HomeMy WebLinkAbout02-Development Services
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CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
Dept:
Development Services
Resolution approving an Agreement with WL
Covenant 88 Associates, LLC for the
dedication and improvement of a 4.7-acre
park (Verdemont Heights Hilltop Park)
located on the northeasterly corner of Palm
Avenue and Irvington Avenue.
From:
James Funk, Director Subject:
File No.
May 27, 2005
TR 16457
Date:
MCC Date: June 6, 2004
Synopsis of Previous Council Action:
04/18/2005
Adopted the Mitigated negative Declaration and Mitigation MonitoringiReporting
Program, and approved Tentative Tract No. 16457 and Tentative Tract Map No. 15940
based on the Findings of Fact in the Planning Commission Staff Report and subject to
the Conditions of Approval and Standard Requirements.
Adopted Resolution No. 2005-95 approving the Final Map for Tract Map No. 16457,
located at the northeast corner of Irvington Avenue and Palm Avenue, accepting the
public dedications, including acceptance of Lot "A", in fee, for park purposes, as set
forth on said map; and authorizing execution of the standard form of agreement for the
improvements in said subdivision
09/15/2003
Recommended Motion:
~~.
Adopt Resolution.
James Funk, Director
Phone: 5357
Contact Person:
Supporting data attached:
Staff Report; Resolution; Ward:
Exhibits 1-4 & Agreement (Attach. 1)
5
FUNDING REQUIREMENTS:
Amount: $ 433.200
Source: Waiver of Park Construction and Building Permit Fees
Acct. Description:
Finance:
Council Notes: {)QJ/I ltJ/o5'
Agenda Item No.. :L-
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
ST AFF REPORT
Subiect:
Resolution approving an Agreement with WL Covenant 88 Associates, LLC for the dedication
and improvement of a 4.7-acre park (Verdemont Heights Hilltop Park) located on the
northeasterly comer of Palm Avenue and Irvington Avenue.
Back2;round:
On September 15, 2003, the applicant at the time of request, CDI - San Bernardino, requested
and the Mayor and Common Council adopted General Plan Amendment No. 02-11, Tentative
Tract Map No. 16457 and Tentative Tract Map No. 15940 to allow residential developments at
the northwest and northeast comers of Palm and Irvington A venues. General Plan Amendment
No. 02-11 changed 4.33 acres ofland from RE (Residential Estate) to RL (Residential Low) at
the northeast comer of Palm and Irvington A venues.
Tentative Tract Map No. 15940 subdivided 13.73 acres into 41 single-family residential lots with
a minimum lot size of 10,800 square feet. Tentative Tract Map No. 16457 subdivided 22.89
acres into 47 single-family residential lots with a minimum lot size of 10,800 square feet and
committed to dedicating approximately 4.7 acres (see Exhibit I) of remaining land to the City of
San Bernardino to be used as a local park..
The Conditions of Approval for Tentative Tract Map No. 16457 included the requirement that
"Prior to recordation of the final map, the Developer has to execute a mutual agreement with the
City's Director of Parks and Recreation, and the City Engineer for arrangement of dedication and
improvement of lot "A" for a future park as shown on the tentative map." Lot "A" contains
approximately 4.7 acres and is bordered on the west by Palm A venue and the south by Irvington
Avenue. Lot "A" is zoned RE and is acceptable for a recreation park, serving Verdemont
Heights. The fair market value of lot "A" is estimated to exceed $480,000, based on the
Developers purchase price of the entire property and the proposed improvements to the abutting
streets. The amount of Park Construction Fees the City will be foregoing in exchange for the
4.7-acre park site is $123,200. Exhibit 3 contains the terms outlined in the conditions of approval
presented to the Mayor and Common Council on September 15, 2003. Please note that the
Developer is required, among other requirements, to dedicate the park site to the City, and as part
of the Conditions of Approval for Tentative Tract Map No. 16457, the Developer shall grade the
site, and install sidewalk on the east, south, and west sides of the park site. The City has satisfied
or is coordinating with the Developer to satisfy the conditions identified in Exhibit 3.
The Mayor and Common Council have approved the final tract map. However, the dedicated
park site is in need of improvements. If the Mayor and Common Council approve the
Agreement, the park improvements identified in the exhibit attached to the Agreement would be
2
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
constructed by the Developer for an additional credit of $310,000. It is the opinion of staff that
the value of the proposed improvements equal or exceed $310,000.
Development of the park site would benefit the developer of the residential projects if the park
was under construction, nearing completion, or completed while sale of the dwellings were
underway. The City would benefit if the Developer installed the park improvements now rather
than having the park be developed at a future, yet to be determined, date.
It is proposed that the developer/property owner (WL Covenant 88 Associates, LLC) install
improvements acceptable to the Parks, Recreation and Development Services Director in lieu of
payment of $310,000 of park construction, building plan check, building permit, and public
works inspection fees.
The City Engineer and the Parks, Recreation and Development Services Department
independently estimate that the value of the proposed improvements to the park site equal or
exceed $310,000 (see Exhibit 2).
Exhibit 4 is a listing of all building plan check, park construction (identified as Park &
Recreation), electrical plan check, plumbing plan check, mechanical plan check, building
issuance, building permit and planning plan check fees for Tracts 16457 and 15940. The grand
total amount of the fees for these tracts is $434,056.86. Only $433,200.00 of that amount is
.
proposed to be waived.
Financial Impact:
The City is foregoing $123,200 in park construction fees for a park site valued in excess of
$480,000. In addition, the City will be waiving $310,000 in park construction, building plan
check, electrical plan check, plumbing plan check, mechanical plan check, building issuance,
building permit, and planning plan check fees for improvements to the park to be made by the
Developer/property owner of Tract Nos. 15941 and 16457.
The total amount of the fees being waived shall not exceed $433,200.
Recommendation:
Adopt Resolution.
3
II
EXHIBIT 1
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: GPA 02.11
TT 16457
(SUB 02.14.
HEARING DATE: 9/15/03
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EXHIBIT 3
PARK LAND DEDICATION AGREEMENT
Summary of Proposed Terms:
1. The developer/property owner shall dedicate approximately 4.7 acres located at the
northeast comer of Palm Avenue and Irvington A venue to the City for development of a
public park. The fair market value of the land at the time of dedication to the City is
estimated to be $480,000.
2. As required in the Conditions of Approval and illustrated on the tentative tract map, the
public park site shall be graded and curb, gutter and sidewalk shall be installed on the
west, south, and east sides of the park site at developer/property owner's sole expense
prior to dedication of the park site and acceptance by the City. (Note: The
developer/property owner is required to dedicate park land or pay approximately SO.65
per square foot of building floor area, excluding garage floor area, prior to payment of
each building permit fee for each of the dwellings in Tentative Tract Map Numbers
15940 and 16457. Total park fees that would be required to be paid are estimated to be
$123,200, or an estimated average ofabout $1,400 per house.)
3. In consideration for said dedication of land for a public park by the developer/property
owner, the City shall credit (relieve from the requirement to pay) the developer/property
owner the sum not to exceed $123,200 in park fees. The credit shall only be applied to
park fees and no other fees. The maximum amount to be credited the developer/property
owner in lieu of payment of park fees shaltnot exceed SI23,200.
4. In addition, in consideration for said dedication of land, the City shall continue with the
establishment ofan undergrounding utility district under Rule 20A and utilization of Rule
20A funds for the undergrounding of existing overhead utility lines adjacent to the
proposed subdivisions in the rights-of-way of Palm Avenue and Irvington Avenue. The
developer shall be responsible for providing connections from the 88 residential lots in
the subdivisions to the main lines proposed to be underground by the City as part of Rule
20A proceedings.
5. In addition, in consideration for said dedication of land the City shall defer the
developer/property owner's required payment of the following fees:
. Sewer Capacity Fees
. Sewer Connection Fees
. Traffic Systems Fees
. Storm:.Water Drainage Fees
. Verdemont Infrastructure Fees
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A. The payment of said fees required of Tentative Tract Map No. 15940 shall be
deferred for eighteen (18) months from the date of recordation of Tract Map No.
15940, or request is made for the release of utilities for anyone of the last five
houses in each respective tract, whichever is less.
B. The payment of said fees required of Tentative Tract Map No. 16457 shall be
deferred for eighteen (18) months from the date of recordation of Tract Map No.
16457, or request is made for the release of utilities for the last five houses in
Tract Map No. 16457, whichever is less.
6. Portions of the south side of Irvington Avenue, across the street and to the south of the
proposed recreation park and residential developments, are missing or are in need of
repair of curb, gutter, sidewalk, ADA accessibility ramps, and street asphalt. The
developer considers said lack of improvements to be a detriment to the aesthetics and the
use of the proposed future park and proposed "quality" residential developments. In
addition, in consideration for said dedication of land for a public park, the developer
desires and the City agrees to construction approximately $105,000 of public
improvements (such as curb, gutter, sidewalk, ADA access ramps, and street asphalt)
from the centerline of Irvington Avenue to the south side oflrvington Avenue right-of-
way prior to August 30, 2005.
7.
In addition, in consideration for said dedication of land for a public park, the City shall
accept maintenance of the area within the proposed landscape maintenance district for
Tentative Tract Numbers 15940 and 16457 within 30 days after completion of landscape
improvements and establishment of the district.
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8. In addition, in consideration for said dedication of land for a public park, the City shall
expedite the plan check and permit processing for engineered public improvement plans
and architectural drawings.
