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HomeMy WebLinkAbout05.G- Public Works RESOLUTION(ID# 1623) DOC ID: 1623 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Nadeem Majaj M/CC Meeting Date: 04/02/2012 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 5 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Dedicating and Accepting Campus Parkway Between Kendall Drive and Northpark Boulevard and Approving the Filing of a"Notice of Completion". Financial Impact: There is no financial impact due to this action. Motion: Adopt Resolution. Synopsis of Previous Council Action: 04-05-04 Resolution No. 2004-295 adopted authorizing the Mayor to execute a Grading © Agreement with Watson & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. 12-05-05 Resolution No. 2005-407 adopted approving Amendment No. 1 to Grading Agreement with Watson & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. 06-07-10 Resolution No. 2010-129 adopted authorizing the execution of a Real Property Exchange Agreement with the San Bernardino County Flood Control District and the execution of a grant deed for the exchange of City owned parcels of real property generally located northerly of Campus Parkway, between Kendall Drive and Northpark Boulevard in the City of San Bernardino. Background: On April 5, 2004, the Mayor and Common Council approved a Grading Agreement with Watson & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard (Attachment 1). On December 7, 2005, the Mayor and Common Council approved Amendment No. 1 to the Grading Agreement(Attachment 2). Section 16, titled "Acceptance of Work"under i the operative provisions of the Grading Agreement, provides that "upon completion of the improvements to the satisfaction of the City, the improvements and the Campus Parkway right- Updated:329/2012 by Henry Empeno Jr.B - Packet Pg. 299 1623 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." In exchange for the grading, the City assumed responsibility for the street improvements, such as the paving,curbing, sidewalk, street lights,drainage, and traffic control. The developer completed the grading in early 2006, and the City completed the construction of Campus Parkway between Kendall Drive and Northpark Boulevard on August 1, 2006. All improvements were installed in accordance with the Plans and Specifications, except for flood control fencing and concrete paving, which were required by the San Bernardino County Flood Control District (District). These items could not be completed in accordance with the plans and specifications, due to a pending exchange of property between the City and the District. The exchange was authorized by the Mayor and Common Council on June 7, 2010, and the dedication of land was recorded on August 11,2010 (Attachment 3). 1 The City has accepted the responsibility for the permit, originally issued to the Developer by the District, as of January 20, 2011, and is in the process of completing the fencing, access road, PCC pavement, and slope paving at Northpark Boulevard. All the fencing work is the responsibility of the City under both the Grading Agreement and Amendment No. 1,which were approved by the Common Council. The outstanding work is expected to be completed in approximately four months. Watson & Associates is now requesting that the work that they completed be formally accepted by the Mayor and Common Council in accordance with Section 16 of the Grading Agreement in order to release them from liability and responsibility under Section 17. The Real Property Exchange Agreement (Attachment 3) was recorded on August 11, 2010, and the "Notice of Completion' (Attachment 4) was recorded on August 2, 2006. Since these documents have already been recorded, staff is requesting that the Mayor and Common Council formally approve these documents. City Attorney Review: Suouortinu Documents: reso 1623 (PDF) Attach 1 -Watson Grading Agreement 2004-095 (PDF) Updated:3/29/2012 by Henry Empeno Jr.B 1623 (� Attach 2 -Amend#1 Watson Grading Agreement 2005-407 (PDF) �r Attach 3 -Real Property Exchange Agreement with FCD (PDF) Attach 4- Campus Parkway Notice of Completion 08-01-06 (PDF) i i i i Updated:3/29/2012 by Henry Empeno Jr.B 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DEDICATING AND ACCEPTING CAMPUS PARKWAY 3 BETWEEN KENDALL DRIVE AND NORTHPARK BOULEVARD AND 4 APPROVING THE FILING OF A NOTICE OF COMPLETION. r m 5 WHEREAS, on April 5, 2004, Resolution No. 2004-295 was adopted approving a Grading Agreement with Watson & Associates for grading of Campus Parkway between a 6 Kendall Drive and Northpark Boulevard; a E 7 WHEREAS, on December 5, 2005, Resolution No. 2005405 was adopted approving 8 Amendment No. 1 to Grading Agreement with Watson & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard; S 9 10 WHEREAS,all work required by said Grading Agreement was completed on August 1,2006,in accordance with requirements of the City; 11 WHEREAS, on August 2, 2006, a "Notice of Completion" was recorded in the 12 Official Records of the County of San Bernardino verifying the completion of construction of u Campus Parkway from Kendall Drive to Northpark Boulevard and Installation of a Traffic 13 Signal at Kendall Drive and Campus Parkway; o C 14 s G WHEREAS, on June 7, 2010, Resolution No. 2010-129 was adopted authorizing the 15 execution of a Realty Property Exchange Agreement with the San Bernardino County Flood .0 Control District and the execution of a grant deed for the exchange of City owned parcels of 16 real property generally located northerly of Campus Parkway, between Kendall Drive and 17 Northpark Boulevard in the City of San Bernardino; 18 WHEREAS, Section 16 of said Grading Agreement requires that upon completion of the improvements to the satisfaction of City, the improvements and the Campus Parkway 2 19 right-of-way in the ownership of the Developer shall be presented to the San Bernardino 1 20 Common Council for dedication and acceptance and for authorization to file a Notice of Completion;and M 21 WHEREAS, Watson & Associates offered its interest in Campus Parkway between N 22 Kendall Drive and Northpark Boulevard for dedication and requests that the City formally 23 dedicate and accept Campus Parkway between Kendall Drive and Northpark Boulevard and approve the "Notice of Completion" as recorded in the Official Records of the County of San 24 Bernardino on August 2, 2006. E E U N 25 26 27 28 Packet Pg. 302 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO DEDICATING AND ACCEPTING CAMPUS PARKWAY 2 BETWEEN KENDALL DRIVE AND NORTHPARK BOULEVARD AND APPROVING THE FILING OF A NOTICE OF COMPLETION. 