pe Nor~ec, eicn of said streets no[ accepted 35 improvemen tz zhd ll ]e ender ;ne <h ar ge ^f Bald De velg0er, $aid 0<v<loper may close all ar a ppr:iDn of any s.^eet saDlect to Inc c0odl [Ions cOn[d fined in a temporary s[r¢¢t cla SJ re perms[, Izs ~Bd by the City Engineer, wnenev er it is necessary to protect Lne public during the cpnstrvc[IDn al the improvements nerein dgre!d to be mode. 12. Parkway tr<!s required [] De planted shall be plantee by the Developer of ter other Ira rovem ens work, gr a0ing and cleanup nos bean completed. Planting snail De none as provided Dy Ord inane in accordance with the planting diagram app raved ]y [he rity Community DevelDOm en[ Director, Th! Deve 100<r shall be re spa nslb le for 9di0ti10leg all trees planted in go00 nealtn until the !ne of the guaranteed meinle non ce pen od, pr /a one year a/ter planting, xhicn¢ver iz later. 13. The Developer Is res0aniiDle for meeting all condf- • ti0ns estabtin¢d by the C[y pu nuant to the $ubdiv Bien Map Act, Clty Ordiances, and this agreement /pr the development, aria for the meinten once of ail imps vements cons V UCted thereunder -2- ~~ until tA< improvem en[ is accepted far maintenance by the City, and no ~i mpr ov ement security provided here inwith shall be r<leas e0 before such accent ante unless otherwise provided and authorized by the City Council of the City, l4. This agreement shall not terminate untft tn! maintenance 9u aran tee security nereinef ter desc riDed hes been released by the City, pr until a new ayr<emMt toget Her with the required improvement Se CUrity has been suomi[[ed to [he CI[y by a successor to the Herein named, and by resp L;[tor. of [he City Lounc;l sale Has been ec cept ed, and this agreement and the improvement Security [Aerlf ar Has oeen released. l6. The improvem en[ security t0 be /urnf shed by [Ae 7eveloper witA this agreement snail consist of the following and snail O! in a /Orm dccep[ab le by the City Attorney: A, io secure /aithful performance of this syreement. 1, A bond or bands by one pr more duly 4uthorized core orate sureties in the form and wntent spec if led by Government Cade Section 66499,1. 2. An Improvement Security Instrument 1n the form end content specified by the Cfty Attorney. 7. A deposit with th! Cily of money or nl9otiable bonds of the kind approved /or securing deposits of puDii< monies. 8. ip secure loop rers and meterlalmen: • 1. A band nr bonds by one or more duly authoH Eed corporate sureties In the form and content ipecilied by Government Cade Section 66499.1. 2, An Improvement Security ;n strument in tAe form and content zpe<iiled by the City Attorney. 7. A deposit with City of money ar negotiable bands o/ the kind approved for securing .. A cash deposit with the City to gu drantee paym en[ by the Developer to [ne engineer or surveyor wn ose certificate appears upon the Final Map Ior the s at[ing pf ell boundary, tot corner, and sir e<[ centerline mon um M [s and for (urnisAing cen[<rlin< tie n0[25 tJ the Lily. The dm0unt Jf Me depOSit may De any amount certified by the engineer or su rveypr as acceptable payment in full; or, I/ no value is subm~t:ed, the cash by nd snail be is sno wn on the Lpnstr uc t:on and Bond Estimate wntein ed herein. Said cash deposit may be refunded as soon as proce- dure permits after receipt Dy [ne City of :he centerline tie notes and wn tten assurance of payment in full from [he engineer or surveyor. 