9. In addition, in consideration for said dedication of land for a public park, the City shall
use best effort to utilize a minimum of 50 percent of the Verdemont Infrastructure Fees
(paid at the current rate of $3,000 per residential lot) of approximately $132,000, or an
equivalent sum from Park Construction Funds in Fiscal Year 2004-05 to make capital
improvements (such as irrigation and landscaping) to the park site.
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Exhibit 4
PLAN CHECK AND INSPECTION FEE ESTIMATE FOR TRACTS 15940 AND 16457
Tract # PLAN 1 Plan 2 Plan 3 Plan 4
15940 TOTAL
Bldg. PIC $ 907.85 $1,109.94 $1,135.43 $1,143.99
Electrical PIC $147.00 $181.83 $188.50 $189.94
Plumbing PIC $117.00 $117.00 $129.00 $129.00
Mechanical PIC $33.00 $33.00 $33.00 $42.00
Bldg. Issuance $15.00 $15.00 $15.00 $15.00
Strong Motion $0.00 $0.00 $0.00 $0.00 (State Fee Removed)
Fire PIC $0.00 $0.00 $0.00 $0.00 (Fire Plan Check Fee Removed)
Bldg Permit $986.00 $1,213.50 $1,238.00 $1,245.00
Planning PIC $48.00 $48.00 $48.00 $48.00
Sub Total $2,253.85 $2,718.27 $2,786.93 $2,812.93 $10,571.98 (Full Plan Check)
Model PIC $1,630.39 $1,949.70 $2,047.93 $2,067.79 $7,695.81 (Model Plan Check)
Model Quantity 11 10 10 12 43
Sub Total $17,934.29 $27,182.70 $27,869.30 $33,755.16 $106,741.45
Total $21,829.53 $31,860.67 $32,714.16 $38,647.88 $125,052.24 (Full and Model)
16457
Bldg. PIC $907.85 $1,109.94 $1,135.43 $1,143.99
Electrical PIC $147.00 $181.83 $188.50 $189.94
Plumbing PIC $117.00 $117.00 $129.00 $129.00
Mechanical PIC $33.00 $33.00 $33.00 $42.00
Bldg. Issuance $15.00 $15.00 $15.00 $15.00
Strong Motion $0.00 $0.00 $0.00 $0.00
Fire PIC $0.00 $0.00 $0.00 $0.00
Bldg Permit $986.00 $1,213.50 $1,238.00 $1,245.00
Planning PIC $48.00 $48.00 $48.00 $48.00
Sub Total $2,253.85 $2,718.27 $2,786.93 $2,812.93 $10,571.98 (Full Plan Check)
Model PIC $1,630.39 $1,949.70 $2,047.93 $2,067.79 $7,695.81 (Model Plan Check)
Model Quantity 9 9 9 10 37
Sub Total $14,673.51 $17,547.30 $18,431.37 $20,677.90 $71,330.08
Total $18,566.75 $22,224.27 $23,275.23 $25,568.62 $89,634.87 (Full and Model)
Plan Check Total $214,687.11 (Total for 88 homes)
Park & Recreation $1,988.20 $2,634.95 $2,703.20 $2,729.85 $10,056.20 (Per Plan)
15940 $21,870.20 $26,349.50 $27,032.00 $32,758.20 $108,009.90
Model $994.10 $2,634.95 $2,703.20 $2,729.85 $9,062.10
16457 $17,893.80 $23,714.55 $24,328.80 $27,298.50 $93,235.65
Model $994.10 $2,634.95 $2,703.20 $2,729.85 $9,062.10
ParklRec Total $219,369.75 (Total for 88 homes)
Grand Total $434,056.86 (PIC and Pk/Rec)
The fees represented in this estimate do not include expeditious plan check fees.
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Attachment 1
VERDEMONT HEIGHTS HILLTOP PARK DEDICATION AND
IMPROVEMENT AGREEMENT ~
This Verdemont Heights Hilltop Park Improvements Agreement ("Agreement") is entered into
effective , 2005 between the City of San Bernardino, a Municipal
Corporation and Charter City ("City) and WL Covenant 88 Associates, LLC, A Delaware Limited
Liability Company ("Developer").
RECITALS
1. On September 15, 2003, the applicant at the time of request, CD! - San Bernardino, requested
and the Mayor and Common Council adopted General Plan Amendment No. 02-11, Tentative
Tract Map No. 16457 and Tentative Tract Map No. 15940 to allow residential developments at
the northwest and northeast comers of Palm and Irvington Avenues.
\
2. Tentative Tract Map No. 15940 subdivided. 13. 73 acres into 41 single-family residential lots with
a minimum lot size of 10,800 square feet. \Tentative Tract Map No. 16457 subdivided 22.89
\
acres into 47 single-family residential lots with a minimum lot size of 10,800 square feet and
committed to dedicating approximately 4.7 acres of remaining land to the City of San Bernardino
to be used as a local park. \
\
3. As a condition of approval of Tentative Tract M~p No. 15940 and Tentative Tract Map No.
16457, the Planning Commission and City Council required the Developer to dedicate said park
land identified as Lot "A" in Tentative Tra'ct Map NO\\6457.
I \
4. At the request ofthe property owner and Developer, the Mayor and Common Council approved
the final tract maps on April 18, i05. \
5 ~~~~:~e ;:7;~e:;~~~;:pr~ ~e~~~~~~do~t::~:~,~l:~t:~~ ;;;;:~:ldeveloP""
6. The City has adopted th}l San Bernardino Development COd~\("COde") establishing various
development impact ~es to offset the cost of development 01\ City infrastructure, and has
established building glan check fees, building inspection fees, and'public works inspection fees
to offset these servj~s. \
7. Development ofj{be park site would benefit the developer of the residential projects if the park
was under coyStruction, nearing c~mpletion, or c~mpleted while s~~e of the dwellings were
underway. '"91e City would benefit Ifthe developer mstalled the par~ Itpprovements now rather
than having'the park site be developed at a future, yet to be determmed, date.
/
OPERATIVE PROVISIONS
1. Term: Unless earlier terminated as provided in this Agreement, this Agreement for
granting a credit (relieved of the requirement to pay) Park Construction Fees, Building Plan
HE.ar[Verdemonl.Park,AgreemenIJohnLaing1j _ 1 -
Check Fees, Building Inspection Fees, and Public Works Inspection Fees ("Fees") will
commence on the Effective Date.
2. Design and Construction of Imorovements: Developer shall use its best reasonable
efforts to complete the improvements ("Improvements") and estimated value of
improvements identified in Exhibit A. The plans and specifications attached as Exhibit
B, design, construction and installation of the Improvements shall be subject to the
review and approval of the City Engineer in his/her sole discretion.
3. Permits: The Developer shall secure the required permits for Improvements to the park
site. The City shall not charge the Developer the cost of plan check and inspection.
4. Coordination ofImorovements: The Improvements to the park site shall be coordinated
with the City and completed on or prior to February 1,2006.
5. Credits: In the event the Improvements to the park site are completed to the satisfaction
of the City Engineer and in compliance with the terms of this Agreement, the
Developer shall be considered in compliance with requirements for credits (relieved
from the requirement to pay) or reimbursements of Park Construction Fees in the
amount of$123,200 for the park land and Park Construction Fees, Building Plan Check
Fees, Building Inspection Fees, and Public Works Inspection Fees ("Fees") in the
amount of $31 0,000 for the construction of the park. See Exhibit C.
6. Total Amount of Credits: The total amount of said credits granted to the Developer
shall be $433,200 for dedication of the park land and the installation and completion of
Improvements.
7. Term of Credit Obligation: The City's obligation, under this Agreement, to credit the
Developer for the completed Improvements shall continue for a period of twelve (12)
years from the Effective Date of this Agreement, unless the obligation is sooner
satisfied by credit in the full amount of $ 433,200 to the Developer under this
Agreement. After such twelve-year period or credit in full, whichever occurs first, the
City's obligation to credit the Developer shall terminate.
8. Shortfall of Credits: The City's maximum obligation to credit the Developer shall not
exceed $433,200. In the event Park Construction Fees and other City fees levied on the
development of the property does not exceed $433,200 during the term of this
Agreement, the City shall not reimburse or credit the difference to the Developer.
9. Fees in Excess Credits: In the event Park Construction Fees and other City fees levied
on the development of the 88 dwellings exceed $433,200 during the term of this
Agreement, the City shall not reimburse or credit the difference to the Developer. The
Developer shall be responsible and shall pay to the City any Fees levied on the
development of the property, which exceed $433,200.
10. Bids and Contracts: Developer shall be solely responsible for securing appropriate bids
and awarding the contract for construction and installation of Improvements in
compliance with all applicable federal, state and local laws. Developer shall defend,
indemnify and hold City and their elected officials, officers, agents and employees free
HE.ar[Verdemonl.Park.AgreementJohnLaing1j _ 2 -
.
and harmless from any and all claims, actions or liability whatsoever, including
attorney's fees and court costs, arising out of or in connection with Developer's
construction of the Improvements.
11. Inspection: The City shall have the right at all times to inspect the construction of the
Improvements and all other improvements to the street right-of-way and abutting
property to measure compliance with approved City plans and specifications, and
standards of the City Engineer.
12. Mitigation Monitoring Program: In its construction of the Improvements, the
Developer will adhere to the Mitigation Monitoring Program established for the Tract
Map No. 16457.