3 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 1, 4 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3 5 SECTION 1. That the dedication of Campus Parkway between Kendall Drive and a 6 7 Northpark Boulevard as recorded in the Official Records of the County of San Bernardino on m ci 8 August 11, 2010, is hereby accepted and said Campus Parkway between Kendall Drive and t a 9 Northpark Boulevard is hereby accepted into the maintained roadway system of the City of 10 San Bernardino. rdino. � 11 SECTION 2. The "Notice of Completion" for the construction of Campus Parkway S I 12 13 between Kendall Drive and Northpark Boulevard as recorded in the Official Records of the in 14 County of San Bernardino on August 2,2006,is hereby approved. o 6 15 /// d 16 17 18 o 19 20 21 0 22 23 e 24 25 a 26 /Il 27 28 /Il �• I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO DEDICATING AND ACCEPTING CAMPUS PARKWAY BETWEEN KENDALL DRIVE AND NORTHPARK BOULEVARD AND 3 APPROVING THE FILING OF A NOTICE OF COMPLETION. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting a 6 0 thereof,held on the_day of 2012,by the following vote,to wit: E 7 U 8 Council Members: AYES NAYS ABSTAIN ABSENT c 9 a MARQUEZ 10 a JENKINS c 11 12 VALDIVIA _ `- U 13 SHORETT o c © 14 KELLEY 2 15 JOHNSON 0 d 16 MCCAMMACK 17 O 18 C 19 Georgeann Hanna, City Clerk 2 d 20 The foregoing Resolution is hereby approved this day of 2012. M 21 O 22 Patrick J. Morris,Mayor ` 23 City of San Bernardino w E 24 Approved as to form: u James F. Penman, 25 City Attorney a 26 By: 27 28 5.G.b 2004-95 Attachment"1" GRADING AGREEMENT T A This Grading Agreement ("Agreement") is entered into effective April 5 , 2004, Y between the City of San Bernardino, a Municipal Corporation, ("City') and Watson & a Associates,a California Corporation("Developer"). N a RECITALS rn 1. On June 2, 2003, the Developer entered into an Agreement with the City of San `- Bernardino Redevelopment Agency to purchase real property ("University Park") in the v municipal limits of the City,which is depicted and more particularly described as Exhibit a "A v c R 2. The Developer intends to use its reasonable best efforts to develop the University Park c property as a quality residential project, a quality shopping center which will contain U stores, shops and restaurants, and an officettechnology business park. 0 3. The City has adopted the San Bernardino Development Code ("Code') establishing o various development impact fees to offset the cost of development of City infrastructure. 0 N 4. On May 6, 2003,the Planning Commission approved Tentative Tract Map No. 16509 and Conditional Use Permit No. 03-06, the Developer's proposal to subdivide approximately 117 acres into 158 lots (including two easement areas proposed to be reserved for the ID City of San Bernardino Municipal Water Department) for development of 153 single family homes with said residential development abutting a portion of Campus Parkway. o e 5. As a condition of approval to Tentative Tract Map No. 16509 and Conditional Use N Permit No. 03-06, the Planning Commission required the Developer to contribute $35,000 toward the cost of off-site"fair share"improvements based on the Traffic Impact E Analysis, and required the Developer to pay a Traffic Systems Fee in the amount of w $40,833 for the 153 single family homes to be constructed as part of University Park. rn a M 6. In an additional condition of approval to Tentative Tract Map No. 16509 and Conditional v Use Permit No. 03-06, and subject to the approval of an Agreement by the Mayor and 2 Common Council, the Planning Commission allowed the Developer to provide C engineering design, soil and compaction, and grading of the entire right-of-way for 0 Campus Parkway from Kendall Drive to Northpark Boulevard, estimated to cost in 3 excess of$411,000, in exchange for a credit (relieved of the requirement to pay) in an amount not to exceed $275,000, which includes the above mentioned Fair Share Traffic Improvements Fee of$35,000, the Traffic Systems Fee of$40,833, and any future Fair Share Traffic Impact Fees and Traffic Systems Fees, which may result from future commercial development of the remaining 22 acres of University Park, provided the Developer conducts and completes the following: E L U a.) Redesigns the existing plans for the alignment of Campus Parkway at its approach to Northpark Boulevard to connect with CSUSB's planned street(extension of Campus C Packet Pg. 305 i t ' 2004-95 Attachment "I" Parkway)proposed to be located to the northeast of Northpark Boulevard,which will result in an estimated cost savings of$5,000 to the City; 3 b.) Provides soil and compacts said soil in accordance with the above mentioned a redesign to connect Campus Parkway with CSUSB's planned street proposed to be N located to the northeast of Northpark Boulevard, which will result in an estimated 'v cost savings of$50,000 to the City;and E m c.) Grades the entire right-of-way for Campus Parkway from Kendall Drive to S Northpark Boulevard at the same time the Developer grades the abutting residential v project site, which will result in an estimated cost savings to the City of a approximately$356,000 in the cost of grading Campus Parkway. a c m 7. On October 7, 2003, the Planning Commission approved a minor revision to Tentative m Map No. 16509. The minor revision established the subdivision as follows: three lots totaling 4.19 acres(and not a part of the residential subdivision containing approximately 128.85 acres) to be retained for water storage and wells by the City of San Bernardino 0 Municipal Water Department; one lot containing 6.98 acres of future Campus Parkway o right-of-way to be dedicated to the City; one let containing 2.38 acres to be dedicated to the City for a neighborhood park; three open space lots(including