HomeMy WebLinkAbout1982/08/09 - Agenda Packet - Adjournedfyw
% a CITY
RANCHO CLIGAAK)\Y;A
CITY COUNCIL
AGENDA
1977 Lions Park Community Center
9161 Base Line Road
Rancho Cucamonga, California
Adjourned Meeting, August 9, 1982 - 7:00 p.m.
1. CALL TO ORDER.
Roll Call: Dahl X , Buquet_i,_, Schlosser, Frost, and Mikels (_ .
2. PUBLIC HEARINGS.
A. RESOLUTION OF NECESSITY FOR CONDEMNATION OF PORTIONS
. OF DAY CREEK BOULEVARD.
Recommendation: That council adopt a resolution of
necessity to condemn property for the right -of -way
of the master planned Day Creek Boulevard. Also
approve the agreement with William Lyon Company to
cover all costs of the acquisition.
RESOLUTION NO. 82 -148 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, TO EXERCISE
THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASE-
MENTS ACROSS PROPERTY FOR THE CONSTRUCTION AND
MAINTENANCE OF PUBLIC STREETS AND DRAINAGE
FACILITIES.
B. VACATION OF UNNECESSARY STREETS AND ALLEYS WITHIN _ 12
THE VICTORIA PROJECT.
Recommendation: That council adopt a resolution
ordering the vacation of unnecessary streets and
alleys within the Victoria Project.
RESOLUTION NO. 82 -131 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ORDERING TO BE VACATED,
A PORTION OF UNNECESSARY STREET AND ALLEYWAYS
WITHIN THE VICTORIA PROJECT.
0 City Council Agenda -2- August 9, 1982
3. CITY MANAGER'S STAFF REPORTS.
A. ACCEPTANCE OF BONDS, AGREEMENTS, FINAL MAP AND EASE-
MENTS FOR TRACTS 11934 12044 12045 AND 12046 - THE
WILLIAM LYON COMPANY VICTORIA PLANNED COMMUNITY).
RESOLUTION NO. 82 -134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT AND MAINTENANCE AGREE-
MENT, IMPROVEMENT AND MAINTENANCE SECURITY,
AND FINAL MAP OF TRACT NO'S. 11934, 12044,
12045, AND 12046.
B. APPROVAL OF AGREEMENTS WITH THE EDISON COMPANY,
SANTA FE RAILROAD COMPANY AND THE WILLIAM LYON
COMPANY FOR CONSTRUCTION OF FACILITIES IN CON-
JUNCTION WITH TENTATIVE TRACT NO. 11934.
C. FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT
•
No.
Recommendation: To initiate proceedings to form
a street lighting district for the Victoria Planned
Community and set a public hearing date of September
1, 1982.
RESOLUTION NO. 82 -135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE FORMATION OF STREET LIGHT-
' ING MAINTENANCE DISTRICT NO, 3 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972.
RESOLUTION N0, 82 -136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS
PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT
FOR THE STREET LIGHTING MAINTENANCE DISTRICT
NO. 3.
9
17
4. ADJOURNMENT.
10
City Council Agenda -3-
August 9, 1982
•
RESOLUTION NO. 82 -137
119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS
INTENTION TO FORM STREET LIGHTING MAINTENANCE
DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF L972.
D. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 2
121
VICTORIA PLANNED COMMUNITY .
Recommendation: To initiate procedure to establish
a
maintenance district for the Victoria Planned Com-
munity and to set public hearing date of September
1, 1982.
RESOLUTION N0. 82 -138
122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE FORMATION OF LANDSCAPE
MAINTENANCE DISTRICT NO. 2 PURSUANT TO THE
•
LANDSCAPING AND LIGHTING ACT OF 1972.
RESOLUTION NO. 82 -139
123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS
PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT
FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 2.
RESOLUTION NO. 82 -140
129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS
INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT
NO. 2 PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972.
4. ADJOURNMENT.
10
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STAFF REPORT j
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DATE: August 9, 1982
1977
TO: City Council and City Manager
FRO ?1: Lloyd B. Hubbs, City Engineer
SUBJECT: Resolution of Necessity for Condemnation of Portions of
Day Creek Blvd.
Attached for Council action is the Resolution of Necessity for Condemnation
of a portion of Day Creek required for flood protection of the first phase
of Victoria. On July 22, Council took action to set the Public Hearing
for August 9. Notices were sent to the property owners and I met with
Mr. Herrero and his son this'week. Mr. Herrero indicated that he was not
opposed to the condemnation action and that he understood the need for the
street and channel. He is will to negotiate on the property but wants
an appraisal prepared that establishes the value of his property and the
property proposed for trade. He can then better evaluate any offers made.
Mr. Herrero seemed relieved to have the City mediating the process.
If the Council proceeds with the resolution of necessity you should also
approve the agreement with the William Lyon Company setting their obliga-
tion to cover cost of the acquisition. The first item of work would be
the preparation of an appraisal.
Approval of the resolution will not begin the condemnation action, however,
will alloy; such an action if negotiations eventually fail.
RECOMMENDATION
It is recommended that Council approve the resolution of necessity and
authorize the Mayor to sign the condemnation agreement with the William
Lyon Company.
RespQctfully submiteed,
LBH:ja
Attachments
RESOLUTION NO. qs -IMS'
•
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO EX-
ERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE
EASEMENTS ACROSS PROPERTY FOR THE CONSTRUCTION
AND MAINTENANCE OF PUBLIC STREETS AND DRAINAGE
FACILITIES
RESOLVED by the City Council of the City of Rancho Cucamonga,
California:
The public safety, welfare, convenience, interest and necessity
require the acquisition by the City of Rancho Cucamonga of easements
across the property hereinafter described for public use, to -wit: for
the construction and maintenance of public streets and drainage facilities.
That the City, of Rancho Cucamonga is authorized to acquire the
property by eminent domain pursuant to Government Code Section 3730.5.
That the City Council of the City of Rancho Cucamonga finds
and determines that:
1. The Public interest and necessity require the proposed
• project.
2. The proposed project is planned, or located, or planned
and located, in the manner that will be the most comoati-
ble with the greatest public good and the least private
injury,
0
3. The property described herein is necessary for the pro-
posed project.
BE IT FURTHER RESOLVED, that the City of Rancho Cucamonga is
hereby authorized to acquire, in the name of the City of Rancho Cucamonga,
easements across the following described land by donation, purchase or
by condemnation in accordance with the provisions of the Constitution of
the State of California and the laws of the State of California relating
to eminent domain.
That the City Attorney of the City of Rancho Cucamonga is
hereby authorized and instructed to prepare and prosecute, in the name
of the City of Rancho Cucamonga, a suite or suits in the lawful court
having ,jurisdiction thereof as is necessary to condemn easements across
said lands for the purposes hereinabove described.
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Resolution No.
Page 2
The real property across which the City of Rancho Cucamonga •
is, by this Resolution, authorized to acquire easements, is situated,
lying and being in the City of Rancho Cucamonga, County of San Bernardino,
State of California, and is particularly described as follows:
A 160.00 foot wide easement over that portion of
Lots 9 and 10 of Orange Empire Acres as shown on
map recorded in book 20, page 1 of (Saps, recorded
in the Office of the County Recorder of San
Bernardino County together with that portion of
Victoria Street adjacent to said lots on the north ,
and Railroad Avenue North adjacent to said lots on
the south, in the City of Rancho Cucamonga, County
of San Bernardino, State of California, the east
line thereof being described as follows:
Beginning at the northeast corner of the west one -
half of the southwest one - quarter of Section 32,
Township I North, Range 6 !lest, San Bernardino
Meridian, said point being on the northerly line
of said Victoria Street, thence South Do 08' 44"
41est 1337.78 feet along the easterly line of said
west one -half to a point on the south line of said
Railroad Avenue North right of way as shown on said
Orange Empire Acres Map. •
PASSED, APPROVED, and ADOPTED this 9th day of August, 1982,
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
7
Jon D. Mikels, Mayor
E
CITY OF RANCHO CUCAMONGA
_' p Ili
`• 977 ,i� Chocks J. Huqu<l 11 Jamo S Moss
19,_ HifhuC M. Pahl Phillip D. Schlosser
July 23, 1982
Mr. 8 Mrs. Herrero
6646 Farmdale Avenue
North Hollywood, California 91606
Dear Mr. E Mrs. Herrero:
Enclosed is a notice of hearing concerning condemnation of certain portions
of your properties located in the future right of way of Day Creek Boulevard.
This action is being taken in recognition of the Public need to acquire this
property for the protection of homes from potential flood damage.
The property under consideration is property that you have previously been
contacted on by representatives of The William Lyon Company and myself.
• Because of our inability to meet and agree on this subject and because of the
imminence of development the City finds itself in a position of having to
consider condemnation action as a last resort to obtaining these properties.
•
I would like to assure you that the City wishes to take all steps necessary to
resolve this land acquisition without resorting to condemnation action and would
welcome an opportunity to meet with you to discuss any subject related to the
acquisition.
I will be attempting to contact you within the next two weeks but I would
encourage you tq call me with any questions you may have. (Lloyd Hubbs, City
Engineer, 989 -1851)
Cordially,
COADIUNITY DEVELOPMENT DEPARTMENT
ENGINEER I NG DIVIS ON
'G
LLOrr�B. HuEes
CIT. ENGI11LER
LEH:bc
9370 D ?SELINI; ROAD, SUITE C • POST OFFICE ROS 907 RANCIHICUCAMONGA, CALIFORNIA 917.30 • 1711) 959,1831
RESOLUTION N0,
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO EX-
ERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE
EASEMENTS ACROSS PROPERTY FOR THE CONSTRUCTION
AND MAINTENANCE OF PUBLIC STREETS AND DRAINAGE
FACILITIES
RESOLVED by the City Council of the City of Rancho Cucamonga,
California:
The public safety, welfare, convenience, interest and necessity
require the acquisition by the City of Rancho Cucamonga of easements
across the property hereinafter described for public use, to -wit: for
the construction and maintenance of public streets and drainage facilities.
That the City of Rancho Cucamonga is authorized to acquire the
property by eminent domain pursuant to Government Code Section 3730.5.
That the City Council of the City of Rancho Cucamonga finds and
determines that:
•
1. The public interest and necessity require the Proposed •
project.
2. The proposed project is planned, or located, or planned
and located, in the manner that will be the most compati-
ble with the greatest public good and the least private
injury.
3. The property described herein is necessary for the pro-
posed project.
BE IT FURTHER RESOLVED, that the City of Rancho Cucamonga is
hereby authorized to acquire, in the name of the City of Rancho Cucamonga,
easements across the following described land by donation, purchase or
by condemnation in accordance with the provisions of the Constitution of
the State of California and the laws of tha State of California relating
to eminent domain.
That the City Attorney of the City of Rancho Cucamonga is hereby
authorized and instructed to prepare and prosecute, in the name of the
City of Rancho Cucaa *nga, a suite or suits in the lawful court having
jurisdiction thereof as is necessary to condemn easements across said
lands for the purposes heroinabove described.
•
1!
Resolution No.
Page 2
The real property across which the City of Rancho Cucamonga is,
by this Resolution, authorized to acquire easements, is situated, lying
and being in the City of Rancho Cucamonga, County of San Bernardino,
State of California, and is particularly described as follows:
A 160.00 foot wide easement over that oortion of
Lots 9 and 10 of Orange Empire Acres as shown on
map recorded in book 20, page 1 of Maps, recorded
in the Office of the County Recorder of San
Bernardino County together with that portion of
Victoria Street adjacent to said lots on the north `I
and Railroad Avenue North adjacent to said lots on
the south, in the City of Rancho Cucamonga, County
of San Bernardino, State of California, the east
line thereof being described as follows:
Beginning at the northeast corner of the west one -
half of the southwest one - quarter of Section 32,
Township 1 North, Range 6 West, San Bernardino
Meridian, said point being on the northerly line
of said Victoria Street, thence South Oo 08' 44"
West 13337.78 feet along the easterly line of said
west one -half to a point on the south line of said
Railroad Avenue North right of way as shown on said
Orange Empire Acres Map.
PASSED, APPROVED, and ADOPTED this 9th day of Aunust, 1982.
AYES
NOES:
ABSENT:
0
ATTEST:
Laur ^n ;1. 'aasserman, City Clerk
Jon O. Mike s, Mayor
NOTICE OF HEARING REGARDING PROPOSED RESOLUTION OF NECESSITY
OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
TO EXERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS
ACROSS PROPERTY FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC
STREETS AND DRAINAGE FACILITIES
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section
1255.235, that on Monday, August 9, 1982, at 7:00 P.M., in the City Council
Chambers located at 9161 Base Line Rand, Rancho Cucamonga, California, you
will have the right to appear and be heard on the following matters realtive
to the proposed "Resolution of Necessity" attached hereto and intended to
be adopted by the City Council of the City of Rancho Cucamonga, California,
as the governing board of said City:
(1) Whether the public interest and necessity require the proposed
project.
(2) Whether the proposed project is planned, or located, or planned
and located, in the manner that will be the most compatible with the greatest
pudic good and the least private injury.
(3) Whether the properties described in the Resolution of Necessity are
necessary for the proposed project.
Failure to file a written request to appear and be heard within fifteen
(15) days after the date this Notice was mailed will result in waiver of the
right to appear and be heard.
A written request to appear and be heard may be filed with the City
Clerk. 9320 -C Base Line Road, Rancho Cucamonga, California 91730.
NOTE: The scheudled hearing will not be concerned with the fair market
value off the property interests sought to be acquired through the right of
eminent domain.
DATED: Puly 23, 1952
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As a condition of approval for Tentative Tract 11934 (Phase 1 of Victoria
Planned Community) flood protection measures were required to divert flows
from potential Day Creek breakouts away from the tract. To accomplish this
diversion it has been proposed to elevate portions of Highland Avenue to
divert flocs to a broad channel constructed in the proposed right of way for
Day Creek Boulevard. All arrangements have been completed to accomplish this
diversion with the exception of the acquisition of two parcels of land along
the right of way (see attached map). The Lyon Company has for several months
attempted to negotiate a land swap to obtain the needed rights of way. The
owner has not responded to any of these offers and is extremely difficult
to contact. I have talked to the owners son in an attempt to meet with them
but they have refused to meet.
It appears at this time that it may not be possible to obtain the necessary
rights of way without a City condemnation action. The Lyon Company has
requested that the City review this option and indicate its willingness to
proceed with the action. The Lyon Company would assume all costs for the
condemnation action and acquisition with suitable arrangements for reimburse-
ment or systems development fee credits.
If the Council approves of this action the appropriate agreements could be
drawn up between the City and the Lyon Company to initiate the process. The
first action would be to obtain an appraisal of the properties as a basis for
negotiations. Further actions would then proceed as required.
Without the proposed flood control measure as outlined or some other suitable
alternative,Engineering cannot recommend recordation of the Tract Map. It is
our opinion at this time that the proposed protection system will be the most
cost effective safest approach to protection of the tract and we would support
proceeding with the condemnation action.
RECC5114C1DAT ION:
That Council direct staff to negotiate agreements for the initiation of con-
demnation actions for drainage easements within the right of way for Day
Creek Boulevard.
6 c tfully submi ted,
LBII I: Uc
— CITY OF RANCHO CUCAMONGA
�V�vtir
STAFF REPORT
�-4y
>_
DATE:
August 9, 1982
C1
T0:
City Council and
City Manager
u�la
fROF1:
Lloyd B. Hubbs,
City Engineer
1977
SUBJECT:
Condemnation of
Day Creek Boulevard Drainage Easement -
Victoria Planned
Community
As a condition of approval for Tentative Tract 11934 (Phase 1 of Victoria
Planned Community) flood protection measures were required to divert flows
from potential Day Creek breakouts away from the tract. To accomplish this
diversion it has been proposed to elevate portions of Highland Avenue to
divert flocs to a broad channel constructed in the proposed right of way for
Day Creek Boulevard. All arrangements have been completed to accomplish this
diversion with the exception of the acquisition of two parcels of land along
the right of way (see attached map). The Lyon Company has for several months
attempted to negotiate a land swap to obtain the needed rights of way. The
owner has not responded to any of these offers and is extremely difficult
to contact. I have talked to the owners son in an attempt to meet with them
but they have refused to meet.
It appears at this time that it may not be possible to obtain the necessary
rights of way without a City condemnation action. The Lyon Company has
requested that the City review this option and indicate its willingness to
proceed with the action. The Lyon Company would assume all costs for the
condemnation action and acquisition with suitable arrangements for reimburse-
ment or systems development fee credits.
If the Council approves of this action the appropriate agreements could be
drawn up between the City and the Lyon Company to initiate the process. The
first action would be to obtain an appraisal of the properties as a basis for
negotiations. Further actions would then proceed as required.
Without the proposed flood control measure as outlined or some other suitable
alternative,Engineering cannot recommend recordation of the Tract Map. It is
our opinion at this time that the proposed protection system will be the most
cost effective safest approach to protection of the tract and we would support
proceeding with the condemnation action.
RECC5114C1DAT ION:
That Council direct staff to negotiate agreements for the initiation of con-
demnation actions for drainage easements within the right of way for Day
Creek Boulevard.
6 c tfully submi ted,
LBII I: Uc
TENT TIVE
TRACT 934�;
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STAFF REPORT v�
DATE: August 9, 1982
T0: City Council and City Manager
FROM: Lloyd B. Hobbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Vacation of Unnecessary Streets and Alleys Within the
Victoria Project
��GG Gtri^ngO,y
2,2o C9
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1977
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The vacation of the streets and alleys as shown on the attached drawing is
required prior to recordation of Tract Nos. 11934, 12044, 12045 and 12046
within the Victoria Project. These tracts are on tonight's agenda for
final approval. This public hearing has been from April 7, 1982. All post-
ing and advertising has been completed.
Streets and allyes to be vacated are unpaved et this time. The rights of
way for the project will be dedicated as shown on the tract maps.
It is recoinnended that City Council approve the attached resolution vacating
the unnecessary streets and alleys within the Victoria Project and authorize
the City Clerk to record same.
Respectfully submitted,
LBH:BP,:jaa
Attachments
RESOLUTION NO. -! >I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ORDERING TO BE VACATED, A PORTION
OR UNNECESSARY STREETS AND ALLEYS WITHIN THE
VICTORIA PROJECT
WHEREAS, by Resolution No. 82 -14, passed on March 3, 1982, the
Council of the City of Rancho Cucamonga declared its intention to vacate
a portion of a City street hereinafter more particularly described, and
set the hour of 7:30 p.m. on August 9, 1982, in the Lion's Park Comunity
Center Building, located at 9161 Base 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 said time and
place, and there were np protests, oral or written, to such vacation.
BE IT RESOLVED by the Council of the City of Rancho Cucamonga
as follows:
SECTION 1: The Council hereby finds all the evidence submitted
that a portion ofi Railroad Avenue, Victoria Street, an unnamed road and
• alley within the Victoria Project is unnecessary for present or prospec-
tive public street purposes, and the City Council hereby makes its order
vacating that portion of said City street as shown on Map No. V -015 on
file in the office of the 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: The Clerk shall cause a certified copy of this
resolution to be recorded in the office of the County Recorder of San
Bernardino County, California.
SECTION 3: The Clerk shall certify to the passage and adoption
of this resolution, and it shall thereupon take effect and be in force.
PASSED, APPROVED, and ADOPTED this 9th day of August, 1982.
AYES:
NOES:
ABSENT:
• ATTEST:
Cauren M. 'dassenoan, ity erTc
Jon D. Mike s, Mayor
LEGAL V -015
STREETS TO BE ABANDONED WITHIN PHASE I •
PARCEL A
RAILROAD AVENUE NORTH (40.00 FEET WIDE), THE ALLEY (30.00 FEET
WIDE) AND VICTORIA STREET (30.00 FEET WIDE) ALL SHOWN ON THE MAP
OF ORANGE EMPIRE ACRES IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED
IN BOOK 20, PAGE 1 OF MAP BOOKS, RECORDS OF SAID COUNTY, LYING EAST-
ERLY OF THE EASTERLY LINE OF THE WEST 330.00 FEET OF THE EAST HALF
OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 6
WEST OF THE SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL PLAT
THEREOF FILED IN THE DISTRICT LAND OFFICE.'
PARCEL 6
THE UNNAMED ROAD (66. 00) FEET WIDE LYING BETWEEN THE NORTHERLY PRO -
LONGATIONS OF THE WESTERLY LINE OF LOT 4 AND THE EASTERLY LINE OF
LOT 3 IN BLOCK J OF ETIWANDA COLONY LANDS IN THE CITY OF RANCHO
CUCA,IONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN •
ON A MAP RECORDED IN BOOK 2, PAGE 24 OF MAP BOOKS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY AND THE UNNAMED ROAD OR ALLEY
OF UNDERTEMINED WIDTH ADJOINING BLOCK I OF SAID E'TIWANDA COLONY
LANDS.
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9
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 9, 1982 r='
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TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Joe Stofa, Assistant Civil Engineer
SUBJECT: Acceptance of Bonds, Agreements, Final Map and Formation of
Districts for Tracts 11934, 12044, 12045 and 12046 - William
Lyon Company (Victoria Planned Community Phase 1)
The subject maps located north of Base Line, west of Etiwanda Avenue and
south of Highland Avenue are submitted by The William Lyon Company. The
tentative map was approved by the Planning Commission on November 10, 1981
consisting of 756 lots of.planned development.
The improvement agreements and bonds have been submitted by The William
Lyon Company to guarantee installation of the off -site improvements in
the following amounts:
Faithful Performance Labor and Material
Tract
11934
$ 338,000
$ 169,000
Tract
12044
$5,100,000
$2,550,000
Tract
12045
$1,784,000
$ 892,000
Tract
12046
$1,073,000
$ 536,000
Letters of approval have been received from Chaffety Joint Union High
School District, Etiwanda School District and Cucamonga County Water Dis-
trict. C.C. &R's have been approved by the City Attorney.
Also attached, herewith, are the City Engineer's Report and the Resolutions
for the formation of landscaping and lighting districts for the Victoria
Project for your action.
RECOMMENDATION
It is recommended that City Council adopt the attached resolution authorizing
the acceptance of improvement security and approving said maps.
It is further recommended that the City Council approve the attached resolu-
tions to initiate the process of formation of the landscape and lighting
districts.
Resyectfully Submitted,
LBH:J )aa�
Attac�ts
I�_
• RESOLUTION NO. ; =,''1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AND
MAINTENANCE AGREEMENT, IMPROVEMENT AND MAINTENANCE
SECURITY, AND FINAL MAP OF TRACT NO'S. 11934, 12044,
12045 AND 12046
WHEREAS, the Tentative Map of Tract No's. 11934, 12044, 12045,
and 12046, consisting of 756 lots, submitted by William Lyon Company,
Subdivider, located north of Base Line, west of Etiwanda Avenue and
south of Highland Avenue has been submitted to the City of Rancho Cucamonga
by said Subdivider and approved by said City as provided in the Subdivision
Map Act of the State of California, and in compliance with the requirements
of Ordinance No. 28 of said City; and
WHEREAS, to meet the requirements established as prerequisite
to approval of the Final Map of said Tract said Subdivider has offered
the Improvement and Maintenance Agreement submitted herewith for approval
and execution by said City, together with good and sufficient Improvement
and Maintenance Security, and submits for approval said Final Map offering
for dedication for public use the streets delineated thereon.
N0W, THEREFORE, BE IT RESOLVED by the City Council of the City
• of Rancho Cucamonga, California, as follows:
1. That said improvement and Maintenance Agreement be
and the same is approved and the Mayor is authorized
to execute same on behalf of said City Clerk is
authorized to attest thereto; and
•
2. That said Improvement and Maintenance Security is
accepted as good and sufficient, subject to
approval as to form and content thereof by the
City Attorney; and
3. That the offers for dedication and the Final Map
delineating same be approved and the City Clerk is
authorized to execute the certificate thereon on
behalf of said City.
PASSED, APPROVED, and ADOPTED this 21st day of July, 1982.
AYES:
NOES:
ABSENT:
0
CITY OF RA!;CbD CL'CA."ONGA
SUBDIVISION
IMPROVEMENT AGREEMENT
TRACT NO. 11934
NNO'N 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 P.ancho Cucamonga,
California, a municipal corporation, by and between said City, hereinafter •tifurrOJ
to as the City, and he William L on BOnpdoY ___
, herei nd ter re eTed to a5 the 5bbdi VIGCr.
WITNESSETH:
THAT, WHEREAS, said Subdivider desires to subdivide certain real property in said
City as shown on the previously approved Tentative Map of Tract No. 11934 ; and,
WHERFAS, said City has established certain require +ents to be net by said Sitdivider
as prerequisite to approval of the Final Map of said Tract by said City;
NOW, THEREFORE, it is hereby agreed by said City and by said Subdivider as Follows
1. The Subdivider hereby agrees to construct at Subdivider's expense all i-o rove -
melts described on Page 5 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 said Final flap and this agreement. This agreement shall
he in default an the day following the first anniversary date of said acprnval
unless an extension of time has been granted by said City as hereina` ter pro -
viii
3. The Subdivider may request an extension of time to complete the terrs hereof.
Such request shall be submitted to the City in writing not less than 60 days
before the expiration date hereof, and shall contain a state -ont of tires;
stance: necessitating the extension of time The City shall have the right to
revie.r the provisions of this agreement, including the construction shmdans,
cost estiratu, and improvement security, and to require adjustments therein if
any substantial change has occurred during the term hereof.
4, if the Subdivider 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 Subdivider and /o,
his surety the full cost and expense incurred.
5. The Subdivider shall provide metered water service to each lot on said Tract in
accordance with the regulations, schedule,, and fees of the Cucamonga County
Water District.
6. Utility- Depnsit-Sta M,ent. Subdivider shall file with the City Engineer, prior
to the cn-. encvr,ot of any wor /, to be perfor-ed within the areas desCrifcd by
said :;dp, a written staterent signed by 50dividar, and each public utility
corporation involved, to the effect that Subdivider has made the deposit
legally required by sock public utility Corporation for the connection of any
and all public utilities to be supplied by such Corporation within such soh -
drvis,c,.
]. The Subdivider shall be responsible for replacement. relocation, or removal of
any co-ponent 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.
•
IMPROVEMENT AGREEY.E'IT TRACT NO. 11934 PAGED
8. Improvements required to be constructed shall conform to the Standard Drawings
and Standard Specifications of the City, and to the Improvements Plan approved
by and an file in the office of the City Engineer. Said improvements are
tabulated on the Construction and Bond Estimate, hereby incorporated on page 5
hereof, as taken from the improvement plans listed thereon by number. The
Subdivider shall also be responsible for construction of any transitions or
other inc i tie, La, work heyond the tract boundaries as needed for safety and
proper surface drainage.
9. Construction permits shall be'obtained by the Subdivider 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, poise. 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.
10. The Subdivider shall be responsible for removal of all loose rocks and other
debris from public rights -of -way within or adjoining said Tract resulting from
development work relative to said Tract.
11. Work done within existing streets shall be diligently pursued to completion.
17. Parkway trees required to be planted shall be planted by the Subdivider 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 in all locations where the
adjoining lot has been completely developed and built upon.
the w{Illam Lon Cam an the Subdivider shall be re-
sponse a pr maintain ng a trees p ante in good health until the end of
guaranteed maintenance period, or for one year after planting, whichever is
later.
13. The Subdivider is responsible for meeting all conditions established by the
City parsuant to the Subdivision Pap Act, City ordinances, and this agreement
for the Tract, and for the maintenance of all improvements constructed there-
under until the Tract is accepted far maintenance by the City, and no im-
provement security provided herewith 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 bond here-
inafter 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 Subdivider 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 imprnvements security to be furnished by the Subdivider with this agreement
shall consist of the following, and shall be approved by the City Attorney:
A. A faithful performance guarantee bond assuring completion by the Sub-
divider of all conditions prerequisite to acceptance of the Tract by the
City.
B. A raterial and labor payment guarantee bond assuring payment in full by
the Subdivider for all materials, services, equipment rentals, and labor
furnished to the Subdivider in the course Of meeting the conditions Of
this aq rermnnt.
C. A cash deposit with the City to guarantee payment by the Subdivider to the
tract engineer or surveyor whose certificate appears upon the Final Tract
Man for the setting of all tract boundary, lot corner, and street center-
line monnnents and for furnishing centerline tie notes to the City. The
amount of the deposit may he any amount certified by the tract engineer or
surveynr as acceptable payment in full; or, if no value is submitted, the
Cash bond shall be as Shore on the Construction and Bond estimate conta to
herein,
I''
J
IMPROVEMENT AGREEMENT TRACT NO. 11934 PAGE 3
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
payrient in full from the tract engineer or surveyor,
0. The required bonds and the principal amounts thereof are set forth on page
4 of this agreement.
16. The Subdivider warrants that the improvements described in this agreement shall
be free from defects in materials and workmanship. Any and all portions of the
improvements Pound to be defective within one (1) year following the data on
which the improvements are accepted by the City shall be repaired or replaced
by subdivider free of all charges to the City. The Subdivider shall furnish a
maintenance guarantee bond in a sum equal to ten percent (10) Of the co -,-
struction estimate or $200.00, whichever is greater, to secure the faithful
performance of Subdivider's obligations as described in this paragraph. The
maintenance guarantee bonds shall also secure the faithful performance by the
Subdivider of any obligation of the Subdivider to do specified work. with
respect to any parkway maintenance assessment district, Once the improvements
have been accepted and a maintenance guarantee bond has been accepted by the
City, the other improvement security, described in this agreement may be re-
leased 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, during the tern of this agree-
ment, such public liability and property damage insurance as shall protect him
• and any contractor or subcontractor performing work covered by this agree-ent
from claims for property damages which may arise because of the nature Of toe
work or from operations under this agreement, whether 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 caused by the necli-
gence Of the Developer or any contractor or subcontractor or anyone ero10:: ^d by
said persons. The public liability and property damage insurance shall also
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 amounts of such insurance shall be as
follows:
U
A. Contractor's liability insurance providing bodily injury or death lia-
bility limits of not less than $300,000 for each person and 51,000,.CCO for
each accident or occurrence, and property damage liability limits of not
less than 5109,000 for each accident or occurrence with an aggregate limit
Of 5200,000 for claims which may arise from the operations of the Devel-
oper in the perfnrmance of the work herein provided.
B. Autrinhile Lability insurance covering all vehicles used in the per-
formance of this agreement providing bodily injury liability limits of not
less than 5200,000 for each person and 5300,000 for each accident or
occurrence, and property davoge liability limits of not less than 550,000
for each accident or occurrence, with an aggregate of not less than
^.00 uhi;.h may arise frh� the operations of the Developer or his
Cun;ra Ctor in p ?rforning the virk provided for herein.
A. 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 notifica-
tion by registered rail from the insurance carrier.
F-1
LA
IMPaAVE >fE%T AGREEMENT TRACT 110. 11934 PAGE 4
As evidence of understanding the provisions contained herein, and of intent to
comply with Sam' the Subdivider has submitted the below described improvement
security, and has affixed his signature hereto:
FAITHFUL PERFORMANCE BCIID
Description: Victoria Windrows - Tract 11934 Principal Amount: 5338,000
Surety: The American Insurance Company
Attorney -in -Fact: Joanne M. JamroUk
Address: C/o Len Miller c Associates
18121 Irvine Blvd.
Tustin, Ca. 92690
MATERIAL AND LABOR PAYMENT BOND
Description: Victoria Windrows - Tract 11934 Principal Amovnt5169,e00
Surety: The American Inssurance Company
Attorney - in -Fact Joanne M. Jamrock
Address: c/o Len Miller s Associates
16121 Irvine Blvd.
Tustin, Ca. 92680
CASH DEPOSIT MONUMENTING BOND
Amount as shown on Construction and Bond Estimate: %% 3- _ a' ��
MAINTENANCE GUARANTEE BOND 5
To be posted prior to acceptance of the tract by the City,
Principal Amount: 533.000.00
�SrA1L' OF CAW 0x11
COL.NTY OF SAN _BERNARDINO I is .�.m.•.,.