13. Indemnification:
a)
With respect to the Developer's performance as provided in this Agreement, the
Developer shall defend, indemnify and hold the City and its elected officials, officers
and employees free and harmless from any loss, cost or liability (including, without
limitation, liability arising from injury to persons, including wrongful death and
worker's compensation claims or damage to property) which result from (i) any
obligation of the Developer which arises from the development of the park site
including, without limitation, obligations for the payment of money for material or
labor, (ii) any failure on the part of the Developer to take any action which it is
required to take as provided in the Agreement, (iii) any action taken by the Developer
which it is prohibited from taking as provided in the Agreement, (iv) any willful or
negligent act or omission of the Developer, or (v) any legal challenge to the City's
actions in approving or implementing this Agreement.
b)
Included in the scope of the foregoing indemnification will be all damages and
claims for damages which are suffered or alleged to have been suffered by reason
of the matters which are the subject to the applicable indemnification and all ofthe
associated legal fees and court costs (but not internal costs). Without limiting the
effect of the foregoing, the Developer will have the right to defend against any
claim with respect to which it is indemnifying the City, using legal counsel of its
choice. The City will cooperate with the Developer and will give the Developer its
full support in connection with any claim with respect to which the Developer is
indemnifying the City.
c)
Developer shall require all persons doing work on grading, including their
contractors and subcontractors, to obtain and maintain insurance ofthe types and in
the amounts described below in a form and with carriers satisfactory to City.
I. Commercial General Liability Insurance: Occurrence version
commercial general liability insurance or equivalent form with a
limit of not less than $1,000,000 each occurrence shall be
maintained. If such insurance contains a general aggregate limit, it
shall apply separately to this Agreement or be no less than two
times the occurrence limit. Such insurance shall:
HE.ar[Verdemonl.Park.AgreemenWohnLaing1j _ 3 -
i) Name City, its elected officials, officers, employees and agents as
additional insureds with respect to performance ofthis Agreement.
The coverage shall contain no special limitations on the scope of
its protection afforded to the above-listed insureds.
ii) Be primary with respect to any insurance or self-insurance
programs covering City, its elected officials, officers, employees
and agents.
iii) Contain standard separation of insureds provisions.
2. Business Automobile Liability Insurance: Business automobile
liability insurance or equivalent form with a limit of not less than
$500,000 each accident shall be maintained. Such insurance shall
include coverage for owned, hired, and non-owned automobiles.
3. Workers' Compensation Insurance: Workers' compensation insurance
with statutory limits and employers' liability insurance with limits of
not less than $1,000,000 each accident shall be maintained.
4. Other Insurance Requirements: Developer shall:
i) Prior to taking any actions under this Agreement, furnish City
with properly executed certificates of insurance which shall
clearly evidence all insurance required in this Section and provide
that such insurance shall not be canceled, without the prior
written consent of the City.
14. Prevailing Wages: Developer is aware of the requirements of California Labor Code
Sections 1770 et. seq., which require the payment of prevailing wage rates for
Developer's contracts with its contractor(s) to construct the Improvements in accordance
with a public works contract as defined in Sections 1720 and 1720.2 of the California
Labor Code. The Developer and City agree that the park site (identified as Lot A on
Tract Map No. 16457) is not a part of the development of the abutting street rights-of-
way and abutting private property. The Developer agrees that the Improvements in the
park site shall be deemed a "public works project" as defined in the California Labor
Code. The Developer shall pay and cause its subcontractors to pay prevailing wage for
the Improvements within the park site. Developer agrees to hold City, its elected
officials, officers, and agents harmless from any claim or liability including, without
limitation, attorneys' fees and court costs, arising from any failure or alleged failure to
comply with these provisions of the California Labor Code.
15. Contractor Licenses: All work performed on the Improvements shall be done only by
contractors licensed in the State of California and holding business licensees in the City
of San Bernardino, and qualified to perform the type of work required.
16. Acceptance of Work: Upon completion ofthe Improvements to the satisfaction of City,
the Improvements and the park site right-of-way in the ownership ofthe Developer shall
be presented to the San Bernardino Common Council for dedication and acceptance, and
HE.ar[Verdemont.Park.AgreemenWohnLaing1) _ 4 -
for authorization to file a Notice of Completion. The Common Council may accept the
Improvements if it determines that the Improvements were constructed in accordance
with the approved plans, specifications and contract documents, that they operate
satisfactorily, and that all other requirements of the Agreement have been satisfied.
Upon acceptance of the Improvements, Developer shall assign to City all of Developer's
rights and remedies, including warranties, as set forth in the approved contract
documents that City would have had ifCity itselfhad engaged Developer's contractor to
construct the Improvements.
17. Liabilitv for Work Prior to Formal Acceptance: Until the Common Council has formally
accepted the Improvements, Developer shall be solely responsible for all damage to the
work caused by or arising out of Developer's or its contractor's or subcontractor's
negligent acts or omissions, and for all damages or injuries to any person or property at
the work site caused by or arising out of Developer's or its contractor's or subcontractor's
negligent acts or omissions, except damage or injury due to the negligence of City, its
agents or employees.
18. Guarantee: Developer shall post a warranty bond for the entire site in form and content
acceptable to the City, guarantee all work and materials for the Improvements to be free
from all defects due to faulty materials or workmanship for a period of one (1) year after
the date of formal acceptance of the work by City.
19. Record Drawings: Prior to acceptance of the Improvements by the Common Council,
Developer shall provide City with three (3) copies of record drawings with certification
as to accuracy and completeness by an engineer licensed in the State ofCalifomia. The
City shall not be responsible for insuring the completeness and accuracy of the record
drawings.
20. Ownership of the Improvements: From and after acceptance of the Improvements by
formal action of the Common Council, ownership of the Improvements shall be vested
exclusively in City.
21. Default by Developer: Ifthe Developer fails to perform any of its obligations as provided
in the Agreement and fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the City, then the Developer shall be in default and the City
shall have all remedies which are available to it at law or in equity; provided, however
that if the nature of Developer's failure to comply or perform is such that it cannot
reasonable be cured within 30 days, then the Developer will not be in default if it
immediately commences and thereafter diligently continues to cure its failure.
22. Default by City: If the City fails to perform any of its obligations as provided in the
Agreement and fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the Developer, then the City shall be in default and the
Developer shall have all remedies which are available to it at law or in equity; provided,
however that ifthe nature of City's failure to perform is such that it cannot reasonable be
cured within 30 days, then the City shall not be in default ifit immediately commences
and thereafter diligently continues to cure its failure.
HE.ar[VerdemonI.Park.AgreemenWohnLaing1j _ 5 -
-
23. Negation of Agency Joint Venture or Partnership: The parties acknowledge that in
entering into this Agreement, they are acting as independent entities and not as agents of
the other in any respect. The parties hereby renounce the existence of any form of joint
venture or partnership among or between them and agree that nothing in this Agreement
will be construed as making them joint ventures or partners.
24. Notices and Other Communications: All notices or other communications which are
required or permitted to be given to the parties shall be in writing and shall be given
either by personal service or by mailing the same certified or registered mail, postage
prepaid, return receipt requested, or overnight mail delivery service, addressed as
follows:
CITY
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attn: Director of Development Services
DEVELOPER
WL Covenant 88 Associates, LLC
255 East Rincon Street, Suite 100
Corona, CA 92879-1330
If any such notice or other communication is given by personal delivery, then it shall be
deemed given as ofthe date of delivery. If any such notice or other communication is given by mail,
then it shall be deemed given as of the date of receipt or rejection. Addresses, to which notices or
other communications may be delivered, may be changed from time to time by written notice, which
is given as provided in this paragraph 24.
25. Estoppel Certificates: At the request of either party, the other party will, within 10 days, certify in
writing that, to the best of its knowledge, (a) this Agreement has not been amended or modified,
except as expressly provided in that estoppel certificate and (b) no default in the performance of
the requesting party's obligations as provided in this Agreement exists, except as is expressly
provided in that estoppel certificate.
26. Applicable Law: This Agreement will be construed and enforced as provided in California law.
27. Superseding State or Federal Law: If any state or federal law or regulation which is enacted or
adopted after the Effective Date or any other action of any governmental entity which is not
under the City's control, prevents or precludes compliance with any provision of this Agreement,
then that provision of this Agreement shall be modified or suspended only to the extent and for
the time necessary to achieve compliance with that law, regulation or other governmental action
and the remaining provisions of this Agreement shall continue in full force and effect and the
parties shall negotiate in good faith for such amendments to this Agreement as may be necessary
to achieve its intent, notwithstanding the existence of such state or federal law or regulation or
other governmental action. On the repeal of any such law, regulation or other governmental
action or on the occurrence of any other circumstance which removes the effect of the same on
this Agreement, the provisions of the Agreement shall be automatically restored to their full
HE.ar[Verdemont.Park.AgreementJohnLaing1] _ 6 _
~
original effect and any amendment to this Agreement which the parties have entered into as a
result of any such law, regulation or other governmental action, shall terminate.
28. Venue: Any legal action with respect to this Agreement shall be brought in San Bernardino
County Superior Court or in the United States District Court for the Central District of
California.
29. Attorneys' Fees: lfIegal action is taken to enforce or interpret any provision of this Agreement,
then the prevailing party in that action shall be entitled to recover from the losing party all
attorneys' fees, court costs and necessary disbursements in connection with that action. The
costs, salaries and expenses ofthe City Attorney, and members of his office, in connection with
that action shall be considered as attorney's fees for the purpose ofthis Agreement.