the SCE easement lot) containing 25.97 acres to be dedicated to the City for water recharge facilities, natural and sculptured open space, and open space and trails; one lot containing 0.21 acre for M Northpark Blvd. right-of-way and landscape open space to be dedicated to the City; and, the remaining developable land of 93.31 acres. Of the remaining 93.31 acres, approximately 21.63 acres are in seven lots reserved for future development, and o approximately 71.68 acres are in street rights-of-way and the lot areas of the proposed a 153 single family single homes. The revised Tentative Map contains 160 "numbered N lots" to be held in private ownership. The remaining lots intended for public ownership 1� are identified as"lettered lots"(Lots A through L)or illustrated as street right-of-way. E d v IN CONSIDERATION of the mutual covenants and conditions, which are provided in a this Agreement,the parties agree as follows: a OPERATIVE PROVISIONS c� c 1. Term: Unless earlier terminated as provided in this Agreement, this Agreement will °w commence on the Effective Date and will continue until 12 years from the Effective Date. 2. Design and Construction of Improvements:Developer shall use its best reasonable efforts r to complete the redesign of Campus Parkway, importation of fill, compaction of fill, and grading of all portions Campus Parkway between Kendall Drive and Northpark a Boulevard(hereafter collectively referred to as"Improvements")to the specifications and standards of the City Engineer on or prior to August 18, 2004, subject to extension for E force majeure including, without limitation, inclement weather, unavailability of labor or materials, and other causes beyond the sole control of Developer. The Developer shall pay City for the inspection of said Improvements. The plans and specifications, design, a -2- Packet Pg. 306 S.G.b 2004-95 Attachment"I" construction and installation of the Improvements shall be subject to the review and approval of the City Engineer in his/her sole discretion. 3 3. Permits: The Developer shall secure and pay the cost of all required permits. The City e shall not reimburse the Developer the cost of securing the permits or the costs of permit w fees. E E M 4. Coordination of Grading- The Improvements to Campus Parkway shall be coordinated U and completed at the time of grading by the Developer of the residential portion of c University Park abutting Campus Parkway. ° U U 5. Credits: In the event the Improvements are completed to the satisfaction of the City v Engineer and in compliance with the terms of this Agreement, the Developer shall be m credited towards the payment of development impact fees in an amount not to exceed m $275,000 in Fair Share Traffic improvement Fees and Traffic Systems Fees, including the required Fair Share Traffic Improvement Fee of$35,000 and the Traffic Systems Fee .2 of$40,833 for the residential portion of University Park, and including any future Fair o Share Traffic Impact Fees and Traffic System Fees which may be required as a result of c future commercial development of the remaining approximately I17-acres of the property. m 6. Total Amount of Credits: The total amount of said Credits granted to the Developer shall M not exceed $275,000. 7. Term of Credit Obligation: The City's obligation, under this Agreement, to credit the c Developer for the completed Improvements shall continue for a period of twelve (12) o years from the Effective Date of this Agreement, unless the obligation is sooner satisfied R by credit in the full amount of $275,000 due and owing 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. m m 8. Shortfall of Credits: The City's maximum obligation to credit the Developer shall not rn exceed $275,000. In the event Fair Share Traffic Improvement Fees and Traffic Systems v Fees levied on the development of the property does not exceed$275,000 during the term 2 of this Agreement, the City shall not reimburse or credit the difference to the Developer. 0 0 9. Fees in Excess Credits: In the event Fair Share Traffic Improvement Fees and Traffic Systems Fees levied on the development of the property exceed$275,000 during the term of this Agreement, the City shall not reimburse or credit the difference to the Developer. t The Developer shall be responsible and shall pay to the City any Fair Share Traffic Improvement Fees and Traffic Systems Fees levied on the development of the property, 4 which exceed$275,000. d 10. Bids and Contracts: Developer shall be solely responsible for securing appropriate bids M and awarding the contract for construction and installation of the Improvements in a compliance with all applicable federal, state and local laws. C - 3 - Packet Pg.307': 2004-95 Attachment"1" 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 Y property to measure compliance with approved City plans and specifications, and standards of the City Engineer. m a 12. Mitigation Monitoring Program: In its construction of the Improvements, the Developer m will adhere to the Mitigation Monitoring Program established for Campus Parkway and rn University Park. Q U 13. Indemnification: a v a) With respect to the Developer's performance as provided in this Agreement, the Developer shall defend, indemnify and hold the City and the Economic Development Agency and their officials, officers and employees free and harmless ifrom all claims, causes of action, damages, costs and liability (including, without v limitation, liability arising from injury to persons, including wrongful death and o worker's compensation claims, and damage to property) arising from or related to 0 this Agreement, the Improvements, or Developer's performance under this Agreement, except as to claims, causes of action, damages, or costs caused by the N sole active negligence or intentional acts of City. b) Included, without limitation, 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 c indemnification and all of the associated attorneys fees and court costs. Without e limiting the effect of the foregoing, the Developer shall have the right to defend N against any claim with respect to which it is indemnifying the City, using legal counsel of its choice. The City shall cooperate with the