TUna HdY i5, 1 j,92 Inrt me, IFe unJr n i {MJ.a ka... NAIn'In anJ IW uIJ
sole. Rrw ,nr. .q __ James E. HC \ao ara _
mm,nm m.mrt Senior Vice_pas, m;,� :Joyce— E'_Clenden>.n
mu.n mmemrt Assistant ma..... --
i In..nm„ m,
1 i�� ex n.n air .r mm •n,m�lua Ine 4m,oa
y Inwxetl {fa m mf ,M1m ue, au ryna mm evWleJ IM
1 wi,Aln m�fnl MI, •4a nl min AY9n w. n, a ,e Mn11Vn nl
. MaW ul Jln.l,x,
wIIry PSti f�_,;I;.\ C
PIIYL'.; J M LtVlJi'Il S
EY mY hm1-4 "sul wl
1 rwt<v r. c p:o onxu
swn,uuf.uiC A<(. C� jzr"'y
Attest
City L erk
City iIt[orney •
h�
C1TT OF R,V;CHO CUCMOSGA Pu Be 5
ENGINEERING DIVISION'
• ��„_,.,,, ,.,,, ♦c.,.�„ ESTCNTE OF COST
•
•
FAITHFUL PERFORMANCE BOND (100u) $338,000 00 CONSTRUCTION COST $307,6715.00
LABOR AND MATERIAL BOND (50sJ 5169 000.00 CONTINGENCY COSTS 30 767.00
ENGINEERING INSPECTION FEE q G 12.932.00 TOTAL COSTS S33R,443.00
MONUM(NTATION 80.40 0 (CASH) / ,� 5y - T�4OG_000G -OO.
fjl
10 Pitch Nag Card
Courier No- 6133
Margin o 12 - 96
BOND 1712 2220
PREMIUM: $1,6960
EXECUTED IN TRIPLICATE
FAITHFUL PERrORYANCC BOND
WHEREAS, the City Council of the City of Rancho Cucamonga,
State of California, and THE WILLIAM LYON COMPANY
(hereinafter designated as 'pirncupal'1 have entered rnto an agreement
whereby principal agrees to install and complete certain designated
Public improvements, which said agreement, dated
19_o and identified as project Victoria Windrows - Tract 11934
is hereby referred to and made a pars hereo ; and —
WHEREAS, said prinicpal 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 THE MIERICAN INSURANCT CO:_
as surety, are held and firmly bound unto the City of Parch.
(hereinafter called 'City "�, in the penal sun of T:,a H.,Brad YKSGF, % -CP9 ot_
Dollars IS- •8,000.00 - - - -- ) lawful money of the Unite: States,^ or the
payment c whicTi svm -.-7 and truly to be made, we bind ourselves, our
heirs, successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the above -
bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and provisions
in the said agreement and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless
City, its officers, agents and employees, as therein sti. pulated, 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 the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's
fees, incurred by City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered,
The surety hereby stipulates and agrees that no change, ex-
tension of time, alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accom-
panying the same shall in anywise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the agreement or to the work or
to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed
by the principal and surety above named, on May 25th,
-
J�`
,COMPANY
COUNTY nr_ SAN BERNARDINO
0-" NaY_2Sr 1982 -- r
w.nu nrvm.lb+ 1x ... J . James c, I ^m ,M urwe..rmeu, a Nmnr hUlu rn aM nu ..a
. m _ Senior vice-
_ mava
" ^'•x u, ormek Assiscant ' " " ^ " ^'+ Sdyce E.Ziend0nin -r
m.� .rrurr, i ^......,m. rw .
L•^ .r ti< n. r:nrmr n,.�..., kJ n. nm^ •
Imrnnrenrm Nn „I loin ,e `n`A x,run rpann wmeJ, a
•.'nn. uJrd ar na na
Ol 1.1L fLdL
LU.. r
inA lJ Ul it •r.�r ^r �r.r r'A).L •. arm ernl ♦1
N It96 -R\ mY nand aryl „rL.ul wal l i!
.
I b:ylCO CL s.
fUhSEY
n:.an +i -r r�.ce
Ir,naun ✓• +�(: � /�� /Y'Ll •v r.I li. ___ ��4•nx.. ,w nnl ,w
f G
la pitch
Cout is,
• :fargin ... - 96
EXECUTED IN TRIPLICATE
LAROB AND Md'IERIAI,MEN EONO
van lard
No. 013:
Bond 47122220A
Premium: Include
WHEREAS, the City Council of the City Of Rancho C'- camor.' {o,
state of 'alt'o... a, and The Yllli n Cm�c�__ -_ a_
Ihercinal :er designated as `prTncipa l "j !lave ntemu into
whereby a- -.;pal agrees to insult and complete certain design;-, n
public improvements, which said agreement, dated
19 a :dontified as protect TracM, - - -'-
is nerebp t 1
' referred to and made a part hereon? and —'-
WHEREAS, under the terms of said agreement, principal
required 0cfore entering upon the performance of the work, to file a
good and sufficient payment bond with the City of Rancho Cuca:r_nca to
secuLe t:;e claims to which reference is made in Title 15 (cc=.. c.-;
with Section 3011_') of Part / of Division 3 of the Civil Code of the
State of California.
NOW, THEREFORE, said principal and the undersigned 3s a
dorpor.I.v Furety, are held firmly bound unto the City of Ra rr_ito
Cucamunsa mi all contractors, subcontractors, laborers,
and ocher Persona emp:oyed in the performance of the afore.,a42 a
• -
nent a - :erred to in the aforesaid Code of Civil_ Proceduec inCt
sua of n;. hundred .t ttyee _rhousann and no /100 Dollars (5 16- 00_.DC .-
for maFc;laia fvrni shed or lib-Er thereon of any kind, orcr a.-lo-�ts
due und,•. she Unemployment Insurance Act with respect to sccb ;. of
labor, r. ..t said surety will pay the same in an amount not exceed -- q
• the amount huteinabove set for Lt, add also in case suit is brc„c : ^r -
.pen thy: bond will pay in addition to the face amount the. -c_ re.—,
and reas.nabl......... and fees, including reasonab_e fees, tar :• e3
by City In successfully enforcing such obligation, to be awardae. an!
fixed 'oy its court, and to be taxed as costs and to be inclosed is tt.-
judgmen: rhrrcin rendered.
It is hereby :xpresoly sti P11 -tad and agree! that -hr. t....:
shall isury -c the 'v.nsfit of an; and all persons, corpanie., and
coroorc.•tun,i entitled to file ch ums under Title li Icomnnrc ina '..
ction :G 12) of Dart 4 of Diciaion 3 of the Civil Core, so as to
ve
aright _c-ic. to thorn or thair assiy ns in any suit brought u rn
_ this 1,1111:.
Should the condition of this bond be fully perfor. '•d, r.v':+
this obanetinn shall became null and void, atheraise it shall be4 nsd
ramaio in I'11. force and effect.
-sty h,-eb•i s-ipnlates amt nurov, tnoL no eL•n nqe,
tension cfT su
tim alteration or ndd.tion to the term:; of said ani'vvr.c.t
or the '•r .,: ice Lions a_compan,,in9 the same shall in any m.trn!r :Lf.,cr
i,•
.Q
ca,-1, an.
i.�n o, nuSn+,HGE
R1iE OF CALriOROrn
^^+ ^• ^ "'
—i S`
cocvir oP_$dM9_RERNARDINO f
on May 25, 199E start m+
IN wnlnsmn `F, + umv, hbl" ,n ..a lw u,J
_
} . r+J- E McNamara
_,__
-�byce -Elan
smla ser+a'.nr+ra -James
Senior Vice
.n+ :E_ den i1,'
mn.n e,mno be lM _ _vr +.,eem,
...... m+wlx .. .- _Assistant _send +o
_ - _
+ nl Ilu (gp+lmm ma ra, ,IeJ IN n Ia'amem.
In, rn me In N IM 111-1 -�e,e.mel I-'ahe
m,rn
Innm as RMII al IN, aT I mere J. +N
n+ le,l 11,e
ell 41 \L V.I.
+. \n n.I+J pJ lu me rl,ar .w.11 .1,ol,un rrl
nrh..+or.re :rlmr•.. or
Fly F YLLI' lli
1 .,rem ,n.nw mminu.m I,. ,u
m wm„t e,rwmn
"'f uSFr
\ :a• ru: nI ra ,.
WRN FA mY MM eM sm-I vJ
,rp; :GO..a+QR
roe [ne++ as
n,,.....+ m.,. ..... ....
.Q
03
CITY OF RANCHO CUCAMONGA
SURDIVIS104
IMPROVEMENT AGREEMENT
TRACT NO. 12044
KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into,
in conformance with the provisions of the Subdivision Flap 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 _ rhr William Lyr [nmpa_ry
hereinafter referred to as the Subdrvider.
WITNESSETH:
THAT, WHEREAS, said Subdivider desires to subdivide certain real property in said
City as shown on the previously approved Tentative Map of Tract No. 12044 ; and,
WHEREtS,.Said City has established certain requirements to be met by said Subdivider
as prerequisite to approval of the Final Map of said Tract by Said City;
NOW, THEREFORE, it is hereby agreed by said City and by said Subdivider as follu•ws:
1. The Subdivider hereby agrees to construct at Subdivider'% expense all irprove-
ments described an Page 5 hereof within twelve months from the effective date
hereof. r
. 2. This agreement shall be effective on the date of the resolution of the Council
of said City approving said Final Map and this agreement. This agree ^ent shall
be in default on the day followina the first anniversary date of said anoroval
unless an extension of time has been granted by said City as hereinafter pro-
vided.
•
3. The Subdivider may request an extension of time to complete the terms hereof.
Such request shall be submitted to the City in writing not less than 60 days
before the expiration date hereof, and shall contain a statement of circa--
stances 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 Subdivider 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 at by any lawful means, and thereupon recover from the Subdivider and /or
his surety the full cost and expense incurred.
S. the Subdivider shall provide metered water service to each lot an said Tract in
accordance with the regulations, schedules, and fees of the Cucamonga County
Water District.
6. Utility - Deposit - Statement. Subdivider shall file with the City Engineer, prior
to the ccn a,mt-ent of any work to be performed within the areas descriLel by
said map, a written statement signed by Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made the deposit
loyally required by such public utility corporation for the connection of any
and all pool is utilities to be supplied by such Corporation within such sub-
division.
7. The Subdivider 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 o:mer of
Such water System.
j
IMPROVEMPIT AGREEMENT TRACT NO. 12044 02
8. Improvements required to be constructed shall conform to the Standard Drawings
and Standard Specifications of the City, and to the Improvements Plan approved
by and an file in the office of the City Engineer. Said improvements are
tabulated an the Construction and Bond Estimate, hereby incorporated on page 5
be•eof, as taken from the improvement plans listed thereon by number. The
Subdivider 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.
9. Construction permits shall be obtained by the Subdivider 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 05partments. Failure to comply with this section shall be subject to the
penalties provided therefor.
10. The Subdivider shall be responsible for removal of all loose rocks and other
debris from puhl is rights -of -way within or adjoining said Tract resulting from
develop,nent work relative to said Tract.
11. Work done within existing streets shall be diligently pursued to completion.
12. Parkway trees required to be planted shall be planted by the Subdivider 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 in all locations where the
adjoining lot has been completely developed and built upon.
the Will l jam Lvan Co,= pan the Subdivider shall be re-
sponsib�for mara[armng a trees p anted is good health until the end a e
guaranteed maintenance period, or for one year after planting, whichever i
later.
13. The Subdivider is responsible for meeting all conditions established by the
City pursuant to the Subdivision Rap Act, City ordinances, and this agreement
for the Tract, and for the maintenance of all improvements constructed there-
under until the Tract is accepted for maintenance by the City, and no im-
provement security provided herewith 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.bond here-
inafter 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 Subdivider 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 improvements security to be furnished by the Subdivider with this agreement
shall consist of the following, and shall be approved by the City Attorney:
A. A faithful performance guarantee bond assuring completion by the Sub-
divider of all conditions prerequisite to acceptance of the Tract by the
City.
D. A material and labor payment guarantee band assuring payment in full by
the Subdivider for all materials, services, equipment rentals, and labor
furnished to the Subdivider in the course Of meeting the conditions of
this agreement.
C. A cash deposit with the City to guarantee payment by the Subdivider to the
tract engineer Or surveyor whose certificate appears upon the Final Tract
Map for the setting of all tract boundary, lot corner, and street center-
line unu,ments and for furnishing centerline tie notes to the City. The
amount of the deposit may be any amount certified by the tract engineer or
surveyor as acceptable payment in full; or, if no value is submitted, the
cash band shall be as shmm on the Construction and Bond estimate contained
herein. •
h�
0
IMPROVEMENT AGREEMENT TRACT NO. 12044 PAGE 3
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 in full from the tract engineer or surveyor.
D. The required bonds and the principal amounts thereof are set forth on pace
4 of this agreement.
16. The Subdivider warrants that the Improvements described in this agreement shall
be free from defects in materials and workmAship. 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 shall be repaired or replaced
by subdivider free of all charges to the City. The Subdivider shall furnish a
maintenance guarantee bond in a sum equal to ten percent (10.) of the con-
struction estimate or 5200.00, whichever is greater, to secure the faithful
performance of Subdivider's obligations as described in this paragraph. The
aaintenanre guarantee bonds shall also secure the faithful performance by the
Subdivider of any obligation of the Subdivider to do specified work with
,rc,Q"t to any parkway maintenance assessment district. Once the improvements
have been accepted and a maintenance guarantee bond has been accepted by the
City, the other improvement security described in this agreement may be re-
leased provieed 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, during the term of this agree-
ment, such public liability and property damage insurance as shall protect hir.
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 contractor or subcontractor, or anyone directly or indirectly
employed by said persons, even though such damages be not caused by the negli-
gence of the Developer or any contractor or subcontractor or anyone ereloyed by
said persons. The public liability and property damage insurance shall also
directly protect the City, its officers, agents and employees, as well as the
Oevcleper, his contractors and his subcan tractors, and all insurance policies
issued hereunder shall so state. The amounts of such insurance shall be as
follows:
•
A. Contractor's liability insurance providing bodily injury or death lia-
bility limits of Pat less than $300,000 for each person and SI,000,C00 for
each accident or occurrence, and property damage liability traits of not
less than $100,000 for each accident or occurrence with an aggregate limit
of 5200,000 for claims which may arise from the operations of the Devel-
oper in the performance of the work herein provided.
B. Ant... bile liability insurance covering all vehicles used in the per-
formance of this agroennent providing bodily injury liability limits of not
To" than $200,000 for each person and 5300,000 for each accident or
occurrence, and property damage liability limits of not less than $50,000
for each accident or occurrence, with an aggregate of not less than
5100,000 nhich may arise from the operations of the Developer or his
Contractor in performing the work provided for herein.
ID. That Infer, the > rcetion of this ag ,henmet, 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 redectin, i coverage of any policy evidences by such certificate, before
the expiration
of thirty (30) clays after the City shall have received nptifica-
tion by registe.re•1 mail from the insurance carrier.
r
•
As evidence of understanding the orevisrcns contained herein, and of
intent to comply with same, the Subdivider has submitted the below
described improvement security, and has affixed his signature hereto:
FAITHFUL PERFORMANCE BOND
Description: Tract 12044 Principal Amount: $3,700,000
Surety: The American Insurance Company
Attorney -in -Fact: Joanne M. Jamrock
Address: c/o Len Miller L Associates
18121 Irvine Blvd.
Tustin, Ca. 92680
MATERIAL AND LABOR PAYMENT BOND
Description: Tract 12044 Principal Amount: $1,850,000
Surety: The American Insurance Company
Attorney- in-Fact: Joanne M. Jamraik
Address: c/o Len Miller c Associates
18121 Irvine Blvd.
Tustin, Ca. 92680
CASH DEPOSIT MONUMENTING BOND
C— y ,I tFo, FZ-7
d I
•
- STATE OF l.1LIYONn1A •"w°^w'
ss l
CoovtY OF SAN BEMMARDIN O f
_ _ nne IM uM[ItiMJ. • Nu1 +11 MuF L: ,n anJ (w u•
Qn to me.
—May-25,128-2
__
James E. McNasura
snu. wr—nr •nw•,[a_ —_
T 9,„.n:e,Iw In Ml•. . Senior Vice T ee�Z7en
1
Ass is can£ .xwmry
a1 Ilrt cw Ar
IIN a ua nk .ullln Inxr
—m1.
nv ,o M IM Rrm• uNO emculN IM nnbn
Inoun 1.I
a L•11•II aI :I [Ml n
IO mer.:
1-1u —
-a I-
a[1nou��'J[J mr T arylan a[uwJ ,M
m
[b ;u
1 ul ton nm nl rynu m to n. lPlvr w u rewlulian of OFiiCIdL SELL
1Y Jneeo,. pMYIt:S tA. EY
WITNESS
LAITY E4$mv nuM UW Unkial w•1. lj +: J1•llO nrXu
1
'}'� / ✓ is ca.nnl
�/JJ // /n�
L•na,u,e_iJ.13 '�l !
<
nm. rnu lw w.l .nmrl wnl
CITY OF RANCHO CUC,IMONGA, CALIFORNIA
a municipal corporation
by Mayor
Attest:
Cr cy Cork
Date
C— y ,I tFo, FZ-7
d I
•
•
0
TRACT/
LOCATIOV
CM OF R. ':CHG CCCV10oGA
E %OI:JEERC:G DIVISION
EST:.%TE OF COST
12044 (6 -31)
PaSe 5
OAT Ma,. 1092
DEVELOPEIL?hP 'Aillidtl Lvon :r.aenv
YIC[Or ld NInO CONS an 1 N
No. n rare
QO.vimorr N
NIT I
ITEM P
PRICE. A
AA"':7
STREET ESTIMMS
L.F. P
P.C. C. Curb - 6" C.F. 18" Gutter S
S 5,00 4
43,EE0.00
IOC L
L.F. P
P.C.C. Curb - 8" C.F. 18" Gutcer 6
6.00 3
31.2 +2.CU
2230 L
L.F. P
P.C.C. Curb only N
N.50
L.F, A
A. C. Bela L
L
0 0 S
S.F. 4
4" P.C.C. sidcvatk 1
1.
ie 117 1
1 s.P. I
I Drive An,,.tb 5
5, 4
45,e315J
7,386 E
E.P. 8
8" P.C.C. Crncz rut terfincludtnz curb) 1
11.40 ^
^.40
E.Y. S
Street E vnt isn 1
1.50
C. Y, i
in nn rc edh Embankment 1
1.50
�• � C
S.F. P
Pcena ra ciao of Snh: 0
0. r
r•.0 _.
S.F. 1
(Per
0.
IU 4Y S
T0'r A
A.C. Over SJ00 t 0
0 3
316 3. E0
TO:: I
I A.C. 900 to 1300 cons) I
I On I
I
1 .TJ.:. I
I A.C. ! 00 to 900 tone
50 noel n
no
--
STREt STRIP PIG C
C� -
S.F. P
Pa tcb n. L. Tom rhl 7
7 ,
,_
14 040 S
S.F. T
T v I
I ]D _ I
I e }.a
Ea. 1
1 Ad inx era r M.H.
Ea I
I pd iu s[ s r C 0 to 4tade 1
150 M
Fa. A
Ad'uat vecer valves to [ode
Ea. 5
5 ceet Lf b.ts t
t n .n I
I 183.0V.10
c/5 a B
Bnrr: tales Irlrrsee. j5 00 n
n S
SCI.CO
L. F. 1
1 2" x 4" FrAVnnd Nradcr L
Lis
I E F R
Remavtl of A -C Pavr -crc n
n 35 1
1
Curb 3
3.30 1
1
Rcnovai o1 A.C. Bum I
I 1.00
29 E
Ea. S
Sr. err Si¢ -s 1
1 100.nn I
I
24 E
Ea. R
Ret lectors 6 Posts tgn5 I
I ]5.00 1
1 -ff•� T -_
tlO0 �
�L. F. C
Chain LIn •Pan. 1
1 1.01) 1
1 ,PLJ..
yam- t
tolll - Flood Pruta rtiro 1
1 10.111) 1
1 no
_
n l
I. F 1
1 54" R[ P
100.00 I
I 8 5
_g n
l I
1 Ifl" RGF 0000 0) 1
1 25.1,1 2
5.00 _
15] �
�•.. -} 2
24" RC2 500 01 3
30.0•.1 4
4,710.,0
1 L.F. 1
1 RCP "1100 I l
lA. 1,O 1
1 /0,29Q .OG
1207 L
L.F. 1 4
48" RCP Li00 p 4
48 n ,
,9 �,
10 c
ca r
rut rli x 1
1 300 1,0 1
12 OOU. ?0
17 E
Ea. I
I tarry
Ea. r
r."th B.vcSn U - 22` 1
1.000.1101
8 L
Lncnl Drncoss ion 4' 5
500.00 .
. 1.i
I, i
i.oral 11,11 u1`,113 t
t nn ,nn 6
6.000. C,) _
Ea. J
Jnnrcfon Serucrure 3
3. 5nO.On
_
71. 1
1.51,11.111)
J k
k, n
nutlet Strrnrtln` Std. SUi n
n
100 L
L.F. r
r• r,i 'I 3
30,10 3
3 cco�,)�
350 I
I L. F, i
in r4 P.,:I (Oo7 d1 8
8,750.)D
rot ,
,00
I F
F...t. •
" mM1 muol 4
4 0no'On 4
4,(100.:7
1..i. H
Hd, 1
1,75
294 L
L�F. 2
21" R.C.P. '
'] In 8
8,095.,7
no I
I.. F. 2
27" R.F,,P. J
J2.OU 1
12,.900.11
NO '
' L.F. 3
34.00 6
6,120.
L.F. a
R.G.P. 4
4e z
�z..Ild 4 L
L_, r ,. 1
a?" R
z.nn
F .. BY
Ar7Mrn B5'
SOB TOTAL 91 343,72690
UNT I:a6:SC I!,S 10.
TOTIL
COntirYJ9d -- -----
3%APF.CT10'i
illy UP i. , :CpJ c,c,. A,: \
ENGIIIEC'L':0 01,1510,
ESTRUTE Or COST
'MCvmm 12044
,i)U"ro'1 'll C -orla w"o,ewi
PACE 6
DA-,r 3`IS/d2
OC'htOiF.P�The Nilnx
ENG vim ,o r, A,. nc
UA:.TITY
UNIT
ITN
ORI[F.
A�np•:
STREET ESTIMATES
729
515
L.F.
51" RCP
80.00
58.320
73
L.F.
L.F.
69" RCP
75" RCP
130.00
65.9`0
L.F.
81" RCP
150.00
10.960
-15568
691
L.F.
84" RCP _
17 .00
210,550
1,177
L.F.
87" RCP
190.00
131..,.0
EF
Manhole AE
205.00
2 1,25,.
19
E
Maehole'JM
3 5 .00
3 500.00
Z.; 'Ho
1 EA
Brick A Mortar Plu
1
66.5^0
2
28.>52
EA
CO, Collar
.00
450.00
750
cgp
1 S.F.
RicRaP
2. IS
E0.742
1 i1, 000
CY
Off,,-.e RetarEln Basrn Earthwork
--
10
i EA
Grate Inlet
2[5.00
-
8 2,2
1
EA
S i wa
0
S1 ,Ci3 i
CY
Gra Ce4 Earth Channel
I ,C86
L.
60" RCP
1.5
11 �5�OO
5O 0
3
L.F.
66" RCP
101.00
106.252
2
233 3
L.F.
90" RCP
120.CO
55.3 -D
35
L.F.
Clint. Trans,. hen
245.00
S7.G SS
573
L
4'x5' TraoezoiGal Chan,.
175.00
169.00
-jZ
° -7
_4
EA
Conc. NeaEwall 'i T oe
2,500.00
96.
14C00
3i6 1
L.F.
MeaEwal 6 ire, i Ien
v.UU
I2.ZL0
I
EA
Conc. Inlet h'/ e0 ris Structure
3.750.00
3.750
!2.400
CY
Shoo -fly Earthwork
100
IF 0C3
1.500
L.F.
Shoo -` Trac x- Install 8 Remove
40 AO
60.0]7
CY
Excavatio1- U1de,kss
1.00
2v ,,'0
i 1
L.S.
Twin m,-- S —cures
200
II .0 CO I
CY
Co, acted Sackfiil
1.00
."N
i3.C.0
0
200
L.F.
Main Tract - Remove A Re -i ^stall
4C.00
_
8
I
L.S.
Rai lroao Work B Ins ech on
28 .000
Sub -total Page 2 $2,058,460.50
Sub -total Page 1 $1,341,726,90
Total $3,402,187.40
Contingencies $ 340,213.74
Bond Total $3,742,406.10
FAITHFUL PERFORMANCE BOND (1008) $3,700,000.00
LABOR AND h1ATERIAL BOND (501) $1,850,000.00
ENGINEERING INSPECTION FEE, $ 136,712.49
MONUMCNTATION BOND (CASH) s 10,250.00
•
•
•
•
Bond 1712 2456
Premium:518,500.00
EXECUTED IN TRIPLICATE
FAITHFUL PF.RFOP.MAB 90`10
WHEREAS,
the City Council of the City of Rancho Cucamonga, State
of California, and al") nave entc certain lino an eyreemeni
(hereinafter desiSna tea as "p unc ip
whereby principal agrees to install and t, dates certain desigra ead
public imnroveme its, which said agreement, dated
198 and identified as project
rs hereby reterred to and made a pare
h¢reor; and,
WHEREAS, said principal is requ aid
ired order the [arms of of said
agreement to furnish a bond for the faithful performance s
agreement. ad
NON, THEREFORE, we the Principal ra
as sH a AMERICAN INSURANCE.
edeC %rmlY
I 100- -
bouno o: the City o- Rancho Cucamo iv
(hereinafter
Thousand a ad "CO /lO
in the oenal sum of po lets (i a �nn,9t� la%%: v1 moos; oc
the L'nite states, Or the payment o w inn m wail and truly to be
we bind ov rselves, our heirs, successors, executors and acmani-
made, v and save rally, firmly by [base presents,
strators, join tl. 1
The condition of this obligation is such that if the above
bounded principal, his or its heirsr execuGO rs, adminis tr atorsr
sors or assigns, shall in all things stand to and co abide
succesand provisions
well and truly keep and perfotm
in the aid greement and any alteration n thereof made as therein
s a
provided, on his or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects accordl-c to
their true intent and meaning, and shall i85e th ere[anstsale he'-"ehen
Ci ky, its off icersr agents and emplo yeast _. -.
this obliaa Lion shall become null and void; otherwise. '
remain in full force and ¢ff ° ^`
sole °I Cal iforni al u
cm„rrd Orange 1
m..a xe, °,t weFe m °•e °, w,e a °rrmv ere s °,. wl "°
25th, 1962 .r Joanne Jamrock
M.
On e r uMw,N erd . mr. P•, Ub ^vP•°^a
M1„•, "' A mm amore Company
n.M •" `°'^I
The American fns a \r °rrmmn °e•' "•pw'•° ,F. .e
e• Alrr,n•rm.Fan °I nu] ,Aw .nA,n anJ Ia.°a ry m.wmml.m. IMI .e <n mWr°uan rinor,•d "'•
\M rn ,r meW •e araM dWr petn°rl•d9H °
xm" eE°r•
In• . °d ,r.,,„mnm rr e•n°n ,I ,F. rra rvrPrrr r ^^ ....... h. a,r era r ^r .rm.e Ir Imo e.rn
--1
SIA11.e1 I AIIMIRYIA
I ot,11t nr_ SAN BERNARDINO_,__J "
o. May 25, I9 B2
nn........A„
stn <. mwmallnr James E: Me \e`ma is
e, n< 11.1 n. senior Vice
_
Joyce E:CI ender iri _"
Innn°IU mr rnM ASa i.... 4Jr, ur
ul IM1e Irre nrrF rn In.
Jw
Mrrw,I. FU .er ,reJ ,Ae w,I F,w
In. X IeF,I al lAe ,n ryr,l nrl,.re ,nl,a
","
,v le^I.rJ I ,Aal uA .nr l+x, Ilrt
1 nrn,n mrlr n rM.u. nl le llr F, I,w, .n v r<ml,,,tn of
1 ,. MUrJ n /II, eni
NFII IA I. sLAL
rnel,us FJ c;UN ;unsfr
Srllnnure. "[2•y�[° h�ii�GC /!'—d e!. _..
L
Bond 1712 2450AAL
premium: Inclu
EXECUTED IN TRIPLICATE
LABOR AND 4ATERIALMEN BOND
WHEREAS, the City Council of the City of Rancho Cucamonga, State
of California, and om
(hereinafter designated as "principal ") have entered into an agreement
.hereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated
and identified as project Tract 12044
I. hereby re erred to and made a part
Bret an ,
WHEREAS, under the terms of said agreement, principal is required
before entering upon the performance of the work, to file a good and
sufficient payment bond with the City of Rancho Cucamonga to secure
the claims to which reference is made in Title 15 (commencing 1.4itn
Section 3082) of Part 4 of Division 3 of the Civil Code of the state
of California.
NOW, THEREFORE, said principal and the undersigned as a corporate
surety, are held firmly bound unto the City of Rancho Cucamonga and
ail contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid agreement and
referred to in the aforesaid Code of Civil Procedure in the sin, of
One Million Eight Hundred Piftv Thousand and U./100 ----------
mollar. IS or materials
urnishec or later t ereon o any kind, or oz mounts due under the
Unemoloyment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond
will pay in addition to the face amount there.-, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by
sm,..1 CiliforniI ,
canlr,1 Orange
on May 26, 1982 111, —rn<..N.m,r p,m—n.nd :.r—A ce,:n,Y. -d Sr.,. .dloa
.nd -1 >n. -nor -ml-d Joanne M. Jason ck
The American Insurance Company
: n de.mb <d , .nd In =I .< , m .od I.,y.., Innr.m.nr .rd Io —I. m <,. E.
n.'.Mnn. dr, ", n<.ISf9ef r. I. m., <u<T corpvnuen
IN 'NITNE55'A'llillEOr ; hew. III nr M1.11 nM mn-. n rRa.J uyu1 NI dnr and Ywr..1ml.d m lb., rnuLwb aE.n
�.adr, •• SHIRIEY A. H LM • /J
Irxmr,Imm, �af]Nna1H� a<MJLE
^'J ANO inYSY
STATIC OF CALIPoRNIA .per
c0u nry nr _,SL1iI 9ERNA.. INO
ml_— ,May -25J 1982 Mlmrme. IM .N<,NEMd.. W +.rr wm: m.N lu<,.w
isum. ar malr +r ra_ fames E-MeNamara __
ln..mm�.la Na7.___.Deniur_ Vice he,�m,,N __.Tbpce'E- CTshL1 —en ln'
mmnmm<mM _ ASaletant _. s.n,,.n _ _
.1 Ilse wmrq+ll IM, a :,l<J IM .II II:n InNrumen,.
i Sna M R.vm <+nmrJ IM
Imin mnl m I M1.II .1 ,M ury.m n nrnn N.J. and
uIm»J;N m me
",mm I ^. i ,b fv. aMw,n +e .vad IM ) r;M IH SFU
1 .m'1 ; M n...,,w ren,IS IauNS¢r
I
rd of JN..Iwf r:.1 IAU I;u
1 WIt4 mY M1+M+N wfi —I.11 mh"v
heu
aIEMI.N}V71
0
CITY OF RANCHO CL•C:MONGA
SUBDIVISION
IMPROVEMENT AGREEMENT
TRACT NO. 12044
2. This agreement shall be effective on the date of the
resolution of the Council of said City approving said Final Map and
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.