30. Paragraph Headings: The paragraph headings ofthis Agreement are for convenience only and are
not a part of and are not intended to govern, limit or aid in the interpretation of any provision of
this Agreement.
31. Construction: In all cases, the language in this Agreement will be construed simply, according to
its fair meaning and not strictly for or against either party, it being agreed that the parties or their
agents have participated in the preparation of this Agreement.
32. Survival: Each and ever covenant in this Agreement shall survive the execution and delivery of
this Agreement for the benefit of the parties.
33. Calendar Periods: All references in this Agreement to "years", quarters", "months", and "days"
will be deemed to be references to calendar years, quarters, months, and days.
34. Severability: Every provision of this Agreement is and shall be construed to be a separate and
independent covenant. Without limiting the effect of paragraph 26, if any provision of this
Agreement or the application of the same is, to any extent, found to be invalid or unenforceable,
then the remainder ofthis Agreement or the application ofthat provision to circumstances other
than those to which it is invalid or unenforceable, will not be affected by the same and that
provision of this Agreement shall be valid and shall be enforced to the extent permitted by the
law and the parties will negotiate in good faith for such amendments to this Agreement as may
be necessary to achieve its intent, notwithstanding such invalidity or unenforceability.
35. Covenant of Good Faith: In exercising their rights and in performing their obligations as
provided in this Agreement, the parties shall cooperate with one another in good faith, so the
intent of this Agreement can be attained.
36. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed
to be an original for all purposes and all such counterparts will constitute one and the same
agreement.
37. Incorporation of Recitals: The "Recitals" in this Agreement are material and are incorporated by
reference as though fully set forth hereof. Each recital of fact concerning the parties will be
conclusive between them and such facts will be incontestable in the event of any dispute between
them with respect to such facts. Neither party will introduce any evidence in a court or
administrative proceeding which would in any way serve to dispute any such recited fact.
HE,ar[Verdemonl.Park,AgreemenWohnLaing1j _ 7 _
38. Exhibits: The Exhibits to this Agreement are incorporated by reference as though fully set forth
herein.
39. Amendment:
(a) No amendment or waiver of any term ofthis Agreement shall be binding on the City
unless and until it has been approved by the City and has become effective, or on the
Developer unless and until it has been executed by the Developer.
(b) The parties acknowledge that the passage of time may demonstrate that changes are
necessary or appropriate with respect to the details of each party's performance as provided in
this Agreement. Because the parties wish to retain flexibility with respect to the details of
their performance, if and when the parties determine that changes are necessary or
appropriate, they will unless otherwise required by law, effectuate those changes or
adjustments through operating memoranda. After execution, each such operating
memorandum will be attached to this Agreement as an addendum and will become part of
this Agreement. No such operating memorandum will be deemed to be an amendment of
this Agreement.
40. Assignment: This Agreement shall not be assigned without the written consent of the parties
hereto, and any assignment without such written consent shall be void and ineffective.
41. Time of Essence: Time is of the essence of this Agreement.
SIGNATURES FOLLOW
HE.ar[VerdemonI.Park.AgreementJohnLaing1j _ 8 -
-
ATTACHMENT 1
VERDEMONT HEIGHTS HILLTOP PARK DEDICATION AND
IMPROVEMENT AGREEMENT
CITY
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
ATTEST:
By:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
James F. Penman, City Attorney
DEVELOPER
WL Covenant 88 Associates, LLC
By:
Name:
Title:
HE .ar[Verdemont. Park .AgreementJohnLaing 1]
9
Exhibit 'A"
DEVELOPER IMPROVEMENTS
1 LS Soil Preparation
290 LF Block Wall
223000 SF Hydro-Seed Turf
450 LF Walkway
15 EA 24"Box Trees
145 EA Hunter 1-25 Irrigation Heads
126 EA Rain Bird 1806 Irrigation Heads
1 EA Hunter ICC 4000M Irrigation Control
3 EA 4" Hammond Gate Valve
32 EA Hunter ICV Series Valves
1 EA Griswold 2000 4" Master Valve
1 EA 2" Irrigation Water Meter
2 EA 2" 825Y Backflow Preventers
5 EA Rain Bird 33DRL Quick Couplers
2248 LF 4" Irrigation Mainline
250 LF 1" Domestic Irrigaion Lines
960 LF 3" Lateral Irrigation Lines
2560 LF 2" Lateral Irrigation Lines
3718 LF 1 1/2" Lateral Irrigation Lines
37500 LF 14 Gauge Wire
1 LS Labor
1 LS Fine Grading
1 LS Drawings
1 LS Surveying
1 LS 60 day Maintenance
Subtotal
Administration/Contingency 10%
Total
44,000.00
18,850.00
17,840.00
12,500.00
3,525.00
16,758.00
2,900.00
3,560.00
1,350.00
8,000.00
720.00
33,520.00
2,400.00
625.00
8,430.00
400.00
included
included
included
6,750.00
61,000.00
19,147.00
11,600.00
13,000.00
13,380.00
300,255.00
30,025.50
330,280.50
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TRACT NO. 16457
elT)' OF SAN 9E.rUIl1ROII,O. CALIFC'WI:'
JOHr~l).l~IGHOMES .
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CONSTRUCTION
D~AILS
EXHIBIT B
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Attachment 1
VERDEMONT HEIGHTS HILLTOP PARK DEDICATION AND
IMPROVEMENT AGREEMENT
This Verdemont Heights Hilltop Park Improvements Agreement ("Agreement") is entered into
effective ,2005 ("Effective Date") between the City of San Bernardino, a
Municipal Corporation and Charter City ("City) and WL Covenant 88 Associates, LLC, A Delaware
Limited Liability Company ("Developer").
RECIT ALS
I. On September 15, 2003, the applicant at the time of request, cm - San Bernardino, requested
and the Mayor and Common Council adopted General Plan Amendment No. 02-11, Tentative
Tract Map No. 16457 and Tentative Tract Map No. 15940 to allow residential developments at
the northwest and northeast comers of Palm and Irvington A venues.
2. Tentative Tract Map No. 15940 subdivided 13.73 acres into 41 single-family residential lots with
a minimum lot size of 10,800 square feet. Tentative Tract Map No. 16457 subdivided 22.89
acres into 47 single-family residential lots with a minimum lot size of 10,800 square feet and
committed to dedicating approximately 4.7 acrcs of remaining land to the City of San Bernardino
to be used as a local park.
3. As a condition of approval of Tentative Tract Map No. 15940 and Tentative Tract Map No.
16457, the Planning Commission and City Council required the Developer to dedicate said park
land identified as Lot "A" in Tentative Tract Map No. 16457 ("Park").
4. At the request of the p~operty owner and Developer, the Mayor and Common Council approved
the final tract maps on'ApriI18, 2005.
5. The fair market value of Lot "A" is estimated to exceed $480,000 based on the Developer's
purchase price of the property and the opinion of the City's Real Property Official.
6. The City has adopted the San Bernardino Development Code ("Code") establishing various
development impact fees to offset the cost of development of City infrastructure, and has
established building plan check fees, building inspection fees, and public works inspection fees
to offset these services.
7. Development of the Park would benefit the Developer of the residential projects if the Park was
under construction, nearing completion, or completed while sale of the dwellings were underway.
The City would benefit ifthe Developer installed the Park improvements now rather than having
the Park developed at a future, yet to be deternlined, date.
OPERATIVE PROVISIONS
1. Term: This Agreement granting credits (relieved of the requirement to pay) ("Credits") to
Developer against the payment of Park Construction Fees, Plan Check Fees, Building
'"uunee Foe, and Bu;lding Perm;! Fcc, ("Fcus") will eommcncc on thc Ef~rr rplplo,JIJ ~f
HE.arjVerdemont.Park.AgreemenUohnLaing1.ver.2] - 1 - h II! () J /) <:
2. Design and Construction of Improvements: Developer shall use its best reasonable
efforts to complete the improvements to the Park described on Exhibit A
("Improvements") along with the estimated value of the Improvements. The plans and
specifications for the Improvements are attached as Exhibit B and show the plans for
the design, construction and installation of the Improvements which shall be subject to
the review and approval of the City Engineer in his/her sole discretion.
3. Permits: The Developer shall secure the required permits for Improvements to the Park.
The City shall not charge the Developer the cost of plan check and inspection.
4. Coordination of Improvements: The Improvements to the Park shall be coordinated
with the City and completed on or prior to February I, 2006.
5. Credits: In the event the Improvements to the Park are completed to the satisfaction of
the City Engineer and in compliance with the terms of this Agreement, the Developer
shall be considered in compliance with requirements for Credits and shall be entitled to
Credits (a) for Park and Recreation Construction Fees in the amount of$123,200 and
(b) for other Fees in the amount of $31 0,000. See Exhibit C.
6. Total Amount of Credits: The total amount of said credits granted to the Developer
shall be $433,200 for dedication of the Park land and the installation and completion of
Improvements.
7. Term of Credit Obligation: The City's obligation, under this Agreement, to provide the
Credits to the Developer shall continue for a period of twelve (12) years from the
Effective Date of this Agreement, unless the obligation is sooner satisfied by the
Developer's use of the Credits in the full amount of$433,200. After such twelve-year
period or credit in full, whichever occurs first, the City's obligation to provide the
Credits to Developer shall terminate.
