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HomeMy WebLinkAbout2010-072 .,' 1 2 RESOLUTION NO. 2010-72 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 2006-58 AND RESOLUTION NO. 2007-476 4 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GFR ENTERPRISES, INC. FOR THE DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK 5 AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE, NOW KNOWN AS PRESIDENT RONALD REAGAN PARK. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO AS FOLLOWS: 8 WHEREAS, on February 21,2006, the Mayor and Common Council adopted Resolution No. 9 2006-58 approving an Agreement with GFR Enterprises, Inc. for the dedication and improvement of a 10 4-acre park located at the southwest corner of lrvington Avenue and Chestnut Avenue; and 11 WHEREAS, on December 17, 2007, the Mayor and Common Council adopted Resolution No. 12 2007-476 approving Amendment No. I to the Agreement with GFR Enterprises, Inc. for the dedication 13 and improvement of a 4-acre park located at the southwest corner of Irvington Avenue and Chestnut 14 Avenue, now known as President Ronald Reagan Park; and 15 WHEREAS, the attached Agreement is intended to replace the above-referenced Agreement 16 and Amendment thereto; 17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 18 BERNARDINO AS FOLLOWS: 19 SECTION 1. Resolution No. 2006-58 and Resolution No. 2007-476 are hereby repealed. 20 SECTION 2. The City Manager is hereby authorized to execute the Park Dedication and 21 Improvement Agreement (see Attachment "1 n and incorporated herein) with GFR Enterprises, Inc., 22 relative to the park site dedication and park improvements at President Ronald Reagan Park. 23 SECTION 3. This Agreement shall not take effect or become operative until fully signed and 24 executed by the parties and no party shall be obligated hereunder until the time of such full execution. 25 No oral agreement, amendments, modifications or waivers are intended or authorized and shall not be 26 implied from any act or course of conduct of any party. 27 SECTION 4. Authorization to execute this Agreement is rescinded if the parties to the 28 Agreement fail to execute it within sixty (60) days of the passage of this Resolution. F:\EMPENO\Development Services\Reagan Park\Reso re RonaldReganParkA.16.10.wpd 2010-:-72 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 2006-58 AND RESOLUTION NO. 2007-476 2 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GFR ENTERPRISES, INC. FOR THE DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK 3 AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE, NOW KNOWN AS PRESIDENT RONALD REAGAN PARK. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the , 2010, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~~}J.~ 19 20 21 22 The foregoing resolution is hereby approved this~day of April ,2010. 23 Approved as to form: 24 JAMES F. PENMAN, CityA7. . /J 26 ~./~ 25 27 28 F:\EMPENO\Development Services\Reagan Park\Reso re RonaldReganPark.4.16.10.wpd 2010-72 Attachment 1 PARK DEDICATION AND IMPROVEMENT AGREEMENT This Park Dedication and Improvement Agreement ("Agreement") is entered into effective April 19 ,2010 between the City of San Bernardino, a Municipal Corporation and Charter City ("City") and GFR Enterprises, Inc., which together with certain assignees and/or affiliated entities was established for the express purpose of creating the developments described below, was (collectively and individually, "Developer"). RECITALS I. On June 21, 2004 the Mayor and Common Council adopted Resolution No. 2004-07 approving the Final Map for Tentative Tract Map No. 16443 to allow residential development at the south side of Belmont Avenue between Magnolia Avenue and Chestnut A.venue. Tract Map No. 16443 contains 127 single-family residential lots. Each lot has a minimum lot size of 10,800 square feet. 2. Tentative Tract Map No. 16443 committed the Developer to transfer ownership of approximately 4-acres of land to the City of San Bernardino to be used as a local public park. The value of the 4-acre site to be developed as a public park is $143,000 based on the Developer's purchase price of the site and was credited by the City to the Developer in lieu ofthe Developer's payment of Park Fees for Tract Map No. 16443. The park site contains two parcels identified on Exhibit "A", attached and incorporated herein, as Assessor Parcel Nos. 0261-181-03 and 0261-661-66, now named President Ronald Reagan Park (hereinafter "Park"). 3. The Developer completed Final Map No. 16443 and Final Map No. 16795 and has received approval of Tentative Tract Map No. 17329. The Developer anticipated processing Tentative Tract Map No. 17812, but that application has not been submitted. 