], The Subdivider may request an extension of tine to
complete the terms hereof. Such request shall be submitted to tho
City in writing not less than 60 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 Subdivider fails or neglects to comply with the
provisions of this agreement, the City shall have the right at anv
time in cause said provisions to be at by any lawful means, and
thereu P(`n reeov, from the Subdivider and /Or his surety the full test
and expen sc• incurred.
5. The Subdivider shall Provide metered water service ce
each lot on said Tract in accordance with the requlations, schedules,
and fees Of the Cucamonga County Water District.
6. Utility- Deposit - Statement. Subdivider shall file with
the City Engineer, Prior to the cemeencement of any work to be performed
within th, areas describer) by said map, a written statement signed by
• Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made the deposit legally required by such
Public utility corporation for the ro nnec Ron of any and all public
u till ei OS to be supplied by such Corporation within such subdivision.
ra -,
KNOW ALL MEN BY THESE PRESENTS: That this agreement is nadc
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 Lvon Coneanv
hereinafter referred to as the Subdivider.
WITNESSETH:
• THAT, WHEREAS, said Subdivider desires to subdivide certain
real property in said City as shown on the previously approved Tentative
Map of Tract No. 12044; and
WHEREAS, said City has established certain requirements to
be met by said Subdivider as prerequisite to approval of the Final Mao
of said Tract by said City. '
•
NOW, THEREFORE, it is hereby agreed by said City and by said
Subdivider as follows:
1. The Subdivider hereby agrees to construct at Subdivid._r's
expense all improvements described on Page 5 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 said Final Map and
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.
], The Subdivider may request an extension of tine to
complete the terms hereof. Such request shall be submitted to tho
City in writing not less than 60 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 Subdivider fails or neglects to comply with the
provisions of this agreement, the City shall have the right at anv
time in cause said provisions to be at by any lawful means, and
thereu P(`n reeov, from the Subdivider and /Or his surety the full test
and expen sc• incurred.
5. The Subdivider shall Provide metered water service ce
each lot on said Tract in accordance with the requlations, schedules,
and fees Of the Cucamonga County Water District.
6. Utility- Deposit - Statement. Subdivider shall file with
the City Engineer, Prior to the cemeencement of any work to be performed
within th, areas describer) by said map, a written statement signed by
• Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made the deposit legally required by such
Public utility corporation for the ro nnec Ron of any and all public
u till ei OS to be supplied by such Corporation within such subdivision.
ra -,
11
7. The Subdivider shall be responsible for replacement,
relocation, or recoell of any component of any irrigation water system
in conflict with construction of required improvements to the satsfact
of the City Engineer and the owner of such water system.
B. improvements required to be constructed shall conform to
the Standard Drawings and Standard specifications of the City, and to
the improvements Plan approved by and on file in the office of the
City Engineer. Said improvements are tabulated an the Construction
and Bond Estimate, hereby incorporated on page 5 hereof, as taken from
the improvement plans listed thereon by number. The Subdivider shall
al:c be responsible for construction of any transitions or other
incidental work beyond the tract boundaries as needed for safety and
proper surface drainage.
9. Construction permits shall be obtained by the Subdivider
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 Depaztmen
Failure to comply with this section shall be sub3ect to the pomsltis.
provided therefor.
' " 10. The Subdivider shall be responsible for removal of all
loose rocks and other debris from public rights -of -way within or
adloinirg said Tract resulting from development work relative to said
Tract.
11. Work done within existing streets shall be diligently
pursued to completion. '
11. Parkway trees required to be planted shall be planted
the Subdivider after other improvement work, grading, and cleanup
been completed. Planting shall be done as provided by ordinance in
accordance with the planting diagram approved by the Citv Ccmmur.ity
Oeveloo ^,.ent Director in all locations where the adjoining lot has been
completely developed and built upon.
The William Don's Co. any the Subdivider shall be
zesco asible fer maintaining �es planted in good health until the
end of the guaranteed maintenance period, or for one year after plantin,
whichever is later.
13. The Subdivider is responsible for meeting all conditions
established by the City pursuant to the Subdivision Map Act, City
ordinances, and this agreement for the Tract, and for the maintenance
of all improvements constructed thereunder until the Tract is accepted
for maintenance by the City, and no improvement security provided
herewith 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 bond hereinafter described has been released by the City, ar
anti'. a new agreement together with the required improvement security
has been submitted to the City by a successor to the Subdivider herein
mm ^d, and by resolution of the City Council same has been accepted,
and this agreement and the improvement security therefor has been
released.
15. The improvoments security to be furnished by the Sub-
divider with this agreement shall consist of the following, and shall
be approved by the City Attorney:
A. A faithful performance guarantee bond assuring completion
by the Subdn"der of all conditions prerequisite to acceptance of the
Tract by the City.
B. A material and labor payment guarantee bond assuring •
paym^_. ^.t in full by the Subdivider for all materials, services, equipment
rentals, and labor furnished to the Subdivitler in the course of meeting
the conditions of this agreemnnt.
r
• C. A cash deposit with the City to guarantee payment by the
Subdivider to the tract engineer or surveyor whose certificate_ appears
upon the Final Tract Map for the setting of all tract boundary, loin
corner, and street ran to rline monuments and for furnishing centerline
tie notes to the City. The amount of the deposit may be any a -Dort
certified by the tract engineer or surveyor as acceptable payment in
full; or, if no value is submitted, the cash bond shall be as sho•'n or.
the Construction and Bond CSitmate 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 in full from the tract engineer or sorveyc:
D. The required bonds and the principal amounts thereof are
net forth me page 4 of this agreement.
A. Contr}ctbr's liahili Cy insurance providing bodily in',ury
or dcat4 liability limits of not less than $300,000 for each perean
and $1,000,000 for each accident or occurrence, and property damage
liability limits of not less than $100,000 for each accident or occurrence
with an aggregate limit of $200.000 for claims which may arise from
the o orations of the Developer in the performance of the work herein
pro vi �aa.
P. Automobile liability insurance covering atl vehicles
o•d in the performance of this agreement providing bodily injury'
Lability 11mv Ln of not less than 5200,000 Car each person and $100,000
for each icclden' or occurrence, and property damage liability linits
of not le ,;; than $50,000 for inch accident or occurrence, with an
aggronatc of not less than $100,000 which may arise from the operations
of the Developer or his Contractor in performing the work providod far
herein.
18. That bcfor,• the a ^•.rtion of this agreement, the Developer
• shall file with the City a certlfl.;ate or cortificates of insurance
e
covring the specified insurance, Bach such certificate shall bear an
eriooracment precluding the cancellations, or reduction in eoverane of
any pollcv evidences hy such ter u;loa C^, before the expiration of
thirty (30) days after the Cit7 shall have received no LifiCation by
registen.d mail from thr insurance carri ^r.
16. The Subdivider warrants that the improvements described
in this agreement shall be free from defects in materials and eorkmans 5
Any and all portions of the improvements found to be defective a thin
one (1) year following the data on which the improvements are accepted
by the City shall be repaired or replaced by subdivider free of all
charges to the City. The Subdivider shall furnish a maintenance
guarantee band in a sum equal to ten percent (loft) of the constr_ct'_on
estimate or $200.00, whichever is greater, to secure the faiths'.!
performance of Subdivider's obligations as described in this paracrapS.
The maintenance guarantee bands shall also secure the faithful nerfc .aac'
by the Subdivider of any obligation of the Subdivider to do spec fled
wore .with respect to any parkway maintenance assessment district.
Once the improvements have been accepted and a maintenance guarantee
bond 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, during
the term of this agreement, such public liability and property de-.age
insurance as shall protect him and any contractor or subcontractor
performfno work covered by this agreement from claims for propar -y
damaces which may arise because of the nature of the work or iron
operations under this agreement, whether such operations be by hinself
or by any 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 subcontrnct,.r ar
an�Dne employed by said persons. The public liability and property
damage insurance shall also directly protect the City, its officers,
agent- and employees, as well as the Developer, his contractors and
his subcontractors, and all insurance policies issued hereunder shall
ao state. The amounts of such insurance shall be as follows:
A. Contr}ctbr's liahili Cy insurance providing bodily in',ury
or dcat4 liability limits of not less than $300,000 for each perean
and $1,000,000 for each accident or occurrence, and property damage
liability limits of not less than $100,000 for each accident or occurrence
with an aggregate limit of $200.000 for claims which may arise from
the o orations of the Developer in the performance of the work herein
pro vi �aa.
P. Automobile liability insurance covering atl vehicles
o•d in the performance of this agreement providing bodily injury'
Lability 11mv Ln of not less than 5200,000 Car each person and $100,000
for each icclden' or occurrence, and property damage liability linits
of not le ,;; than $50,000 for inch accident or occurrence, with an
aggronatc of not less than $100,000 which may arise from the operations
of the Developer or his Contractor in performing the work providod far
herein.
18. That bcfor,• the a ^•.rtion of this agreement, the Developer
• shall file with the City a certlfl.;ate or cortificates of insurance
e
covring the specified insurance, Bach such certificate shall bear an
eriooracment precluding the cancellations, or reduction in eoverane of
any pollcv evidences hy such ter u;loa C^, before the expiration of
thirty (30) days after the Cit7 shall have received no LifiCation by
registen.d mail from thr insurance carri ^r.
n
u
As evidence of understanding the provisions contained herein, and of
intent to comply with same, t.. ^.e Su'odivider has submitted the below
described improvement security, and has affixed his signature hereto:
FAITHFUL ?ERFORMANCE BOND
Description: Tract 112044 Principal Amount: $1,400,00
Surety: The American Insurance Company
Attorney -in -Face: Joanne M. Jamrock
Address: c/o Len Miller s Associates
18121 Irvine Blvd.
Tustin, Ca. 92680
MATERIAL AND LABOR PAYMENT BOND
Description: Tract #12044 principal Amount: 5 700,00
sura ty: The American Insurance Company
Attorney-in -Fact: Joanne M. Jamrock
Address: c/o Len Miller c Associates
18121 Irvine Blvd.
Tustin, Ca. 92600
CASH DEPOSIT MONUMBNTING BOND
Amount as shown on Construction and Bend Estimate:
MAINTENANCE GUARANTEE BOND
To be posted prior to acceptance of the tract by the City. •
Principal Amount:
ICwWnlrm l• M. rmu. Ce
.STATEOFCALIFORNIA [rTEri A nano
e
COONW OF AN BPR rAN RpT15D__}
Ord MnX_�S,.�Qg], MIm< me. rw .Mnv[ryJ. a Na rr rvblre m .M Im .tiJ
wN.
Lronr p m am 1,l w e pok- _ SennieDiL�.Yii.McecN— amnae.rea-
m, .N_Soyce.�. C1end'enin_ _._
a,wr. memw___ASSisF.'ha m..Y
a rM twportrwn mw
'N e,rtmw rw .. wurumrm.
ino.n eo m< r. w .1 amr> .w aww. rM .nM1ro
InunTmr m MMR of rM wlgnrun v— Nme, 'N
rtlnv.lnl[N m
M. mvry a nmN rM
1 .irM1in inYrnmenl purruml rain LY'I wi1w . ,ewlvlron ul 0:FiC1AL SE 1L
PH 11, f.1r LtUN6EY
WITNl55 nrY Mml anJ dryu,l wal. ^• Y:>P :'rr et [.n.artM.
�Ir
tii'/ Nn
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me
ai l[Y
Iin, nu rnr.u¢ulrnrrl .,lr
A oast:
C1 [y Clerk
Date
Ci[y \t torney
•
•
,::-.:
co::S 7 V:S -X::0 . s71 uM.
FEC sl"::nDGt::
DATE: May 20, 1982 PrinNI-I NO. Co![P"-ZD 37 sm
File Reference Tract 12044 CL" D'.—D,; No.s 746
SOTS: De,es no[ irclitda current fee for -ari o in, perch e. ,long.,. cop
.o,,, de,• :i,,
C0%8TRT:MO4 COST MVIATE.
CO,'.'8TR',C1 WN COST $1,289,000
M.TINGZSCY C.0,M 98,950
roTAL Ctl%'STRICTTON ikISF5 $1,387,95
FAITIPTT I lO,ID (jVO'd $1 400,00
d %':l aAT;'ZIM, Pl)\-d (5D'.) $ 700,000
EMINO.A.SIN,
ou SCIN.MLY.)
INiA-;0:; iWN11
BOND 1712 2457
PREMIUM: $7,000.6
EXECUTED IN TRIPLICATE
FAITHFUL PERFOP.UNNCE HOND
WHEREAS, the City Council of the City of Rancho Cucamonga. State
of California, and THE WILLIAM LYON COMPANY
(hereinafter designated as "princrpa ") have entered into an agreement
whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated
198, and identified as project Tract 11044
aS herehy referred to end made a part
WHEREAS, said principal is required under the terms of said
agreement to fur.-.ish a bond for the faithful performance of said
agreement.
NON, THEREFORE, We the principal and THE AMERICAN INSURANCE
SOMpl\NY as surety, are held and firmly
ou. un :c the Rancho Cucamonga (hereinafter called "Cit -l'),
in Lhe +penal sum of n�,._.ni\lion Four Hundred Thousand and nc /100--
Dellars ($ ) awT u� n- .off
the United States, or the payment o w u sum we 1 and truly to be
made, we bind ourselves, our heirs, successors, executors and admini-
strators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above
bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, a,&
well and truly keen and perform the covenants, conditions and prcvf r
in the said agreement and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the time
and in the manner therein specified, and in all rescects accord'_:= to
their true intent and meaning, and shall indemnify and save harmless
City, its officers, agents and employees, as therein stipulated, then
this oblica rich 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 the
face amount specified therefor, there shall be included costs and
reasonable expenses and fees, including reasonable attornev's fees,
incurred by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no phange, extension
Of time, alteration or addition to the terms of the agreement or to
the work be be performed thereunder or the sped flea [ions accompanying
the same shall in anywise affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteratir
or addition to the terms of the agreement r,
1. 1.
µo
ICO.., - I
iAUiiaNCf
STATE OF CALIFORNIA
couNrr rn'— SAN_BERNARDL'iO_I
_MdY. 35_. -19 52- _Mlwe m [. IM Umknip,,,l.a
NU'ary NMw m.M (w eN
suw.,awwI,.ow.,.J._. _James E, McNamara --
- -- -
k,m.nmm.u'e„Iw - -_ Senior Vice__numnt ,m_Jeyce_E.C1enJeni0. _.
kn.wnmm, Inn ._ _.Assistant .x.rcun
of IN cvgvnm i.1 , ml 'ht vn.m Im,rvm,m.
kno a Ee Is w'wm •M a 'al IN .ham
Imlrvrwnl w MNII of tM .wMnm Ilan. led
J.
:w 'o 'M iMl 'u.n [.vpv,inm a ........
lMnav n n,l.[J
vl mumem Oun..A, I. [ nY'la •[ m , rtaluuan ul
1:' FL \I fL.
u eo,[Jal mrnen'
1
GI I' /Ltli LI. MU
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WII NFSS my RaM.nJ dlrcnl uA
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•
BOND 0712 2457A
PREMIUM: INCLUDED
EXEUCTEO IN TRIPLICATE
LABOR AND MATCRIALMEN BOND
WHEREAS, the City Council of the City of Rancho Cucamonga, state
of California, and THE WILLIAM LYON COMPANY
(hereinafter designaterincipal") have entered into an acrecrer,t
whereby principal agrees to install and complete certain desig:.ated
public improvements, which said agreement, dated
and identified as project T -art 12044 -- _
_, is hereby referred to and mace a part
e reo[; an ,
•
Should the condition of this bond be fully performed, than this
obligation shall become null and void, otherwise it s0a11 be and
ielnn in in full force and affec`..
s l,�e m r.1. •_...
WHEREAS, onder the terms of said agreement, principal is required
LulNrrur. SAN BEiC:ARpL "0 _ _f
before entering upon the performance of the work, to file a gccd and
rN, May 25, 1982 m, m, r
sufficient payment bond with the City of Rancho Cucamonga to secure
damcv E. Mctema ea _
the claims to which reference is made in Title 15 (coc encing with
are.. rrrwllannrlfa,.J d
Section 3082) of Part 4 of Division 3 of the Civil Code of the State
mo•rl lie. rJ lu ma _ S
of California.
llm.nmm.en. As siscant. yJ,El.g
. N6-' THEREFORE, said principal and the undersigned as a cerooratu
.. IM1e •Irwin InM,Jlrenl.
surety, are held firmly bound unto the City of Rancho Cucamo r.oz and
all contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid agreement and
[ In. m Nlul! ul lhv .nrpnnn.n J� mN, aM
referred to in the aforesaid Code of Civil Procedure in the sun of
Seven Hundred Thousand and n0/100 -----------------""---
ars 1, or mataria'_s
arnished or labor thereon o any kind, or Drams due under the
.,Ao
. l
Unemployment Insurance Act with respect to such work or labor, that
•
said surety will pay the same in an amount not exceed'_ng the a ,-.aunt
hereinabove set forth, and also in ease suit is broach[ upcn thfa bcac
will pay in addition to the face amoont thereof, costs and reasonable
expenses and .fees, including reasonable attorney's fees, incurred by
City in successfully enforcing such obligation, to be awarded and
fired by the court, and to be taxed as costs and to be included In the
judgment therein rendered,
It is hereby expressly stipulated and agreed that this bond shall
inure to the benefit of any and all persons, companies, and c - paration:
entitled to file claims under Title 15 (commencing with Section 3082)
of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
•
Should the condition of this bond be fully performed, than this
obligation shall become null and void, otherwise it s0a11 be and
ielnn in in full force and affec`..
s l,�e m r.1. •_...
SO}
W I I V IA1 ml haM aml rill l(I.il 4al 1' Ir)
-- 1. ol. �
11..,.1. "1 —N .,.r. I".
LulNrrur. SAN BEiC:ARpL "0 _ _f
rN, May 25, 1982 m, m, r
rrn..d,, mna,r r��nr�. �� —1 (1...N
damcv E. Mctema ea _
-
.,
are.. rrrwllannrlfa,.J d
Joyce E.Clenderi ili
mo•rl lie. rJ lu ma _ S
llm.nmm.en. As siscant. yJ,El.g
.. IM1e •Irwin InM,Jlrenl.
rFel 1'ervn. nlrn , J IM "IFrn
[ In. m Nlul! ul lhv .nrpnnn.n J� mN, aM
lnwN m IMI u.F .m ±
.,Ao
. l
� n!'I :C I1L SF.AI.
1 l
C. f:UNEEy S
-- 1. ol. �
11..,.1. "1 —N .,.r. I".
•
CITY OF RANCHO CUCAt ONGA
SUBDIVISION
IMPROVEMENT AGREEMENT
TRACT N0, 12045
KN04 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 Thn M'1liam Lven tom
. he ret oaf ter referred [a as Me Subdivider.
MITNESSETH:
Lf�
THAT, WHEREAS, said Subdivider desires to subdivide certain real property in said
City
as shown an the previously approved Tentative Map of Tract No. 12045 : and,
WHEREAS, said City has established certain requirements to be met by said Subdivider
as prerequisite to approval of the Final Map of said Tract by said City;
NOW,
THEREFORE, it is hereby agreed by said City and by said Subdivider as falls.$:
1.
The Subdivider hereby agrees to construct at Subdivider's expense all improve-
ments described on Page 5 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 said final Map and 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 pro-
vided.
3.
The Subdivider may request an extension of time to complete the terms hereof.
Such request shall be submitted to the City in writing not less than 60 days
before the expiration date hereof, and shall contain a statement of circum-
stances necessitating the extension of time. The City shall have the right to
review the provisions of this agreement, including the construction stands' Es,
cost estimate, and improvement sec arity, and to require adjustments therein if
any substantial change has occurred during the term hereof.
4.
If the Subdivider fails or neglects to comply with the provisions of this
agreement, the City shalt have the right it any tip. to cause said provisions
to be net by any lawful mean•„ and thereupon recover from the Subdivider and /or
his surety the full cost and expense incurred.
5.
The Subdivider shall provide metered water service to each lot on said Tract in
accordance with the regulations, schedules, and fees of the Cucamonga County
Mater Uistrict.
6.
Utility p0pmit- Slnterent. Subdivider shall file with the City Engineer, prior
to t1le c1,7 "encerent of u / war' to be perfored within the areas described by
said rap, a written statement sigma by Subdivider, and each public utility
cmparatinn involved, to the effect that Subdivider has made the deposit
1crally required by such public. utility corporation for teat connection of any
and all public utilities to be supplied by such Corporation within such sub-
division.
7.
iha subdivider shall be responsible for replace,ent, relocation, or removal of
any co *pin ^nt of any irrigation water system in conflict with construction of
required inprovenents to the satisfaction of the City Engineer and the m +ner of
•
such rater system.
Lf�
IMPROVEMENT AGREEMENT TRACT NO. 12045 PAGO
B. Improvements required to be constructed shall conform to the Standard Drawings
and Standard Specifications of the City, and to the Improvements 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 5
hereof, as taken from the improvement plans listed thereon by number. The
Subdivider 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.
9. Construction permits shall be obtained by the Subdivider from the office of the
City Engineer prior to start of ao rkt all regulations listed that" n 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.
10. The Subdivider shall he responsible for removal of all loose rocks and other
debris from public rights -of -way within or adjoining said Tract resulting from
development work relative to said Tract.
11. Work done within existing streets shall be diligently pursued to completion.
12. Parkway trees required to be planted shall be planted by the Subdivider after
other improvement work, grading, and cleanup has been completed. Planting
shall he done as provided by ordinance in accordance with the planting diagram
approved by the City Community Development Director in all locations where the
adjoining lot has been completely developed and built upon.
William t on Can an the Subdivider shall be re-
sponsible or ma otaaning a trees p ante m good health until the end of
guaranteed maintenance period, or for one year after planting, whichever is
later.
13. The Subdivider is responsible for meeting all conditions established by the
City pursuant to the Subdivision Map Act, City ordinances, and this agreement
for the Tract, and for the maintenance of all improverents constructed there-
under until the Tract is accepted for maintenance by the City, and no in-
provenent security provided herewith 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 bond here-
inafter 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 Subdivider 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 improvements security to be furnished by the Subdivider with this agreement
shall consist of the following, and shall be approved by the City Attorney:
A. A faithful performance guarantee bond assuring completion by the Sub-
divider of all conditions prerequisite to acceptance of the Tract by the
City.
B. A raterial and labor payment guarantee bond assuring payment in full by
the Subdivider for all materials, services, equipment rentals, and labor
furnished to the Subdivider in the course of meeting the Conditions of
this agreement.
C. A cash deposit with the City to guarantee pal,rent by the Subdivider to the
tract engineer or surveyor whose certificate appears upon the Final Tract
Map for Joe setting of all tract boundary, lot corner, and street center-
line mnmimsmts and for furnisning centerline tie notes to the City. The
annum of the deposit may he any amount certified by the tract engineer or
surveyor as acceptable payrcent in full; or, if no value is submitted, the
cash bond shall be As shown an the Construction and Bond estimate Contaig�d
he, ein. G
I
J
IMPROVEMENT AGREEMENT TRACT NO. 1204S PAGE 3
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 in full from the tract engineer or surveyor.
D. The required bonds and the principal amounts thereof are set forth on page
q of this agreement.
16. The Subdivider warrants that the improvements described in this agree-'ent shall
be free from defects in materials and workmanship. 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 shall be repaired or replaced
by subdivider free of all charges to the City. The Subdivider shall furnish a
maintenance guarantee bond in a sum equal to ten percent (301) of the con-
struction estimate or 5200.00, whichever is greater, to secure the faithful
performance of Subdivider's obligations as described in this paragraph. The
maintenance guarantee bonds shall also secure the faithful performance by the
Subdivider of any obligation of the Subdivider to do specified work with
respect to any parkway maintenance assessment district. Once the improvements
hive Keen accepted and a maintenance guarantee bond has been accepted by the
City, the other improvement security described in this agreement may be re-
leased 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, during the term of this acree-
m.nt, such public liability and property 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 contractor or subcontractor, or anyone directly or indirectly
employed by said persons, even though such damages he not caused by the r.egli-
genre Of the Developer Or any contractor or subcontractor Or anyone e'Jlc;:ed by
said persons. The public liability and property dar,.age insurance shall also
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 amounts of such insurance shall be as
follows:
•
A. Contractor's liability insurance providing bodily injury or death lia-
bility limits of not less than S300,0e0 for each person and S1,00J,0 °0 for
each accident or occurrence, and property damage liability limits of not
less than $100,000 for each accident or occurrence with an aggregate limit
of S200,000 for claims which may arise from the operations of the Devel-
oper in the performance of the work herein provided.
B. Automobile liability insurance covering all vehicles used in the per -
for -.anee of this agreement providing bodily injury liability limits of not
less than S200,000 for each person and S300,000 for each accident or
occurrence, and property dar.ace liability limits of not less than 550,000
for each accident or occurrence, with an aggregate of not less than
5100,000 which may arise fro, the operations of the Developer or his
Contractor in performing the pork provided for herein.
10. T!'mt before lhv 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 hear an endorsement Drer,luding the cancellations,
or rvi,ctiun in covpraoe of any policy evidences by such certificate, before
the e.piralinn of thirty (30) days after the City shall have received notifica-
tion by registered mail from the insurance carrier.
i.
i
IMPROVEMENT AGREEMENT TRACT NO. 12045 PAGE
As evidence of understanding the provisions contained herein, and of intent to
comply with same, the Subdivider has submitted the below described improvement
security, and has affixed his signature hereto:
FAITHFUL PERFORMANCE BOND
Descri Ptl On: Tract 12045 Principal
Amount: $1,284,000
Surety: The American Insurance Company
Attorney -in -Fact: SOanne M, Samrock
Address: ,.eo Miller i A990CiataS
18121 Irvine Blvd.
Tustin, California 92680
MATERIAL AND LABOR PAYMENT BOND
DescriPt1O0: Tract 12045 Principal
A punt: S 642,000
Surety: slue American Insurance Company
Attorney -in -Fact: Joanne M. .Tamrock
'
Address: %Len Miller f Associates
18121 Irvine Blvd.
Tustin, California 92680
CASH DEPOSIT MONUMENTING BOND
/y3o0 fF--C
SPATE OF CALIFORM,x
eou. l Oe SAN BERNAIlk HO
25,_ 1952 Mln,e me. ll,e
umkrfy„Ni, VwarY Nbll in ,nJ Ior uN
.Tames E. McNamara
'
T mu.aro .nr•MUrN -- Tice
So ce E Clender n
_pmam.
Assista
n£ x.ru.,y
al Ilu wIw•liw, I vi,bin In,lrnmenl.
Lno.n b b M IM Aron, owulN ,h .abn
mx nM h.
Inu b IRmn wnrtJ, anJ
owf
h
—w' M 0-1 -
oJn
v-1.
IC L
{;
y
. bl,alnm
WIN" .nbnell ro, 1 I.
^ Ha
PM+OuF•Il''s L.\m.iF.
onL '
lI J U aa
:
'Y
W' VOA m1b1ea.W.WA
i O\t
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lf^u
�w
CITY OF RANCHO CUCA'1CNGA, CALIFORNIA
a municipal corporation
by Mayor
Attest:_
City Clerk
City Attorney •
0
•
C,
J
CITY OF RASCHO Cu"MONCA
cW:S7SUCTION AND BOND ESTIIL\TE
ENCROACHXERT FERIIT FEE SCHEDULE
(Attach to "Inspector's Copy ")
DATE: May 1982 PERIIT NO. CWPUTED By Hall 6 Foreman
File Reference Trect 12045 city UrnvinR No, 750
NOTE: Dues not include entreat fee for v: iting permit Or pavement replace-
ment deposits.
CONSTRUCTION COST ESTI:.ATE
ITEM
O'CANTITY
UNIT
UMT
COST
5 Y '" -
v.r.r _ ro•• r o B" Gutter
1 312
1.1LIIR AND KITFRIAI. ROT (50:)
S 5.25
ENGINEERING T:SMITON FEE
3
P.C.C. r.i rh - R^ c F. 24" utter
M30
L. F.
6.00
54,180
P.C.C. Fcrh ,mlz 8 " C.F.
Rq
L.F.
A.C. Pete, !<_,)n n s
L. F.
4^ P.O.I. Sid +walk
8J 413
S.F.
1.75
1524973
6" Drivo Anernach
28.049
5.F .
2.50
70 123
8" P.C.C. Cmss Ce",
12,770
S.F.
.40
43,419
5[[eF[ F.r wvarton
6.1'.
taco[t e4 FI6an kmcnt
C.Y.
Prr oa tar lon of SWmrade
S.F.
n
19
R4 0^
n c ' h' 'i
I
S. F.
A.C. lover 1300 tons)
TON
A.C. f9OO to 1300 tons)
101'
A.C, seder $00 to 900 cons
TON
M1— : sOO llr0
I TO'
Pat c4 A.C. (rccnrF)
S.F.
1" Thick A.C. Ove:la.
S.F.
An . t^ trade
1
Est.
Ad last F.... C.O. to L
I
EA.
AAi,wt '. r Cafives t'•[Cr.iar
I
EA.
12�
F.,. r lair
1 123
1 F.N.
: ^e
Stree•
1
CA.
I
IA.
On
1 ,c8
6 C50
ur. on
L.
3 035
Id KLP �4UUU Up
I 6 5
L.
1 ,B7
90
36" RCP (200001
1
catch Basin M
cal D..re s0r,n 4'
I 4
500.00
_I"qGO
2,000
to al De ressi0n 12'
I
Junction Structure
3
Ea.
Jo
10,501
2 " RLP
3]
L.F.
27.50
1,018
2J" RCP
365
L.F.
32.00
11 ,680
30' RC
a
L.
X4.00
11972
Trt� afi'ndTAor [car u9 Ayers
a.
Outlet Structur0 Std. 507
I6
Ea.
500.0'1
8'000
) I I/
CONSTRUCTION COST
CO::TINGLNCS' COSTS
1 6.612 --
TOr.1 CONSTRUCTION COSTS
11284.000
FAITH7LI. PBFFCrIa NCE W;tD (100'.)
1,284.000
1.1LIIR AND KITFRIAI. ROT (50:)
642,000
ENGINEERING T:SMITON FEE
47 Vn
(FEE SCI:IACI.E)
� _.`,�^
/ 2co !' e
MONI ^:CNIATI0:: MONO (C \SH)
J�e-
BOND 4712 2451
PREMIUM: $6,42•
EXECUTED IN TRIPLICATE
WHEREAS, the City Council of the City of Rancho Cucamonga, State
of California, and THE WILLIAM LYON COMPANY
(hereinafter designated as -principal-)- have entered into an agreement
whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated
190_, and identified as project Irso,
rs he" by referred to and mace a part
ereor; and,
WHEREAS, said principal is required under the terms of said
agreement to furnish a bond for the faithful performance of said
agreement.