0. Tne repot red bonds and Me prf nciDal amounts thereof are set Portn on page 6 of this agreement. I6. the Developer warrants that the fmprovements Oescribld In this agreement shall be free /rpm de/ec is in materials ono wprknanihip. AnY and ell ppr[Ipns 01 the improve- ments found to be defective within one (l) year following the ddta On wn lGh tnP m DrpV2men is are dCf epted by tn! City Shdll b! repaired or replaced oy Oe ve!oper free p1 all charges to the City. Th< Developer shall turnlsn a maintenance guarantee security in d sum etlual to ten percent ;lOS) of the construction es[Imats or 3100.00, wnicnerer if gr dater, to secure the faltn/ul performance of Oev<loper's oDligat Ions as described in this para- grapn. ine maintenance guarantee se curlty shall also secure the /al[A/ul peffarm once by th! Derllpplr 0/ any ODliga[tOn 01 tn! .g_ /5 Developer [a do spec if te0 work with respect tp any Dar4way main[en ante assessment district. Once the improvementT have been accepted and a maintenance guarantee security has been accepted Oy the City, the other improvement security described in this agreement .nay be released prov idea that such release is otherwise authorized by the Subdivision Nap Act and any epplfcable City Ordinance. 17, Th a[ the Developer shall take out and maintain Such public liability and property damage insurance as shall protect him and any contractor or sub can[r actor perlprming work covered by this agreement from claims far property don ages whioh aey arise because of the nature o/ the work or from operations under this agreement, ahtthlr such ppera[ipri De by nim Self or by any contractor or subcontractor, or anycne directly or indirectly ¢mployep by said persons, even thdu gn such damages be not caused by the negligence of the OevelopK or any contractor ar subcpn[rac for or anyone employed by said persons. The public liability and Droperty damage insurance shall list the City as additpnai insured and directly protect the City, its officers, agents and employees, as welt as the Oev eloper, his contractors and his subcontractors, and all insurance Dolicies issued hereunder Shall SO State. Th! 0ln impm dm OUptT 0` Suth inf of apt! shell be as Polloas: A. Contractor's liability insurance pr ov ldlnq bodily Injury or death liability limits of not less Ma S]00,000 far eech person and 51,000,000 for each • accident pr Octur rente, and property damage liabii- i[y lime is of not less Loan 5100,000 Por each occi- dent pr occurrence wi [h an aggregate limit of 3250,000 /or claims which may arise fron the ppera- tlani of [M1e Jevelpp er in the p¢rf ormance of the work herein provided. B, Automobile liab ilf[y insurance covering all vehicles used in the per/ormanc! of this agreement providing bodily inn ury liability limits df not less than 5200,000 for each person and 5700,000 far edph accident pr occurrence, and property damage liability liatis pf opt less than 550,000 Ipr each accident pr xc~rr<nc^, ~wi th an a90re9at< o/ rot less than i'~C0,000 ,n ich nay an se from :ne opera- tions of ;ne Jeve loDer or hta CantraClOr to perfprv ng [np work prpvidxd for herein, 13. ?h st nefore :ne evecnt'nn of this agreement, the Developer shall fi'e with the City a certilwate or certin cotes of Insurance covertng the specified insurance. Each such <ertilicete shall bear an endorsement precluding the cancel7atlons, or reou c: ion in coverage o/ eny Dolicy evidences by such certf/state, nefore the eapirati on pf thirty (]0) days after the City shall nave received motif i<etion by registered mail from [ne insurance <arr ter, pi evidence of understanding the provisions contained herein, and df intent to comply with same, the Subd!vider has submitted the following descn bed improvement security, and has atfi.ed his sign aeu re hereto: r~ L ~~O r1 u FAITHFUL PERiORMANCE TYDe: Principal Amount: 326,000.00 Name ane address of surety: NATE0.IAL ANO LANOR PAVNfNT Typed Principal Amount: 513,000.00 'lame ena address pt su re[y; [ASH OEPOS IT MONUMF NTATION Type: Princtpal Amoun4 N/A Name and adtl ress pf surety: NNINTE NNNCE 6VARANTEE Type: Principal Amount: N/A Name ana address pf surety: TO eE POSTED PAIOR TO NCCEPTANCE NT THE LITV • iN eI L E Y SS HEREOF, the Dar[ies Hereto have caused [he se presents tp De duly eRecui¢tl and acknpwletlge0 wttn all for mdl1t1e5 YeAUjfed 'Jy IdM QO the daces Set forth Opp0f 1[2 Ih?tr ' Slgnd[uf e5. M19E DEER CHEER C0.YPANY, d Gv[at PaK:mnM1ap 6dte APNtL 9, 1984 py GP IG S Ef~p~VEtflpryEtrPriMC/a Gm[al Pa[.N~S,I )D¢r ' g L ~iaula Y~ .,r i9c ri n;e 0P: :P ~E[~ CE:TwFhS:'~ C]. Ger. a! Pare r,¢[ er ~ , !