4. On February 21,2006, the Mayor and Common Council adopted Resolution No. 2006-58 approving a Park Dedication and Improvement Agreement for improvements at the Park. Those improvements included, but were not limited to, site preparation work, installation of irrigation, installation of turf and other landscape materials, installation of hardscape amenities, etc. at a cost of $500,000. That Agreement referenced Tract Map No. 16443 and Tract Map No. 16795, and Tentative Tract Map No. 17329 and Tentative Tract Map No. 17812. 5. With Resolution No. 2006-58, the Mayor and Common Council determined that development ofthe Park would benefit the Developer of the residential projects. The City would benefit and F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Final - Agreement 4-16-1 O.wpd 1 2010-72 time would be saved if the Developer installed and constructed the park improvements at that time rather than having the Park developed at a future date. 6. With Resolution 2006-58, the Mayor and Common Council also determined that the Developer would receive credits (relieved from the requirement to pay) certain building-related processing and permit fees in an amount not to exceed $643,000, an amount equal to the cost of the park site ($143,000) and improvements ($500,000). 7. On December 17,2007, the Mayor and Common Council adopted Resolution No. 2007-476 approving Amendment No. 1 to the Park Dedication and hnprovement Agreement to include an additional $215,038.51 for additional improvements at President Ronald Reagan Park. 8. The Mayor and Common Council determined that the Developer would be reimbursed $215,038.51 for the additional improvements and PR08-02 was included in the Capital hnprovements Program for that purpose. 9. The Developer has received $185,273 in deferred fees for Tract No. 16795 for the Park Construction Fees, Building Issuance Fees, Building Valuation (Building Permit) Fees, Building Plan Check Model Fees, Plumbing Plan Check Fees, Electrical Plan Check Fees, Mechanical Plan Check Fees, Building Plan Check Fees, and Building Inspection Fees ("Fees") as advanced partial compensation for the dedication of the site and construction of the improvements to the Park. 10. This new Park Dedication and hnprovement Agreement shall replace the previous 2006 Agreement and 2007 Amendment. 11. Due to overall economic conditions, the Developer has determined that developing Tentative Tract No. 17329 and Tentative Tract No. 17812 is not economically feasible at this time. 12. The Mayor and Common Council and the Developer agree that construction of the Park should occur as soon as possible. Both parties agree to proceed with construction of the first phase of improvements. 13. The Mayor and Common Council agree that additional improvements to the Park will be completed by the City at a later date and the Developer will not be responsible for those additional improvements. OPERATIVE PROVISIONS 1. Term: Unless earlier terminated as provided in this Agreement, this Agreement shall commence on the Effective Date and terminate one year after commencement of this Agreement. F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Fina1- Agreement 4-16-IO.wpd 2 2010-72 2. Construction ofhnofOvements: hnprovements to the Park shall be made by the Developer in accordance with Phase 1 of the plans and specifications approved by the City Engineer and the Parks, Recreation and Community Services Director. Developer shall use its best reasonable efforts to complete only the Phase 1 hnprovements ("hnprovements") in accordance with the plans and specifications approved by the City Engineer and the Parks, Recreation and Community Services Director as specified in the Scope of Work, attached and incorporated herein as Exhibit "B" to this Agreement. 3. Completion of Phase 1 hnorovements: The Phase I hnprovements to the Park shall be coordinated with the City and completed within 6 months from issuance of the Notice to Proceed. Upon completion of the hnprovements, the Developer shall be responsible for a 30- day maintenance period. The City shall schedule a pre-construction meeting with the Developer prior to issuance of the Notice to Proceed. The City shall issue the permit and Notice to Proceed within 30-days of approval of this Agreement. 