NOW, THEREFORE, we the principal and THE AMERICAN INSURANCE
COMPANY , as surety, arm h— e d and firmly
n
bound unto the City of Racho Cucamonga (hereinafter called "City "),
in •the: Penal sum Of One Million Hundred i h Four Thousand and no /100 - --
Dollars (*la gaa lawful money of
U., the L iced States, or the payment of wc sum we')
e 1 and truly to be
made, we bind ourselves, our heirs, successors, executors and admini-
strators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above
bounded principal, his or its heirs, executors, administrator S,
successors or assigns, shall in all things stand to and abide SLY, a•
well and truly keep and perform the covenants, rend: [ions and provi n.
in the said agreement and any alteration thereof made as there..,
provided, on his or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless
City, its officers, agents and employees, as therein stipi,lated, 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 the
face amount specified therefor, there shall be included costs and
reasonable expenses and fees, including reasonable attorney's fees,
incurred by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no phange, extension
of time, alteration or addition tO the terms of the agreement or to
the work to be performed thereunder or the specifications` accompanying
�A«tafMUSaeIA�a
Iewpw,rwnl
STATEOFCAMPORNIA
CousrY oF_-£ N_BERN�IYO —�
02 Mew 2b. ig82 reline me. rM umle
nenJ. • Nw•rY MoMK in ,M Iw uN
_,
E.- Me Namara
}
Sun. Iernl•Rr •sI +•md_— _!sine's
Vico
Tayce�- Clan�anin'
I mo.n ra me 1, ne ln. .___.Senior - _Fr„le.m.
p 'Inul m•mN___Assistant _.yam,Y
..e
--
al IN twry}alim IN, • .IN IM wil Fm mul —ru.
ro IN ro N IN Mo., wM "nulW IN •Il l,m
i1.—
lNuumAl un RNII of IN IwWNI....... —ea. •M
W- "Ildeld 10 m, 1111 1u1 mrRn•uJn a .mN rN
epllln Imlrume.. ........o I,Ill., .f w areudu.wo d(
I, I'd nl 1.11"IU,
0!1111A11!11.
it
wlTnlai mY a•M •M ,aN,e xal
/: � :.` PHYI LIi LL I,1W
.
%/4'�
Slln•mre L_( {�v //l /r••U -_
•YU.m..u"LaVm 1.II:Y
EXECUTED IN TRIPLICATE
LABOR AND MATERIALMEN BOND
BOND 6712 2453.`,
PREMIUN: INCLUDE
•
Should the condition of this bond be fully performed, then this
obligation shall become null antl voidr otherwise it sball be and
remain in full fcroi and uffaCt.
The surety hereby stipulates and agrees that no change, extension
.1 +.••n Cion or addition to the terms of said agreemont or thr
-s,Il ie env manner affect its
ICur n•,larrnnl,llnf
WHEREAS, the City Council Of the City of Rancho Cucamonga, State
StATF:Oh CALIFORNIA
of California, antl N A'Y
COUNrynr- SAIN BERNARDIYU._.._.� ss
(hereinafter designated as "prancipa l ") have entered into an a5re cent
on May 25, 1482
whereby principal agrees to install and complete certain designated
-- - _ _
_. Mx•n s.. IM Mn,gn.,L a v.n,rr elr. m,m rn. w
Names E. P1eFama ra
f
public improvements, which said agreement, dated , 1981
Assistant s........
i d IM rwryrmnn Ills ,Ow, IM n0rn In,hnrrcnl,
and identified as project Tract 1204
I.
^. ...r
nehav eerred to and made a part
.........l . MM1Ill nlnrM1r .dMra nJ
rin. .. ..
rJ. J
ereo:: an .
a. \nn.l.Jy.J lu nr[ swI IN Ir
+nFrn rumrm Onry ""•I"'unnn a eupW M
Imr uanl Io In aY 4•. .y a Ie,Wr,rrwl nl
V mMnW nl Jrrn nn
WHEREAS, under the terms of said agreement, principal is regvir'
^ ! . l \t.l,
'ITS rlPH/a
before entering upon the performance of the work, to file a gc_d and
sufficient payment bond with the City of Rancho Cucamonga to servre
the claims to which reference is made in Title 15 (commencing ::i th
Section 3082) of Part 4 of Division 3 of the Civil Code of the 5tate
of California.
Mail, THEREFORE, said principal and the undersicned as a corporate
surety, are held firmly bound unto the City of Rancho Cucd ^.en' :3 and
all contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid aoreec.ent and
referred to in the aforesaid Code of Civil Procedure in the su. -, of
. Hundred Em,,yT-Tqn Thousand and Tel 110 _ — -_-
De ors ($642 oao.00 1, £or s.e_ -als
cans ed or abor G ereon o any kind, or or amounts due uncle: the
Unenploynent. Insurance Act with respect to such wont or labor, that
•
Said surety will pay the same in an amount not exceeding the ae: -ant
in is brought upon t.-.:s boau
herelnebove set forth, and also case suit
will pav in addition to the face amount thereof, costs and real o::ablc
expenses and fees, including reasonable attorney's fees, incur-.s3 by
City in successfully enforcing Such obligation, to be ana rded sac
fixed by the court, and to be taxed as costs and to be include:' in tho
judgment therein rendered.
It is hereby expressly stipulated and agreed that this boOd shall
inure to the benefit of any and all parsons, companies, and corps ratior:a
entitled to file claims under Title 15 (commencing with Section 3082)
of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bend.
•
Should the condition of this bond be fully performed, then this
obligation shall become null antl voidr otherwise it sball be and
remain in full fcroi and uffaCt.
The surety hereby stipulates and agrees that no change, extension
.1 +.••n Cion or addition to the terms of said agreemont or thr
-s,Il ie env manner affect its
ICur n•,larrnnl,llnf
rrvSt,N AxfF
StATF:Oh CALIFORNIA
AnU lxvS!
COUNrynr- SAIN BERNARDIYU._.._.� ss
•r•w,.�..
on May 25, 1482
-- - _ _
_. Mx•n s.. IM Mn,gn.,L a v.n,rr elr. m,m rn. w
Names E. P1eFama ra
f
Fnu.n Lr ne mM m.___- ..Senior Vice Joyce E.Clendenin
Assistant s........
i d IM rwryrmnn Ills ,Ow, IM n0rn In,hnrrcnl,
_•
I.
^. ...r
.........l . MM1Ill nlnrM1r .dMra nJ
rin. .. ..
rJ. J
a. \nn.l.Jy.J lu nr[ swI IN Ir
+nFrn rumrm Onry ""•I"'unnn a eupW M
Imr uanl Io In aY 4•. .y a Ie,Wr,rrwl nl
V mMnW nl Jrrn nn
^ ! . l \t.l,
'ITS rlPH/a
WI1 rv155 mY MnJ,M Omual ,e,l
i/
IM
CITY OF RANCHO CUCAMONGA
SUBDIVZSION
IMPROVEMENT AGREEMENT
TRACT NO. 12045
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 corpora tion,
by and between said City, hereinafter referred to as the City, and
The Will Lvon Company__
heresnaf— tired to a— s�the Su 'rvrder.
WITNESSETH:
' "THAT, WHEREAS, said Subdivider desires to subdivide certain
real property in said City as shown on the previously approved Tentative
Map of Tract No. 12045; and
WHEREAS, said City has established certain requirements to
be met by said Subdivider as prerequisite to approval of the Final Map
of said Tract by said City.
NOW, THEREFORE, it is hereby agreed by said City and by said*
Subdivider as follows:
1. The Subdivider hereby agrees to construct at Subdivider's
expense all improvements described on Page 5 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 said Final Map and
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 Subdivider may request an extension of time to
complete the terms hereof. Such request shall be submitted to the
City in writing not less than 60 days before the expiration date
hereof, and shall contain a statement of circumstances necessitating
the extensi0a 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 Subdivider fails or neglects to comply with the
provisions cf this agreement, the City shell have the right at any
tia.0 to aauac =aid prnvtaton:: Go be met by any lawful means, and
thereupon recover from the Subd hider and /or his surety the full cost
and expense incurred.
S. The Subdivider shall provide metered water service to
each lot nn said Tract in accordance with the regulations, schedules,
and fees of the Cucamonga County Water District.
6. Utility - Deposit- Statement. Subdivider shall file with
the City Engi nen.r, prior to the commencement of any work to be performed
within the areas described by said map, a written statement signed by •
Subdivider, and each public utility corporation involved, to the
effect that Subdivider has made the deposit le.oally required by such
public utility corporation for the connection of any and all public
utilities to be supplied by such Cnrp� ration within such subdivision.
IJ 7
•
I.
The Subdivider
shai.l be responsible for replactnent,
relocation,
or removal of any
component of any irrigation wate,- system
in conflict
with construction
of required improvements to the satisfactioe
of the City
Engineer and the
owner of such water system.
B. Improvements required to be constructed shall conform to
the Standard Drawings and Standard Specifications of the City, and to
the Improvements Plan approved by and on file in the office of the
City Engineer. Said improvements are tabulated on the Construction
and Food Estimate, hereby incorporated on page 5 hereof, as taken fro::.
the improvement plans listed thereon by number. The Subdivider shill
also be responsible for construction of anv transitions or other
incidental work beyond the tract boundaries as needed for safety and
proper surface drainage.
9. Construction permits shall be obtained by the Subdivider
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 nbgxrtnna.'.ts.
Failure to comply with this section shall be subject to the penalties
provided therefor.
' ''10. The Subdivider shall be responsible for removal of all
loose rocks and other debris from public rights -of -way within or
adjoining said Tract resulting from development work relative to said
Tract.
11. Work done within existing streets shall be diligently
pursued to completion.
12. Parkway trees required to be planted shall be plantod by
• the Subdivider after other improvement work, grading, and clear.up has
been completed. Planting shall be done as provided by ordinance in
accordance with the planting diagram approved by the City Cocauo!ty
Development Director in all locations where the adjoining lot has been
completely developed and built upon.
The Wil3iamTon Company the Subdivider shall be
responsible for main caini nq a 1 Vees ppla n red in good health until the
end me the guaranteed maintenance period, or for one year after planting,
whichever is later.
13. The Subdivider is responsible for meeting all conditions
established by the City pursuant to the Subdivision flap Act, City
ordinances, and this agreement for the Tract, and for the maintenance
of all improvements constructed thereunder until the Tract is accepted
for maintenance by the City, and no improvement security provided
herewith 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 bond hereinafter described has been released by the City, or
until a new agreement together with the required improvement a c.-iba
has been sitmitted to the City by a successor to the Snidivid, heroin
named, ern', by resolution of this City council same has been accepted,
and t s agree meat Old the improvem.•nt security ehcrofor has en
s be
relcasgd.
15. The lmprnvorents security to be furnished by the Sub -
divider with this agreement shall consist of the folirna nq, and shall
he approved by the City Attorney:
A. A faithful porformanco quorantoe bend assuring resolution
by the Suviivin, of all conditions proreguisite to jeceptarc, of the
Tract b, ;h•: City.
• D. A material and label payment nuaantec bond assuring
payment in full by the Subdivider for all materials, services, equip-ent
rentals, and labor furnisher) to the Subdivider in the Bourse of meeting
the coedit ons of this agreement.
4 c1
0
C. A cash deposit with the City to guarantee payment by the
Subdivider to the tract engineer or surveyor whose certificate appears-
upon the Final Tract Map for the setting of all tract boundary, lot
corner, and street centerline monuments and for furnishing cente, -line
tie notes to the City. The amount of the deposit may be any amount
certified by the tract engineer or surveyor as acceptable payment fn
full; or, if no value is submitted, the cash bond shall be as shown on
the Construction and Bond Bsitmate 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 in full from the tract engineer or su: veyor.
D. The required bonds and the principal amounts thereof are
set forth on page 4 of this agreement.
16. The Subdivider warrants that the improvements described
in this agreement shall be free from defects in materials and work-anship.
Any and all portions of the improvements found to be detective within
one (1) year following the data on which the improvements are accepted
by the City shall be repaired or replaced by subdivider free of all
charges to the City. The Subdivider shall furnish a maintenance
guarantee bond in a sum equal to ten percent (10%) of the construction
estimate at $300.00, whichever is greater, to secure the faitvul
Performance of Subdivider's obligations as described in this paragraph.
The maintenance guarantee bonds shall also secure the faithful cerformance
by the Subdivider of any obligation of the Subdivider to do soeci`_ied
work with respect to any parkway maintenance assessment district.
Once the improvements have been accepted and a maintenance guarantee
bond has been accepted by the City, the other improvement secure t:•
described in this agreement may be released provided that such release
is otherwise authorized by the Subdivision Map Act and any applicab'e •
City Ordinance.
17. That the Developer shall take out and maintain, during
the term of this agreement, such public liability and property de -ace
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 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 subcontractor or
anyone employed by Said persons. The public liability and property
damage insurance shall also 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 amounts of such insurance shall be as follows:
A, Contractor's liability insurance providing bodily injury
or death liability limits of not less than $300,000 for each person
end $1,000,000 for each accident or occurrence, and proporty damage
liability limits of not less than $100,000 for each accident or occurrence
with an aggregate limit of $200,000 for claims which may Arise from
the operations of the Developer in the performance of the work herein
provided.
D. Au t ... oil. liability insurance covering all vetucles
used in the performance of this agreement providing bodily injury
liability limits of not less than 5200,000 for each person and 5700,000
for each accident or occurrence, and property damage liabiliel limits
Of not less than 550,000 for each accident or occurrence, with an
aggrcgate of not less than $100,000 which may arise from the operations
of the Developer or his Contractor in performing the work provided for
herein.
18. That before the execution of this agreement, the Dove l CPO*
shall file with the City A certificato or certificates of insurance
covering the speclficd insurance. Saeh such rertificate shall bear an
endorsement precluding the conccilatoas, or reduction in coverage of
any polio^ a :rdences by such certificate, before the expiration of
thirty (30) days after the City shall have received notification by
registered ,ail from the insur.lrce Car: ter.
L10
0
•
•
As evidence of understanding the provisions contained herein, and of
intent to comply with same, the Subdivider has submitted the below
described improvement security, and has affixed his signature hereto:
FAITHFUL PERrORMANCE BOND
Description: Tract 112045 Principal Amount: 500,000
Surety: The American Inserance Company
Attornev -in -Pact: Joanne M. Jamrock
Address: c/o Len Miller 6 Associates
16121 Irvine Blvd.
Tustin, Ca. 92680
MATERIAL AND LABOR PAYMENT BOND
Description; Tract 112045 Principal A,cust�: 250,000
Surety: The American Insurance Company
AttOrney -in -Fact Joanne M. Jamrock
Address: c/o Len Miller c Associates
18121 Irvine Blvd.
Tustin, Ca. 92680
CASH DEPOSIT MONOMENTING BOND
Amnnnt as shown on Construction and Bond Estimate:
` aArc Of C<II OR %IA mm�.
cowrtrnv_ $Xj BERNARD!NO
ui - -May 25, 1982 _ . (wary lama ...iii ....
,.
? m,e. M 11,.,r -wd James E. McNamara
re„ +am ma ��rm mr _ Senior Vice _poyce6.Clend_'en in _
lnoxnN m <roh _ ASSiSCanC y,rcury
of rAe o IAaI u-w Inu
kM r !e IA< MrN JaA^< wN .M Ylen
Im m hAall u1 ., ,vryrmw <I Aer nrtJ, a1.
a.'YmnkJeN ro rAn .rvA <orMxnnon a nurN rM
•Jmm mJ;om<m ro „� „m m ��. AYJ... or , mwlm,m of cnnua. sn.a.
,ItAwrJ nl J�rc.ion /�^�
Its, TY Ae nJ anJ dll. ul«al Y:far . -
�
CITY OF RANCHO CCC.AMONGA, CALIFORNIA
a municipal Corporation
by
Attest:
- -Ci ey ilc [ii
0atc
—Cicy nc ormI
u
Ccr. (IF . iolt) t;resla,"
CONST.".LCFIa:: ,'.:;D JP::n EST! '_'.!::
I::iCR0ACi N::::T 7GL9!1 F SCI:COL!.I:
(.le uieL rn "l nsntt ca r�'c CeP�i'1
DAM May 20, 1982 PMNIT `:0. COAPCLCD By OR
File Reference Tract 12045 Cle. D,.inS Ne.s 750
%OTC: Does not include uI1111I fee for vr"ino permit or pjvemenc replace-
ment d. posits.
COYSTRPCTIO`.l COST ESTMITC
IS
•
CONSTRICTION COST
465.500
\' COSTS
46,550
TOL:1.
LO%Slkt;CTION COSTS
512,050
F:\ITIIFi:i. PI.Rimm.%Cf.
SO::D (loll..)
IAROF d:.D
MTMIAI. POZ (SO':)
P.C.f, nirF nn1- F"
L::G IN t:I:R
Cf INSPt.CTNIN FEF.
(FEE SCHOU'LC)
pO::P (C\511)
! P.CC..CC . tide¢ 'N
R
•
S.F.
6, On ve 4eeroarh
I
>.f.
i6"
4" P.r.l'. rcosv curcur
I
.e.r toe
v2m
c.T.
Imeor led ankmenc
i.T.
P',..rav I'm of
7,";_
PF
Ti)::
trM
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CONSTRICTION COST
465.500
\' COSTS
46,550
TOL:1.
LO%Slkt;CTION COSTS
512,050
F:\ITIIFi:i. PI.Rimm.%Cf.
SO::D (loll..)
IAROF d:.D
MTMIAI. POZ (SO':)
�u19,245
L::G IN t:I:R
Cf INSPt.CTNIN FEF.
(FEE SCHOU'LC)
pO::P (C\511)
N/A
•
l J
BOND 4712 2458
PREMICH: 82,S00
F,XEUCTED IN TRIPLICATE
FAITHFUL PEPFORMA.:CE BOND
WHEREAS, the City Council of the City of Rancho Cucamonga, State
of California, and THE WILLIAM LYON COMPANY
(hereinafter designate as "principal") have enter ea into an agreement
whereby principal agrees to install and complete certain designated
public improvements, which Said agreement, dated
198 —, and identified as project_ Tract 12045
is hereby referre., to and mace a past
e rapt; ana,
WHEREAS, said prircipal 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 THE AMERICAN INSURANCE.
COMPANY as surety, are he. d and firmly
bound unto the City of Rancho Cuearonga(hereinafter called "City "),
in the penal sum of Five Hundred Thousand and no /100 -------- - --
Ooilers I$ 500, 00-66 ) law:ul money of
the United States, for the payment oT vFE—crT sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and admini-
strators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above
bounded principal, his or its heirs, executors, administrators,
• successors or assigns, shall in all thincs stand to and abide by, and
well and truly keep and perform the covenants, conditions and provisions
in the said agreement and any alteration thereof made as therein
provided, on his or their part, to be kept and perfor -ad at the time
and in the manner therein specified, and in all respects according
their true intent and meaning, and shall indemnify and save harmless'
City, its officers, agents and employees, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and
remain in full force and affect.
As a part of the obligation secured hereby and in addition to the
face amount specified therefor, there shall be included costs and
reasonable expenses and fees, including reasonable attorney's fees,
incurred by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no phange, ee —4 --
ocwI oeel K nnE INSVNANCE
r�NN�INIX•al
SFaTE OF CAAIFOPNIA
COUHlY P
S , AN BERNARD NO O _._._
},,,, _ May _25, 1982 Iva "I, IN unle, arE MJ. • Real NFIN ;a -1 Im uw
Isnm. alwn•Ib,vvrm.._ _James E. "McNamara _ _
wm.nm m, war IN _ Scnfor Vice — v,nm,m, ,M ._ Joyce E _cSendrn in
l:a_. —NN _ AssistanE =., -
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10 Pitch :fag Card
Courier No. 6134
Margin = 12 - 96
BOND 4712 2458
PREMIUM: ZNCLU
EXECUTED IN TRIPLICATE
LABOR AND PtATERIALMEN BOND
WHEREAS, the City Council of the City of Rancho Cucamonga.
State of California, and THE WILLIAM LYON COMPANY
(hereinafter designated as " principal") have entered into an acreeneat
whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated
19 1 and identified as project Tract 1
is hereby referred to and made a part Do no ; and
WHEREAS, under the terms of said agreement, principal is
required before entering upon the performance of the work, to file a
good and sufficient payment bond with the City of Rancho Cuce -.onga to
secure the claims to which reference is made in Title 15 (commemcing
with Section 3082) of Part 4 of Division 3 of the Civil Code of the
State of California.
NOW, THEREFORE, said principal and the undersio_ned as a
corporate surety, are held firmly bound unto the City of Rancho
Cucamonga and all contractors, subcontractors, laborers, materialcen
and other persons employed in the performance of the aforesaid agree-
ment and referred to in the aforesaid Code of Civil Procedure in the
su:n of Two Hundred Fif tv Thousand end no /10Oollars (5 2_50._ ;p ag 00 I.
for ma terra is fu zn rsn ed or labor tie reon of any kind, or for m..ounrs
due under the Unemployment Insurance Act with respect to such work or
labor, that said surety will pay the same in an amount not exceeding
the amount hereinabove set forth, and also in case suit is brought
upon this bond will pay in addition to the face amount thereof, costs •
and reasonable expenses and fees, including reasonable fees, incurred
by City in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond
shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give
a right of action to them or their assigns in any suit brought upon
this bond.
Should the condition of this bond be fully performed, then
this obligation shall become null and void, otherwise it shall be and
remain in full force and effect.
The surety hereby stipulates and agrees that no change, ex-
...
..I. .n. anent.
IeKpKUmI•
�ar
ANO I !
ANa TRUST
STATE OF CALIFORNIA
eauNrY up SAP BERNARDINO J Is
-.— May 25 L 1982 IK. IN
s', 111 .11'. sees i. Md ama_ra
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B-5-82
BENEFIT ASSESSMENT FOR FLOOD CONTROL
ARGUMENT IN FAVOR OF
MEASURE "W"
Funds collected under this measure must be utilized for the purpose of
constructing flood control facilities, including storm drains, to collect
and channel runoff waters away from properties and streets within said Zone.
The annual assessment proposed for Special Zone "W ", which includes the Cities
of Ontario, Upland, Chino, Montclair, Rancho Cucamonga, a portion of Fontana,
and the unincorporated County areas within said Zone, is $39.00 per dwelling
and cannot be increased. On an area and runoff basis, the assessment will be
less for vacant and agricultural parcels and more for developed commercial and
industrial parcels. Because each parcel contributes to drainage runoff, each
parcel will contribute a proportionate share in the cost of correcting flood
and drainage problems. Benefits received include better flood and drainage
control; that is, fewer power outages, less telephone service disruptions,
reduced health and safety hazards due to broken sewer, water, and gas lines,
and impassable and washed -out roads. The resulting flood protection to homes,
schools, hospitals, streets, stores, factories, and public facilities benefits
every citizen immeasurably.
Proposition 13 reduced the Flood Control District's income approximately 60%.
Despite severe cost - cutting efforts, including a staffing reduction of approxi-
mately 50%, the District does not have revenue for constructing new flood control
facilities. Failure to provide this funding for new flood control facilities
will result in a greater potential for flood damage and possible loss of life.
This benefit assessment program will supplement other available revenue and
allow the Flood Control District to construct critically needed facilities in
the Cities and the unincorporated County areas in Zone "W ", within the next
ten (10) years. We ask your help to support a solution to some of our com-
munity's flood control problems with
�as �YYEEESS vote.
Date
Date
Date
Date
The undersigned authors) of the
primary argument in favor of
(primary /reb-,rtal) (in favor of /against)
ballot proposition "W"
(name or number)
at the general election
(title of election)
for the Zone "W"
(jurisdiction)
to be held on November 2, 1982 hereby state that such
argument is true and correct to the beat of their
(his /their)
knowledge and belief.%
Signed Date
•
CITY Of RANCHO CUCAJIOiGA
SUBDIVISION
IMPROVEMENT AGREEMENT
TRACT NO, 12046
004 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 Cucar^Onge,
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 Subdivider.
WITNESSETH:
THAT, 'e'WEREAS, said Subdivider desires to subdivide certain real property in said
City as shown on the previously approved Tentative Mal, of Tract No. 12046 ; and,
WHEREAS, said City has established certain requirements to be net by said Subdivider
as preregdisite to approval of the Final Map of said Tract by said City:
N04, THEREFORE, it is hereby agreed by said City and by said Subdivider as follows:
1. The Subdivider hereby agrees to construct at Subdivider's expense all improve-
ments described on Page 5 hereof within twelve months from the effective date
hereof, ,
2. This agreement shall be effective on the dace of the resolution of the Council
Of said City approving said Final Map and this agreement. This agree-en, shall
be in default on the day following the first anniversary date of said ac:-oval
unless an extension of it,, has been granted by said City as hereinaf "ter pro-
vided.
3. The Sutdivider may request an extension of time to complete the terns hereof.
Su CV reddest shall be submitted to the City in writing not less than 60 days
before the expiration date hereof, and shall contain a statement of airc,.
stances necessitating the extension of time. The City shalt have the right to
review the provisions of this aareement, including the construction sta<G -ds,
cost estimate, and inprovement security, and to require adustrents 'therein if
any substantial change has occurred during the term hereof.
4, If the Subdivider fails or neglects to comply with the provisions of this
agreeiient, the City shall have the right at any tine to cause said provisions
to be rat by any lawful means, and thereupon recover from the Subdivider and /or
his surety the full cost and expanse incurred,
5. The Subdivider shall provide metered water service to each lot on said Tract in
accordance with the regulations, schedules, and fees of the - ;caroaga County
Hatcr District,
6. UtIli tv-Plpssit -Sta UC-ant. Subdivider shall file with the City Engineer, prior
to tl.e •• -< vocc:vice4 of any wort m :,a pm tun -ee within the areas descrited by
said cap, a written statement signed by Subdivider, and each public utility
cerpOr•:unn involved, to the effect that Subdivider has made the dopufit
leoally rewired by such 01,6111 utility corporation for the connection of any
and 1,ll public all I' ties to be supplied by such Corporation within such svb-
dtvisron.
7, The Sol;.lividor shall ;:e rrrpnnnible for replalna:ont, relocation, or reroval Of
any cc 'parent Of any irrigation vwtnr system in conflict with construction of
roquired inprovnn ILS to the satisfaction of the City Engineer and the ginner of
such water system,
�Ji
IMPROVEF'E11T AGREE..kNT TRACT NO. 12n46_ PJ&
8. Improvements required to be constructed shall conform to the Standard Drawings
and Standard Specifications of the City, and to the Improvements 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 5
hereof, as taken from the improvement plans listed Thereon by number. The
Subdivider 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.
9. Construction permits shall be obtained by the Subdivider 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.
10. The Subdivider shall be responsible for removal of all loose rocks and other
debris from public rights -of -way within or adjoining said Tract resulting from
development work relative to said Tract.
11. Hark done within existing streets shall be diligently pursued to completion.
12. Parkway trees required to be planted shall be planted by the Subdivider 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 in all locations where the
adjoining lot has been completely developed and built upon.
The hilliam Lyon Company the Subdivider shall be re-
sponsible for maintaining al I trees planted in good health until the end of the
guaranteed maintenance period, or for one year after planting, whichever i�
later.
13. The Subdivider is responsible for meeting all conditions established by the
City pursuant to the Subdivision Map Act, City ordinances, and this agreement
for the Tract, and for the maintenance of all improvements constructed there-
under until the Tract is accepted for maintenance by the City, and no im-
provement security provided herewith 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 bond here-
inafter 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 Subdivider 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 improvements security to be furnished by the Subdivider with this agreement
shall consist of the `allowing, and shall be approved by the City Attorney:
A. A faithful performance guarantee bond assuring completion by the Sub-
divider of all conditions prerequisite to acceptance of the Tract by the
City.
B. A material and labor payment m,arantne bond assuring payment in full by
the "o lividor for all malurials, services, equipment rentals, and labor
furnished to the Subdivider in the course of meeting the conditions of
this agreement.
C. A cash deposit with the City to guarantee payment by the Subdivider to the
tact engineer or surveyor whose certificate appears upon the Final Tract
Kip for the setting of all tract boundary, lot corner, and street center-
line conumcnts and for fornishinq centerline tie notes to the City. The
amount of the deposit may be any amount certified by the tract engineer or
survnyor as acceptable payment in full; or, if no value is submitted, the
cash hand shall be as shorn pn the Construction and Bond estimate contained
herein. •
/ �r
0
IMPPOVEaS!IT AGZEE:VIT TRACT NO. 120:6 PAGE 3
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 in full from the tract engineer or surveyor.
D. The required bonds and the principal amounts thereof are set forth on pace
4 of this agreement.
16. The Subdivider warrants that the improvements described in this agree -.eat shall
be free from defects in materials and workmanship. Any and all portions of thr
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 replaced
by subdivider nee of all charges to the City. The Subdivider shall furnish a
maintenance guarantee band in a sum equal to ten percent (30,) of the con-
struction estimate or 5200.00, whichever is greater, to secure the faith P:l
performance of Subdivider's obligations as described in this paragraph. The
maintenance guarantee hands shall also secure the faithful perforrance by the
Subdivider of any obliaation of the Subdivider to do specified work with
resuect to any parkway maintenance assessment district. Once the improve -pits
have be_a accepted and a maintenance guarantee bond has been accepted by thc
City, the other improveaent security described in this agreement may be re-
leased 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, during the term. of this agree-
ment, such public liability and property damage insurance as shall protect him
• and any contractor or subcontractor performine work covered by this agreerent
from claims for property damages which may arise because of the nature of tho
wort: or from operations under this agreement, whether such operations be by
himself or by any contractor or subcontractor, or anyone directly or indirectly
emaioyed by said persons, even though such damages be not caused by the negli-
gence of the Developer or any contractor or subcontractor or anyone ercloyed by
said persons. The public liability and property damage insurance shall also
directly protect the City, its officers, agents and employees, as well as the
Oevelcaer, his contractors and his subcontractors, and all insurance policies
issued hereunder shall so state. The amounts of such insurance shall be as
fall.,$:
A. Contractor's liability insurance providing bodily injury or death lia-
bility limits of not less than $300,000 for each person and 51,000,000 for
earn accident or occurrence, and property damage liability limits of not
less than $100,000 for each accident or occurrence with an aggregate limit
of 5200,000 for claims which may arise from the operations of the Devel-
oper in the performance of the work herein provided.
8. Automobile liability insurance covering all vehicles used in the per-
formance of this agreement providing bodily injury liability limits of not
less than $200,000 for each person and $300.000 for each accident or
occurrence, and property damage liability limits of not less than 550,09)
for each accident or occurrence, with an aggregate of not less than
S100,010 which may arise from the operations of the Developer or his
Contractor in performing the work provided for herein.
I.C. That before the eeecutian of this agreement, the Developer shall file with the
City a certificate or certificates of insurance covering the specified insurance.
Each such rertifirate shall bear an endorsement precluding the cancellations,
or reductinn in covevape of any policy evidences by such certificate, before
thin evpiratioa of thirty (30) days after the City shall have received notifica-
ticn Ly registerna nail from the imuranre carrier.