8. Shortfall of Credits: The amounts of the Credits shall not exceed $433,200. In the
event Fees do not exceed $433,200 during the term of this Agreement, the City shall
not reimburse or credit the difference to the Developer.
9. Fees in Excess Credits: In the event Fees exceed $433,200 during the term of this
Agreement, the City shall not reimburse or credit the difference to the Developer. The
Developer shall be responsible and shall pay to the City any Fees levied on the
development of the property, which exceed $433,200.
10. Bids and Contracts: Developer shall be solely responsible for securing appropriate bids
and awarding the contract for construction and installation of Improvements in
compliance with all applicable federal, state and local laws. Developer shall defend,
indemnify and hold City and their elected officials, officers, agents and employees free
and harmless from any and all claims, actions or liability whatsoever, including
HE.ar(VerdemonI.Park.AgreemenlJohnLaing1.ver.2] _ 2 _
attorney's fees and court costs, arising out of or in connection with Developer's
construction of the Improvements.
I I. Inspection: The City shall have the righfat all times to inspect the construction of the
Improvements and all other improvements to the street right-of-way and abutting
property to measure compliance with approved City plans and specifications, and
standards of the City Engineer.
12. Mitigation Monitoring Program: In its construction of the Improvements, the
Developer will adhere to the Mitigation Monitoring Program established for the Tract
Map No. 16457. .
13. Indemnification:
a) With respect to the Developer's performance as provided in this Agreement, the Developer shall
defend, indemnify and hold the City and its elected officials, officers and employees free and
harmless trom any loss, cost or liability (including, without limitation, liability arising trom
injury to persons, including wrongful death and worker's compensation claims or damage to
property) which result from (i) any obligation of the Developer which arises from the
development of the Park including, without limitation, obligations for the payment of money for
material or labor, (ii) any failure on the part of the Developer to take any action which it is
required to take as provided in the Agreement, (iii) any action taken by the Developer which it is
prohibited from taking as provided in the Agreement, (iv) any willful or negligent act or
omission of the Developer, or (v) any legal challenge to the City's actions in approving or
implementing this Agreement.
b) Included in the scope of the foregoing indemnification will be all damages and claims for
damages which are suffered or alleged to have been suffered by reason of the matters which
are the subject to the applicable indemnification and all of the associated legal fees and court
costs (but not internal costs). Without limiting the effect of the foregoing, the Developer will
have the right to defend against any claim with respect to which it is indemnifying the City,
using legal counsel of its choice. The City will cooperate with the Developer and will give
the Developer its full support in connection with any claim with respect to which the
Developer is indemnifying the City.
c) Developer shall require all persons doing work on the Improvements, including final grading,
including their contractors and subcontractors, to obtain and maintain insurance of the types
and in the amounts described below in a form and with carriers satisfactory to City.
1. Commercial General Liability Insurance: Occurrence version
commercial general liability insurance or equivalent form with a
limit of not less than $1,000,000 each occurrence shall be
maintained. If such insurance contains a general aggregate limit, it
shall apply separately to this Agreement or be no less than two
times the occurrence limit. Such insurance shall:
i) Name City, its elected officials, officers, employees and agents as
additional insureds with respect to performance of this Agreement.
HE.arIVerdemonI.Park.AgreemenWohnLaing1.ver.2] _ 3 _
The coverage shall contain no special limitations on the scope of
its protection afforded to the above-listed insureds.
ii) Be primary with respect to any insurance or self-insurance
programs covering City, its elected officials, officers, employees
and agents.
iii) Contain standard separation of insureds provisions.
2. Business Automobile Liability Insurance: Business automobile
liability insurance or equivalent form with a limit of not less than
$500,000 each accident shall be maintained. Such insurance shall
include coverage for owned, hired, and non-owned automobiles.
3. Workers' Compensation Insurance: Workers' compensation insurance
with statutory limits and employers' liability insurance with limits of
not less than $1,000,000 each accident shall be maintained.
4. Other Insurance Requirements: Developer shall:
i) Prior to taking any actions under this Agreement, furnish City
with properly executed certificates of insurance which shall
clearly evidence all insurance required in this Section and provide
that such insurance shall not be amended or canceled, without the
prior written consent of the City.
14. Prevailing Wages: Developer is aware of the requirements of California Labor Code
Sections 1770 et. seq., which require the payment of prevailing wage rates for
Developer's contracts with its contractor(s) to construct the Improvements in accordance
with a public works contract as defined in Sections 1720 and 1720.2 of the California
Labor Code. The Developer and City agree that the Park (identified as Lot A on Tract
Map No. 16457) is not a part ofthe development of the abutting street rights-of-way and
abutting private property. The Developer agrees that the Improvements in the Park shall
be deemed a "public works project" as defined in the California Labor Code. The
Developer shall pay and cause its subcontractors to pay prevailing wage for the
Improvements within the Park. Developer agrees to hold City, its elected officials,
officers, and agents harmless from any claim or liability including, without limitation,
attorneys' fees and court costs, arising from any failure or alleged failure to comply with
these provisions of the California Labor Code. .
15. Contractor Licenses: All work performed on the Improvements shall be done only by
contractors licensed in the State of California and holding business licensees in the City
of San Bernardino, and qualified to perform the type of work required.
16. Acceptance of Work: Upon completion of the Improvements to the satisfaction of City,
the Improvements and the Park right-of-way in the ownership of the Developer shall be
presented to the San Bernardino Common Council for dedication and acceptance, and for
authorization to file a Notice of Completion. The Common Council may accept the
Improvements if it determines that the Improvements were constructed in accordance
HE.ar[Verdemont.Park.AgreemenIJohnLaing l.ver.2] _ 4 _
with the approved plans, specifications and contract documents, that they operate
satisfactorily, and that all other requirements of the Agreement have been satisfied.
Upon acceptance of the Improvements, Developer shall assign to City all of Developer's
rights and remedies, including warranties, as set forth in the approved contract
documents that City would have had ifCity itselfhad engaged Developer's contractor to
construct the Improvements.
17. Liability for Work Prior to Formal Acceptance: Until the Common Council has formally
accepted the Improvements, Developer shall be solely responsible for all damage to the
work caused by or arising out of Developer's or its contractor's or subcontractor's
negligent acts or omissions, and for all damages or injuries to any person or property at
the work site caused by or arising out of Developer's or its contractor's or subcontractor's
negligent acts or omissions, except damage or injury due to the negligence of City, its
agents or employees.
18. Guarantee: Developer shall post a warranty bond for the entire site in form and content
acceptable to the City, guarantee all work and materials for the Improvements to be free
from all defects due to faulty materials or workmanship for a period of one (1) year after
the date of fomlal acceptance of the work by City.
19. Record Drawings: Prior to acceptance of the Improvements by the Common Council,
Developer shall provide City with three (3) copies of record drawings with certification
as to accuracy and completeness by an engineer licensed in the State of California. The
City shall not be responsible for insuring the completeness and accuracy of the record
drawings.
20. Ownership of the Improvements: From and after acceptance of the Improvements by
formal action of the Common Council, ownership of the Improvements shall be vested
exclusively in C.ity.
21. Default by Developer: If the Developer fails to perform any of its obligations as provided
in the Agreement and fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the City, then the Developer shall be in default and the City
shall have all remedies which are available to it at law or in equity; provided, however
that if the nature of Developer's failure to comply or perform is such that it cannot
reasonable be cured within 30 days, then the Developer will not be in default if it
immediately commences and thereafter diligently continues to cure its failure.
22. Default by City: If the City fails to perform any of its obligations as provided in the
Agreement and fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the Developer, then the City shall be in default and the
Developer shall have all remedies which are available to it at law or in equity; provided,
however that ifthe nature of City's failure to perform is such that it cannot reasonably be
cured within 30 days, then the City shall not be in default if it immediately commences
and thereafter diligently continues to cure its failure.
23. Negation of Agency Joint Venture or Partnership: The parties acknowledge that in
entering into this Agreement, they are acting as independent entities and not as agents of
the other in any respect. The parties hereby renounce the existence of any form of joint
HE.ar[Verdemont.Park.AgreemenWohnLaing1.ver.2] _ 5 _
venture or partnership among or between them and agree that nothing in this Agreement
will be construed as making them joint ventures or partners.
24. Notices and Other Communications: All notices or other communications which are
required or permitted to be given to the parties shall be in writing and shall be given
either by personal service or by mailing the same certified or registered mail, postage
prepaid, return receipt requested, or overnight mail delivery service, addressed as
follows:
CITY
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attn: Director of Development Services
DEVELOPER
WL Covenant 88 Associates, LLC
255 East Rincon Street, Suite 100
Corona, CA 92879-1330
If any such notice or other communication is given by personal delivery, then it shall be
deemed given as ofthe date of delivery. If any such notice or other communication is given by mail,
then it shall be deemed given as of the date of receipt or rejection. Addresses, to which notices or
other communications may be delivered, may be changed from time to time by written notice, which
is given as provided in this paragraph 24.
25. Estoppel Certificates: At the request of either party, the other party will, within 10 days, certify in
writing that, to the best cifits knowledge, (a) this Agreement has not been amended or modified.
except as expressly provided in that estoppel certificate and (b) no default in the performance of
the requesting party's obligations as provided in this Agreement exists, except as is expressly
provided in that estoppel certificate.