4. Permits: The Developer shall secure the required permits for Phase 1 hnprovements to the Park. The City shall not charge the Developer the cost of plan check and permit/inspection of the Phase 1 Improvements to the Park. 5. Insoection: The City shall provide inspection services related to construction of the hnprovements to ensure compliance with approved City plans and specifications, and standards of the City Engineer. The City shall not unreasonably withhold inspections or approvals ofhnprovements to the Park. 6. Acceotance of Work and Site Dedication: The 4-acre Park as shown in Exhibit "A" to this Agreement shall be conveyed to the City free and clear of liens prior to the City filing a Notice of Completion for the Phase 1 hnprovements. Upon completion of the hnprovements to the satisfaction ofthe City Engineer, and the conclusion of the 30-day maintenance period, the Park shall be deemed to be completed, and the Developer shall present a grant deed in the form as shown on Exhibit "C," attached and incorporated herein, which conveys the Park site to the City. The City shall accept and record the grant deed and shall file a Notice of Completion for the Phase 1 Improvements. Upon City acceptance and recordation of the grant deed, Developer shall assign to City all of Developer's rights and remedies, including warranties, as set forth in the Developer's contract documents, that City would have had if City itself had engaged Developer's contractors to construct the hnprovements. 7. Developer's Resoonsibilities: The Developer is responsible for construction of the Phase 1 hnprovements. Construction of Phase I hnprovements is estimated to cost $498,982.48. The Developer's existing financial obligation for the costs of the Phase I hnprovements is $185,273.41 (previously deferred fees for Tract No. 16795), of which $69,065.14 the Developer has spent to date for pre-construction costs for the Phase 1 hnprovements as shown on Exhibit "D", attached and incorporated herein. The Developer shall construct and install the Phase 1 hnprovements in compliance with all applicable federal, state and local laws, F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Final- Agreement 4-16-10.wpd 3 2010-72 including prevailing wage requirements. The Developer's remaining financial obligation is $116,208.27 of the costs for the Phase 1 hnprovements as shown on Exhibit "D". 8. Citv's Responsibilities: City shall pay Developer the costs to complete construction of Phase 1 hnprovements as shown in Exhibit "D." The City shall make periodic progress payments to the Developer as shown in Exhibit "D," for the total amount of $313,709.07, for completion of the Phase 1 hnprovements. Included in said periodic payments are general and administrative costs equal to 5% ofthe gross Park budget as shown on Exhibit "D." The City is responsible for any improvements beyond Phase 1 and any cost overruns except those caused by negligent acts of the Developer. 9. Invoices: The Developer shall submit receipts and/or other evidence verifying said expenditures for installation and construction of hnprovements to the City Engineer for confirmation of Developer's expenditures. These invoices shall include certified payroll records as required in Section 11 ofthis Agreement._ 10. Indemnification: a) The Developer shall defend, indemnify and hold the City and its elected and appointed officials, officers and employees harmless from any claims, loss, cost or liability (including, but not limited to, liability from injury to persons, including wrongful death and worker's compensation claims and damage to property) during the period starting from the execution of this Agreement until City acceptance of the Improvements arising from or related to the intentional or negligent acts, errors or omissions of Developer, its officers, employees, agents, contractors or sub- contractors in the performance ofthe Agreement. b) Included in the scope of the foregoing indenmification will be all damages and claims for damages which are suffered or alleged to have been suffered during the period starting from the execution of this Agreement until City acceptance of the hnprovements, by reason of the matters which are subject to the applicable indenmification and all of the associated legal fees and court costs (but not intemal costs). Without limiting the effect ofthe foregoing, the Developer will have the right to defend against any claim with respect to which it is indenmifying 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 indenmifying the City. c) Developer shall obtain and maintain, and shall require all of its 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, during the term of this Agreement. F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Final- Agreement 4-16-10.wpd 4 2010-72 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: 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 modified or canceled, without the prior written consent of the City. d) All of the indemnity provisions and indemnifications described in this Section 10 shall expire when the City accepts the Phase 1 hnprovements. 11. 