CITY OF RANCHO CUCA14ONGA, CALIFORNIA
a municipal corporation
by Mayor
Attest:
City C7 erk
Date
f'ty r,t,nrney •
3 � %
IMPROVEMENT AGREEMENT
TRACT N0. 12046 PAGE
As evidence of understanding the provisions contained
herein, and of intent to
comply with same, the Subdivider has submitted the below
described improvement
security, and has affi and his signature hereto:
FAITHFUL PERFORRANCE BOND
Description: Tract 12046
Principal Amount: 51,073,000.00
Surety: The American Insurance Company
Attorney -in -Fact: Joanne M. Jamrock
Address: %Len Miller c Associates
18121 Irvine Blvd.
Tustin, California 92600
MATERIAL AND LABOR PAYMENT BOND
Description: Tract 12046
Principal Amount: $536,000.00
Surety: The American Insurance company
Attorney -in -Fact: Joanne M. Jamrock
Address: %Len Miller 6 Associates
19321 Irvine Blvd.
Tustin, California 92680
CASH DEPOSIT MONUMENTING BOND
`
STATI Or CAMFOKIIA
cola vnr_SAa BERNAP.DSNC,
Maw 251 1982 nrmr. nK IN
1
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\ p,l M. MUNSEY
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S In.:Ai+w oon n
CITY OF RANCHO CUCA14ONGA, CALIFORNIA
a municipal corporation
by Mayor
Attest:
City C7 erk
Date
f'ty r,t,nrney •
3 � %
•
•
•
PAGE 5
CITY OF RANCi10 CCGt40CGA
CONST1L'CTIOS AND DONO ES -MLATE
EYCROACILIENT PER.'11T FEE SCHEDULE
(AUarh ra "Inspm toes Copy ")
DATE: May 1902 PMIfT H0. CWO?u ED eY Hall 6 Foreman
file Reference T-1- t,n46 City D,vi., Ho.c 752
NOTE: Oees not include current fee for vritin0 perm it or pavement rep :ace -
menc dcpusios,
COHSTROCTSO§ COST EST ➢PTE
ITE>I
IMAWIM
CHIT
I M!T- COST
< ,
ACS
IA X 6" C.F.
13.401
t , F.
4
7.2
6060
C.F.
6.
0
6 1-5.00
5.50
16.31 c,00
.A.C. Senor 1i20 rin)
I
L. F.
v' P.C.C. qid -, lk
1 54953
s.F.
1.75
or
hive A aeh
20,9 7
S F.
2,50
+
cn
x" P.I.C. rocs n -
S, F.
.40
16,Coi.40
Et,-, F.vcnnacion
I
C.Y.
loeorted E- hanlnunt
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C.1.
Pra �.vnc inv of snfier
1 521121
1 S.F.
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A.' lnv.r�I301 [In,)
1 466
TON
10.00
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I
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TON
A.C. r 540 to 900 tons)
TON
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TOO
FA[rh A.C.. !trench)
S.F.
I° TMrc A. C. Ov,11-
1
S.F.
,,P v, F,, n •I.4. rn Cade
I
EA.
2 0.00
2`:.00
rod A,n[ Frier C.O. co Gtade
1 1
EA.
150.00
152.[0
75 -DO
i:.00
f
E1.
1 00.00
i 20
ee+.
200.00
40.Dw
eo
I ve.a e
,c.ro
1
Ena oi�z[reet ha rri code
I 1
Ea.
1750.00
I' = :.00
Paverent removal
1 2'0
S.F.
0.
2 6:5
Relocate POVer pole
1
Ea.
500.00
50:.00
Rerove Eu cn vo [us tree
1 I
Ea.
100.00
11 J
Removo ri re rya rant
1 1
Ea.
350.00
50.00
o
1 186
L.F.
2 .00
4 6 °0.00
361, R.C.P.
1 8
L.F.
8.00
.210.!0
alcM1 Basin 4
I I
Ea.
1200.00
1 2Cd,
JO
Cat to oiEn 12'
1 3
U.
3000.00
9,003.00
Lral ccorn i,
1 I
E,.
500.00
500.00
LucTOcn rau icn 12'1
Ea.
1000.00
7,000.00
Rerave Culvert
I I
L.S.
1500.00
I'Sno
N
ilnd, ,id,.Ik drai
Ea.
OO.Gp
1C
Tyre 'L' marker
0
, p .
CO::S'ca0CT :0N COST $975.1-6.35
COHTINC13<1' COSTS $97589.64
TOVLL CONSIRCCTI@! COSTS 51,013.485. °.9
FAITIiTCL PERFOAAAHCF. Mal (100'.) 51,073.000.[0
UPOR d!:O XATrRl Al. M4T (50'.) 55 J6,SD D. JC
EAOINEERIHG 16SPFCTIO!; FEE 35,035.00
(FEE SCIIMIX)
M0:XNE%rATIOF OOND (GASH) 9,900.f0
BOND 1712 2456
PREMIUM: $5,3 0
EXECUTED IN TRIPLICATE
FAITHFUL PERFOP`WNCE BOND
WHEREAS, the City Council of the City of Rancho Cucamonga, state
of California, and THE WILLIAM LYON COMPANY
(hereinafter designates as "principal") have entered into an agreement
whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated
198, and identified as project Tract 12046
as hereby referred to and cane a part
eresr; and, I
WHEREAS, said principal is required under the terms of said
agreement to furnish a bond for the faithful performance of said
.9reemert.
NOW, THEREFORE, we the principal and THE AMERICAN INSURANCE
COMPANY , a5 surety, art held and firmly
boffl to the City of Rancho Cucamonga (hereinafter called "Cif:• ") -
in the penal sum of One -Million Seventy -Three Thousand and no /00 - -
Dollars (51 073 000 00 ) lawful m.nev of
the United States, for the payment o w is sus we 1 and truly to be
made, we bind ourselves, our heirs, successors, executors and admini-
strators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above
bounded principal, his or its heirs, executors, administrators,
succes sea or assigns, shall in all things stand to and abide by
well and truly keep and perform the covenants, conditions and provf ne
in the said agreement and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the tine
and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless
Cit„ its officers, agents and employees, as therein stipulated, then
this obliyation 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 the
face amount specified therefor, there shall be included costs and
reasonable expenses and fees, including reasonable attorney's fees,
incurred by City in successfully enforcing such obligation, all to be
.axed as costs and included in any judgment rendered,
The surety hereby stipulates and agrees that no phange, extension
of time, alteration or addition In rho e. --
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•
BOND 4712 2456A
PREMIUM: INCLUDE
EXECUTED IN TRIPLICATE
LARCH AND MATERIALb:EN DOND
WHEREAS, the City Council of the City of Rancho Cucamonga, State
of California, and THE WILLIAM LYON COMPANY
(hereinafter designated as "princlpa ") have entered into an agreement
whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated , 198_,
and identified as project a,,, 12n4fi _
1s hereby referred to and made a part
FC<eoc; anp,
WBEBEAS, under the terms of said agreement, principal is req'_i-ed
bofore 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 (commencing with
Section 30821 of Part 4 of Division 3 of the Civil Cade of the Stat^_
of California.
NOW, THEREFORE, said principal and the undersigned as a corpora -e
surety, are held firmly bound unto the City of Rancho Cucamcn,, and
all contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid agreement and
referred to in the aforesaid Code of Civil Procedure in the sum o`
Piyp ?•.mod rn? Thi zf V -cix Thousand and no /10 D---------'I-----------
Dol ar5 53I� Yet materials
furnished Or labor thereon or ny kintl, or oft amounts due under the
• Unemployment Insurance Act pith respect to such work or labor, that
said surety pill pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond
will pay in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney ?s fees, incurred by
City in successfully enforcing such obligation, to be award C.a. and
fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
0
It is hereby expressly stipulated and agreed that this bond shall
inure to the benefit of any and all persons, companies, and corporation,,
entitled to file claims Under Title 15 (commencing with Section 3082)
of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this
obligation shall become null and void, otherwise it shall be and
re. ^.ain in full force and effect.
anle.es that no ehang0,, extension
I�rRl iATT. %Trfi Nnf INSURaNCe
STAtF p4 C'AI IFORNIA j t. lnusr
Q0CxTV OF_SAN BERN_ARDIND__ / M
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STAFF REPORT *`°�.�
DATE: August 9, 1982 U'
rs:;
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Shintu Bose, Associate Civil Engineer
SUBJECT: Approval of Agreements with Edison Co., The Atchison, Topeka
and Santa Fe Railroad Co. and The William Lyon Co. in Connection
with Victoria Planned Community Development - The William Lyon Co.
For proper access and flood protection for the Victoria Project, the
William Lycn Co. is proposing to construct a railroad overcrossing at
Victoria Park Lane and a master planned storm channel across Edison corridor
adjacent to the west project boundary. To receive necessary approval for
the construction, it is required of the City to enter into some agreements
with the Railroad Co. and Edison Co. guaranteeing the completion of the
projects. The agreements, which are attached, have been reviewed and approved
by the City Attorney. The following is a brief summary of the agreements:
1. Storm Channel Across Edison Corridor
The Edison Co. in the agreement has set forth some conditions for the
construction of the channel and placement of roads. These conditions
which are mostly technical in nature, have been incorporated in the
design of the facilities. The William Lyon Co. has signed the agreement
accepting all the requirements contained therein.
Railroad Overcrossing
It is a standard agreement form for the railroads for a project of
this nature, in which the City will assume all the responsibilities
and liabilities associated with the project and will guarantee the
completion of the job to their satisfaction. The agreement between
the City and The William Lyon Co. is regards to the overcrossing provides
clauses in which the William Lyon Co. will assume the responsibilities
for the project as stated in the agreement with the Railroad and will
hold the City harmless from all liabilities associates with it.
3. Maintenance of Channel and Basin
The agreement by The William Lyon
eastern channel and the retention
nent facilities are built,
Co. requires them to maintain the
basin on a regular basis until perma-
6I
CITY COUNCIL STAFF REPORT
Agreements with Edison Co., The Atchison,
Topeka and Santa Fe Railroad Co. and The
William Lyon Co.
August 9, 1982
Page 2
RECOMMENDATION
It is recommended that City Council approve all the attached agreements
and authorize the Mayor to sign the same on behalf of the City. ,
Respectfully submitted,
LBH: :jaa
Attachments
i.
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0
•
•
• Southern California Edison Company
ioa �ovc ae .cry «�. o,
IONG OE.[rv. C+�If OP NiI v.s ]
C. J. LOWERISON, Jn,
•cu
Hall 6 Foreman, Inc. June 7, 1982
3186 -L Airway Avenue
Costa Mesa, CA 92626
Attention: Mr. Hugh H. Foreman, Jr.
Executive Vice President
SUBJECT: Middle Lugo-Mira Loma 500kV T/L R/W
William Lyon Company /City of Rancho Cucamonga
Request for Easements and Grading
Our File No.'LS82 -007EG
We have reviewed your request for placement of roads, storm drain
channel and grading across subject right of way.
• The request has been approved subject to the following conditions:
1. Storm Drain Channel
1. All Costs incurred for the proposed storm drain devel-
opment will be borne by the William Lyon Company.
2. The proposed drainage and culvert structure is to be
installed at this time and fenced, as shown on Sheet 23,
with a 6 foot high fence.
3. All equipment working on subject right of way must
maintain a minimum clearance of 27 feet from all over-
head conductors.
4. Additional structures will not be permitted on subject
right of way.
5. Patrol roads 16 feet wide inside the berms and capable
of supporting 40 tons on a three axle truck must be pro-
vided at locations as indicated on the attached print.
6. commercial -type driveways 16 feet wide with curb de-
pressions capable of supporting 40 tons on a three axle
truck shall be installed as shown on the attached print.
• Any future center island in Highland Avenue is to pro-
vide for Edison pass- through at our driveway. Said
pass- through will be installed at no expense to Edison.
Mr. Hugh H. Foreman, Jr. -2- June 7, 1982 •
7. Adequate grounding must be provided on all fencing and
metallic structures.
8. Underground facilities installed on subject right of way
must be capable of withstanding a gross load of 40 tons
on a three axle truck.
9. Parking of vehicles on subject right of way will not be
permitted. I
10. All existing Edison structures, house, sheds, pads,
fencing, etc. are to be removed.
11. Edison will grant a storm drain easement, 65 feet in
width, to the City of Rancho Cucamonga, per attached
standard easement format.
II. Street Crossings (SUgargum 60 feet, Victoria Park 170 feet
and Silver —berry 60 feet)
1. All costs incurred for said proposed street crossings
will be borne by William Lyon Company.
2. All equipment working on subject right of way must •
maintain a minimum clearance of 27 feet from all over-
head conductors.
3. Additional structures will not be permitted on subject
right of way.
4. Patrol roads 16 feet wide inside the berms and capable
of supporting 40 tons on a three axle truck must be pro-
vided at locations as indicated on the attached print.
5. Commercial -type driveways 16 feet wide with curb de-
pressions capable of supporting 40 tons on a three axle
truck shall be installed as shown on the attached print.
6. Future road construction including sidewalks, curbs and
gutters shall be installed, as required by local zoning,
at no cost to Edison Company.
7. Construction of crossing (cut or fill) must be ade-
quately sloped to enable access of equipment onto
patrol roads.
8. Parking of vehicles on subject right of way will not be
permitted.
•
!J q
• Mr. Hugh H. Foreman, Jr. -3- June 7, 1982
9. All trees or plants within the street areas shall be
maintained by the City of Rancho Cucamonga and shall
not exceed a height of 15 feet.
10. A six -foot high fence, as specified by Edison, is re-
quired at this time adjacent and along our easterly
property line.
11. Any future center divider within future Victoria .,Park
shall provide for Edison cross traffic, at no expense
to Edison.
12. Proposed street light locations and heights within the
future street crossings of subject right of way will be
approved by Edison.
13. Edison will grant road easements to the City of Rancho
Cucamonga (Sugargum, 60 feet wide, Victoria Park, 170
feet wide and Silverberry, 60 feet wide) per attached
standard easement format.
III. Others
. 1. All final plans, including grading plans, will be sub-
mitted to Southern California Edison Company, Attention:
Right of Way and Land Department, for approval at least
sixty (60) days prior to the commencement of construc-
tion.
2. Legal descriptions, plat maps and square footage fig-
ures will be furnished by William Lyon Company /Hall &
Foreman, Inc. for all easements to be granted.
3. All proposed easement areas being granted will be
appraised to determine their market values. Appraisal
reports covering the proposed easement areas will be
furnished by William Lyon Company to Edison for review
and approval. Upon approval of the appraisal reports
by Edison, William Lyon Company will pay the appraised
values.
4. Upon completion of all work, subject right of way shall
be left in a condition satisfactory to Edison.
5. The revised water flow created by the fill or berm
placed along the east right of way line is to be drained
off at each proposed street crossing as delineated on
the revised Storm Drain Improvement Plans, Sheets 18 -23,
• dated May 7, 1982.
i
Mr. Hugh H. Foreman, Jr. -4- June 7, 1982
6. We find no problem with Southern California Edison
Company surplus land (85 feet wide) between the rail-
road tracks and south of Baseline Avenue being used for
drainage purposes (City of Rancho Cucamonga), provided
that the water is kept west of our right of way and does
not cross subject right of way south of Baseline Avenue
as shown on Sheet No. 17.
7. The City of Rancho Cucamonga shall not levy any special
assessments or assessments against Edison in the event
any present and /or future improvements are required in
conjunction with, or from the results of the proposed
developments.
Please indicate your acceptance of all the conditions by signing
and returning the attached copy of this letter.
If you have any further questions concerning this matter, please
contact Edward W. Goodyear at (213) 435 -1121, extension 257.
Thank you for your cooperation in this matter.
2882h/hjl
Enclosures
Accepted:
CITY OF RANCHO CUCAMONGA
By
HALL 6 FOREMAN, INC.
.. OL�!•Y!. _.
WILLIAM YON COMPANY
i \
By �� )
Very truly yours,
Da
Date O Z
Date 8
•
•
•
CITY OF RANCHO CUCAMONGA
IMPROVEMENT AND MAINTENANCE
AGREEMENT FOR TRACT 12044
(Earthen Channel)
KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered
into, in conformance with the provisions of the Municipal Code and Regulations
of the City of Rancho Cucamonga, State of California, a municipal corporation,
hereinafter referred to as City, by and between said City and
R T.anA rn_ hereinafter referred to as the Developer.
WITNESSETH:
THAT WHEREAS, a temporary earthen. channel shall be constructed for Tract
12044, being an Improvement Requirement of said City for said tract (the
"Channel "); and,
WHEREAS, the Developer shall maintain said Channel until such time as
the piaster Planned Concrete Channel and Day Creek Boulevard are constructed,
and accepted by said City; and
WHEREAS, the execution of this agreement and posting of maintenance
security, as hereinafter cited, and approved by the City Attorney, are deemed
to be sufficient to guarantee continual maintenance of the Channel.
NOW, THEREFORE, it is hereby agreed by and between the City and the
• Developer as follows:
1. The Developer agrees to construct at Developer's expense the
Channel consistent with the subdivision agreement for Tract 12044.
•
The Developer agrees to maintain the Channel, to the satisfaction
of the City, at no expense to the City. The area required to be
maintained is shown on Exhibit "A" attached hereto. Such maintenance
shall include the yearly regrading of the Channel bottom and side
slopes, swails as required, cleaning of debris from the Channel,
cleaning or culverts across Railroad and Base Lone Avenues, cleanup
of debris from Foothill Boulevard and restoration of any shoulder
area erosion, side slopes and barricades. All such maintenance
shall be done prior to the first day of November each year.
Developer shall further perform such regular maintenance as may be
required for the normal operation of the Channel. In the event an
emergency situation arises concerning the Channel, the City may
require the Developer to perform reasonable maintenance activities
within twenty -four (24) hours from the receipt of written demand
therefore from the City.
3. Developer agrees to indemnify and hold the City harmless from and
against any and all laibility arising from Developer's maintenance
of the Channel as provided herein.
.I-
L0"7
C
4. If after thirty (30) days following notification by City of deficient
maintenance of the Channel, the Developer fails or neglects to
comply with the provisions of this agreement, the City shall have •
the right at any time to cause work to be done by any lawful means,
and thereupon to use the hereinafter stated cash security and /or
to recover from said Developer the full cost and expense incurred
in so doing. Developer shall be billed for said costs and shall make
restitution to the City within thirty (30) days of date of billing,
and /or replace said cash securities used. Should Developer fail to _
make said restitution, within the time alloted, then the City will
cause a lien to be filed, against said Developer on the real property
described on Exhibit "B" attached hereto, for said restitution plus
any and all reasonable attorney fees.
5. This agreement shall remain in full force and effect from the date
hereof until notice by City that construction of Concrete Master
Planned Channel, replacing the Channel, and Day Creek Boulevard are
completed and accepted for maintenance by said City. At that time
said maintenance security shall be returned to Developer and this
agreement shall terminate.
6. The maintenance security is to be furnished by Developer to guarantee
completion of the terms of this agreement and shall be subject to
approval by the City Attorney. The principal amount of said maintenace
security shall not be less than the amount shown below:
Maintenance Security Submitted:
Total Cash $5,000.00 •
IN WITNESS HEREOF, the parties hereto have caused these presents to
be duly executed and acknowledged with all formalities required by law on
dates set forth opposite their signatures.
/ 'V : CLV YCK
BLS / / —/ Da te]�1 102,—
Witness FF;' �,:. %'. �'�v:.: �:.t.: Date
r
ITY OF RANCHO CUCAMONGA, CALIFORNIA
A MUNICIPAL CORPORATION
By_ Date
Jon D. Mikels, Mayor
Attest;
Date
Lauren .1. Wasserman, City Clerk
Approved as to Form •
T /�� , JUN_ 8 1982
7 City tto'rney -
2-
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•
EXHIBIT A -1
OWNER: R.C. LAND CO.
AN EASEMENT FOR DRAINAGE PURPOSES OVER THAT PORTION OF THE WEST ONE -HALF, OF THE
NIDRTHWEST ONE- QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COLNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SAID WEST ONE -HALF, THENCE 50008'38 "W
2635.64 FEET ALONG THE EASTERLY LINE OF THE SAID WEST ONE -HALF TO THE SOUTHEAST
CORNER THEREOF; THENCE N89049'14 "W 175.00 FEET ALONG THE SOUTHERLY LINE OF THE
SAID WEST ONE -HALF; ALSO BEING THE NORTH LINE OF VICTORIA STREET (30.00 FEET WIDE)
AS SFe N ON ORANGE EMPIRE ACRES PER HAP ON FILE IN BOOK 20, OF MAPS TO PAGE 1
THEREOF, RECORDS OF SAN BERNARDINO COUNTY TO A LINE PARALLEL WITH AND DISTANT
• 175.00 FEET WEST OF THE EAST LINE OF SAID WEST HALF; THENCE N0008138 "E ALONG SAID
PARALLEL LINE 1764.93 FEET; THENCE N2053'22 "W 472.44 FEET; THENCE N13045'32 "E
106.20 FEET; THENCE NO008'38 "E 296.76 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID SECTION 32, THENCE S89029'35 "E 175.00 FEET ALONG SAID NORTHERLY LINE TO THE
POINT OF BEGINNING.
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EXHIBIT A -1
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EXHIBIT A -2
OLJNER: JAMES J. HERRERO
A 160.00 FOOT WIDE EASEMENT FOR DRAINAGE PURPOSES OVER THAT PORTION OF LOTS 9 AND
10 OF ORANGE EMPIRE ACRES AS SHOWN ON A MAP RECORDED IN BOOK 20, PAGE 1 OF MAPS,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY TOGETHER
WITH THAT PORTION OF VICTORIA STREET ADJACENT TO SAID LOTS ON THE NORTH AND RAIL -
ROAD AVENUE NORTH ADJACENT TO SAID LOTS ON THE SOUTH, IN THE CITY OF RANCHO
CUCA:'ONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, THE EAST LINE THEREOF
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WEST ONE -FWLF OF THE SOUTHWEST ONE -
QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,
SAID POINT BEING ON THE NORTHERLY LINE OF SAID VICTORIA STREET, THENCE SO °08'44 "W
1337.78 FEET ALONG THE EASTERLY LINE OF SAID WEST ONE -HALF TO A POINT ON THE
SOUTH LINE OF SAID RAILROAD AVENUE NORTH RIGHT OF WAY AS SHOWN ON SAID ORANGE
EMPIRE ACRES NAP.
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EXHIBIT A -2
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EXHIBIT A -3
•
•
OWNER: SOUTHERN PACIFIC RAILROAD
AN EASEMENT FOR DRAINAGE PURPOSES OVER THAT PORTION OF THE BLAND
CONVEYED TO THE SOUTHERN PACIFIC RAILROAD, SUCCESSOR - IN- INTEREST
TO PACIFIC ELECTRIC COMPANY, BY DEED RECORDED IN BOOK 523, PAGE
200 OF DEEDS, RECORDS OF SAN BERNARDINO COUNTY, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
WITHIN THE EASTERLY 130.00 FEET OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO
MERIDIAN.
7
EXHIBIT A -3
NORTH
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NRMI2'•W 130.00'
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IC32 ,i.I N.�R.6W
•
7> 4.
• EXHIBIT A -4
OWNER: SOUTHERN CALIFORNIA EDISON CO.
AN EASEMENT FOR DRAINAGE PURPOSES OVER THAT PORTION OF LOT 25, ORANGE
EMPIRE ACRES TCGETHER WITH THAT PORTION OF RAILROAD AVENUE,SOUTH,
ADJACENT TO SAID LOT ON THE NORTH IN THE CITY OR RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 20, PAGE 1 OF MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY LINE OF
SAID RAILROAD AVENUE SOUTH WITH THE EASTERLY LINE OF THE WEST ONE -
HALF OF THE SOUTHWEST ONE - QUARTER OF SECTION 32, TOWNSHIP 1 NORTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, THENCE SO-08'44"W 1157.19
• FEET ALONG SAID EASTERLY LINE TO A POINT ON THE SOUTHERLY LINE OF
SAID LOT 25; THENCE S89 049123 11W 98.71 FEET ALONG SAID SOUTHERLY LINE
OF LOT 25 TO THE SOUTHWEST CORNER THEREOF;THENCE NO °11'16 "E 1158.85
FEET ALONG THE WESTERLY LINE OF SAID LOT 25 AND THE NORTHERLY EXTEN-
SION THEREOF TO A POINT ON THE SAID NORTHERLY RIGHT -OF -WAY LINE OF
RAILROAD AVENUE SOUTH; THENCE S89012'23 "E 97.85,FEET ALONG SAID RIGHT -
OF -WAY LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 20.00 FEET.
�r
EXHIBIT A -4 •
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•
FAST LINE OF THE
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•
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EXHIBIT A -5
OWNER: SOUTHERN SURPLUS REALTY CO.
AN EASEVZNT FOR DRAINAGE PURPOSE OVER THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.
1, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN SERN4RDINO, STATE OF CALIFORNIA,
AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 1 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAW BERNARDINO COUNTY, DESCRIK -D AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WEST ONE -HALF OF THE NORTHWEST ONE - QUARTER
OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERM?DINO MERIDIAN, THENCE
S0015'40 "W 1560.83 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID
PARCEL MAP NO.. 1; THENCE S89037'52 "W 72.73 FEET ALONG THE SAID NORTHERLY LINE
OF PARCEL 3 TO A POINT ON THE WESTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO. 1;
THENCE NO-15'37"E 1560.82 FEET ALONG SAID WESTERLY LINE TO A POINT ON THE NORTHERLY
LINE OF SAID NORTHZST ONE - QUARTER; THENCE N89049'23 "E 72.74 FEET ALON* SAID NORTHERLY
• LINE TO THE POINT OF BEGINNING.
•
EXHIBIT A -5
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EXHIBIT 'B'
LEGAL DESCRIPTION
FOR
EARTHEN CHANNEL
THE EAST CNE -HALF OF THE WEST ON-E HALF OF THE NORTHWEST ONE - QUARTER OF SECTION
32, TOWNSHIP I NORTH, RANGE 6 lcST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF
SAN BERNARDIAIO, STATE OF CALIFORNIA, ACCCRDING TO THE OFFICIAL PLAT THEREOF.
i i
EXHIBIT 'B'
EARTHEN CHANNEL
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CITY OF RANCHO CUCAMONGA
IMPROVEMENT AND MAINTENANCE
AGREEMENT FOR TRACT 12044
• (Basin)
00'.1 ALL MEN BY THESE PRESENTS: That this agreement is made and entered
into, in conformance with the provisions of the Municipal Code and Regulations
of the City of Rancho Cucamonga, State of California, a municipal corporation,
hereinafter referred to as City, by and between said City and
R.C. LAND CO. hereinafter referred to as the Developer.
WITNESSETH:
THAT WHEREAS, a temporary retarding basin shall be constructed for Tract
120;3, being an Improvement Requirement of said City for said Tract (the "Basin);
and,
WHEREAS, the Developer shall own and maintain the Basin until such time as
the Downstream Master Planned Storm Drain System is completed, and accepted by
said City, or a retarding basin is constructed at another location and is
approved for use on Tract '12044 by the City, and
WHEREAS, the execution of this agreement and posting of maintenance security,
as hereinafter cited, and approved by the City Attorney, are deemed to be
sufficient to guarantee continual maintenance of the Basin.
• NOS1, THEREFORE, it is hereby agreed by and between the City and the Developer
as follows:
The Developer agrees to construct at Developer's expense the Basin
per the provisions of the Subdivision Agreement for Tract 12044.
The Developer agrees to maintain the Basin, to the satisfaction of
the City, at no expense to the City. The area required to be
maintained is shown on Exhibit "A" attached hereto. Such maintenance
shall include the yearly cleaning of debris from the Basin, to maintain
design capacity, removal of vegetation, maintenance of all fencing,
inlet and outlet structures and pest control, restoration of private
property batwran the basin and existing channel facilities. All such
maintenance shall be done prior to November 1 of each year. Developer
shall further perform such regular maintenance as may be required for
the normal operation of the Basin. In the event an emergency situation
arises concerning the Basin, the City may require the Developer to
perform reasor,ahle maintenance activities within twenty -four (24)
hours from the receipt of written demand therefore from the City.
Developer agrees to indemnify and hold the City harmless from and
against any and all liability arising from Developer's maintenance
of the Basin as provided herein.
4. If after thirty (30) days following notification by City of deficient
maintenance of the Basin, the Developer fails or neglects to comply
• with the provisions of this agreement, the City shall have the right
at any time to cause work to be done by any lawful means, and thereupon
to use the hereinafter stated cash security and /or recover from said
_1-
Developer the full cost and expense incurred in so doing. Developer
shall be billed for said costs and shall make restitution to City •
within thirty (30) days of date of billing, and or replace said cash
securities used. Should Developer fail to make said restitution,
within the time alloted, then the City will cause a lien to be filed,
against said Developer on the real property described on Exhibit "B"
attached hereto, for said restitution plus all reasonable attorney
fees.
5. This agreement shall remain in full force and effect from the date
hereof until notice by City that required construction of a Downstream
Master Planned Storm Drain sewer is completed and accepted for maintenance
by said City. At that time said maintenance security shall be returned
to Developer and this agreement shall terminate.
6. The maintenznce security is to be furnished by the Developer to
guarantee completion of the terms of this agreement and shall be
subject to approval by the City Attorney. The principal amount of
said maintenance security shall not be less than the amount shown
below;
Maintenance Security Submitted:
Total Cash
$5,000.00
IN WITNESS HEREOF, the parties hereto have caused these presents to be •
duly executed and acknowledged with all formalities required by law on dates
set forth opposite their signatures.
Date
Date
CITY OF RANCHO CUCAMONGA, CALIFORNIA
A MUNICIPAL CORPORATION
By__ Da
Jon D. Mikels, Ilayor
Attest:
Lauren IA. Wasserman, City Clerk
App edass�F��
JUB 1992 ��
�`- -2-
A
•
EXHIBIT "A"
(BASIN)
PARCEL 1
A 110 FOOT WIDE EASEMENT OVER THAT PORTION OF BLOCK S, OF ETIWANDA
COLONY LANDS, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 24 OF MAPS,
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, THE CENTERLINE BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 3, OF SAID BLOCK, THENCE
589055'19 "E 233.73 FEET ALONG THE NORTH LINE OF SAID LOT; THENCE
LEAVING SAID LINE S00015'35 "W 211.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE 500015'35 "'W 145.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1000.00 FEET,
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 012'17"
AN ARC LENGTH OF 300.28 FEEY TO A POINT HEREINAFTER REFERRED TO AS
POINT "A ", THE SIDELINES AT THE SOUTHERLY END OF SAID EASEMENT SHALL
TERMINATE AT A LINE HAVING A BEARING OF N89054'24 "W.
PARCEL 2
• A 600 FOOT WIDE EASEMENT OVER THOSE PORTIONS OF BLOCK 2, OF ETIWANDA
COLONY LANDS, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 24 OF MAPS,
AND PARCEL MAP 1, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 1, OF
PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE ABOVE- REFERENCED POINT "A ", THENCE N89054'24 "W 1535.06
FEET; THENCE 500005145 "W 600.00 FEET; THENCE 589054124 11E 2000.00 FEET
TO THE WEST LINE OF LOT 7 OF SAID BLOCK S; THENCE N00005'45 "E 600.00
FEET ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION TO A POINT
WHICH IS N00005'45 "E 8.91 FEET FROM THE NORTHWEST CORNER OF SAID LOT 7,
THENCE N89054'24 -"d 464.94 FEET TO THE POINT OF BEGINNING.
EXHIBIT A -1 IS ATTACHED HERETO AND MADE A PART HEREOF.