26. Applicable Law: This Agreement will be construed and enforced as provided in California law.
27. Superseding State or Federal Law: If any state or federal law or regulation which is enacted or
adopted after the Effective Date or any other action of any governmental entity which is not
under the City's control, prevents or precludes compliance with any provision of this Agreement,
then that provision of this Agreement shall be modified or suspended only to the extent and for
the time necessary to achieve compliance with that law, regulation or other governmental action
and the remaining provisions of this Agreement shall continue in full force and effect and the
parties shall negotiate in good faith for such amendments to this Agreement as may be necessary
to achieve its intent, notwithstanding the existence of such state or federal law or regulation or
other governmental action. On the repeal of any such law, regulation or other governmental
action or on the occurrence of any other circumstance which removes the effect of the same on
this Agreement, the provisions of the Agreement shall be automatically restored to their full
original effect and any amendment to this Agreement which the parties have entered into as a
result of any such law, regulation or other governmental action, shall terminate.
HE.ar[VerdemonI.Park.AgreemenWohnLaing1.ver.2] _ 6 _
28. Venue: Any legal action with respect to this Agreement shall be brought in San Bemardino
County Superior Court or in the United States District Court for the Central District of
California.
29. Attorneys' Fees: Iflegal action is taken to enforce or interpret any provision of this Agreement,
then the prevailing party.in that action shall be entitled to recover from the losing party all
attorneys' fees, court costs and necessary disbursements in connection with that action. The
costs, salaries and expenses of the City Attorney, and members of his office, in connection with
that action shall be considered as attorney's fees for the purpose of this Agreement.
30. Paragraph Headings: The paragraph headings of this Agreement are for convenience only and are
not a part of and are not intended to govern, limit or aid in the interpretation of any provision of
this Agreement.
31. Construction: In all cases, the language in this Agreement will be construed simply, according to
its fair meaning and not strictly for or against either party, it being agreed that the parties or their
agents have participated in the preparation of this Agreement.
32. Survival: Each and ever covenant in this Agreement shall survive the execution and delivery of
this Agreement for the benefit of the parties.
33. Calendar Periods: All references in this Agreement to "years", quarters", "months", and "days"
will be deemed to be references to calendar years, quarters, months, and days.
34. Severability: Every provision of this Agreement is and shall be construed to be a separate and
independent covenant. Without limiting the effect of paragraph 27, if any provision of this
Agreement or the application of the same is, to any extent, found to be invalid or unenforceable,
then the remainder of this Agreement or the application of that provision to circumstances other
than those to which it is invalid or unenforceable, will not be affected by the same and that
provision of this Agre'ement shall be valid and shall be enforced to the extent permitted by the
law and the parties will negotiate in good faith for such amendments to this Agreement as may
be necessary to achieve its intent, notwithstanding such invalidity or unenforceability.
35. Covenant of Good Faith: In exercising their rights and in performing their obligations as
provided in this Agreement, the parties shall cooperate with one another in good faith, so the
intent of this Agreement can be attained.
36. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed
to be an original for all purposes and all such counterparts will constitute one and the same
agreement.
37. Incorporation of Recitals: The "Recitals" in this Agreement are material and are incorporated by
reference as though fully set forth hereof. Each recital of fact concerning the parties will be
conclusive between them and such facts will be incontestable in the event of any dispute between
them with respect to such facts. Neither party will introduce any evidence in a court or
administrative proceeding which would in any way serve to dispute any such recited fact.
38. Exhibits: The Exhibits to this Agreement are incorporated by reference as though fully set forth
herein.
HE.ar{VerdemonI.Park.AgreemenWohnLaing 1. ver.2] _ 7 _
39. Amendment:
(a) No amendment or waiver of any term of this Agreement shall be binding on the City
unless and until it has been approved by the City and has become effective, or on the
Developer unless and until it has been executed by the Developer.
(b) The parties acknowledge that the passage of time may demonstrate that changes are
necessary or appropriate with respect to the details of each party's performance as provided in
this Agreement. Because the parties wish to retain flexibility with respect to the details of
their performance, if and when the parties determine that changes are necessary or
appropriate, they will unless otherwise required by law, effectuate those changes or
adjustments through operating memoranda. After execution, each such operating
memorandum will be attached to this Agreement as an addendum and will become part of
this Agreement. No such operating memorandum will be deemed to be an amendment of
this Agreement.
40. Assignment: This Agreement shall not be assigned without the written consent of the parties
hereto, and any assignment without such written consent shall be void and ineffective.
41. Time of Essence: Time is of the essence of this Agreement.
SIGNATURES FOLLOW
HE.ar{Verdemont.Park.AgreemenWohnLaing1.ver.2] _ 8 _
-
ATTACHMENT 1
VERDE MONT HEIGHTS HILLTOP PARK DEDICATION AND
IMPROVEMENT AGREEMENT
CITY
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
ATTEST:
By:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
James F. Penman, City Attorney
By:
/l
Y
'~
DEVELOPER
WL Covenant 88 Associates, LLC
By:
Name:
Title:
H E.ar(VerdemonI.Park.AgreemenWohnLaing 1]
9
Exhibit C
PLAN CHECK AND INSPECTION FEE ESTIMATE FOR TRACTS 15940 AND 16457
Tract # PLAN 1 Plan 2 Plan 3 Plan 4
15940 TOTAL
Bldg. PIC $ 907.85 $1,109.94 51,135.43 $1,143.99
Electrical PIC $147.00 $18183 $188.50 $189.94
Plumbing PIC $ 117.00 $117.00 $129.00 $129.00
Mechanical PIC $33.00 $33.00 533.00 $42.00
Bldg. Issuance $1500 $15.00 $15.00 $15.00
Strong Motion $0.00 $000 $0.00 $0.00 (State Fee Removed)
Fire PIC 50.00 $0.00 $0.00 50.00 (Fire Plan Check Fee Removed)
Bldg Permit $986.00 $1,21350 $1,238.00 $1,245.00
Planning PIC $48.00 $48.00 $48.00 $48.00
Sub Total $2,253.85 $2,718.27 $2,786.93 $2,812.93 $10,571,98 (Full Plan Check)
Model PIC .$1,630.39 $1,949.70 $2,047,93 $2,067.79 $7,695.81 (Model Plan Check)
Model Ouantity 11 10 10 12 43
Sub Total $17,934.29 $27,182.70 $27,869.30 $33,755.16 $106,741,45
Tot?: $21,829.53 $31,860.67 $32,714.16 $38,647.88 $125,052,24 (Full and Model)
16457
Bldg. PIC $907.85 $1 , 1 09 94 $1.135.43 $1,143.99
Electrical PIC $147.00 $181.83 $188.50 $ 189.94
Plumbing PIC $117.00 $117.00 $129.00 $129.00
Mechanical PIC $33.00 $33.00 $3300 $42.00
Bldg. Issuance $15.00 $ 15.00 $15.00 $15.00
Strong Malian SO.OO $0.00 $0.00 $000
Fire PIC $0.00 $0.00 $0.00 $0.00
Bldg Permit $986.00 $1,213.50 $ 1 ,238.00 $1,245.00
Planning PIC $48.00 $48.00 $4800 $48.00
Sub Total $2,253.85 $2,718.27 $2,786.93 $2,812.93 $10,571.98 (Full Plan Check)
Model PIC 51,630.39 $ 1,949.70 $2,047.93 $2,067.79 $7,695.81 (Model Plan Check)
Model Ouantity 9 9 9 10 37
Sub Total $14,673.51 $17,547.30 $18,431.37 $20,677.90 $71,330,08
Total $18,566.75 $22,224.27 $23,275.23 $25,568.62 $89,634,87 (Full and Model)
Plan Check Total $214,687.11 (Total For 88 homes)
Park & Recreation $1,98820 52.634.95 $2,703.20 $2,729.85 $10,056.20 (Per Plan)
15940 $21,870.20 $26,349.50 527,032.00 $32,758.20 $108,009.90
Model $994.10 $2,634.95 $2,703.20 $2,729.85 $9,062.10
16457 $17,893.80 $23,714.55 $24,32880 $27,298.50 $93,235.65
Model $994.10 52,634.95 52,70320 $2.729.85 $9,062.10
ParklRec Total $219,369.75 (Total for 88 homes)
Grand Total $434,056.86 (PIC and Pk/Rec)
The Fees represented in this estimate do not include expeditious plan check fees.
...
"
Attachment
1
VERDEMONT HEIGHTS HILLTOP PARK DEDICATION AND
IMPROVEMENT AGREEMENT
This Verdemont Heights Hilltop Park Improvements Agreement ~"Agreement"} is entered /'
into effective , 2005 ("Effective Date") between the City of San
Bernardino, a Municipal Corporation and Charter City ("City) and WL Covenant 88
Associates, LLC, A Delaware Limited Liability Company ("Developer").
RECITALS
1. On September 15, 2003, the applicant at the time of request, CDI - San Bernardino,
requested and the Mayor and Common Council adopted General Plan Amendment No.
02-11, Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940 to allow
residential developments at the northwest and northeast corners of Palm and Irvington
Avenues.
2. Tentative Tract Map No. 15940 subdivided 13.73 acres into 41 single-family residential
lots with a minimum lot size of 10,800 square feet. Tentative Tract Map No. 16457
subdivided 22.89 acres into 47 single-family residential lots with a minimum lot size of
10,800 square feet and committed to dedicating approximately 4.7 acres of remaining
land to the City of San Bernardino to be used as a local park.