Developer and shall give £ the Developer its full support in connection with any claim with respect to which v the Developer is indemnifying the City. a rn c) Developer shall require all persons doing work on the Improvements, including �`- their contractors and subcontractors, to obtain and maintain insurance of the types 2 and in the amounts described below and in a form and with carriers satisfactory to City. 0 A 1. Commercial General Liability Insuran ce: Occurrence version 3 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 a separately to this Agreement or be no less than two times the c occurrence limit. Such insurance shall: E L U i) Name City and the Economic Development Agency,their elected 2 officials, officers, employees and agents as additional insureds -4- Packet Pg. 308 2004-95 Attachment "1" 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. Y `m ii) Be primary with respect to any insurance or self-insurance . programs covering City or the Economic Development Agency, 'o their elected officials,officers,employees and agents. U rn iii) Contain standard separation of insureds provisions. 5 Q 2. Business Automobile Liability Insurance: Business automobile a liability insurance or equivalent forth with a limit of not less than e $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 .2 with statutory limits and employers' liability insurance with limits of o not less than$1,000,000 each accident shall be maintained, o 4. Other Insurance Requirements: Developer shall: N d rr i) Prior to taking any actions under this Agreement, furnish City M © 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. v 0 0 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 E Developer's contracts with its contractor(s) to construct the Improvements in accordance v with a public works contract as defined in Sections 1720 and 1720.2 of the California a Labor Code. The Developer and City agree that Campus Parkway is not a part of the rn development of the abutting private property, and is not a part of University Park. The a Developer agrees that the Improvements in the proposed right-of-way of Campus 2 Parkway 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 y the Improvements within Campus Parkway. 3 15. Contractor Licenses: All work performed on the Improvements shall be done only by t contractors licensed in the State of California and holding business licensees in the City c, of San Bernardino, and qualified to perform the type of work required. a 16. Acceptance of Work: Upon completion of the Improvements to the satisfaction of E City, the Improvements and the Campus Parkway 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 a -5 - _ Packet Pg. 309 5.G.b 2004-95 + Attachment "1" 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 Y 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 a contract documents that City would have had if City itself had engaged Developer's a contractor to construct the Improvements. E U 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 a negligent acts or omissions, and for all damages or injuries to any person or property at v 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. .2 18. Guarantee: Developer shall post a warranty bond for the entire site in form and content o acceptable to the City, guarantee all work and materials for the Improvements to be free o from all defects due to faulty materials or workmanship for a period of one (1) year after S the date of formal acceptance of the work by City. N 0 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 0 drawings. o 0 20. Ownership of the Improvements: From and after acceptance of the Improvements and the dedication and acceptance of Campus Parkway right-of-way by formal action of the o Common Council,ownership of the Improvements and street right-of-way shall be vested exclusively in City. 21. Default by Developer: If the Developer fails to perform any of its obligations as provided c in the Agreement and fails to cure its nonperformance within 30 days after notice of m 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 °m 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. L I v A 22. Default by Ci[y: 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 E 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 reasonable be a 6- Packet Pg. 370. 2004-95 Attachment"1" cured within 30 days, then the City shall not be in default if it immediately commences and thereafter diligently continues to cure its failure. i Y 23. Negation of Agency Joint Venture or Partnership: The parties acknowledge that in a 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 a venture or partnership among or between them and agree that nothing in this Agreement m shall be construed as making them joint ventures or partners. c 24. Notices and Other Communications: All notices or other communications which are a required or permitted to be given to the parties shall be in writing and shall be given a either by personal service or by mailing the same certified or registered mail, postage v prepaid, return receipt requested, or overnight mail delivery service, addressed as follows: c CITY ° d City of San Bernardino 300 North D Street °- San Bernardino, CA 92418 0 Attn:Director of Development Services DEVELOPER Watson&Associates 101 Main Street ° Seal Beach,CA 90740 °o N 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 m mail, then it shall be deemed given as of the date of receipt or rejection. Addresses, to which 2 notices or other communications may be delivered, may be changed from time to time by a written notice,which is given as provided in this Paragraph 24. a m 25. Applicable Law: This Agreement shall be construed and enforced as provided in t� California law. M 26. Superseding State or Federal Law: If any state or federal law or regulation which is 3 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 Q suspended only to the extent and for the time necessary to achieve compliance with that law, regulation or other govemmental action and the remaining provisions of this d Agreement shall continue in full force and effect and the parties shall negotiate in good £c 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 a governmental action. On the repeal of any such law, regulation or other governmental - 7- PackeYPg. 