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 hnprovements in accordance with a public works contract as defined in Sections 1720 and 1720.2 ofthe California Labor Code. The Developer and City agree that the Park 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 shall be F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Final - Agreement 4-16-IO.wpd 5 2010-72 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 hnprovements within the Park. 12. Contractor Licenses: All work performed on the hnprovements shall be done only by contractors licensed in the State of California and holding Business Registration Certificates in the City of San Bernardino, and qualified to perform the type of work required. 13. Develooer's Obligation. Acceptance ofthe Park and hnprovements by the City shall satisfy the Developer's obligation to the City. The Developer shall not be responsible or liable for additional, future improvements to the Park. 14. [Deleted] 15. As-Built Drawings: Prior to acceptance of the hnprovements by the City Engineer, Developer shall provide City with a complete final set of as-built drawings reflecting all field changes. 16. Ownershio of the hnorovements: From and after acceptance of the hnprovements by the City, ownership ofthe hnprovements shall be vested exclusively in City. 17. 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 ifthe nature of Developer' s failure to comply or perform is such that it cannot reasonably 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. 18. 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 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. 19. Negation of Agencv 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 venturers or partners. F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Final- Agreement 4-16-10.wpd 6 2010-72 20. 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 GFR Enterprises, Inc. 434 N. Second Avenue Upland, CA 91786 Attn: Felix Robles 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 20. 21. Estoooel 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. 22. Applicable Law: This Agreement shall be construed and enforced as provided in California law. 23. Suoerseding 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 ofthis Agreement shall continue in full force and effect. 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 F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Final- Agreement 4-16-tO.wpd 7 2010-72 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. 24. 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. 25. Attornevs 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. 26. Paragraoh 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. 27. Construction: In all cases, the language in this Agreement shall 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. 28. Survival: Each and every covenant in this Agreement shall survive the execution and delivery of this Agreement for the benefit ofthe parties. 29. 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. 30. Severability: Every provision of this Agreement is and shall be construed to be a separate and independent covenant. Without limiting the effect of paragraph 30, 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 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. The parties shall negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 31. 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. F:\EMPENOIDeve1opment ServicesIReagan ParkIReagan Park - Final- Agreement 4-16-IO.wpd 8 2010-72 32. Counteroarts: 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. 33. Incorooration of Recitals: The "Recitals" in this Agreement are material and are incorporated by reference as though fully set forth hereof. 34. Exhibit: The Exhibits to this Agreement are incorporated by reference as though fully set forth herein. 35. Amendment: No amendment or waiver of any term ofthis Agreement shall be binding on the City unless and until it has been approved and executed by the City or on the Developer unless and until it has been executed by the Developer. 36. 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. 37. Time of Essence: Time is of the essence ofthis Agreement. 38. Previous Agreement and Amendment. The 2006 Park Dedication and hnprovement Agreement and 2007 Amendment is hereby terminated. SIGNATURES FOLLOW F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Final- Agreement 4-16-IO.wpd 9 2010-72 PARK DEDICATION AND IMPROVEMENT AGREEMENT By: BERNARDINO r ATTEST: By:~~h.~ achel Clark, City Clerk DEVELOPER GFR Enterprises, Inc. By: -;1; / rUt/ Name: Ppli7~Tr1n Rnhlp9~ Ir Title: President APPROVED AS TO FORM: James F. Penman, City Attorney BY:~~ Exhibit "A" - President Ronald Reagan Park Site Exhibit "B" - Phase I hnprovements Scope of Work Exhibit "c" - Grant Deed Template Exhibit "D" - Phase I hnprovements Budget F:\EMPENOIDevelopment ServicesIReagan ParkIReagan Park - Final - Agreement 4-16-IO.wpd 10 2010-72 ~ ,,( ,/ ~ ~ .