3. As a condition of approval of Tentative Tract Map No. 15940 and Tentative Tract Map
No. 16457, the Planning Commission and City Council required the Developer to I
dedicate said park land identified as Lot "A" in Tentative Tract Map No. 16457 ("Park,,).4 V
4. At the request of the property owner and Developer, the Mayor and Common Council
approved the final tract maps on April 18, 2005.
5.. T~air market value of Lot "A" is estimated to exceed $480,000 based on the I
.l:el'~per's purchase price of the property and the opinion of the City's Real Property
Official.
6. The City has adopted the San Bernardino Development Code ("Code") establishing
various development impact fees to offset the cost of development of City
infrastructure, and has established building plan check fees, building inspection fees,
and public works inspection fees to offset these services. D [)
7. Development of the park site 6Park 7would benefit the kveloper of the~e idential . /
projects if the f*3fk8park9 was under construction, nearing completion, or c mpleted V
while sale of the dwellings were underway. The City would benefit if the veloper
installed the pafk 10Park 11 improvements now rather than having the park site be 12Park
~3 developed at a future, yet to be determined, date. .
JRS\99998.0002\353156.261312005
. .
OPERATIVE PROVISIONS -r~. ~~ ~ ~1A41AI~ .
. ~~ A.......'t I
1. Term: . ... 14This 15 Agreement,--tAis
Agreement for16 granting 3 credit17 credit 1 (relieved of the requirement to pay)
"Credits" to Develo er a ainst the a ent of19 Park Construction Fees, Q~ilair,S'-
Plan Check Fees, Building Fees~.u"a Public' W3fl,~ 1""",U.ti31. r~e!'-
("Fees") will commence ;n the Effective Date. ~ "",tt.. th-
2. Desi nand Constru tion of 1m rove nt;-OeK.eloper shall use its best
reasonable efforts to omplete the- . provements to the Park described on (
Exhibit A21 ("Improv ments") estimated tM..;t~alue of improvements '
. . . .. 23the Improvements24. 1.hAPIans and specifications for
the 1m rovements 2 attached as Exhibit B,~ s~at\t(the plans for the27 design,
construction and in tallation of the Improvements ~;t~~i!ltbe subject to the
review and approval of the City Engineer in his/her soieai~retion.
3. Permits: The Developer shall secure the required permits for Improvements to
the park site29Park3o. The City shall not charge the Developer the cost of plan
check and inspection.
4. Coordination of Improvements: The Improvements to the park site 31Park f
J;tshallbe coordinated with the City and completed on or prior to February 1,
2006.'
5. Credits: In the event the Improvements to the park site34Park35 are completed
to the satisfaction of the City Engineer and in compliance with the terms of this
Agreement, the Developer shall be considered in compliance with
requirements for credits (relieved from the requirement to pay) or
reimbursements of37Credits and shall be entitled to Credits (a) for38 Park ] ./'0""
Construction Dedication Fees in the amount of $123,200 for the park land ~
39and (b) for4o PBFk Con'itr:1l~tieR Fees, B~iIEfiR!:J Pial"! CI,~v'" r {..C5s Buildil"lg
IRipeetiol, r ~~.., and P~Blie Werl(3 In3pl!cti<5R F8eli~42.!!.43~44~41-46in the
amount of $310,000 for the construction of the park. 310.000.48 See Exhibit
C. ~
,.e,e..$'
6. Total Amount of Credits: The total amount of said credits ~ranted to the /
Developer shall be $433,200 for dedication of the pafk50Park 1 land and the V
installation and completion of Improvements.
7. Term of Credit ObliQation: The City's obligation, under this Agreement, to
6fe6it52provide the Credits to 53 the Developer for the completed
Improvements:>4 shall continue for a period of twelve (12) years from the . f
Effective Date of this Agreement, unless the obligation is sooner satisfied by V
6fe6it55the Developer's use of the Credits56 in the full amount of $ 433,200 to
the Developer under this Agreement.tl1433.200.58 After such twelve-year
period or credit in full, whichever occurs first, the City's obligation to
6fe6it59provide6o the Credits t061 Developer shall terminate.
8. Shortfall of Credits: The Gity63!64S maximum obligation to credit the
De'leloper65amount of the Credits66 shall not exceed $433,200. In the event J
..flark C8Rstro '~. .QREf etRsf ~ity foes le'lied on the development of the
JRS\99998.0002\353156.2 61312005
.-- -.. . - . - ... . . ..
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proportl7Fees68 dol~ not exceed $433,200 during the term of this Agreement,
the City shall not reimburse or credit the difference to the Developer.
9. Fees in Excess Credits: In the event~~ Fees liRg 8lR8r City f
fees levied on the de'lelopment of the 88 d.....ellings70Fees71 exceed $433,200
during the term of this Agreement, the City shall not reimburse or credit the
difference to the Developer. The Developer shall be responsible and shall pay
to the City any Fees levied on the development of the property, which exceed
$433,200.
10. Bids and Contracts: Developer shall be solely responsible for securing
appropriate bids and awarding the contract for construction and installation. of
Improvements in compliance with all applicable federal, state and local laws.
Developer shall defend, indemnify and hold City .and their elected officials,
officers, agents and employees free and harmless from any and all claims,
actions or liability whatsoever, including attorney's fees and court costs, arising
out of or in connection with Developers construction of the Improvements.
11. Inspection: The City shall have the right at all times to inspect the construction
of the hi1provements and all other improvements to the street right-of-way and
abutting property to measure compliance with approved City plans and
specifications, and standards of the City Engineer.
12. Mitiaation Monitorina Proaram: In its construction of the Improvements, the
Developer will adhere to the Mitigation Monitoring Program established for the
Tract Map No. 16457.
13. Indemnification:
a) With respect to the Developers performance as provided in this Agreement,
the Developer shall defend, indemnify and hold the City and its elected officials,
officers and employees free and harmless from any loss, cost or liability
(including, without . limitation, liability arising from injury to persons, including
wrongful death and worker's compensation claims or damage to property) which
result from (i) any obligation of the Developer which arises from the development
of the park site73Park74 including, without limitation, obligations for the payment /"
of money for material or labor, (ii) any failure on the part of the Developer to take V
any action which it is required to take as provided in the Agreement, (iii) any
action taken by the Developer which it is prohibited from taking as provided in
the Agreement, (iv) any willful or negligent act or omission of the Developer, or (v)
any legal challenge to the City's actions in approving or implementing this
Agreement.
b) Included in the scope of the foregoing indemnification will be all damages
and claims for damages which are suffered or alleged to have been suffered
by reason of the matters which are the subject to the applicable indemnification
and all of the associated legal fees and court costs (but not internal costs).
Without limiting the effect of the foregoing, the Developer will have the right
to defend against any claim with respect to which it is indemnifying the City,
using legal counsel of its choice. The City will cooperate with the Developer and
JRS\99998.0002\3531S6.2 61312005
c)
will give the Developer its full support in connection with any claim with respect to
which the Developer is indemnifying the City. _ _........ MrL~-t. ~~)
f1..L, J...p~/' --1J
Developer shall require all persons doing work olJ.grading, including their
contractors and subcontractors, to obtain and m"ciintain insurance of the
types and in the amounts described below in a form and with carriers satisfactory
to City.
j
1. Commercial General Liability Insurance: Occurrence version
commercial general liability insurance or equivalent form
with a limit of not less than $1,000,000 each occurrence
shall be maintained. If such insurance contains a general
aggregate limit, it shall apply separately to this Agreement or
be no less than two times the occurrence limit. Such
insurance shall:
i) Name City, its elected officials, officers, employees and
agents as additional insureds with respect to performance
of this Agreement. The coverage shall contain no special
limitations on the scope of its protection afforded to the
above-listed insureds.
ii) Be primary with respect to any insurance or self-insurance
programs covering City, its elected officials, officers,
employees and agents.
iii) Contain standard separation of insureds provisions.
2. Business Automobile Liability Insurance: Business automobile
liability insurance or equivalent form with a limit of not less than
$500,000 each accident shall be maintained. Such insurance
shall include coverage for owned, hired, and non-owned
automobiles.
3. Workers' Compensation Insurance: Workers' compensation
insurance with statutory limits and employers' liability
insurance with limits of not less than $1,000,000 each
accident shall be maintained.
4. Other Insurance ReQuirements: Developer shall: ()'tt1~'Qr-
i) Prior to taking any actions under this Agreemen , furnish
City with properly executed certificates of insura ce which I
shall clearly evidence all insurance required in th Section
and provide that such insurance shall not be canceled,
without the prior written consent of the City.
14. Prevailina Wages: Developer is aware of the requirements of California Labor
Code Sections 1770 et. ~., which require the payment of prevailing wage rates
for Developer's contracts with its contractor(s) to construct the Improvements in
accordance with a public works contract as defined in Sections 1720 and 1720.2
1RS\99998.0002\353156.2 6/3/2005
of the California Labor Code. The Developer and City agree that the paFk
site78Park79 (identified as Lot A on Tract Map No. 16457) is not a part of the
development of the abutting street rights-of-way and abutting forivate f,roperty.
The Developer agrees that the Improvements in the park site oPark lshall be
deemed a "public works project" as defined in the California Labor Code. The
Developer shall pay and cause its subcontractors to pay prevailing wage for the
Improvements within the park site82Park83. Developer agrees to hold City, its
elected officials, officers, and agents harmless from any claim or liability
including, without limitation, attorneys' fees and court costs, arising from any
failure or alleged failure to comply with these provisions of the California Labor
Code.