311. S.G.b 2004-95 Attachment "1" 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 x entered into as a result of any such law, regulation or other governmental action, shall a terminate. w a 27. Venue: Any legal action with respect to this Agreement shall be brought in San Bernardino R County Superior Court or in the United States District Court for the Central District of California. ` a v 28. Attorneys' Fees: If legal action is taken to enforce or interpret any provision of this a Agreement, then the prevailing party in that action shall be entitled to recover from the v losing party all attorneys' fees,court costs and necessary disbursements in connection with m 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 attorneys' fees for the purpose U of this Agreement. m 29. Paragraph Headings: The paragraph headings of this Agreement are for convenience only o and are not a part of and are not intended to govern, limit or aid in the interpretation of any provision of this Agreement. 30. 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. m 31. Survival: Each and ever covenant in this Agreement shall survive the execution and 0 c delivery of this Agreement for the benefit of the parties. c 32. Calendar Periods: All references in this Agreement to "years", quarters", "months", and E "days"will be deemed to be references to calendar years,quarters,months,and days. d m 33. 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 some 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, shall 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 shall negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its intent, notwithstanding s such invalidity or unenforceability. a 34. 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 E the intent of this Agreement can be attained. m a - 8- Packet Pg. 312 2004-95 Attachment "1" 35. 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 shall constitute one and the same agreement. Y M 36. Incorporation of Recitals: The "Recitals" in this Agreement are material and are . incorporated by reference as though fully set forth herein. @ 37. Exhibits: The Exhibits to this Agreement are incorporated by reference as though fully set L) rn forth herein. ` a d v 38. Amendment: a No amendment or waiver of any term of this Agreement shall be binding on the City unless a 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. m 39. Assignment: This Agreement shall not be assigned without the written consent of the v parties hereto, and any assignment without such written consent shall be void and m c ineffective. o 40. Time of Essence: Time is of the essence of this Agreement. c @ @ M SIGNATURES FOLLOW rn 0 e 0 0 N C d E d d O7 Q D1 C 9 (7 C O N M 3 t U @ Q C d E z U @ Q -9 - 2004-95 Attachment "1" GRADING AGREEMENT T 3 Y CITY N J CITY OF SAN BERNARDINO £ m U m C a d u By: 4 u th Valles, Mayor m ATTEST: u 'v d / o By: lb ce.e2My 00- rtyClem 0 APPROVED AS TO FORM AND LEGAL CONTENT: z" M N b N By: o s F. Penman,City Attorney °o 0 N C d E DEVELOPER v m Watson &Associates, m A California Corporation 'S m t7 c 0 By' 3 Name: fs WA-4r1)a t Title: {�iue/a tiC�v�/S a c v E z u m - 10- Pack et r� CITY OF SAN BERNARDINO PROJECT: ITT 16509 PLANNING DIVISION CUP 03-06 LOCATION MAP LAND USE DISTRICTS HEARING DATE: VIP W'm r, 4. Jil�i�,i r♦n �♦•I��♦♦ O'�'• y�ip� ♦'`'OQ�i'� l�ri••• • • 00• �.r.��1,rat ,r•�•♦•y11• �1�•, �rP `i1i° •11i�i'nlit'0°y�►1� 0. �`�` 1.O�..ti ♦1 �u..♦ X1,110�. � Ji�O.u�il,✓� � r w" • S.G.c 2005-401 ORIGINAL Attachment"T' C' AMENDMENT NO. 1 TO GRADING AGREEMENT 3 Y This Amendment No. 1 to Grading Agreement ("Amendment No. 1") is entered into effective a this 14L day of Jkttgot tAt- 2005, between the City of San Bernardino, a Municipal Corporation, ("City') and Watson & Associates, a California Corporation ("Developer'). U rn RECITALS .a m U 1. On April 5, 2004, the Mayor and Common Council adopted Resolution No. 2004-95 a approving a Grading Agreement with Watson & Associates for Campus Parkway A between Kendall Drive and Northpark Boulevard, said "Grading Agreement" authorizing rn Watson & Associate's to perform the rough grading for the Campus Parkway project in - exchange for waiver of certain development fees. v m 0 2. At the time of adoption of Resolution No. 2004-95, the City Engineer, Developer, and o Engineer of Record estimated that the cost to the Developer and benefit to the City for the Developer to provide engineering design, soil and compaction, and grading of the entire o right-of-way for Campus Parkway from Kendall Drive to Northpark Boulevard would exceed $411,000 and be approximately $630,000; and, in exchange for said benefit the City granted a fee waiver credit to the Developer in an amount not to exceed $275,000 for Fair Share Traffic Improvement Fees and Traffic Systems Fees which may result from development of the 134 acres known as University Park (Tentative Tract No. o Y i © 16509), which included possible future commercial development of 22 acres of o University Park. o° c 3. On January 10, 2005, the Mayor and Common Council adopted Resolution No. 2005-7 E awarding a contract in the amount of $2,181,877.00 to Malich Corporation for d construction of Campus Parkway(SS O4-01) and installation of a traffic signal at Kendall a Drive and Campus Parkway(TC 04-07)per Plan Nos. 10952 & 10232 ("Project'). 