.,
7/8/82
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EXHIBIT 'A-I"
(BASIN)
DA512 LINE AVENUE
LINE ❑F
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'L 5,,15L M."
1L.L,MR2,74
1,1�.; PAUL I)
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L•'300.2&
PP N7 "A'
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I I
L—A
LDmT q
DIX. 5,
93.2/2A
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LM I
Cl
EXHIBIT 'B'
LEGAL DESCRIPTION
FOR
BASIN
LOTS 3,6,11, AND 14, IN BLOCK "S" OF ETIWANDA COLONY LANDS, AS PER PLAT RECORDED
IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 3, BEGINNING AT A POINT ON THE NORTH
LINE OF SAID LOT 3, 150 FEET WEST OF THE EAST LINE OF SAID LOT 3; THENCE SOUTH 200
FEET PARALLEL TO THE EAST LINE OF SAID LOT 3; THENCE WEST 218 FEET; THENCE NORTH
200 FEET PARALLEL TO THE EAST LINE OF SAID LOT 3; THENCE EAST ALONG THE NORTH LINE
OF SAID LOT 3, 218 FEET TO THE POINT OF BEGINNING.
LOTS 4,5,12 AND 13 IN BLOCK "S" OF ETI'WANDA COLONY LANDS, AS PER PLAT RECORDED IN
BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 4, BEGINNING AT A POINT ON THE NORTH
LINE OF SAID LOT 4, 150 FEET WEST OF THE EAST LINE OF SAID LOT 4; THENCE SOUTH 200
FEET PARALLEL TO THE EAST LINE OF SAID LOT 4; THENCE WEST 230 FEET; THENCE NORTH
200 FEET PARALLEL TO THE EAST LINE OF SAID LOT 4; THENCE EAST ALONG THE NORTH LINT.
• OF SAID LOT 4, 230 FEET TO THE POINT OF BEGINNING.
•
PARCEL 2 OF PARCEL MAP NO. 1, AS PER PLAT RECORDED IN BOOK 1 OF PARCEL MAPS, PAGE
1, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF A LINE THAT IS PARALLEL WITH AND
DISTANT 330.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE
EAST 1/2 OF THE WEST 1/2 OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERN,RDINO
BASE AND MERIDIAN.
THE NORTH 15 FEET OF LOT "A ", ACCORDING TO F1AP OF ET6NAN'CA CACTUS ACRES, AS PER
PLAT RECORDED IN BOOK 19 OF MAPS, PAGE 63, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF
THE EASTERLY LINE OF PARCEL NO. 3, OF PARCEL nV \O. 1, AS PER PLAT RECORDED IN
BOOK 1 OF PARCEL MAPS, PAGE 1, RECORDS OF SAID COUNTY.
c�
EXHIBIT "B -1"
(BASIN)
h
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• THIS AGREEMENT, made and entered into this day of
August, 1952, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA,
a Municipal corporation, hereinafter referred to as "City" and THE
WILLIA:1 LYON COMPANY, a California corporation, hereinafter referred
to as "Developer ", provides as follows:
R E C I T A L S
WHEREAS, Developer desires to secure the City's approval of a
final map in order to subdivide certain real property in the City
shown on conditionally approved Tentative Tract Map No. 11934;
11HEREAS, one of tfie- i:onditions of approval of Tentative Tract
Map No. 11934 is that adequate flood protection facilities be pro-
vided;
WHEREAS, said flood protection facilities require the acquisition
• and development of a drainage channel within the future right of way
of Day Creek Boulevard, which is a major divided arterial as shown
on the City's General Plan Circulation Element;
WHEREAS, City is willing to acquire the right of way for Day
Creek Boulevard across the property described in Exhibit "A" hereto,
at the present time, only if Developer agrees to pay all costs of
acquiring said right of way.
WHMI•CAS, the present acquisition of said right of way is neces-
sary be Lore Dwcloper can secure approval of a final map with respect
to the property shown on conditionally apurovr•rl en n
No. 11931.
::Ol., 'PIIE: ?E FORE, City and Developer agrco as follows:
• (1) City shall use its best efforts to acquire by appropriate
-1-
proceedings, including eminent domain proceedings if necessary, an
easement for public street and drainage purnoses across the property
described in Exhibit "A" attached hereto. •
(2) Developer may utilize said easement, when acquired, for
the construction of a drainage overflow channel in order to satisfy
the flood protection conditions of conditionally approved Tentative
Tract .'dap `lo. 11934. The location, desiqn and construction of said
drainage channel within said easement shall conform to all City
requirements therefor.
(3) All costs of acquiring the aforesaid street and drainage
easement shall be borne by the Developer. Said costs shall include,
but shall not be limited" to, just compensation for the pronerty
acquired including severance damages, if any, litigation expenses
and damages upon dismissal or defeat of right to take, appraisals,
acquisition agent expenses, legal fees, and court costs. •
(4) L.mediately upon the execution of this Agreement, Developer
shall make a payment on account to the City in the sum, of 53,000.00.
This sum, and any other deposit with the City, may be used for any
purpose contemplated by this Agreement.
(5) Prior to the filing of a complaint in eminent domain for
the ournose of acquiring the easement herein described, Developer
shall deposit with City the probable amount of compensation, based
on an annrnisal, that will be awarded in the proceeding, together
With an additional sum equal to 151 Of the probable amount of com-
pensation.
(6) In the event: ad,11tional monies are necessary in order to
complete the acquisition contemplated by this Agreement, Developer
shall deposit the same with the City within fifteen (15) days after •
-2-
ri
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demand is made therefor. Without in any way limiting the foregoing,
within fifteen (15) days after entry of judgment, or other order,
• in any eminent domain proceeding directing payment of money to any
defendant in said proceeding, Developer shall deposit with the City
an amount of money sufficient to enable the City to make said payment.
(7) City shall allow Developer a credit in an amount equal to
501 of all sums deposited by Developer with City pursuant to this
Agreement and used to pay just compensation, including severance
damages, for any property interest acquired pursuant hereto, against
such Systems Developments Fees as may hereafter become due from
Developer pursuant to Rancho Cucamonga Municipal Code Chapter 3.28
with respect to the property subject to Tentative Tract Map No. 11934.
(8) Subsequent to the conclusion of all proceedings contemplated
by this Agreement, City shall return any unused portion of Developer's
• deposits to Developer.
(9) This Agreement shall be binding and shall inure to the bene-
fit of successors and assigns of the parties hereto.
(10) Time is of the essence of this Agreement.
(11) This Agreement may be modified or amended only by an
instrument in writing executed by both parties.
(12) In the event either party is required to commence legal
action to secure performance by the other party of any of the pro-
visions of this Agreement, the prcvaili.nq party in such litigation
shall be entitled to recover court costs and reasonable attorneys
fees.
\J
IN WITNESS WH EREOr , the parties have oxecuted this Agreement on
the day and year first above written.
-3-
ATTEST:
BY:_
City Clerk
191E WILLIAM LYON COMPANY,
BY: •
President
BY:
Secretary
CITY OF RA27CHO CUCAMONGA, '1
BY:
Playor
ae
4'v
•
•
z
EXHIBIT A
O''.NER: JAMZS J. HERRERO
A 100.00 FOOT WIDE EASEMENT FOR DRAINAGE PURPOSES OVER THAT PORTION OF LOTS 9 AND
10 OF ORANGE E!!PIRE ACRES AS SHOWN ON A MAP RECORDED IN BOOK 20, PAGE 1 OF MAPS,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY TOGETHER
WITH THAT PORTION OF VICTORIA STREET ADJACENT TO SAID LOTS ON THE NORTH AND RAIL-
ROAD AVENUE NORTH ADJACENT TO SAID LOTS ON THE SOUTH, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, THE EAST LINE THEREOF
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WEST ONE -HALF OF THE SOUTHWEST ONE -
QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,
SAID POINT BEM ON THE NORTHERLY LINE OF SAID VICTORIA STREET, THENCE S0008'44"w
1337.78 FEET ALONG THE EASTERLY LINE OF SAID WEST ONE -HALF TO A POINT ON THE
SOUTH LINE OF SAID RAILROAD AVENUE NORTH RIGHT OF WAY AS SHOWN ON SAID ORANGE
EMPIRE ACRES MAP.
GJGC�
EXHIBIT A
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AGREEMENT
• THIS AGr ESM!ENT_ made and entered into this _ day of
August, 1982, by and between the CITY OF FA.NCttO CUCA'1ONGA, CALIFORNIA,
a Municipal corporation, hereinafter "City" and THE WILI,I,A'1 LYON
CO>tp:,Ny, , a California corporation, hereinafter "Developer ", provides
as follows; '
R F, C I T A L S
WHEREAS, there is attached hereto: (1) Exhibit "A" a proposed
Agreement, hereinafter "Contract ", between Southern Pacific Trans-
portation Company, hereinafter "Railroad" and the City for the con-
struction and maintenance of an underpass structure, and referred
to as the Victoria Park Lane Underpass Project, hereinafter "Dndor-
pass Project ", across Railroad's Baldwin Park Branch at MP 525.55;
. and (2) Exhibit "3" a proposed Indenture, hereinafter "Indenture"
between City and Railroad pertaining to the underpass structure;
WHEREAS, Developer desires that said underpass structure be
built and maintained becans; the sate will imnrovo access to and
enhance the value of certain of Develoner's property in the City in
the vicinity of the underpass structure;
W11FREAS, City is willing to enter into the Contract and Inden-
ture only if Developer pays all costs of constructing? and maintaining
the stru,:tur, .ind ,grc..,s to ill all resr,cts, assume and
perform the obligations of City under the Contract and Indenture;
and,
Developer is willing to do the same.
NOW, THEREFORE, City and Developer agree as Collows:
• (1) City shall execut,: and deliver to Railroad the Contract
-1-
and the Indenture.
(2)
Immediately upon the execution of this Agreement, Deve-
loper shall
deposit with City the sum of $38,030.00 which is the
•
estimated
cost summary of work by Railroad forces. That sum shall
be expended by the City in the manner contemplated by the Contract.
(3)
Developer shall construct and maintain said underpass
structure,
and in so doing shall in all respects comply with all
terms and
conditions of the Contract and Indenture. Developer
shall pay,
without limitation, all costs of constructing and main-
taining the
underpass structure.
(4)
Developer shall require that each contractor of Developer
engaged for the purpose of constructing or maintaining the underpass
structure,
or any part thereof, execute and comply with all "con-
tractor's
agreements "which are required by the Railroad, as well
as comply
with all terms and provisions of the Contract and the
•
Indenture.
(5)
Developer shall insure that each contractor engaged by
Developer for the construction or maintenance of the underpass
structure, or any part thereof, has the city named as an additional
insured on each policy of insurance that the contractor is required
to furnish pursuant to the terms of the Contract or Indenture.
(0) In order to insure that the work contemplated by the
Contract and the Indenture, and this Agro"e!nt, will be properly
perform2a in a timely manner, Developer agrees that no progress
payments shall be mado to any of Dovelouor's contractors without
written consent of the City first had and obtained.
(7) Developer agrees to indemnify City from and against all
costs, expense, claims and liabilities for injury to or death of •
-2-
C1 ,) ,!
persons (including, but not limited to, Passengers and employees
• of Railroad and employees of City), and damage to or loss of pro-
perty (including, but not limited to, property owned, leased,
occupied or used by or in the care, custody or control of Railroad
or the employees of Railroad or Citv or the employees of City),
however, same may be caused, resulting from, arising out of or in
any way connected with this Agreement or the construction or main-
,
tenance of the aforesaid undersigned ,-eject,
or contributed to by any negligent act or omission on the part of
any of City's agents or employees.
(B) Should City bring suit to compel performance of this
Agreement or to recover for breach of any covenant or condition
contained herein, Developer shall pay City's reasonable attorneys
fees in addition to the amount of judgmunt and costs.
. (9) Tine is of the essence of this Aqreemont.
(10) This Agreement may be modified or amondod only by an
instrument in writing executed by both Parties.
(11) This Agreement shall be binding and shall inure to the
benefit of successors and assigns of the parties hereto.
IN P1ITN5 SS WHFREOP, the parties have executed this Agreement
on the day and year first above written.
THE WILLIAM LYON COWANY,
BY: _
President
BY:
Secretary
ATTEST: CITY OP RANCHO CUCANIONGA,
BY: _ BY:
City Clerk Mayor
-3-
EXHIBIT "A"
Transportation Company •
610 SOUTH MAIN STREET. LOS ANGELES. CALI FOR N I A 90016 °TI{JAPiDA�323
oo. e.�^. SHAF. AC- 213629-6400 C- SC- CUC -82 -3
c. n. rncuv. •.�
July 12, 1982 ...:::' ��.:.:.:'
JUL
Mr. Lloyd B. Hubbs
City Engineer
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91730
Dear idr. t','ubbs:
This has reference to your file concerning proposed con-
struction of the Victoria Park Lane Underpass Project across
our Baldwin Park Branch at MP 526.55.
Attached are duplicate counterparts of proposed Indenture
between Railroad and City of Rancho Cucamonga, covering grant •
of eacenent to the City for the above - mentioned Underpass
Project. Also attached are duplicate counterparts of an Agree-
ment between Railroad and City covering construction and
maintenance of the underpass structure.
Please review and, if satisfactory, arrange for execution
of all counterparts on behalf of City. Signatures of the
officials executing the instruments on behalf of City should
be acknowledged, and a certified copy of a Resolution passed
by the City Council authorizing execution and acceptance of
both documents should be attached to each counterpart.
After execution on behalf of City, please return all
counterparts for similar attention on behalf of Railroad. When
fully executed the original counterpart of the easement document
and the duplicate counterpart of the C -M Agreement will be
returned for your file.
Yours truly,
DONALD J. SKAFF
13 Ye a 11111wJ
R. A. Li:;;r/a r, Asst. nnyin eer
RAZ:eo U •
AttactLment
cc: Mr. Hugh H. Foreman, Jr.
Executive Vice President
Hall & Foreman, Inc.
3186 -L Airway Avenue - Costa.Mesa, CA 92626
r+' .
- �l - i12182 - 45063/322)
RELMIS: BBO- 526.55 -X(N)
•
THIS AGREEMENT, made this day of , 1982,
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation,
herein called "Railroad," and CITY OF RANCHO CUCAMONGA, a municipal
corporation of the State of California, 9320 Baseline, Rancho Cucamonga,
California 91701, herein termed "City ";
RECITALS:
City proposes to construct a highway be means of an
underpass, hereinafter referred to as "structure," upon
certain property of Railroad, at Etiwanda (Rancho Cucamonga),
in the County of San Bernardino, State of California, in
the location shown on the print of Railroad's Drawing B -6826,
Sheet 1 of 1, dated March 8, 1982, attached and made a part
hereof.
The parties now desire to set forth herein their under-
standings and agreements relating to the construction and
maintenance of said structure and the changes made necessary
in connection therewith.
• AGREEMENT:
1. Except as herein otherwise provided, City shall furnish or cause
to be furnished, all labor, materials, tools and equipment for the con-
struction of said structure. Said structure shall be constructed in a
manner to accomodate Railroad's tracks and in accordance with plans and
specifications which shall be subject to the approval of Railroad.
2. Railroad, at the expense of the project, shall connect shoofly
tracks which are to be constructed by the City's contractors at each end
of the work limits. In addition, Railroad, at the expense of the project,
shall perform all track work other than that to be performed by City and
perform preliminary engineering, engineering inspection and flagging.
3. City agrees to reimburse Railroad for the cost and expense in-
curred by Railroad in connection with the con:Ttructior. .,r reconstruction
of said structure, including but not limited to the items listed on the
insert mar}.od Exhibit "A," attached and made a part hereof. The estimated
amount of such cost and expense is summarized in said Exhibit "A."
4. All work, to be done hereunder by Railroad shall be done only by
its employees working under railroad labor agreements and shall be done
on a force account basis or by contract. Railroad shall submit all state-
ments of cost to City for payment of work performcd by Railroad in accord-
. ance with the Interstate Commerce Commission's System of Accounts for
-1-
C./ 7
0
Railroads and on the basis of items set forth in said items of work
performed by Railroad.
5. All work contemplated in this agreement shall be performed in
a good and workmanlike manner to the satisfaction of the parties and
each portion shall be promptly commenced by the party obligated to do
same and thereafter diligently prosecuted to completion in its logical
order and sequence.
6. The books, papers, records and accounts of the parties, so far
as they relate to items of expense for labor and material, or are in any
way connected with the work herein contemplated, shall at all reasonable
times be open to inspection and audit by the agents and authorized
representatives of the parties.
7. Upon completion of the construction of said structure, City, at
its expense, shall maintain.same, including pavement, highway drainage,
lights and all highway facilities, and Railroad, at its expense, shall
maintain tracks, railroad drainage and all railroad facilities. Anv
repair or reconstruction of Railroad's roadbed, ballast or subgrade brought
about by collapse of City's said structure, or any portion thereof,
shall be done by Railroad at City's expense.
8. In the event any of the work on property of Railroad, as herein
contemplated, should be advertised for bids by City, the awarded contract*
shall include the provisions set forth in Exhibit B," attached and made
a part hereof. Said work shall not be commenced by the contractor until:
(a) City has furnished to Railroad's authorized
Engineer a copy of said contract executed by
contractor and a public liability and property
damage insurance policy containing an endorse-
ment in substantially the same form incorporated
in said Exhibit "B;" and
(b) Railroad's authorized Engineer has advised City
by letter that the limits, form and wording of
said insurance policy are satisfactory.
The said public liability and property damage insurance policy or
Policies shall. be kept in full force and effect by City's contractor during
the perfoeaanco of said work upon and adjacent to Railroad's property and
thoreafter until contractor removes all tools, equipment and materials
from Railroad's property and cleans up the premises to a presentable condi-
tion satisfactory to Railroad.
9. City and its contractor shall give reasonable notice to Railroad's
Division Superintendent before commencing any work in connection with said
structure upon or adjacent to Railroad's property, and shall observe Rail-
road's rules and regulations with respect thereto. All work upon said
structure shall be done at such times and in such manner as not to inter°mb
with or endanger the operations of Railroad.
L
10. This agreement shall .inure to the benefit of and be binding
upon the successors and assigns of Railroad and the assigns of City.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY,
r1
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a
By
(Title)
CITY OF RANCHO CUCAMONGA,
By
Mayor
By
-3-
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EXHIBIT "A"
COST SUMMARY OF WORT:
by RAILROAD FORCES
A. Bridge Work (Drain Pipe)
B. Track Work
C. Bridge Watchman
D. Engineering Inspection
E. Engineering
F. Equipment Rental
0. Freight
H. .Preliminary Engineering
I. Vacation Allowance
J. Holiday Pay
K. Health & Welfare
L. RR Retirement & Unemn. Tax
M. Pd., P1. & We. Insurance
N. Supervision
0. Contingencies
P. Net Cost
6 -3 -82
$ 1,000
Moo
1,025
9,675
1,265
2,485
375
415
930
505
1,005
2,995
715
3,580
3,460
$ 38,030
`J
f. •\
EXHIBIT "B"
RELATIONS WITH RAILROAD COMPANY
a General -- The term "Railroad "shall be understood to mean the
the
The term "Political Subdivision" shall be understood to mean
C_J7 O 1 ^A+.GNO l_.JGQ M0�190.
It is expected that Railroad will cooperate with the Contractor to the end
that the work may be handled in an efficient manner, but the Contractor shall
have no claim for damages or extra compensation in the event his work 1s held
up by the work by Railroad forces.
(b) Railroad Reouirements -- The Contractor shall cooperate with Railroad
wnero wor. is over or under the tracks, or within the limits of Railroad pro-
perty, in order to expedite the work and to avoid interference with the o;,er-
ation of railroad equipment.
The Contractor shall comply with the rules and regulations of Railroad
or the instructions of its representatives in relation to the proper manner
of protecting the tracks and property of Railroad and the traffic moving on
such tracks, as well as the wires, signals, and other property of Railroad,
Its tenants or licensees, at and in the vicinity of the work during the period
0 s construction.
The Contractor shall perform his work in such manner and at such tires as
all not endanger or interfere with the safe operation of the tracks and pro-
perty of Railroad and the traffic moving on such tracks, as well as wires, sig-
nals and ot!:cr property of Railroad, its tenants or licensees, at or in the vi-
clnity of the work.
Except as otherwise provided herein, the Con`_ractorts operations shall not
infringe on the following minimum clearances from any railroad track:
101 - 0" horizontally from center line of track.
zz'- C vertically above top of rail.
Any Infringemont on the above clearances due to the Contractor's oper-
ations shall be submitted to the Railroad and to the Engineer, and shall not
be undertaken until approved by the Railroad, and until the Engineer has ob-
tained any necraaor,- authorisation from any governmental body or bodies having
jur!sd letion t!.ereovor. No extra compensation will be allowed in the event the
Contrac`cr,a work is delayed pending Railroad approval and governmental authori-
zation.
In the case of impaired vertical clearance above top of rail, Railroad shall
have the option of installing tell -tales or other protective devices Railroad
dooms nocoassry for protection of Railroad trainmen or rail traffic.
12 -1 -61
,Von FA )� /
,r, lko dotnila of construction affecting the Pallroad tracks end property
not Inc'_cdod in the contract plans shall be submitted to the Railroad for
approval before such work is undertaken.
Except in connection with construction of grade separation structures on
premises of Railroad, no private crossings at grade over tracks of Railroad i
for the purpose of hauli:g earth, rock, paving or other materials will be
permitted. If the Contractor, for the purpose of constructing highay- railway
grade separation structures, including construction ramps thereto, desires to
move his equipnent or materials across Railroads tracks, he shall obtain
permission from Railroad; and, should it be required, the Contractor shall '
execute a private crocsing asreement. The crossing, installation for the use
of the Contractor, to -ether with any protective devices, if required, shall
be at the expense of the Contractor. Contractor shall furnish his own
employees as flasrsn to control movements of vehicles on the priva,ta roadway
and shall take all measures necessary to prevent the use of such roadway by
unauthorised persons and vehicles.
In advance of any blasting, the Contractor shall notify Railroad :a order
that promsr fla„i protection may be provided.
The Contractor shall, upon completion of the work covered by this con-
tract, to be performed by Contractor upon the premises or over or bc.ea-h t
tracks of Railroad, trcmotly remove from the promises of Railroad all of Ccn-
tractor'n tools, ;mnlem=_nts and other materials, winether brought upon zaid by said Contractor or any subcontractor, employee or agent of Con-
tractor or of any subcontractor, and cause said premises to be left in a
clean and presentaole ecndition.
(c) Pr atnct:.nn of 2cilroad Facilities - -'In connection with work performed
me railro�c c. caa_:gs, ray' -rend rep ?sash to tives, conductors, flagmen or watch-
man, wily. be provided by Railroad to protect its facilities, property end movements cf Sts trains, or engines, when in the opinion of Railroadis repre -•
SOntatiVC sans is necessary due to the Contractor's operations while wor!cing
on or adjacent to the Railroad's property or its tracks.
The cost oS all personnel deened necessary by Railroad and provided by
Railroad for the protection of Railroad facilities and trains during the per-
iod of cons tract ink the separation, and the cost of installing protective
devices in the cane of impaired clearance, as above specified, shall be borne
by the Contractor and suns sufficient to cover the claims based upon bills
rondored to the political subdivision by Railroad for such costs will be
deducted frcn the progress and final pay estimates due the Contractor.
the The rates of pay of Railroad employees cuatomariiy called upon to act for
protection of ailroad are the railroad rates in of meet at the time of the
work for the various classes of labor. Compensation, property damage and tub -
lic liability innurnnce; vacation and holiday time, railroad retirement anc
unomployment taxes, health and welfare, and supervision cherges shall be added
to tho above rates.
Railroad wila v, ca rocue.s t, lurnish prospective biddera with an estimate
of coot o,.^'t1:e f'- ac, ^,ing protection which will be required, but such estivate
shall be understood to be approximate only and no guaranty is made that the
total coot of such flazging will not be in excess of the estimated amount.
Cho determination of th coat of flaq�ing and protective devices to be used
a a bas la for the submitting of bids shall be the responsibility of the pro -
?poctivo bidders.
(d) Work by nntirosd Cemaanv -- Railroad will rearrange its telephone, tele-
,rapn ana as ig;ai i_aca ana appurtenances, and will make all rill perform any other work in connection therewith. track changes and •
?.27-65
(on PA
r, '1.
The work by Railroad will be done by its own forces and is not a part of
�a work under this contract.
Additional Work by Railroad Company (if any) --
fe Arree -en*. -- Before doing any work on Railroad's property, the Contractor
11 exac;;co an agreement with Railroad in the form of agreement annexed hereto.
•
12 -1 -51
Non FA _3
/ ^ ti
bra U - '6 / ?j/ i'I
RLLMIS: 7
T::13 dCiE2:: =:lT, iaade tilis dew o: 19!
by and between
a corporation, herein termed "Railroad ",
a:l.iress:
herain tera.ed "Contractor ";
1. For a period not to e4tend beyonc 19
Railroad hereby pc:ni• S Contractor to enter upon tna prcper�, of�Railzoad
r Tin -�c. MP o- S2C-.5 in the County
at of 5sr..A� State o`- C °I;
for O: Vl %,L ra�vc,.�� U.n darnev
1.
.
/Contra ^`or warrants "hat Cpntrac UOr has entered into a contract
w:t:h l.. -LJ O'� KAv1LNb C�C nLO.1GG I
(he _ ^c tear :2 r/t r'dC °T`I!rd Parry", COV2 N_. ^g C:1O ::O r:: CO be per-
In •
COnneCtiC.n .._th Said StrgCturd at said location.
1. Contractor ae;recs to reimburse Railroad for all cost and expanse
'incurred by Rai'roa;! in connection with the construction or operation. not
cui:ed uade! �fo :e said contract bet, -4 Darr.•: and Contractor,
inciudinc, but not limited to, t:ie furnishing 'of sec., inspectors, watc --
ran znd Elegy -men as Railroad de eras necesda r to protect its property,
tracks, engln ^_s, trains and cars and thz operation thereof, the installa-
tion and r•_novai of env necessary falsaa:o r }: beneath. the tracts of Railroad
and the restoration of Railroad's Property. No vehicular crossing over
Railroad's tract shall be installed or used by Contractor without prior
written pi mission of Railroad.
4. Contractor Shall give Railroad at least five (5) days' notice
in advance of any wort done upon or adjacent to Railroad's property under
said contract. Contractor snall notify Railroad the date said work is
Co^,olecad, and also the date Cho Contractor's work is accented by Third
?arty, Upon comuletion of the •work, to be done upon Railroad's property
under said contract, Contractor shall promptly remove from Railzoad's
property all tools, equipment and materials placed :hureon oy the Concrae-
ter and Concractor's aucnts. Contractor wall restore said property to
the sane stag and condition as when Contractor entered thereon and shall
leave said property in a c!ean and orosentaolo condition.
i. Said work shall be ?e .`orm•_d in accordance with plhns and spaci- •
flea ^ions appruv.nl 'ny uailroad and in e;uch o;:uvlQ•r anJ aC ouch ti:aus as
Shall not Cnlantler Or inturfura with t1e safe cpvratjon Of :Ile trae:<s
-` IDy
For: 'fl - 12/3/76
and other facilities at said location. No materials, tools or equip-
ment shall be stored within ten (10) feet of the center lire of any
track. The regulations of Railroad and the instructions o£ its
representatives shall be complied with relating to the proper cannel`
of protecting the tracks, pipelines, wire lines, signals and all other
property at said location, the traffic moving on such tracks and the
removal of tools, equipment and materials.
6. Contractor hereby releases and agrees to indemnify Railroad
from and against all cost, expense, claims and liability for injuries
to or death of persons (including, but not limited to, passengers and
employees of Railroad), and damage to or loss of property (including,
but not limited to, property owned, leased, occupied or used by or in
the care, custody or control of Railroad or the employees of Railroad),
howsoever sane may be caused, resulting from, arising out of or in any
way connected with the prosecution of the work under said contract
upon or adjacent to Railroad's property at said location, whether or
not caused or contributed to by the operation of trains on Railroad's
adjacent track, or by an% negligence or alleged negligence on the part
of any of Railroad's agents or employees. For the purposes of this
section, the term "Railroad" shall include any other railroad company
using Railroad's property at said location with Railroad's Consent
and any affiliate, subsidiary or lessor of Railroad.
• 7. Should Railroad bring suit to compel performance of or to
recover for breach of any covenant or condition contained herein,
Contractor shall pay to Railroad reasonable attorney fees in addition
to the amount of ,judgment and costs.
8. Prior to the performance of any work upon or adjacent to .
Railroad's property under said contract, Contractor shall furnish
Railroad, at Contractor's expense, a certified copy of a public lia-
bility and property damage liability insurance policy issued in the
name of the Contractor covering the contractual liability assumed by
Contractor under section 6 hereof. The form, substance and limits
of said insurance policy shall be subject to the approval of Railroad
and shall be in compliance with the provisions contained in the insert
marked "Exhibit d ", hereto attached and made a part hereof.
Contractor shall keep said insurance in full force and effect
until all wor!: to be performed upon or adjacent to Railroad's prop-
erty under said contract is completed to the satisfaction of and
acceptad by Third Party and thereafter until Contractor has ful-
filled the provisions of this agreement with respect to the removal
of tools, equipment and materials from Railroad's property. Said
policy shall name Railroad as additional insured.
9. The permission herein given shall not be assigned by Con-
tractor without the prior written consent of Railroad, except in the
r
case of subcontractors who shall be deemed agents of Contractor, •
subject to the turns of this agreement.
M
IN WITNESS WHEM EOF, the parties hereto have caused these pre-
sents to be executed in duplicate the day and year first herein
written.
•
•
•
E X H I B I T "A"
of
Contractor's Agreement
The coverage afforded hereunder shall include the liability
assumed by the named insured under the following indemnification
provisions contained in an agreement in writing between the named
insured and ,
covering work to be performed upon or adjacent to its property at
Mile Post ,
"Contractor hereby releases and agrees to indemnify
Railroad from and against all cost, expense, claims and
liability for injuries to or death of persons (including,
but not limited to, passengers and employees of Railroad),
and da =ale to or loss of property (including, but not
limited to, property owned, leased, occupied or used by
or in the care, custody or control of Railroad or the
e= playees of Railroad) howsoever sane may be caused, re-
sulting from, arising out of or in any way connected with
• the prosecution of the pork under said contract upon or
ad,accat to Railroad's property at said location, whether
or not caused or contributed to by the operation of trains
on Railroad's adjacent track, or by any negligence or
alleged negligence on the part of any of Railroad's agents
or e_p'_cyees. For the purposes of this section, the term
'Railroad' shall include any other railroad company using
Railroad's property at said location with Railroad's
consent and any affiliate, subsidiary or lessor of Railroad."
The policy or policies shall provide coverage in amount of not
less thar. Two L "zillion Dollars ($2,000,000) combined single limit for
all da:ages arising out of bodily injury to or death of persons and
for loss of or darage to property.
No cancellation of this policy or modification of the coverage
afforded under this endorsement shall be effective until ten (10)
da,:c' notice thereof has been given to i' /Ir �t R
Southern pacific Buiiains,
One .._rlcot i=a� -an :ra- casco, California 94105, _
The policy shall name
r ,> as aoditional insured.
EXFIB'T "A"
1 !1 7
EXHIBIT "B"
[RAF - VI - 6/16/82 - 45063/3221
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
N.-N
Slre
A"m.fa
SI L J
;.;.