I
15. Contractor Licenses: All work performed on the Improvements shall be done
only by contractors licensed in the State of California and holding business
licensees in the City of San Bernardino, and qualified to perform the type of work
required.
16.Acceptance of Work: Upon completion of the ImRrovements to the satisfaction (
of City, the Improvements and the park sito 86Park 87right-of-way in the
ownership of the Developer shall be presented to the San Bernardino Common
Council for dedication and acceptance, and for authorization to file a Notice of
Completion. The Common Council may accept the Improvements if it
determines that the Improvements were constructed in accordance with the
approved plans, specifications and contract documents, that they operate
satisfactorily, and that all other requirements of the Agreement have been
satisfied. Upon acceptance of the Improvements, Developer shall assign to City
all of Developer's rights and remedies, including warranties, as set forth in the
approved contract documents that City would have had if City itself had engaged
Developer's contractor to construct the Improvements.
17. Liability for Work Prior to Formal Acceptance: Until the Common Council has
formally accepted the Improvements, Developer shall be solely responsible for
all damage to the work caused by or arising out of Developer's or its contractor's
or subcontractor's negligent acts or omissions, and for all damages or injuries
to any person or propertY at the work site caused by or arising out of Developer's
or its contractor's or subcontractor's negligent acts or omissions, except damage
or injury due to the negligence of City, its agents or employees. .
18. Guarantee: Developer shall post a warranty bond for the entire site in form and
content acceptable to the City, guarantee all work and materials for the
Improvements to be free from all defects due to faulty materials or workmanShip
for a period of one (1) year after the date of formal acceptance of the work by
City.
19.Record Drawinas: Prior to acceptance of the Improvements by the Common
Council, Developer shall provide City with three (3) copies of record drawings
with certification as to accuracy and completeness by an engineer licensed in
the State of California. The City shall not be responsible for insuring the3completeness and accuracy of the record drawings.
JRS\99998.0002\353 156.2 613/2005
20. Ownership of the Improvements: From and after acceptance of the
Improvements by formal action of the Common Council, ownership of the
Improvements shall be vested exclusively in City.
21. Default bv Developer: If the Developer fails to perform any of its obligations as
provided in the Agreement and fails to cure its nonperformance within 30 days
after notice of nonperformance is given by the City, then the Developer shall be
in default and the City shall have all remedies which are available to it at law or
in equity; provided, however that if the nature of Developer's failure to comply
or perform is such that it cannot reasonable be cured within 30 days, then the
Developer will not be in default if it immediately commences and thereafter
diligently continues to cure its failure.
22. Default bv City: If the City fails to perform any of its obligations as provided in the
Agreement and fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the Developer, then the City shall be in default and
the Developer shall have all remedies which are available to it at law or in equity;
provided, however that if the nature of City's failure to perform is such that it J
cannot reasonab~ be cured within 30 days. then the City shall not be in default V
if it immediately co~mences and thereafter diligently continues to cure its failure.
23. Neoation of Aoencv Joint Venture or Partnership: The parties acknowledge that
in entering into this Agreement, they are acting as independent entities and not
as agents of the other in any respect. The parties hereby renounce the
existence of any form of joint venture or partnership among or between them
and agree that nothing in this Agreement will be construed as making them joint
ventures or partners.
24. Notices and Other Communications: All notices or other communications which
are required or permitted to be given to the parties shall be in writing and shall
be given either by personal service or by mailing the same certified or registered
mail, postage prepaid, return receipt requested, or overnight mail delivery
service, addressed as follows:
CITY
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attn: Director of Development Services
DEVELOPER
WL Covenant 88 Associates, LLC
255 East Rincon Street, Suite 100
Corona, CA 92879-1330
If any such notice or other communication is given by personal delivery, then it shall
be deemed given as of the date of delivery. If any such notice or other communication is
given by mail, then it shall be deemed given as of the date of receipt or rejection.
JRS\99998.0002\353156.2613I2oo5
Addresses, to which notices or other communications may be delivered, may be changed
from time to time by written notice, which is given as provided in this paragraph 24.
25. Estoppel Certificates: At the request of either party, the other party will, within 10 days,
certify in writing that, to the best of its knowledge, (a) this Agreement has not been
amended or modified, except as expressly provided in that estoppel certificate and (b)
no default in the performance of the requesting party's obligations as provided in this
Agreement exists, except as is expressly provided in that estoppel certificate.
26.Applicable Law: This Agreement will be construed and enforced as provided in
California law.
27. Supersedinq State or Federal Law: If any state or federal law or regulation which is
enacted or adopted after the Effective Date or any other action of any governmental
entity which is not under the City's control, prevents or precludes compliance with any
provision of this Agreement, then that provision of this Agreement shall be modified or
suspended only to the extent and for the time necessary to achieve compliance with
that law, regulation or other governmental action and the remaining provisions of this
Agreement shall continue in full force and effect and the parties shall negotiate in good
faith for such amendments to this Agreement as may be necessary to achieve its intent,
notwithstanding the existence of such state or federal law or regulation or other
governmental action. On the repeal of any such law, regulation or other govemmental
action or on the occurrence of any other circumstance which removes the effect of the
same on this Agreement, the provisions of the Agreement shall be automatically
restored to their full original effect and any amendment to this Agreement which the
parties have entered into as a result of any such law, regulation or other governmental
action, shall terminate.
28. Venue: Any legal action with respect to this Agreement shall be brought in San
Bernardino County Superior Court or in the United States District Court for the Central
District of California.
29. Attornevs' Fees: If legal action is taken to enforce or interpret any provision of this
Agreement, then the prevailing party in that action shall be entitled to recover from the
losing party all attorneys' fees, court costs and necessary disbursements in connection
with that action. The costs, salaries and expenses of the City Attorney, and members
of his office, in connection with that action shall be considered as attorney's fees for the
purpose of this Agreement.
30. Paraqraph Headinqs: The paragraph headings of this Agreement are for convenience
only and are not a part of and are not intended to govern, limit or aid in the
interpretation of any provision of this Agreement.
31. Construction: In all cases, the language in this Agreement will be construed simply,
according to its fair meaning and not strictly for or against either party, it being agreed
that the parties or their agents have participated in the preparation of this Agreement.
32. Survival: Each and ever covenant in this Agreement shall survive the execution and
delivery of this Agreement for the benefit of the parties.
JRS\99998.0002\353156.26/3I2oo5
33. Calendar Periods: All references in this Agreement to "years", quarters", "months", and
"days" will be deemed to be references to calendar years, quarters, months, and days.
').1
34. Severability: Every provision of this Agreement is and shall be construed tl be 1 a . /
separate and independent covenant. Without limiting the effect of paragraph~ if any "
provision of this Agreement or the application of the same is, to any extent, found to be
invalid or unenforceable, then the remainder of this Agreement or the application of that
provision to circumstances other than those to which it is invalid or unenforceable, will
not be affected by the same and that provision of this Agreement shall be valid and
shall be enforced to the extent permitted by the law and the parties will negotiate in
good faith for such amendments to this Agreement as may be necessary to achieve its
intent, notwithstanding such invalidity or unenforceability.
35. Covenant of Good Faith: In exercising their rights and in performing their obligations as
provided in this Agreement, the parties shall cooperate with one another in good faith,
so the intent of this Agreement can be attained.
36. Counterparts: This Agreement may be executed in counterparts, each of which shall
be deemed to be an original for all purposes and all such counterparts will constitute
one and the same agreement.
37.lncorporation of Recitals: The "Recitals" in this Agreement are material and are
incorporated by reference as though fully set forth hereof. Each recital of fact
concerning the parties will be conclusive between them and such facts will be
incontestable in the event of any dispute between them with respect to such facts.
Neither party will introduce any evidence in a court or administrative proceeding which
would in any way serve to dispute any such recited fact.
38. Exhibits: The Exhibits to this Agreement are incorporated by reference as though fully
set forth herein.
39. Amendment:
(a) No amendment or waiver of any term of this Agreement shall be binding on
the City unless and until it has been approved by the City and has become
effective, or on the Developer unless and until it has been executed by the
Developer.
(b) The parties acknowledge that the passage of time may demonstrate that
changes are necessary or appropriate with respect to the details of each party's
performance as provided in this Agreement. Because the parties wish to retain
flexibility with respect to the details of their performance, if and when the parties
determine that changes are necessary or appropriate, they will unless otherwise
required by law, effectuate those changes or adjustments through operating
memoranda. After execution, each such operating memorandum will be attached
to this Agreement as an addendum and will become part of this Agreement. No
such operating memorandum will be deemed to be an amendment of this
Agreement.
JRS\99998.0002\353156.26/312005
40. AssiQnment: This Agreement shall not be assigned without the written consent of the
parties hereto, and any assignment without such written consent shall be void and
ineffective.
41. Time of Essence: Time is of the essence of this Agreement.
SIGNATURES FOLLOW
JRS\99998.0002\353156.26/3I2oo5
" ,
ATTACHMENT 1
VERDEMONT HEIGHTS HILLTOP PARK DEDICATION AND
IMPROVEMENT AGREEMENT
CITY
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
ATTEST:
By:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
James F. Penman, City Attorney
By:
DEVELOPER
WL Covenant 88 Associates, LLC
By:
-
Name:
JRS\99998.0002\353156.261312005
/
/
" ,
Title:
JRSI99998.00021353156.261312005
.-
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