'v m 4. In late August of 2005, all work identified in the original Grading Agreement was completed by the Developer. N m 5. On September 6, 2005, a"Notice to Proceed" was issued to Matich Corporation for start 3 of construction of"Project". _ a c 6. In October of 2005, during construction on "Project" in the vicinity of Northpark E Boulevard, it was determined that approximately 15,000 cubic yards of additional grading would be desirable to elevate and to complete the new intersection of Campus = Parkway and Northpark Boulevard at an estimated additional cost of $204,850, said additional grading not having been anticipated and included in the scope of work and a rough grading plans for the original "Grading Agreement". v E 7. In October of 2005, during construction in Northpark Boulevard, it was determined that a 30" San Bernardino Municipal Water Department (SBMWD) waterline had been 4 - 1 Packet Pg. 316 2005-407 Attachment"2" installed shallower than anticipated by the street design, resulting in less than the minimum cover of 2.5 feet per SBMWD standards. x 8. In October of 2005, Transtech Engineers, Inc., engineers of record for the project, presented a revised plan to raise the elevation of Northpark Boulevard to provide E additional minimum clearance for a newly installed City water line on Northpark E Boulevard and provide additional elevation to the Northpark Boulevard approach to the o intersection with Campus Parkway, said revisions resulting in approximately 5,000 cubic `- a yards of additional grading at an estimated additional cost of$84,460. v a 9. As of November 1, 2005,the Developer has spent in excess of$1,000,000 to rough grade Campus Parkway and the intersection of Northpark Boulevard and Campus Parkway in rn compliance with the Grading Agreement adopted by City on April 5, 2004, a sum `- significantly in excess of the estimated cost of$630,000. v d 10. Whereas, Developer is proposing to develop additional commercial and residential o parcels southerly of Northpark Boulevard westerly of University Parkway, said 2 development being referenced as Conditional Use Permit No. 05-10 for a shopping o center, Tentative Tract No. 17703 (formerly a part of Tentative Tract No. 16509) to create lots for a mixed-use development of retail, office and residential uses (also known as The Commons at University Park); Tentative Tract No. 17699 (formerly a part of Tentative Tract No. 16509) to create a condominium subdivision for 22 mixed-use iivetwork detached homes (also known as the "Artist Colony"); Tentative Tract Map No. o 17716 to create lots for 34 single family detached homes (also known as Pine Avenue Greenbelt Homes); and Tentative Tract No. 16963 to create lots for 77 single family N detached homes(also known as West Ridge Homes). E 11. Whereas, Developer has agreed to participate in the cost of the additional grading and d increase Developer's contribution by$200,000 towards the cost of the additional grading a subject to being granted an additional credit not to exceed $200,000 towards certain Traffic Systems Fees and Fair Share Traffic Impact Fees for Tentative Tract Nos. 16509, 6 17703, 17699, 17716,and 16963. C 0 IN CONSIDERATION of the mutual covenants and conditions, which are provided in " this Amendment No. 1,the parties agree as follows: 3: ie OPERATIVE PROVISIONS c E E (a) The Grading Agreement is hereby amended by replacing Sections 1 through 9, inclusive, a with the following text in its entirety, as set forth below. r U 1. Term: Unless earlier terminated as provided in this Amendment No. 1 to Grading a Agreement, this Amendment No. 1 will commence on the Effective Date and will continue until 12 years from the Effective Date. E U U a -2 - 2005-407 Attachment"T' 2. Improvements: City, through its contractor, Matich Corporation, shall use its best efforts to complete the importation of additional fill, compaction of additional fill, x and grading of all remaining portions of Northpark Boulevard between Campus a Parkway and University Parkway ("Improvements") to the specifications and standards of the City Engineer in a timely manner, subject to extension for force majeure including, without limitation, inclement weather, unavailability of labor or materials, and other causes beyond the sole control of Developer. n (a) Fill Material: The Developer shall make available to the City's Contractor from o its property in the vicinity of the southwesterly comer of University Parkway and a Northpark Boulevard sufficient suitable roadway fill material to create fills contemplated in Item 2 above. m 3. Permits: The Developer shall not be charged and the City shall not charge for permits required to complete the Project, if any. o C 4. Coordination of Grading: The City shall coordinate the importation of fill and °- additional grading improvements, to the extent practicable, with the work being done o by the Developer of the residential portion of University Park abutting Campus Parkway. ; N 5. Credits: The Developer shall be credited an amount not to exceed $475,000 toward the Developer's required payments of Fair Share Traffic Improvement Fees and o Traffic Systems Fees, representing an increase of$200,000 more than the previously N approved sum of$275,000, applicable to Tentative Tract Nos. 16509, 17703, 17699, R 17716, and 16963. d E 6. Total Amount of Credits: The total amount of said credits granted to the Developer d shall be $200,000 plus the obligation under the original Grading Agreement of a $275,000 for a total not to exceed obligation of$475,000 m n R 7. Term of Credit Obligation: The City's obligation, under this Amendment No. I to Agreement, to credit the Developer for the completed Improvements shall continue o for a period of twelve (12) years from the Effective Date of this Amendment No 1 to 2 Agreement, unless the obligation is sooner satisfied by credit in the full amount of 3 $475,000 due and owing to the Developer under this Amendment No. 1 to # Agreement. After such twelve-year period or credit in full, whichever occurs first, the City's obligation to credit the Developer shall terminate. E a 8. Shortfall of Credits: The City's maximum obligation to credit the Developer shall not N exceed $475,000. In the event Fair Share Traffic Improvement Fees and Traffic Systems Fees levied on the development of the properties does not exceeding a $475,000 during the term of this Amendment No. 1 Agreement, the City shall not reimburse or credit the difference to the Developer. E E u - n �✓ a -3 Packet Pg. 318 5.G.c 2b05-407 Attachment"T' 9. Fees in Excess Credits: In the event Fair Share Traffic Improvement Fees and Traffic Systems Fees levied on the development of the properties exceeds $475.000 Y during the term of this Agreement, the City shall not reimburse or credit the a difference to the Developer. The Developer shall be responsible and shall pay to the City any Fair Share Traffic Improvement Fees and Traffic Systems Fees levied E on the development of the properties,which exceeds$475,000. m (b) Construction: City shall be solely responsible for construction by change order to its a Contractor and installation of the additional grading improvements in compliance with all applicable federal, state and local laws. City shall defend, indemnify and hold U Developer, 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 o in connection with City's construction of the additional grading improvements. `- E U (c) Payment: Within 21 days after execution of this Amendment No. I to Grading o Agreement and in consideration of the terms thereof, Developer shall remit to the City 0 the amount of$200,000. 