/ / /~ Odle APPtL 9, il¢J L '~ r ~' 3r / / 0x ~a.. ~, ,r of `.vn; .r., havtl<nt pcceptea; ~~' City of Rancho Cucamonga, Cal if ornta A Muntcfpat Corppratton 6Y: NaYOr attes r. ~tY r Lr5 _ - r ApPrpved: '~~ ~' , • OEVELOPE0.'S 516NA1URE NU ST BF NOTARI2 E0 -S. EITY Oi RANClq CUCA3N)NW CONSTRUCTION ESTIMATE ENCROACHMENT PERMIT FEE SCHEDULE For :mprpvzment pf: Tr ict 9589 Date: ll3/3a Computed py; ~, hescner File Re ercn ce: roc: o City 0+9• No. NOTE: Ones mt include current Tee for writing perwlt or pavaldlt dlpost ts. CO`I ST4UCTION COST EST °adtE ITEM a]eH ,.! all1T 'JV I: 'AST S ."OL'YT P.c.;. Curb - tz^ L.F. P.C.C. Curb - 3" C.F. P.C.C. Curb only 6" C.f. A.C. Berm (5200 mtn.j a^ P.C.C. Sidewalk 6,162 S.F. L75 a,all. i0 6" Orive Approach 2,:96 S. F. 2. SO ,1;0.00 0" P.C.C. Cross Gutter Preparation Of Subgrade Crushed Aggregate Base (per in, thick) 4.C. (over 1300 tpnsl A.[. (900 tp 1300 tons) A.C. (under 900 to 900 tpnsl A.C. (under 500 tool) • Patch A.C. (trench) l" Lhick A.C. Overlay Adjust sewer manhole to grad= AdJust sewer clean out to grade Adyu st wet er valves to grade Street Lign is Street Signs Street Trees a0 EL I30.'Yl S, 2C0. 1C Parkway Lend sc ape and Irr •.ga: bn CC :S"AuC"?"'::,~ 127. 273.E0 .. ,i. ,.. ,: .C S' S 7 , 72fi.i0 Tg':'. ., ~.. ...:'.9 526 ,000. CO FAITHFUL DERFOR'IANCE SU RE IY ;iO Cl~ 526 000.70 LA90A AND MA7 EA,AL SE C1;41iY (iC+l f13 , 000.00 F"Iu;NEE 4:'.0 :1SPEC":ON i. S 1 ,291.00 e4 ESi OA AT;08/OEL I'IE AT; OV CA $N O; POSiT S 1 ,000.00 (REFbYOA BLEi Iep:+UYEIIAP; ;Y S,'9 Eiv (.a$NI 'I/A •PUrsuant [p Ctty o/ Ran<NO Cucamonga Municipal Code, Title (, Chapter LOA, adopting San Bernardino County Code Titles, Chapters 1-S, a cash restoratfpn/delineation deposit shell be made prior to issuance of an Engineering Construction Permit. -6- • / O • BOND NO.: ]1045]S PR PM IVH 5]90.00 FIIITXFUt PERFORXgXCE 80X0 NNE0.EAS, the City Council of the City a( Rdncho Cucamonga, Slate of California, and (heroineliar des i9nateo as Dn nn pal" nave ant ere :nto an agreement whereby principal agrees iD install and complete certain designated puoiic improvements, whim said agreement, Gated uui smi 198 a and ioenti/1ed as project a Is nereoy r! erre [a awn ad! a Dar[ hereof; and, NNEA EA$, said principal is re gui red under the terms o/ said agreement tD furnish a DonO for the fai [hful De H Orq an c! of sai0 agreement. NON, THEREFORE, we the principal and yg~~gE CoMPANy as surety, are held and firmly Dou nd unto t e y of Ren<np Cucamonga (hereinafter celled •Clty•(, in the penal sum l/ Twenty-sia thousand and 00/100 Dollars (326,000.00( lawful money of the Oniteo States, for the payment a/ wh I<n suq well sod truly t0 he and de, we hf Ad eurf llvlt, our heirs, SYtClSSOH, ea ICU tO ri end adm inisT rato rs, jointly and severally, firmly by tneSe presents. The cDnditl0n 01 this obl lgdtl0n IS Such that If the dbOV! bDUno ed Orinclpal, nls or its heirs, e[ecu tors, adginiftratars, • succ<Siprs dr assigns, shall fn all things stand to and abide oy, ono well and truly keep and perform the covenants, Condit tons and proviSlons in [he said agreement and any alteration thereof made ai therein pr0n dad, an his or their Dart, to be kept ono perf armed a[ the time ana in [he manner Veer ein specified, and In ail reipec is ecc ord ing to their true intent and meaning, and shall ino emnify and save harmlesf City, its olflcers, agents ono amp loy ees, ds thereto stipu leted, Loco [hls obligation shall ber.Ome null and void; otherwise, it shall De and remain in full force and effect. As a part o1 the ooligailon secured hereby and fn addition to the {ace emoont spec,lled therefor, there shall oe included co s[s and reasonable ea penses end fees, inclue :ng re asonae le attorney's • fees, incurred by City in successfully enforcing such ooligat ion, all