~ -:; Proposed Park Improvements (See Detail "A" Below) No Scale 0 ,; > ,. <: 0 g E . . ~ i" Vi 0 ,; <: 5th St. c E . > ,; > '" Mill St. . o c o u . "- Qron e Show Rd. ~ .. . o VICINITY MAP Detail H A" (N.T.S.) 1,..1.-:' ,~ PROPOSED PARK 91o~ 1- IMPROVEMENTS ve. I EXHIBIT "A" - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION LOCATION OF PROPOSED PARK IMPROVEMENTS Proposed Park Improvements - Southerly of Irvington Avenue, Westerly of Chestnut Avenue Created by: LO:5z/o F oQO:5:5Y Date: 01--/,)-iO 2010-72 EXHIBIT "B" PARK DEDICATION AND IMPROVEMENT AGREEMENT CITY OF SAN BERNARDINO AND GFR ENTERPRISES, INC. PHASE 1 IMPROVEMENTS - SCOPE OF WORK The Developer shall complete the following: I. Have a civil engineer and surveyor stake elevations as per the approved plans date 06/06/07. 2. Rough grade the site, including removal of all but the one tree, which will be protected in place. 3. Provide and install tubular steel fence as per detail F, sheet 10 of the approved plans. 4. Protect the existing utility box in place. 5. Protect the existing sidewalk in place. 6. Install the irrigation system for Phase 1 landscaping, with "stub-outs" for future improvements. The irrigation system will include the furnishings, installation and testing of all mainline points of connection, lateral lines, risers and fittings, and the furnishings and installation of sprinkler heads, controllers, electric and manual control valves excavation and backfill, and all other labor and materials necessary to provide a complete irrigation system as reasonably implied by the drawing specifications and details on the approved plans. Note: The irrigation lines in Phase I will be installed next to the sidewalk. When the City commences construction of Phase 2 improvements, the main line next to the sidewalk will remain in place. Lateral lines will be extended from the main lines as needed to complete the Phase 2 improvements. 7. Final grade clearing of all rocks, followed by compaction, after installation of the irrigation system. 8. Hydro seed the entire site with dwarf tall fescue seed mix. Scope of Work Page 1 of2 2010-72 The City shall complete the following: I. Conduct a pre-construction meeting with the Developer. 2. Issue the Notice to Proceed and all required permit(s). 3. Provide Public Works and Parks, Recreation, and Community Services inspections as required. 4. Make periodic payments as per Exhibit "D" as Developer submits payment requests including 5% for General and Administrative costs. 5. Upon completion ofthe Improvements to the satisfaction of the City Engineer, the City shall accept and record the Grant Deed from the Developer in the form as shown on Exhibit "c" and the City shall file and record a Notice of Completion for the Phase I Improvements. 2010-72 EXHIBIT "c" REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North "D" Street San Bernardino, CA 92418 APN: @ File No. @ SPACE ABOVE FOR RECORDER'S USE GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, @,hereby grants to the CITY OF SAN BERNARDINO, a municipal corporation, the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF @ By: Date: By: ACKNOWLEDGEMENT OF GRANTOR(8): COUNTY OF ) ) 8.S. ) STATE OF CALIFORNIA On before me, Notary Public. personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person( s) , or the entity on behalf of which person( s) acted, executed the instrument. I certifY under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si!!llature 2010-72 EXHIBIT "c" CERTIFICATE OF ACCEPTANCE This is to certifY that the interest in real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF SAN BERNARDINO By: City Clerk Date: . 2010-72 Exhibit 0 President Ronald Reagan Park Budget & Payment Schedule Total Budget Summary StandarclPark Park- Additional Engineering Developer General & Admin. Costs Contingency $317,194.20 122,539.93 14,000_00 23,761.07 21,487.28 $498.982.48 GFR Spent to Date Estimated Cost to Complete Park 61,558.93 7,506.21 $317,194.20 60,981.00 6,493.79 23,761.07 21,487.28 $429,917.34 $69,065.14 GFR's Unpaid Obligation Fees deferred from Tract 16795 Less: GFR Spent to Date GFR's Unpaid Obligation $185,273.41 (69,065.14) $116,208.27 Cost to City to Complete Park Estimated to Complete Park Less: GFR's Unpaid Obligation Cost to City to Complete Park $429,917.34 ( 116,208 .27) $313,709.07 Pavment Schedule: Draws will be submitted to the City based on the following relative completion of the project: Submittal One Submittal Two Submittal Three Submittal Four Submittal Five Copy of Reagan Park -Exhibit E 041510 REV TO D 041510 25.00% 25.00% 25.00% 15.00% 10.00% 100.00% 4115/2010 2:44 PM