3 0 (d) All other terms and conditions of the original Grading Agreement shall remain in full force and effect. N O n O E E m v m m c a @ c 0 N A a c m E N s U C U E U U C ¢ 4 PacketPg. 319 2005-40) Attachment"2" AMENDMENT NO. I TO GRADING AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written a CITY v E CITY OF SAN BERNARDINO v" rn c a a U U Q B VdithValles, y: m Mayor .q U ATTEST- 0 BY / v ac el Clark,City ClerkCJ APPROVED AS TO FORM AN E L CONTENT: O y N By: N "Timothy Sabo. Special Counsel E E v m a o, DEVELOPER 5 v @ Watson &Associates, A California Corporation 0 m 3 a By: v E Name: 9^A 9 Sr.J N L Title: a @ E L U Q Packet PgS320 5.G.c Attachment"2" DEvuopmw SERvicEs DEPARTMENT T a.N 3 Y 4Bernar 300 North"D"Street•San Bernardino•CA 92418-0001 Planning&Building 909.384.5051•Fax: 909.384.5080 Public Works/Engineering 909.3845111•Fax: 909.384.5155 www.sbeity.org 0 c W CONTRACT CHANGE ORDER NO. TWO a FILE NO. 1.7007 W.O. d 7007 DATE: DECEMBER 5, 2005 R PROJECT: CONSTRUCTION OF CAMPUS PARKWAY (SS O4-01) AND 5 INSTALLATION OF A TRAFFIC SIGNAL AT KENDALL DRIVE AND CAMPUS PARKWAY (TC 04-07) PER PLAN NOS. 10952 & 10232. m 0 c TO: MATICH CORPORATION 4 P.O. BOX 50,000 ' 0 SAN BERNARDINO, CA 92412 d tr GENTLEMEN: N e You are hereby compensated for performing the additional work as follows: � o v ITEM NO: QTY DESCRIPTION OF CHANGE UNIT —� COST o COST l� Install Parkway Culvert at Station 16 + d 84.02. The price includes removal of existing E 2-1 1 LS curb and gutter, grading, form and pour new parkway culvert and join culvert to existing v- ditch. 7.695.110 ' S 7.69iuU a i ditch. 2-2 1 LS Construct sliver fill and embankment for A North park Boulevard near Campus Parkway, $ 204,850.00 $ 204,850.00 t7 Modify grading on Northpark Boulevard W i between Station 57 + 89 and Station 65 + 50 m as indicated by revision note no. 2 on Sheet 8 x 3 2-3 1 LS of plans. This change will require as 00 $ 8. 600. 4,600.(W a approximately 5,000 cubic yards of additional $ 84, e fill which will be available from the j E _ 1 E University Park LLC site. 2-4 1 LS Removal of sandbags originally placed by $ 1,500.00 $ 1.500.()0 developer. 2.5 I LS Regrade existing subgrade on Campus $ 10,076.37 $ 10,076.371 a Parkway for placement at curb& gutter. 2 6 1 LS Balance planter areas. I S 7,551.99 i A 7,551.991 E ® U 2d its Equipment standby time. $ 17,334.10 S 171334.10 2-8 1 LS Regrade east end of Campus. $1 4,761.48 S 4.761.48 Change Order No.Two Attachment"2" Construction of Campus Parkway (SS O4-01)and Installation of a Traffic Signal at. Parkway (TC04-07) Per Plan Nos. 10952& 10232. T R � 3 2-9 l LS Additional survey. $ 9,532.0 f S 9.532.0 i a Total Cost For Contract Change Order q2 $ 347,900.94 a E *The amounts indicated for the items marked with an asterisk are estimates only. The actual v compensation to the contractor for items identified by an asterisk will be determined on the basis of O c time and materials under terms of the contract. U U Justification a v c n Parkway Drain at Station 16 + 84.02. A slope along the southeasterly side of Campus c Parkway as originally designed was found to outlet against the backside of the curb and 2-1 sidewalk. This arrangement would result in water flowing over die curb and sidewalk .2 during heavy rainstorms. It was consider prudent to add a parkway drain to convey the ( o sloe drainage under the sidewalk and through the curb face. o Construct sliver rdl and embankment for Northpark Boulevard near Campus Parkway. 0 The project as originally bid did not require any rough grading to be done by Matich Corporation. It was the intent of the City's Engineering/Public Works Division that rough grading would be completed as part of the grading being done by University Park LLC in 2 connection with the development of Tract No. 16509. As a result. approxiitiatei) 15.[x10 O cubic yards of rough grading for Northpark Boulevard adjacent to the California State I c University maintenance buildings was not completed. To correct the problem it was agreed that the City would authorize Matich Corporation to complete the rough grading N i and that the City and University Park LLC would amend the grading/reimbursement c agreement to include the additional grading. Matich Corporation will be compensated for , E the cost of this extra work based on time and materials. v Modify grading on Northpark Boulevard between Station 57 + 89 and Station 65 + a 50. rn While the contractor was surveying along Northpark Boulevard, it was found that a 30- i inch waterline installed recently to serve Tract No. 16509 was much too shallow. The shallow depth resulted because of a requirement to stay at least 2.5 feet above an existing c 2-3 108-inch Department of Water Resources (DWR) aqueduct, which is just to the southwest of Northpark Boulevard. SBMWD, the owner of the 30-inch line, agreed that placement of an additional 2.5 feet of fill over their line would be sufficient to protect the line from highway loads. This required raising of the profile for Northpark Boulevard and created a a need for approximately 5,00 cubic yards of additional till. Matich Corporation will be `m compensated for the cost of this extra work based on time and materials a Removal of Sandbags 2-4 To construct the sliver fill, it was necessary to remove the sandbags placed for erosion I t control by Watson Development along Northpark Blvd. Regrade Existing Subgrade on Campus Parkway for Placement at Curb & Gutter a 2-5 The prepared street subgrade did not include the C&G subgrade on Campus Pkwy.l Matich was required to regrade and compact the C&G subgrade on T&M. The work was £ rformed between 