td De faced az costs and included in any judgment rendered. ' The Surety nereoy st:DU to tes and agr eel that no change. ![CeOSlon of time, al ter etion or add:[ipn to [he terms of the agreement or to the work to be performed thereunder or the specs- ' (scat tons accompanying the same shall fn anywise of tact Sts dbl iga[lons do this hp nd, and it does hereby waive notice of any , such Lhange, e[tlnsion of time, alteration or addition to the terms of the agreement or to [he work or to the spec itications. ' I8 WITNESS NN EAE OF, this instrument has been duly e[ecuted by the pr incipai and surety above named, on wmxt 9TX 190 a '1'ryf nEFjY[I ER COXPANYr Gapaul Pa[tne[th ip BT: ,INC., a danm[al Par[nmr ~9 ~ COM PANV BY. Paul I uqe • P eudmn[ uretY BY: G ~ C e Gy ul patina[ ~ ~--('Signs e~~~ [t8 rppey- n- act ~ BV: Paul !. G[i[[lnr J[S P[ILLdwnt avl C, Bd nil t. PlfilSF ATTACH ROM ER OF RTTOP REy TO All ROROS SIOR111URE5 MUST Bf MOi~Rli EO BONG NO.: ]1045]5 -- PR tN IOM INCLUDED • LAB00. ANO MATfR I,1LNEN BOXO NNFREA S, [he Lity Council of the City of Rancho Cucamonga, State of California, and ttte peaR totem mneAtax (hereinafter designated ai pmt nttpaT eve entere Coto an agreement whereby principal agrees to install and camDlete certain designated public improvements, which said agreement, Oa[ed AeaiL San 198a and identified as pro3ect ,.i is here y re erred to aand made a part hereDl; and NNEREAS, under the terms of said agreement, Dri nciDal is reouire0 before entering uDOn the performance of the work, to file a good an0 sufficient payment band with the City of Rancho p~c ampnga [o secure the claims tD which rel etch ce Is ma ae to Ti[1e 1S (commencing with Section 3082) o! Part 4 of Division 3 of the Civil Cade of the State pf California. ryON, THEREFORE, said principal ana the undersigned as a corporate surety, are held firmly Da and unto the City of Rancho Lac am onga and all contractors, subcontractors, laborers, mat erf al men and Other pets ohs employed 1n the performance o! the aforesaid agreement and referred to in the of or<said Lode of Civil Procedure in the sum o! Thirteen thousand and 00/100 Dollars (f13,000.00), /or mat<rfals furnished or labor thereon of any kind, ar far amounts due under [he Bnem010Ymint Insurance Act with respect to such Bork or labor, that said surety will Day the Same in an dm0unt oaf exceeding th! Mauna Def elaaDOY! 5<t forth, and also in case suit is Drought upon tOli Dond w111 pay in addition to the fate amount Char epf, costs and reasonable expenses and fees, including revs on able attorney's fees, incurred • Dy CI[y in successfully en Porcing such obligation, to De awarded and fixed by the court, and to De taxed as costs and [o be in<luoed In the judgment therein rendered. It ii hereby exDr°SSIy stipulated and dgreed that this Dond shall Inure tD the Denef it of any and all persons, comp ant es and c Brp orations entitled t< file claims under Tf tie 15 (carom enc tog with Secttan 3082) of Part 4 of Oiv lson 3 of the Civil [ode, so as [o glue a rfght pf action [o them or [heir assigns in any sus; Crou ght upon this bona. Should the condition of this bond be fuliy pert paned, this ODl iga[fon steal! becp~e null and void, of hzrwise <: mall ~, dnd remain in full force and effect. Tne surety hereby s[ioul aces and agrees to dt n0 cna-p=., extension of tine, alt=ran on or ado ition to the :ermi pf sa'1 agreement or the Specty icatipni accompanying the same sna :l ". any manner affect. Its obl igatians on tots bone, ana it does here- by waive notice of any such <Dange, exienstan, dlterati on Dr ddditlan, :N NITNESS BNER EOF, this instrument has Deen duly executed by Drlrcip al and surety above named, On APRtL 3iN p¢ LDCR Rt9it IXN@aNYr a Ganaral Pe rlMnnip DEV ELON EflS SNSCPA NCE ~' BY: G I ~ NC , a ..ane[el Pax2 naz ~~ i horn eY-tn- acct BY: GR[FjM OEVELOPM6M2[d .. a Gana[al Partner pa vtd C. Pa nEe[ OF ATTOANEr i0 ALL eonos • MUST BE NOTARI2E0 vA