SPACE ABOVE THIS UNE FOR RECORDER'S USE
RELMIS: BBO- 526.55 -X(N)
THIS INDENTURE, made this day of , 1982, by and
between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation of the
•
State of Delaware, herein termed "Railroad," and CITY OF RANCHO CUCAMONGA,
9320 Baseline, Rancho Cucamonga, California 91701, herein termed
WITNESSETH:
1. Railroad hereby grants to Grantee the right to construct, recon-
struct, maintain and use a street or highway by means of an underpass,
hereinafter termed "highway," in, upon, along, over and across that certai .
property of Railroad, at or near Etiwanda (Rancho Cucamonga) , in the
County of San Bernardino, State of California, in the location more parti-
cularly described in the Exhibit "A," attached and made a part hereof.
1 -a. The rights granted are limited vertically to a plane or planes
coincident with the top of the underpass structure or a plane parallel
with and twenty (20) feet above the roadway surface of the highway, as
originally constructed, whichever is the higher.
1 -b. Any contractor performing work on the property herein described
shall execute Railroad's standard form of Contractor's Right of Entry
agreement prior to commencing any work on Railroad's premises.
,, ICI
2. This grant is made subject and subordinate to the prior and continuing right and obligation of
Railroad, its successors and assigns, to use all the property described herein in the performance of its duty
• az a common carrier and far that purpose there is reserved unto Railroad, in successors and assigns, the right
(consistent with the rights herein granted) to construct, reconstruct, maintain and userexisting and future
railroad tracks, facilities and appurtenances and existing and future transportation, communication and
pipe line facilities and appurtenances in, upon, over, under, across or along said property.
J. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants,
encumbrances, liens and claims of title which may affect said property and the word GRANT as used herein
shall not be construed as a covenant against the existence of any thereof.
4. The rights herein granted to Grantee shall lapse and become void the on�gstr�ction or recon-
struction of said highway upon said property is not commenced withn "e� trmr date first herein
written.
•
S. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install
or the power to authorize the installation of anv ditches, pipes, drains, sewer or underground structures, or
the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said
property, except as may be necessary for the maintenance of said highway.
6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct,
maintain and use said highway upon'said'property from the governmental body or bodies having jurisdiction
thereover.
7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing,
Istructing and maintaining said highway upon said property. 3'Ite- nvsnr�srf�si&- hizhwas- roar —asv
8. Grantee agrees to reimburse Railroad for any and all assessments which May be levied by order of
any authorized lawful body against the property of Railroad (and which may have been paid by Railroad)
to defray any part of the cost or expense incurred i con Lion with the construction or reconstruction of said
highway upon said property commenced within b
- qW the date first herein written,
0. Should Grantee, its successors or assigns, at any time abandon the use of said property or any part
thereof, or fail at any time to use the same for said purpose for a continuous period of one (1) year, the rights
granted shall cease to the extent of the use so abandoned or discontinued, and Railroad, its successors or
assigns, shall at once have the right, in addition to but not in qualification of the rights heminabove reserved,
to resume exclusive possession of the said property, or the part thereof the use of which is so discontinued or
abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in-
cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the
same state and condition in which it existed prior to the construction of said highway, and to bear the expense
thereof, Should Grantee in such event fail, neglect or refuse to so remove said highway and restore mid
prnperty, such removal and restoration may be perforated by Railroad at the expense of Grantee, which
expense Grantee agrees to pay to Railroad upon demand.
10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
respective officers thereunto duly authorized as of the day and year first above written.
• SOUTHERN PACIFIC TRANSPORTATION
COMPANY"
By
(Title)
Attest:
J" ', Assistant secrctnry
•
EXHIBIT "A"
That portion of Lots 5 and 0 of Block ",f" of Btiwar,da
Colony Lands situated in the City of Rancho Cucamonga, County
of San Bernardino, State of California, as shown on a map
recorded in Book 2, page 24 of flaps. Records of said San
Bernardino County, described as follows:
Beginning at a point in the northerly line of land
(100 feet wide) of $ou.thcrn Pacific Transportation Company as
described in Deed recorded in Book S27, Page 200 of Deeds,
Records of said San Bernardino County, that is distant thereon
South 89 013106" East 522.21 feet from the westerly line of the •
southeast quarter of Section 32, Township 1 North, Range 6 Pfest,
San Bernardino Meridian; thence South 87 °13106" fast 190.00 feet
along said northerly line; thence South 0 °46'54" West 100.00
feet to a point in the southe:ly line of said Company's land;
thence North 89 °13106" West 190.n0 feet along said southerly
line; thence North 00- 16154" Bast HMO feet to the point of
beginning, containing an area of 0.430 of an acre, more or less.
. Page 1 of I -
i)
•
Fr
?IG.
•
EXHIBIT "A"
That portion of Lots 5 and 0 of Block ",f" of Btiwar,da
Colony Lands situated in the City of Rancho Cucamonga, County
of San Bernardino, State of California, as shown on a map
recorded in Book 2, page 24 of flaps. Records of said San
Bernardino County, described as follows:
Beginning at a point in the northerly line of land
(100 feet wide) of $ou.thcrn Pacific Transportation Company as
described in Deed recorded in Book S27, Page 200 of Deeds,
Records of said San Bernardino County, that is distant thereon
South 89 013106" East 522.21 feet from the westerly line of the •
southeast quarter of Section 32, Township 1 North, Range 6 Pfest,
San Bernardino Meridian; thence South 87 °13106" fast 190.00 feet
along said northerly line; thence South 0 °46'54" West 100.00
feet to a point in the southe:ly line of said Company's land;
thence North 89 °13106" West 190.n0 feet along said southerly
line; thence North 00- 16154" Bast HMO feet to the point of
beginning, containing an area of 0.430 of an acre, more or less.
. Page 1 of I -
i)
•
0
�1
lJ
9
nTmv nun n a wrnvn 11 .1 J .un Tl
vu a yr a,c,avvuv vvvnnavavvn O1CAA10Ov
STAFF REPORT s
U
4�
DATE: August 9, 1982 v" i
1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Formation of Street Lighting Maintenance District A3
,
Attached are the appropriate resolutions for the formation of a street lighting
district for the first phase of Victoria. Although the District is labeled
?13, it is the first such district in the City. Staff will be presenting
District bl and @2 in the near future. These Districts will comprise all new
tracts in the City with Al covering residential lighting and N2 arterial
lighting. We will also be exploring with the Council formation of a City-
wide lighting district.
The estimated assessments in District A3 is $56.09 per unit per year.
RECOMMENDATION
It is recommended that the Council adopt the appropriate resolutions to
establish Street Lighting Maintenance District H3 and set the Public Hearing
date for September 1, 1982.
Respectfully submi ted,
Attachments
U
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA INITIATING PRO-
CEEDINGS FOR THE FORMATION OF STREET LIGHTING
MAINTENANCE DISTRICT N3 PURSUANT TO THE LAND-
SCAPING AND LIGHTING ACT OF 1972
WHEREAS, Part 2 of Division 15 (commencing with Section 22500)
of the California Streets 8 Highways Code authorizes this City Council
to initiate proceedings for the formation of an assessment district to
improve and maintain street lighting located therein; and
WHEREAS, this City Council desires to initiate proceedings for
the formation of an assessment district to be known as "Street Lighting
Maintenance District No. 3" to maintain street lights to be located
within the boundaries of said Street Lighting District.
N0:1, THEREFORE,"the City Council of the City of Rancho Cucamonga
does hereby resolve as follows:
SECTION 1: This City Council hereby proposes the formation of
an assessment district to be known as "Street Lighting Maintenance
District No. 3" pursuant to the landscaping and Lighting Act of 1972.
• SECTION 2: The nature, location and extent of the street
lights to be maintained within Street Lighting Maintenance District
No. 3 are more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference.
SECTION 3: The location and extent of Street Lighting
Maintenance District No. 3 is more particularly described in Exhibit
"B" attached hereto and incorporated herein, and this City Council
hereby specifies the designation "Street Lighting Maintenance District
No. 3" for said district.
SECTION 4: The City Engineer is hereby authorized and
directed to cause the preparation and filing of a report with respect
to the formation of Street Lighting Maintenance District in accordance
with Article 4 (Commencing with Section 22565) of Chapter 1 of the
California Streets and Highways Code.
PASSED, APPROVED, and ADOPTED this 9th day of August, 1982.
AYES:
NOES:
ABSENT:
0
I:!
� i�
RESOLUTION N0.
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRE-
LIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR
THE STREET LIGHTING MAINTENANCE DISTRICT NO. 3
WHEREAS, Part 2 of Division 15 (commencing with Section
22500) of the California Streets and Highways Code authorizes this
City Council to initiate proceedings for the formation of an assess-
ment district to improve and maintain street lighting located
therein; and
WHEREAS, pursuant to Resolution No. 7, ''^, this City Council
initiated proceedings for the formation of an assessment district to be
known as "Street Lighting Maintenance District No. 3" to improve and
maintain street lighting to be located in the boundaries of said Street
Lighting Maintenance District and ordered the preparation and filing of
a report in accordance with Article 4 (commencing with Section 22565)
of Chapter 1 of the California Streets and Highways Code; and
WHEREAS, there has been presented to this City Council that
certain "City of Rancho Cucamonga Engineer's Report for Street Lighting
Maintenance District Victoria Community "; and
• WHEREAS, this City Council has duly considered said Engineer's
Report in each and every part thereof, and finds that each and every
part of said Engineer's Report is adequate end sufficient and that
said Report does not require modification in any respect.
NOW, THEREFORE, the City Council of the City of Rancho
Cucamonga does hereby resolve as follows:
SECTION 1: This City Council hereby gives its preliminary
approval to the Engineer's Report referred to in the recitals herein -
above.
SECTION 2: Said Engineer's Report which is referred to in the
recitals hereinabove shall stand as the City Engineer's Report for the
purposes of all subsequent proceddings in connection with the formation
"Street Lighting Maintenance District No. 3 ".
PASSED, APPROVED, and ADOPTED this 9th day of August, 1982.
AYES:
HOES:
ABSENT:
•
II
Original Formation
Lloyd d. Hubby
City Engineer
Date
CITY ENGINEER'S REPORT
FOR
STREET LIGHTING MAINTENANCE DISTRICT NO. 3
0
•
J
• TABLE OF CONTENTS
E
•
SECTION 1
Authority For Report
Page
SECTION 2
General Description
Page
SECTION 3
Plans and Specifications
Page
SECTION 4
Estimated Costs
Page
SECTION 5
Assessment Diagram
Page
SECTION 6
Assessments
Page
SECTION 7
Order of Events
Page
RESOLUTION APPROVING ENGINEERS REPORT Page
RESOLUTION OF INTENTION TO FORM DISTRICT Page
RESOLUTION FORMING DISTRICT Page
ASSESSMENT DIAGRAM Page
1 15
CITY OF RANCHO CUCAMONGA .
ENGINEER'S REPORT
FOR
STREET LIGHTING MAINTENANCE DISTRICT NO. 3
SECTION 1. AUTHORITY FOR REPORT
This report is prepared in compliance with the requirements of Article
4, Chapter 1, Division 15 of the Streets and Highways Code, State of California
(Landscaping and Lighting Act of 1972).
SECTION 2. GENERAL DESCRIPTION
The report deals with the estimated assessments for Fiscal Year
1983 -84 of Street Lighting Maintenance District No. 3 for Tracts Nos. 11934,
12044, 12045 and 12046 within the City of Rancho Cucamonga. The area to be
considered is specifically defined in the body of the report and on the
attached Assessment Diagram. Work to be provided for, with the assessments estab-
•
lished by the District are:
The furnishing of services and materials for the ordinary and
usual maintenance, operating and servicing of any street light
improvement. Improvement maintenance is considered of general
benefit to all areas in the District and cost shall be divided
on a per dwelling unit basis.
SECTION 3. PLANS AND SPECIFICATIONS
The plans and specifications for street lighting have been prepared
by the developers for the subdivision improvements. The plans and street lights
are as stipulated in the conditions of approval for the subdivision and as approved
by the City Engineering Division. Reference is hereby made to the subject tract
maps and the assessment diagram for the exact location of the street lighting
areas. The plans and specifications for street lighting improvement on the
individual tracts is hereby made a part of this report to the same extent as if
said plans and specifications were attached hereto.
Detailed maintenance activities on the street lighting
district include: the repair, removal or replacement
•
of all or any part of any improvement, providing for the
illumination of the subject area.
1 '//
SECTION 4. ESTIMATED COSTS
• No costs will be incurred for street lig'cing improvement con-
struction. All improvements will be constructed by :zvelopers. Based on
historical data adjusted for inflation, it is estimated that maintenance costs
for assessment purposes will be as indicated below f:• the fiscal year 83 -84.
These costs are estimated only, actual assessments w" I be based on actual cost
data.
1983 -84 Estimated Assessment
1. S.C.E. Maintenance and Energy: '
Lamp Size* Quantity Rate **
5800 L 333 9.97
N
*High Pressure Sodium Vapor **S.C.E. Schedul=_ -S -1 All night service per lamp
per month. Effs ::ive 1/5/82 plus 200
Lamps Rate Mos.
(333) ($9.97) (12) = $39840.12
Incidental Expenses:
Engineering and Assessment District Reocrds
City Administration and Procedures 500
11,500 /year
1193 =. 12044, 12045 and 12046
$3984.'2 + $1,500 /year
737 dwelling units $56.09/yr/
/unit
56.09 a 12 = 4.67 /month /dwelling unit
Assessment shall apply to each 'dwelling unit as er �erated in Section 6 and the
attached assessment Diagram.
SECTION 5. ASSESSMENT DIAGRAM
A copy of the proposed Assessment Oiagr_1 is attached to this
report and labeled "Street Lighting Maintenance Dis.,ict No. 3 ". This diagram is
hereby incorporated within the text of this report.
51,000
3. Costs per dwelling unit within Tracts Nos.
Total Annual Estimated Costs
H of Owelling Units in Tract
2
I) %
SECTION 6, ASSESSMENT
Improvements for the District are found to be of general benefit to all •
dwelling units within the District and that assessment shall be equal for each
dwelling unit.
It is proposed that all future development within the P.C. Boundary of
the Victoria Community shall be annexed to District No. 3.
The District does not include any lights on Arterial Highways such
as Baseline or Highland, and it is not intended in the future annexations to
include arterials. It does include Victoria Park lane.
SECTION 7. ORDER OF EVENTS
1. City Council approves institution of District proceedings.
2. City Council adopts Resolution of Preliminary Approval of
City Engineer's report.
3. City Council adopts Resolution of Intention to form a District
and sets a public hearing date.
4. City Council conducts public hearing, considers all testimony
and determines to form a District or abandon proceedings.
5. Every year in May, the City Engineer files a report with City
Council.. •
6. Every year in June, the City Council conducts a public hearing
and approves, or modifies and approves the individual assessments.
3
�-
1!Y
•
RESOLUTION NO. _ � - 13')
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS
INTENTION TO FORM STREET LIGHTING MAINTENANCE
DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972
WHEREAS, on July 21, 1982, this City Council adopted Resolution
No. proposing the formation of an assessment district to be known
as "Street Lighting Maintenance District No. 3" for the purpose of
maintaining certain street lighting improvements to be located within
said assessment district; and
WHEREAS, on July 21, 1982, this City Council preliminarily
approved an Engineer's Report with respect to said "Street Lighting
Maintenance District 3" and caused said Engineer's Report to be filed
in the City Clerk of the City of Rancho Cucamonga; and
WHEREAS, this City Council desires to form Street Lighting
Maintenance District No. 3 for the maintenance of certain street
lighting improvements to be located therein.
NOW, THEREFORE, the City Council of the City of Rancho
• Cucamonga does hereby resolve as follows:
SECTION 1: This City Council hereby declares its intention
to order the formation of an assessment district to be known as "Street
Lighting Maintenance District No. 3" for the purpose of maintaining
certain street lighting improvements therein and to levy and collect
assessments pursuant to the Landscaping and Lighting Act of 1972.
•
SECTION 2: The street lighting improvements to be maintained
within the boundaries of Street Lighting Maintenance District No. 3 are
more particularly described on Exhibit "A" attached hereto and incorpor-
ated herein by reference.
SECTION 3: The general location of Street Lighting Maintenance
District No. -3 is more particularly described on the diagram attached
hereto as Exhibit "D" and incorporated herein by reference.
SECTION 4: Reference is hereby made to the Engineer's Report
on file sith the City Clerk of the City of Rancho Cucamonga for a full
detailed description of the boundaries of Street Lighting Maintenance
District '!n. 3 and the proposed assessments upon assessable lots and
parcels of land within said assessment district.
W7
Resolution No.
Page 2
• SECTION 5: This City Council hereby sets the date, time and
place of a public hearing on the formation of Street Lighting Maintenance
District No. 3 to be as follows:
DATE: September 1, 1982
TIME: 7:30 p.m.
PLACE: City Council Chambers at 9161 Base Line Road,
City of Rancho Cucamonga.
SECTION 6: The City Clerk of the City of Rancho Cucamonga is
hereby authorized and directed to cause a certified copy of this Resolution
to be published at least once, ten (10) days before the date set for said
public hearing in The Daily Report, a newspaper of general circulation
published in the City— oario and circulated in the City of Rancho
Cucamonna. The City Clerk is also authorized and directed to cause
a certified copy of this Resolution to be sent by first -class mail to
those oersons whose names-and addresses appear on the last equalized
county assessment roll or the State Board of Equalization Assessment
roll with respect to the real property to be included in Landscane
Maintenance District No. 2.
PASSED, APPROVED, and ADOPTED this 9th day of August, 1982.
• AYES:
NOES:
ABSENT:
•
i
rJ
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 9, 1982 u(,
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Formation of Landscape Maintenance District #2 (Victoria
Planned Community) ,
Attached is the Engineer's Report for the formation of the Landscape
Maintenance District q2 covering the entire Victoria Planned Community.
This District formation follows the basic direction given by the Council
prior to approval of the tentative tract map.
Basically the District is separate from the City -wide District and includes
the maintenance of all common landscape areas including front yard trees
throughout the tract.
This extensive commitment on the part of the City results in assessments
which will likely begin exceeding $200 and eventually seeking a level
between $150 and $200 per year. The level of involvement of the City is
significant and will help insure the quality of the development but it will
also likely result in a great deal of community interaction which will
result in a certain amount of conflict. This should be expected as we
assume these responsibilities. The most sensitive part of this program
will likely be front tree maintenance.
Other unique features of this report is the assessment of vacant and
commercial uses. To date this has not been a part of City -wide District
but seems to be necessary to balance the development of assessments for
the Planned Community. The key result of this approach is to accomplish
making The 'William Lyon Company a major partner in maintenance of the
early stages.
RECOMMENDATIOil
It is recommended that Council approve the resolutions required to initiate
the formation of Landscape Maintenance District No. 2.
` Respectfully submit txed,
v
LBH:ja
9 I Attachments
n
RESOLUTION NO. G 9-1?2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, INITIATING PRO-
CEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTEN-
ANCE DISTRICT NO. 2 PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972
WHEREAS, Part 2 of Division 15 (commencing with Section
22500) of the California Streets 8 Highways Code authorizes this City
Council to initiate proceedings for the formation of an assessment
district to improve and maintain landscaping located therein; and
WHEREAS, this City Council desires to initiate proceedings
for the formation of an assessment district to be known as "Landscape
Maintenance District No. 2" to improve and maintain landscaping to be
located within the boundaries of said landscape maintenance district.
NOW, THEREFORE,'the City Council of the City of Rancho Cucamonga
does hereby resolve as follows:
SECTION 1: This City Council hereby proposes the formation of
an assessment district to be known as "Landscape Maintenance District
No. 2" pursuant to the Landscaping and Lighting Act of 1972.
SECTION 2: The nature, location and extent of the landscape
improverents to be installed and maintained within Landscape Maintenance
District No. 2 are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION 3: The location and extent of Landscape District No. 2
is more particularly described in Exhibit "B" attached hereto and incor-
porated herein, and this City Council hereby specifies the designation
"Landscape Maintenance District No. 2" for said landscape maintenance
district.
SECTION 4: The City Engineer is hereby authorized and directed
to cause the preparation and filing of a report with respect to the
formation of Landscape Maintenance District in accordance with Article
4 (Commencing with Section 22565) of Chapter 1 of the California Streets
and Highways Code.
PASSED, APPROVED, and ADOPTED this 9th day of August, 1982.
AYES:
NOES:
ABSENT:
0
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VICTORIA
LANDSCAPE MAINTENANCE DISTRICT
EXHIBIT 'A
REVISED 5-19 -82
'..'j" "I-09-92
VI CTGRIA
LANDSCAPE MAINTENANCE
DISTRICT
EXHIBIT "B"
THOSE PORTIONS OF SECTIONS 31 AND 32 IN TOWNSHIP 1 NORTH, RANGE 6
J
WEST OF THE SAN BERNARDINO MERIDIAN ACCORDING TO THE TOWNSHIP PLAT
APPROVED BY THE SURVEYOR GENERAL DATED NOVEMBER 13, 1855 TOGETHER
WITH THAT PORTION OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 7 WEST OF
THE SAN BERNARDINO MERIDIAN ACCORDING TO THE TOWNSHIP PLAT APPROVED
BY THE SURVEYOR GENERAL DATED.JUNE 20, 1884 TOGETHER WITH THOSE
PORTIONS OF SECTIONS 5 AND 6 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST OF
THE SAN BERNARDINO MERIDIAN ACCORDING TO THE TOWNSHIP PLAT APPROVED
BY THE SURVEYOR GENERAL DATED APRIL 19, 1884 AND THAT PORTION OF
&ECTION 0 TOWNSHIP 1 SOUTH, RANGE 6 WEST OF THE SAN BERNARDINO MERI- •
DIAN ACCORDING TO THE TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL
DATED NOVEMBER 3, 1873, ALL IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 8, DISTANT EASTERLY 60 FEET FROM THE SOUTHWEST CORNER
OF SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG A LINE THAT IS
PARALLEL WITH AND DISTANT EASTERLY 60 FEET FROM THE WESTERLY LINE OF
SAID NORTHWEST QUARTER TO THE SOUTHERLY LINE OF THE NORTHERLY 1650
FEET OF SAID NORTHWEST QUARTER; THENCE 'WESTERLY 60 FEET ALONG SAID
SOUTHERLY TO THE 'WESTERLY LINE OF SAID SECTION 8; THENCE NORTHERLY ALONG
SAID 'WESTERLY LINE TO THE NORTHWEST CORNER OF SAID SECTION 8; THENCE
•ESTERLY 370 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 6; THENCE NORTHERLY •
1of8
VICTORIA
LANDSCAPE MAINTENANCE
• DISTRICT
EXHIBIT "B"
ALONG A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 320 FEET
FROM THE EASTERLY LINE OF SAID SECTION TO THE EASTERLY PROLONGATION
OF THE SOUTHERLY LINE OF LOT 1 OF TRACT NO. 8369, RECORDED IN BOOK
I
118, PAGES 36 TO 39 OF MAP BOOKS, RECORDS OF SAID COUNTY; THENCE
WESTERLY TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTHERLY
ALONG THE EASTERLY LINE OF SAID TRACT NO. 8369, THE EASTERLY LINE
OF TRACT NO. 8805 RECORDED IN.SOOK 126, PAGES 61 AND 62 OF MAP BOOKS
RECORDS OF SAID COUNTY AND THE EASTERLY LINE AND ITS NORTHERLY PRO-
LONGATION OF TRACT NO. 8806 RECORDED IN BOOK 130 PAGES 38 AND 39 OF
•
MAP BOOKS, RECORDS OF SAID COUNTY TO THE SOUTHERLY LINE OF SAID SEC- •
TION 31; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST
•
CORNER OF THE EASTERLY 430 FEET OF SAID SECTION 31; THENCE NORTHERLY
ALONG THE WESTERLY LINE OF SAID EASTERLY 430 FEET TO THE SOUTHERLY
LINE OF THE PACIFIC ELECTRIC RAILROAD RIGHT -OF -WAY; THENCE WESTERLY
ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE TO THE WESTERLY LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION BEING
ALSO THE CENTERLINE OF ROCHESTER AVENUE; THENCE SOUTHERLY ALONG SAID
WESTERLY LINE AND SAID CENTERLINE TO THE SOUTHERLY LINE OF SAID
SECTION 31; THENCE 'WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTH-
WEST CORNER OF SAID SECTION 31 AND THE CENTERLINE OF MILLIKEN AVENUE;
THENCE NORTHERLY ALONG WESTERLY LINE AND SAID CENTERLINE TO THE
SOUTHERLY LINE OF THE PACIFIC ELECTRIC RAILROAD RIGHT -OF -WAY, THENCE
• 2of8 •
VICTORIA
LANDSCAPE MAINTENANCE
• DISTRICT
EXHIBIT "B"
WESTERLY ALONG SAID SOUTHERLY LINE TO THE WESTERLY LINE
OF THE EASTERLY 260 ACRES OF SAID SECTION 36, THENCE
i
NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID
SECTION 36; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SECTION 36
AND THE NORTHERLY LINE OF SAID SECTION 31, TO THE NORTHWEST CORNER
OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID
SECTION 31; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID EAST
•
HALF TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE
SOUTHERLY LINE OF SAID EAST HALF TO THE SOUTHEAST CORNER THEREOF;
*THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID EAST HALF TO THE •
NORTHEAST CORNER THEREOF; THENCE EASTERLY ALONG SAID NORTHERLY LINE
OF SECTION 31 TO THE NORTHEAST CORNER OF SAID SECTION; THENCE SOUTHERLY 50
FEET ALONG THE EASTERLY LINE OF SAID SECTION 31; THENCE EASTERLY
ALONG A LINE THAT IS PARALLEL AND SOUTHERLY 50 FEET FROM THE NORTHERLY
LINE OF SAID SECTION 32 TO THE WEST LINE OF THE EAST HALF OF THE
WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE
NORTHERLY 50 FEET ALONG SAID WEST LINE TO THE NORTHERLY LINE OF SAID
SECTION 32; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SECTION 32
TO THE WESTERLY LINE OF ETIWANDA COLONY LANDS AS PER MAP RECORDED IN
800K 2 OF MAPS PAGE 24, RECORDS OF SAID COUNTY; THENCE SOUTHERLY
ALONG SAID WESTERLY LINE TO THE NORTHWEST CORNER OF LOT 4 IN BLOCK
•
3of8
•
VICTORIA
LANDSCAPE MAINTENANCE
DISTRICT
• EXHIBIT "B"
I OF SAID ETIWANDA COLONY LANDS; THENCE EASTERLY ALONG SAID NORTHERLY
LINE TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED RE-
CORDED IN BOOK 5397, PAGE 475 OF OFFICIAL RECORDS; THENCE SOUTHERLY
ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE,
SOUTHWEST CCRNER THEREOF; THENCE EASTERLY ALONG THE SOUTHERLY LINE
OF THE LAND DESCRIBED IN SAID DEED TO THE SOUTHEAST CORNER THEREOF;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN
SAID DEED TO THE NORTHERLY LINE ,OF SAID BLOCK T; THENCE EASTERLY
ALONG SAID NORTHERLY LINE TO THE NORTHEAST CORNER OF SAID BLOCK I;
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK TO THE NORTH-
0
EAST
CORNER OF THE
SOUTH
150.00 FEET OF THE EAST 200,00 FEET OF LOT
•
0 I
SAID
BLOCK I;
THENCE
WESTERLY
ALONG THE NORTHERLY LINE OF SAID
SOUTH
150.00
FEET
TO THE
WEST LINE
OF THE EAST 200.00 FEET OF SAID
BLOCK I; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHERLY
LINE OF THE NORTHERLY 100.00 FEET OF LOT 9 IN SAID BLOCK 1; THENCE
EASTERLY ALONG SAID SOUTHERLY LINE TO SAID EASTERLY LINE OF BLOCK I;
THENCE SOUTHERLY ALONG LAST MENTIONED EASTERLY LINE TO THE NORTHEAST
CORNER OF THE SOUTHERLY 360.00 FEET OF LOT 9 IN SAID BLOCK I; THENCE
WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 360.00 FEET TO
THE WESTERLY LINE OF THE EASTERLY 300.00 FEET OF SAID BLOCK I; THENCE
SOUTHERLY ALONG SAID LAST MENTIONED WESTERLY LINE TO THE NORTHERLY
LINE OF THE SOUTHERLY 200.00 FEET OF SAID LOT 9; THENCE EASTERLY ALONG
LAST MENTIONED NORTHERLY LINE TO THE EASTERLY LINE OF SAID BLOCK I;
•
0
4of8
I1
LJ
VICTORIA
LANDSCAPE MAINTENANCE
DISTRICT •
EXHIBIT "B"
THENCE SOUTHERLY ALONG LAST MENTIONED EASTERLY LINE TO THE SOUTHEAST
CORNER OF SAID LOT 9; THENCE WESTERLY ALONG THE SOUTHERLY LINES OF
LOTS 9 AND 10 IN SAID BLOCK I TO THE SOUTHWEST CORNER OF SAID LOT 10;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LOT 15 IN SAID BLOCK I, ITS
SOUTHERLY PROLONGATION, THE WESTERLY LINE OF LOT 2 IN BLOCK J AND THE
WESTERLY LINE OF LOT 7 IN BLOCK J OF SAID ETIWANDA COLONY LANDS TO THE NORTH-
EAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
32; THENCE WESTERLY ALONG THE NORTHERLY LINE OF THE SOUTHWEST QUARTER
OF SAID SOUTHEAST QUARTER TO THE WESTERLY LINE OF THE EASTERLY 40
FEET OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG LAST MENTIONED
OESTERLY LINE TO THE NORTHERLY LINE OF THE PACIFIC ELECTRIC RAILROAD •
RIGHT -OF -WAY; THENCE EASTERLY ALONG LAST MENTIONED NORTHERLY LINE TO
THE WESTERLY LINE OF THE EASTERLY 200 FEET OF LOT 8 IN SAID BLOCK J;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND ITS SOUTHERLY PROLONGA-
TfON TO THE SOUTHERLY LINE OF THE NORTHERLY 50 FEET OF LOT 9 IN SAID
BLOCK J; THENCE 'WESTERLY ALONG LAST MENTIONED NORTHERLY LINE TO THE
WESTERLY LINE OF THE EASTERLY 220 FEET OF SAID LOT 9; THENCE SOUTHERLY
ALONG LAST MENTIONED WESTERLY LINE TO THE SOUTHERLY LINE OF THE NORTH-
ERLY 250 FEET OF SAID LOT 9; THENCE EASTERLY ALONG LAST MENTIONED
SOUTHERLY LINE TO THE EASTERLY LINE OF SAID LOT 9; THENCE SOUTHERLY
ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID LOT; THENCE
WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT TO THE NORTHEAST CORNER
OF LOT 15 IN SAID BLCCK J; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 15 TO •
91E NCRTHERLY LINE OF THE SOUTHERLY 87.83 FEET OF SAID
5 o 8
VICTORIA
LANDSCAPE MAINTENANCE •
DISTRICT
EXHIBIT "B"
LOT; THENCE WESTERLY ALONG LAST MENTIONED NORTHERLY LINE TO THE
WESTERLY LINE OF THE EASTERLY 72 FEET OF SAID LOT; THENCE SOUTHERLY
ALONG SAID WESTERLY LINE AND ITS SOUTHERLY PROLONGATION TO THE NORTH-
ERLY LINE OF LOT 2 IN BLOCK S OF SAID ETIWANDA COLONY LANDS; THENCE
EASTERLY ALONG LAST MENTIONED NORTHERLY LINE TO THE NORTHEAST CORNER
OF SAID LOT 2; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT
TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE SOUTHERLY
LINE OF SAID LOT TO THE NORTHEAST CORNER OF LOT 6 IN SAID BLOCK S;
THENCE SOUTHERLY ALONG THE EASTERLY LINES OF LOTS 6, 11 AND 14 IN
SAID BLOCK S TO THE NORTHERLY LINE ETIWANDA CACTUS ACRES RECORDED IN
OBOOK 19 OF MAPS, PAGES 63 RECORDS OF SAID COUNTY; THENCE EASTERLY
ALONG SAID NORTHERLY LINE TO NORTHEAST CORNER OF SAID TRACT; THENCE SOUTH-
ERLY ALONG THE EASTERLY LINE OF SAID TRACT TO THE NORTHWESTERLY LINE
OF STATE HIGHWAY 31; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY
LINE TO THE SOUTHERLY LINE OF BLOCK 6 OF SAID ETIWANDA CACTUS ACRES;
THENCE WESTERLY ALONG LAST MENTIONED SOUTHERLY LINE TO THE EASTERLY
LINE OF LOT F OF SAID ETIWANDA CACTUS ACRES; THENCE SOUTHERLY ALONG
SAID EASTERLY LINE TO THE NORTHWESTERLY LINE OF THE RIGHT-OF -WAY OF
HIGHWAY 31; THENCE SOUTHWESTERLY ALONG SAID RIGHT -OF -WAY TO THE
SOUTHERLY LINE OF THE NORTHERLY 50 FEET OF SAID SECTION 8; THENCE
WESTERLY ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF THE
LAND DESCRIBED IN
THE
DEED
TO
THE
SOUTHERN
CALIFORNIA EDISON COMPANY
or ECORDED IN BOOK
8279,
PAGE
62
OF
OFFICIAL
RECORDS; THENCE SOUTHERLY
•
6of8
VICTORIA
LANDSCAPE MAINTENANCE
DISTRICT
• EXHIBIT "B" •
ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE
NORTHERWESTERLY LINE OF THE RIGHT -OF -WAY OF HIGHWAY 31; THENCE
SOUTHWESTERLY ALONG SAID NORTHWESTERLY RIGHT -OF -WAY LINE TO THE
SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE
WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THE NORTH 200 FEET OF THE WEST 230 FEET OF THE EAST 380 FEET
OF LOT 4 IN BLOCK S OF SAID ETTWANO.A COLONY LANDS.
ALSO EXCEPT THE NORTH 200 FEET OF THE WEST 218 FEET OF THE EAST 368
FEET OF LOT 3 IN BLOCK S OF SAID ETIW.ANDA COLONY LANDS.
•ALSO EXCEPT THAT PORTION OF LOT 14 IN BLOCK J OF SAID ET114ANDA COLONY •
LANDS, LYING EASTERLY OF THE EASTERLY LINE OF THE WESTERLY 330 FEET
OF SAID LOT.
ALSO EXCEPT LOTS 21,22,23,24,29,30,31,32 AND THE EAST HALF OF LOT 28 OF
ORANGE EMPIRE ACRES AS PER MAP RECORDED IN BOOK 20 OF MAPS PAGE 1 RECORDS
OF SAID COUNTY.
ALSO EXCEPT LOTS 10,11,12,13,14 AND THAT PORTION OF LOT 9 OF ORANGE
EMPIRE ACRES AS PER MAP RECORDED IN BOOK 20 OF MAPS, PAGE 1, RECORDS
OF SAID COUNTY LYING 'WESTERLY OF THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SA10 SECTION 32.
ALSO EXCEPT THAT PORTION OF LOT 19 OF ORANGE EMPIRE ACRES AS PER MAP
RECORDED IN BOOK 20 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY LYING
• •
7of8
VICTORIA
LANDSCAPE MAINTEP'ANCE
DISTRICT
• EXHIBIT "B"
EASTERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 19 WITH
A LINE THAT IS PARALLEL WITH AND 270.00 FEET EASTERLY FROM THE WEST
LINE OF LOT 18 OF SAID TRACT; THENCE SOUTHERLY TO THE INTERSECTION OF
THE SOUTH LINE OF SAID LOT 19 WITH A LINE THAT IS PARALLEL WITH AND
300.00 FEET EASTERLY FROM THE WESTERLY LINE OF SAID LOT 18.
ALSO EXCEPT THAT PORTION OF LOT 13 IN BLOCK J AND THE UNNAMED ROAD
LJ
66.00 FEET WIDE ADJOINING SAID LOT ON THE SOUTH OF SAID ETIWANDA
COLONY LANDS LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE; •
aEGINNtNG AT THE INTERSECTION OF SOUTHERLY LINE OF BASELINE AVENUE
66 FEET WIDE AS DESCRIBED IN THE DEED RECORDED IN BOOK 1174 PAGE 148
OF OFFICIAL RECORDS WITH THE WESTERLY LINE OF LOT 13 IN BLOCK J OF
SAID ETIWANDA COLONY LANDS; THENCE EASTERLY ALONG SAID SOUTHERLY
LINE TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THE EAST-
ERLY 150 FEET OF LOT 4 IN BLOCK S OF SAID ETIWANDA COLONY LANDS; THENCE
SOUTHERLY ALONG SAID PROLONGATION TO THE SOUTHERLY LINE OF SAID UN-
NAMED ROAD,
ALSO EXCEPT THE NORTHERLY 652.25 FEET OF THE EASTERLY 800.01 FEET OF
THE NORTHWEST QUARTER OF SAID SECTION 5
ALSO EXCEPT PARCEL 1, OF PARCEL MAP NO.I, RECORDED IN BOOK 1, PAGE 1, OF
PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
ALSO EXCEPT THE LAND DESCRIBED IN THE DEED TO ELLENA BROTHERS RECORDED •
•ANUARY 8, 1945 IN BOOK 1728, PAGE 306, OFFICIAL RECORDS.
8of8
t
0 RESOLUTION NO. 7 c/ , i °/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA GIVING ITS PRELIMINARY APPROVAL
TO THE ENGINEER'S REPORT FOR THE LANDSCAPE MAIN-
TENANCE DISTRICT NO. 2
WHEREAS, Part 2 of Division 15 (commencing with Section 22500)
of the California Streets and Highways Code authorizes this City Council
to initiate proceedings for the formation of an assessment district to
improve and maintain landscaping located therein; and
WIIEREAS, pursuant to Resolution No. Cgs, this City Council
initiated proceedings for the formation of an assessment district to be
known as "Landscape Maintenance District No. 2" to improve and maintain
landscaping to be located in the boundaries of said Lanscape Maintenance
District and ordered the preparation and filing of a report in accordance
with Article 4 (commencing with Section 22565) of Chapter 1 of the
California Streets and Highways Code; and
WHEREAS, there has been presented to this City Council that
certain "City of Rancho Cucamonga Engineer's Report for Landscape Main-
tenance District Victoria Community "; and
• WHEREAS, this City Council has duly considered said Engineer's
Report in each and every part thereof, and finds that each and every
part of said Engineer's Report is adequate and sufficient and that said
Report does not require modification in any respect.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
does hereby resolve as follows:
SECTION 1: This City Council hereby gives its preliminary
approval to the Engineer's Report referred to in the recitals hereinabove.
SECTION 2: Said Engineer's Report which is referred to in the
recitals hereinabove shall stand as the City Engineer's Report for the
purposes of all subsequent proceedings in coonection with the formation
"Landscape Maintenance District No, 2 ",
PASSED, APPROVED, and ADOPTED this 9th day of August, 1982.
AYES:
NOES:
ABSENT:
is
�r `�
CITY OF RANCHO CUCAMONGA
ENGINEER'S REPORT
FOR •
LANDSCAPE MAINTENANCE DISTRICT NO. 2
VICTORIA COMMUNITY
SECTION 1. AUTHORITY FOR REPORT
This report is prepared in compliance with the requirement of Article 4, Chapter 1,
Division 5 of the Street and Highways Code, State of California (Landscaping and
Lighting Act of 1972).
SECTION 2, GENERAL DESCRIPTION
This report deals with the establishment of a Landscape Maintenance District for
the Victoria Planned Community. The District will include the majority of the
area as included within the pianned community, as approved by Ordinance No. 143.
Areas to be included in the work program are the Victoria linear park, the trees
within the dedicated tree maintenance easement, the trees and ground cover within
the tree and ground cover maintenance easements dedicated to the City, the public
parks, and other areas required by the P.C. plan or by the City Council, or as •
dedicated by the various subdivisions. These areas listed above will become part
of the active work program, at such time as the specific areas are dedicated to
the City. Annual Engineer's reports will be prepared and approved by the City
Council defining the specific work programs for each year and the estimated cost
for those years. As the development proceeds within the Victoria Planned Community,
the area to be maintained by the District will increase and so will the cost;
however, the number of units will also increase. It is hoped that the number of
units would increase at approximately the same rate as the maintenance area would
increase; thereby, keeping constant or decreasing the cost per unit, excluding
cost of living increases. The normal process will be the dedication of the areas
to the City, then the areas landscaped by the developer, then after a period of
maintenance by the developer, the acceptance of maintenance by the Maintenance
District. There will be a lag time from the original dedication until the District
actually begins the cost of maintaining property.
SECTION 3. PLANS AND SPECIFICATIONS (SCOPE OF WORK)
The plans and specifications and installation for all landscaping will be completed •
by the developers at their cost for the individual areas to be maintained within
I�hf
each subdivision and be approved by the Community Development Department.
Maintenance Activities
Detail maintenance activities on the areas to be maintained by the District include:
The repair, removal or replacement of all or any part of any improve-
ment, providing for the life, growth, health and beauty of the land-
scaping, including cultivation, irrigation, trimming, spraying, fertiliz-
ing or treating for disease or injury; the removal of trimmings, rubbish,
debris and other solid waste, the maintenance, repair and replacement
as necessary of all irrigation systems, and the removal of graffiti from
walls immediately adjacent to the cultivated areas.
SECTION 4. ESTIKATED COSTS
No costs will be incurred by the District for original improvement construction.
Based on data from other cities, and from the City of Rancho Cucamonga for land-
scaping maintenance District No. 1 and from a review of the Victoria Community
Plan, it is estimated that the maintenance cost for assessment purposes, based
upon current dollars, estimated area to be maintained and estimated number of
completed dwelling units will be as follows:
•
A. Com,plote District
The estimated cost (at current dollars) for the District upon completion of all
areas within the planned community is shown below:
Victoria Park Lane 1,176,000 sq. ft. X $0.30 /sq. ft. = $352,800
Trails and Parkways 1,224,000 sq. ft. X $0.30 /sq. ft. = $403,920
Arterials 1,393,900 sq. ft. X $.33 /sq. ft. = $460,000
Parks 40 acres X $5,000 per acre = $200,000
Trees 6,250 X $5 /Tree = $ 31,250
TOTAL ANNUAL MAINTENANCE COST $1,447,970
B. Std One Construction
The estimated cost (at current dollars) for Landscape Maintenance District for
all of Tracts 11934, 12044, 12045, and 12046 comprising 737 units is shown below:
Victoria Park Lane 450,000 sq. ft. X SO.33 /sq. ft. = $135,000
Trails and Parkway 251,800 sq. ft. X $0.33 /sq. ft. = S 83,094
• Parks 2 acres X $5,000 per acre - $ 10,000
Trees 1,686 X $5 /1'ree = $ 8,430
TOTAL ANNUAL IAINTENANCE COST = $236,524
I r
C. Land Use Summary
Ultimate
Total Acres of uses other than residential = 294
Total Acres of Residential = 935
1,229
Other (Arterial Roads, Open Space, SCE,
Schools, Parks, Flood Control, etc.) = 580
Total Acres =1,809
Stage One Construction
Total Acres of uses other than residential = -0-
Total Acres of Residential = 159
Total Vacant Acres =1,280
1,439
Other (Arterial Road, SCE, Schools, Parks
Flood Control) = 370
•
Total Acres =1,809 •
Al of the costs and areas are based on current estimates and may or may not be
valid for future years. The total cost and unit cost vary as the additional areas
for maintenance are added to the district. The size of the areas being added to
the district for maintenance have a great influence on the unit cost. The costs
shown are estimates only, and the actual assessment will be based on actual cost
data.
SECTION S. ASSESSMENT DIAGRAM
A copy of the proposed boundary map and legal description of the Assessment District
are attached to this report and labeled "Exhibit A" and "Exhibit B ". Copies of
recorded reaps of Tract 11934, 12044, 12045, and 12046, showing areas to be maintained
by the District, are hereby incorporated into the text of this report. Precise lot
dimensions are included in the referenced tract maps and Assessor's records.
SECTION 6. ASSESSMENTS
Maintenance costs for the entire district are found to be of specific benefit to •
I � J.
0
•
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all property within the District in accordance with the following relationship:
Land Use
Assessment Units
Residential Dwelling
Assessment[
Units
Unit
1 Unit
Vacant Land
I Unit /Acre
Commercial
2 Units /Acre
Estimated Assessments
Estimated Planned Community Complete:
Total Annual Cost (Section 4) = $1,416,720
Assessment Units Summary
Land Use
Units
Assessment
Units /Unit
Assessment[
Units
Dwelling Units
8,255 D.U.
1
8,255
Vacant Land
0
1 unit /Ac.
0
Commercial
294 Ac.
1
2 units /Ac.
588
TOTAL ASSESSMENT UNITS 8,843
Assessment Rate = $1,447.970 = $163.74
8,843
Effective Assessments
Dwelling Units = $163.74 per year = $13.65 per month
Other Developed Land Uses = $327.48 per acre per year = $27.29 per acre per mo.
Stage One (737 units complete Section 4) = $236,524
Assessment Units Summary
Land Use
Units
Assessment
Units /Unit
Assessment
Units
Dwelling Units
737
1
737
Vacant Land
1280 Ac.
} Acre
320
Commercial
0
0
TOTAL ASSESSMENT UNITS 1057
Assessment Rate = $236,524 = $223.77 .
1057
Dwelling Unit Assessment = $223.77 per year = $18.65 per month
Vacant Land Assessment = $55.94 per acre per year
= $4.66 per acre per month
Estimated assessments are for comparison only. Actual assessment will be set by
public hearing each year in June and will be based on actual maintenance expenses and
developed land use summaries.
•
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I r �.
. RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA DECLARING ITS INTENTION TO FORM
LANDSCAPE MAINTENANCE DISTRICT NO. 2 PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, on July 21, 1982, this City Council adopted Resolution
No. �'',: proposing the formation of an assessment district to be
known as "Landscape Maintenance District No. 2" for the purpose of
installing and maintaining certain landscape improvements to be located
within said assessment district; and
WHEREAS, on July 21, 1982, this City Council preliminarily
approved an Engineer's Report with respect to said 'Landscape Maintenance
District No. 2" and caused said Engineer's Report to be filed in the
City Clerk of the City of Rancho Cucamonaa; and
WHEREAS, this City Council desires to form Landscape Maintenance
District No. 2 for the installation and maintenance of certain landscape
improvements to be located therein.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga
does hereby resolve as follows:
•
SECTION 1: This City Council hereby declares its intention to
order the formation of an assessment district to be known as "Landscape
Maintenance District No. 2" for the purpose of maintaining certain land-
scape improvements therein and to levy and collect assessments pursuant
to the Landscaping and Lighting Act of 1972.
•
SECTION 2: The landscape improvements to be maintained within
the boundaries of Landscape Maintenance District No. 2 are more particularly
described on Exhibit "A" attached hereto and incorporated herein by
reference.
SECTION 3: The general location of Landscape Maintenance District
No. 2 is more particularly described on the diagram attached as Exhibit
"B" and incorporated herein by reference.
SECTION 4: Reference is hereby made to the Engineer's Report
on file with the City Clerk of the City of Rancho Cucamonga for a full
detailed description of the boundaries of Landscape Maintenance District
No. 2 and the proposed assessments upon assessable lots and parcels of
land within said assessment district.
SECTION 5: This City Council hereby sets the date, time and
place of a public hearing on the formation of Landscape Maintenance
District No. 2 to be as follows:
1��
Resolution No.
Page 2
DATE: September 1, 1982
TIME: 7:30 p.m.
PLACE: City Council Chambers at 9161 Base Line Road,
City of Rancho Cucamonga
SECTION 6: The City Clerk of the City of Rancho Cucamonga i�
hereby authorized and directed to cause a certified copy of this Resolution
to be published at least once, ten (10) days before the date set for said
public hearing in The Daily Report, a newspaper of general circulation
published in the City of Ontario and circulated in the City of Rancho
Cucamonga. The City Clerk is also authorized and directed to cause
a certified copy of this Resolution to be sent by first -class mail to
those persons whose names and addresses appear on the last equalized
county assessment roll or the State Board of Equalization Assessment
roll with respect to the real property to be included in Landscape
Maintenance District No, 2.
PASSED, APPROVED, and ADOPTED this 9th day of August, 1982.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
Jon D. Mikels, Mayor
•
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1. CALL TO ORDER
An adjourned meeting of the City Council of the City of Rancho Cucamonga was
held in the Lion's Park Community Center, 9161 Base Line Road on Monday, August
9, 1982. The meeting was called to order by Mayor Jon D. Mikels at 7:00 p.m.
Present were: Councilmen Richard M. Dahl, Charles J. Buquet I1, Phillip D.
Schlosser, James C. Frost, and Mayor Jon D. Mikels.
Also present were: Assistant City Manager, Jim Robinson; City Attorney, Robert
Dougherty; Community Development Director, Jack Lam; and City Engineer, Lloyd hubbs.
Absent: City Manager, Lauren Wasserman (who was on vacation).
2. PUBLIC HEARINGS.
2A. RESOLUTION OF NECESSITY FOR CONDEMNATION OF PORTIONS OF DAY CREEK BOULEVARD.
Staff report by Lloyd Hubbs.
Recommendation was to proceed with the adoption of the Resolution of Necessity
Although negotions were proceeding well with the Herrors, it was felt we should
proceed in case the negotions broke down.
Mr. Dougherty stated it would be appropriate to pass a Resolution of Necessity
such as this even if the property is eventually acquired by negotiations because
it would ensure a favorable tax treatment to the landowner.
Mayor Mikels asked if the land trade which was mentioned at the last meeting was
still a viable consideration. Mr. Hubba stated he thought it was. They wanted
the appraisal to cover the costs of both parcels so they could compare the value
in order to consider the trade. Along with this, we will establish the cash value
for acquisition.
The agreement was on page 87, inadvertently attached with the wrong staff report.
With this agreement, the city is agreeing to as summarized:
1. Acquire the property by all necessary legal means
2. Developer will utilize the easement for drainage and overflow channel
to satisfy flood protection.
3. All costs for acquiring street and drainage easement shall be borne
by the developer. (See agreement for what the costs include)
4. Upon execution of the agreement, the developer shall pay a sum of $3,000
to the city.
5. Prior to the filing of a complaint in eminent domain for the purpose of
acquiring the easement, developer shall deposit with city the probable
amount of compensation with an additional sum equal to 15%.
6. In event additional monies are necessary, developer will deposit with
the city within 15 days after demand is made.
7. City shall allow developer a credit in an amount equal to 50% of all
sums deposited by developer against the Systems Development fees.
Robert Dougherty stated that as far as condemnation is concerned the city would not
share in the appraisal, legal fees, or the other acquisition fees. Those would
be exclusively upon the land company. The city would share in the cost of the land,
by reason of the 50% credit which is a negotiated figure.
Ac _ .
*Tom Clark, attorney for William Lyon. He stated that the city was not
responsible for any of the costs for the condemnation. The understanding
they had with staff was that the city would use its power of eminent domain
to acquire this right -of -way for the regional facility. The Lyon Company
would pay for all costs associated with the acquisition and all fees related
to that. The original agreement with staff was that there would be a credit
for all the tees paid against the Systems fee. Evfdentally staff got to-
gether and recommended 505. The credit is for the just compensation ;,rtion of
it.
Originally it was to be 1005 credit since it was a regional facility. In
talking with the Aty attorney by phone and with the public works director,
it became clear that there is benefit to this property as a result of the
acquisition of this facility. Therefore, 1005 would be unreasonable. He
felt 50% was unreasonably low in the light of the fact it was a regional
facility. They would request something in the neighborhood of 75 to 80%.
Development outside of the Victoria Project will benefit substantially from
this facility also.
Mr. Dougherty stated that even though Hr. Clark felt that 505 was unreasonably
low, we have originals of the proposed agreement which had been signed by authorized
respresentatives of the William Lyon Company on behalf of R. C. Land Company which
is the subdivider. These documents bear the 505 figure.
Mr. Clark stated that Council seemed concern whether disagreement would
encourage going to condemnation as opposed to settlement. He stated the
results would be the same. William Lyon Company would prefer settlement,
they would still pay all the costs and still only get 505 credit; but the
costs of settling would be a lot less expensive.
Discussion followed with council and Mr. Clark regarding the above.
Mr. Dougherty pointed out that if the agreement 1s accepted by the city, then
the city is in control of the negotiations for the acquisition of that right -
of-way. The William Lyon Company's only obligation and duty in that regard
is to come up with the wear- with-all to make the acquisition and to approve
any settlement which is in excess of 1155 of appraised value. If a land swap
is later brought back as a viable solution, his opinion is that the agreement
as written does not contemplate that. In drafting the agreement, it was his
understanding that all negotiations in regard to a land swap had fallen through
and were at a point now where the Herror's were interested in a cash purchase
if anything at all. If it turns out that a land swap will fly, then it will be
best for the city and developer. However, the developer should not expect to
receive 1/2 of the present appraised value.
Mr. Dougherty stated he could not see us proceeding with a Resolution of
Necessity without having an agreement with the developer covering the acquisition
through the power of eminent domain. A land swap could not be forced on the
Horrors. But if this did come about, then it would require further negotiations
by all parties including the developer, the city, and the Herrors.
Joe DiIorio stated that this land swap would be an approximate $200,000 in value to
the Herrors. The history of this was that R. C. Land tried to buy the Better pro-
perty. They said they did not want to sell. The next best thing would be to trade
some property. To do this, they would then front onto a major street instead of
the normal 60 foot wide neighborhood type street. Because of the position on the
general plan, the property would benefit from increased value because of the higher
tensity use. Further more that property would be benefitting for fronting on a
major street. There would be no cost to the Herrors.
Councilman Dahl asked if Victoria owned the Herter's property what would that do
in terms of the systems development fee along that area. What is Victor's portion
on that.
Mr. Hubbs stated that the whole issue which has been pushed off to a future date,
is the whole issue of reimbursement of certain extraordinary expenses involved in
development of Victoria. He said there are lands which are being given to the
city by the Lyon Company in terms of grant easements to do the same purposes as
this one, but no credit arrangemens have been solidified at this point. But it
is the position of the Lyon Company to leave the subject open for future d's-
cussions.
Mr. Dahl stated that had this been Victoria then this would have been thought out
perhaps for a 50% credit to the Systems fee. Mr. Hubbs stated that this is some-
thing which has been discussed and is a future issue. Mr. Dahl wanted to know if
we were setting a precedence by doing this at this time.
Mr. Dahl wanted to make it clear that he did not want to be cornered into a 50%
credit figure because that is what we did in this case. Mr. DiIorio stated that
their sentiments echoed his.
Mayor Mikels wanted to explore incentives to bring about the land swap. Mr.
Dahl stated he thought there some some type of deadline involved with this.
Gary Mechlin, William Lyon, stated they needed to have the maps approved in
order to submit them to HUD. The reason he wanted this moved up is because he
anticipated exactly what was transpiring now.
Mr. Clark stated that whatever happened in regard with the Herrors need not
hold up the approval of the map. William Lyon Company and R. C. Land Company
are more than willing to do anything to work with Herrors.
Mr. Dahl asked the city attorney that if the council made a motion in favor
of the Resolution of Necessity and the agreements with the stipulation that the
Resolution of Necessity would not be signed by the Mayor until the negotiations
have broken down between the Herrors and the William Lyon Company with the city
acting as the mediator, then at that time the Mayor would be authorized to sign
the documents. Would this be illegal?
Mr. Dougherty stated that there is no provision in the law for a conditional Re-
solution of Necessity because when this is adopted, the landowner acquires certain
rights too. Rights in connection with federal taxation and other things. Also
the landowner could possibly acquire some inverse condemnation rights under some
circumstances. He would not recommend taking such action as outlined by Mr. Dahl.
There being no further discussion, Mayor Mikels closed the public hearing.
Motion: Moved by Dahl, seconded by Schlosser to approve the Agreement on pages
87 -92 of the Agenda. Motion carried unanimously 5 -0.
Motion: Moved Buquet, seconded by Schlosser to approve Resolution No. 82 -148 and
to waive the entire reading. Motion carried unanimously 5 -0. Title read by
Mr. Robinson.
ENANCE OF PUBLIC STREETS AND DRAINAGE FACILITIES.
2B. VACATION OF UNNECESSARY STREETS AND ALLEYS WITHIN THE VICTORIA PROJECT.
Staff report by Lloyd Hubbs
Mr. Robinson read the title of Resolution No. 82 -131.
RESOLUTION NO. 82 -131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ORDERING TO BE VACATED, A PORTION
OF UNNECESSARY STREETS AND ALLEYWAYS WITHIN THE
VICTORIA PROJECT.
Motion: Moved by Schlosser, seconded by Buquet to waive further reading of
Resolution No. 82 -131. Motion carried unanimously 5 -0.
Mr. Frost asked whether we should approve this before the final maps were
approved with the pending situation.
Mr. Dougherty stated that it was appropriate at this time to approve the
vacation of streets.
Mayor Hikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
Motion: Moved by Buquet, seconded by Dahl to approve Resolution No. 82 -131.
Motion carried unanimously 5 -0.
Mayor Mikels called a recess at 8:05 p.m. The meeting reconvened at 8:15 p.m.
with all members of Council and staff present.
3. CITY MANAGER'S STAFF REPORTS.
3A. ACCEPTANCE OF BONDS, AGREEMENTS, FINAL MAP AND EASEMENTS FOR TRACTS 11934,
12044, 12045, AND 12046. THE WILLIAM LYON COMPANY (VICTORIA PLANNED COMMUNITY).
Deputy City Clerk Authelet read the title of Resolution No. 82 -134.
RESOLUTION NO. 82 -134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE-
MENT AGREEMENT AND MAINTENANCE AGREEMENT, IMPROVE-
MENT AND MAINTENANCE SECURITY, AND FINAL MAP OF
TRACT NO'S 11934, 12044, 13045, AND 12046.
Motion: Moved by Schlosser, seconded by Frost to waive further reading of
Resolution No. 82 -134. Motion carried 5 -0.
Mayor Mikels opened the meeting for public hearing. There being no response, the
public hearing was closed.
Motion: Moved by Schlosser, seconded by Frost to approve Resolution No. 82 -134.
Motion carried unanimously 5 -0.
a
Mr. Dougherty stated that council could deal with all three agreements as a group
since they could be put on a consent calendar for approval.
Mayor Mikels opened the meeting for public comments. There being none, the public
portion of the meeting was closed.
Motion: Moved by Schlosser, seconded by Frost to approve the agreements with the
Edison Company, Sante Fe Railroad Company, and the William Lyon Company for con-
struction of a railroad overcrossing. Motion carried unanimously 5 -0.
3C. FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 3. Staff report by
Lloyd Hobbs.
Mr. Robinson read the title of Resolution No. 82 -135,
RESOLUTION NO. 82 -135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, INITIATING PRO-
CEEDINGS FOR THE FORMATION OF STREET LIGHTING
MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972.
Motion: Moved by Dahl, seconded by Schlosser to waive the entire reading.
Motion carried unanimously 5 -0.
Mr. Robinson read the title of Resolution No. 82 -136.
RESOLUTION NO. 82 -136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRE-
LIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR
THE STREET LIGHTING MAINTENANCE DISTRICT NO. 3.
Motion: Moved by Schlosser, seconded by Buquet to waive the entire reading.
Motion carried unanimously 5 -0.
Mr. Robinson read the title of Resolution No. 82 -137.
RESOLUTION NO. 82 -137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS IN-
TENTION TO FORM STREET LIGHTING MAINTENANCE
DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972.
Motion: Moved by Buquet, seconded by Schlosser to waive the entire reading.
Motion carried unanimously 5-0.
Mayor Mikels opened the meeting for public comments. There being none, he
closed the public portion of the meeting.
Mr. Schlosser asked if we were overdoing something because of the economic
problems.
Gary Mechlin, William Lyon Company, stated he had a consultant from the
Edison Company look at this to be sure they were not over building.
Motion: Moved by Schlosser, seconded by Dahl to approve Resolution 82 -135.
Motion carried unanimously 5 -0.
:ion carnea unam.mous..y r0.
3D. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED
COMMUNITY). Staff report by Lloyd Hobbs.
Mayor Mikels opened the meeting for public comment.
Gary Mechlin, William Lyon Compnay, stated they were paying for vacant land
in order to insure access for new homeowners. They are attempting to offset
some of these costs.
Mr. Robinson read the title of Resolution No. 82 -138.
RESOLUTION NO. 82 -138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, INITIATING PRO-
CEEDINGS FOR THE FORMATION OF LANDSCAPE MAIN-
TENANCE DISTRICT NO. 2 PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972.
Motion: Moved by Buquet, seconded by Dahl to waive the entire reading of
Resolution No. 82 -138. Motion carried unanimously 5 -0.
Mr. Robinson read the title of Resolution No. 82 -139.
RESOLUTION NO. 82 -139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRE-
LIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR
THE LANDSCAPE MAINTENANCE DISTRICT NO. 2.
Motion: Moved by Schlosser, seconded by Dahl to waive the entire reading of
Resolution No. 82 -139. Motion carried unanimously 5 -0.
Mr. Robinson read the title of Resolution No. 83 -140.
RESOLUTION NO. 82 -140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS IN-
TENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO.
2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972.
Mayor Mikels opened the meeting for public comment. There being none, the meeting
was closed for further public comments.
Motion: Moved by Buquet, seconded by Schlosser to approve Resolution No. 82 -138.
Motion carried unanimously 5 -0.
Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 82 -139.
Motion carried unanimously 5 -0.
Motion: Moved by Frost, seconded by Buquet to approve Resolution No. 82 -140.
Motion carried unanimously 5 -0.
District for Flood Control which will appear on the Ballot for November :. ..
Council made the following comments as policy directions to the authors:
1. Needs to be shorter.
2. Needs to be more positive.
3. Should mention that the funds go back to the cities.
4. Remove reference to Proposition 13.
4. ANNOUNCEMENT.
Councilman Frost announced that the Vineyard Little League won a League game
Friday night. Tonight they are playing La Sierra at Huntington Beach. If
they win,perhaps the city will want to make some kind of appropriate presentation.
Councilman Schlosser reminded Council he would be out of town and
would not be at the council meeting.
Mayor Mikels announced there would be an Executive Session following the meeting.
Mr. Lam stated that the Planning Commission wanted to have a workshop and to in-
clude the Council. Date to be announced.
5. ADJOURNMENT.
Motion: Moved by Dahl, seconded by Buquet to adjourn to an Executive Session not to
reconvene. Motion carried unanimously 5 -0. The meeting adjourned at 9100 p.m.
Respectfully submitted,
62
Beverly Authelet
Deputy City Clerk