9/12/05 and 9/27/05. v Balance Planter Areas 2-6 The median curbs on Campus Pkwy. were built over 0.6 ft. aggregate base placed on the a street subgrade, and resultied in it being necessary to bring in fill dirt to balance within the median curbs. The placement of this fill was done on time and material. Packet Pg. 322 2 5.G.c Change Order No. Two Attachment"2" Construction of Campus Parkway (SS O4-01)and Installation of a Traffic Signal at Ki Parkway (TC04-07) Per Plan Nos. 10952& 10232. Equipment Standby Time 3 A design error was discovered at the east end of Campus Pkwy. with the intersection it a 2-7 Northpark Blvd. There were other issues needing resolution (i.e. storm drain re-design at Kendall end, relocation of a 6" waterline at Kendall end) that made it unproductivz for I a Match to remain on site. They, therefore, pulled out and their equipment was placed on standby. For the standby periods of 1015/05 to 10/7/05 and 10/17105 to 10/21105 the cost rn amounted to 517,334.10. a Reim East End of Campus v 2-8 Following rough regrading by Mesa Contractors at the east end of Campus Pkwy., Matich a had to make fine grade and then reset the line and grade control for C&G (which was I their status when the design error was first discovered. _ M Additional Survey `- 2-9 The hired survey firm put in extra time to provide data required for the redesign of Campus Pkw -North ark Blvd. intersection, and also had to restake to new design plans. m c SUMMARY OF CONTRACT COSTS: o 0 The estimated revised contract cost is as follows: v m Original bid amount ............................................................................... S 2.181.877.00 N Contract Change Order No. One................................................................ S 82.032 ut1 Contract Change Order No. Two ................................................................ S 347,900.9-4 Revised Construction Contract Cost ............................................................ S 2,611,809.94 v°q 0 0 N Additional time to complete contract due to this change order.............................. 60 days c This change order represents 15.95%of the original contract amount. m rn ! a MATICH CORPORATION CITY OF SAN BERNARDINO ° DEVELOPMENT SERVICES Accepted Approved o By' By. m I 3 J MES FUNK Title: zf /"Jrgj rector of Development Services c jDate: /7- /-r°te Date: 11� S OJr a N s APPROVAL BY CITY COUNCIL m Item No. 19 Approval Date: December 5. 2005 I U 1 I 1 PacketPg. 323 9 3 ATTACHMENT "3" i1.nth FOR OFFICIAL USE ONLY off` tJaw Ventlor Coda Dept Contract Number Dhage SC A 10-�O a 3 Cancel ` r Dept. Orgn. Contracwra Ucense No. cu.nac+" m Real Estate Se rvices Department a N Contract Representative Telephone Total Contract Amount o. County of San Bernardino avid H. Slau hter Director 909 387-7813 NIA Flood Control District Contract Type ❑ Revenue ❑ Encumbered ❑ Unencumbered ® Other: Land Ezchanee c F A S If not encumbered or revenue contrail type,provide reesam Commodity Code Contract Stem Date Contract End Date Odglnal Amount Amendment Amoun CONTRACT TRANSMITTAL $ Q Fund Dept Organ"nation Appr. ObjlRev Source GRC/PROJ/JOB No. Amount O c RIFF 092 092 2419 F00852 N/A Fund Dept. Organization APpr. Obj/Rev Source GRCIPROJ/JOB No. Amount c $ U_ Fund Dept. organization Appr. ObyRev Source GRC/PROJ/JOB No. Amount W v $ c Project Name Estimated Payment Total by Fiscal Year °_ Devil Canyon Levee- FY Amount 11D FY Amount 1113 Campus Parkway $ — $ — w N ^CNTRACTOR City of San Bernardino 0 U -ederal ID No. or Social Security No. L Contractor's Representative Ryan Sandoval 3 c Phone 909 384-5057 E Address 300 North"D"Street, San Bernardino, CA l ) � v Nature of Contract: (Briefly describe the general terms of the contract) a m Convey five easements for road purposes across San Bernardino County Flood Control District land m along the Devil Canyon Levee and encompassing approximately 1.27 acres to the City of San Bernardino in exchange for 0.18 acres of land in fee situated within the Devil Canyon Levee system. w Y v a 0 a` m Approved as to Legal Form(sign In blue ink) Reviewed as to contract Compliance - Prose :toBoard for Slgn M ►SEE LAST PAGE OF AGREEMENT ► ► Counsel 5" Date Date Date v E U ry AtdltodControlter-Recorder Use Onl 0 Contract Database 0 FAB Input Date Keyed By Packet Pg. 324 A'T'TACHMENT "Y' 2010-129 T REAL PROPERTY EXCHANGE AGREEMENT Y `m THIS REAL PROPERTY EXCHANGE AGREEMENT (this "Agreement") is entered a N into as of 2010 (the "Agreement Date"), by and between CITY OF SAN 'o BERNARDINO, a municipal corporation and charter city ("Seller") and the SAN BERNARDINO E COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic ('Buyer"). The Seller and a the Buyer are sometimes referred to herein individually as a "Party" and collectively as the "Parties." The Parties hereto have entered into this Agreement with reference to the following v U Recitals: a 'O RECITALS cn m c A. Seller is the owner of that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, and more particularly described on .2 the Grant Deed a copy of which is attached hereto as Exhibit "1" (collectively, the "City o Property"). o B. Buyer is the owner of that certain real property located in the City of San c Bernardino, County of San Bernardino, State of California, and more particularly described on the Easement Documents for PARCEL 39, a copy of which is attached as Exhibit "211, and the Easement Document for PARCEL 40-43 a copy of which is attached hereto as Exhibit "3" (the "District Property"). 0 U C. Subject to the terms and conditions hereof, (i) Seller desires to transfer in fee the L City Property to Buyer and Buyer desires to accept the same; and (ii)Buyer desires to grant 3 easements over, under and across the District Property to Seller and Seller desires to accept the m same. £ d d AGREEMENT a v NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: w T d d ARTICLE 1 0 a PROPERTY EXCHANGE o! 1.1 Exchange. M L (a) Subject to all of the terms and conditions hereof(including, without limitation,the y concurrent grant described in subsection N of this Section 1.1), upon the Closing, Seller agrees a to convey, transfer and assign to Buyer, and Buyer agrees to accept from Seller, all of Seller's right, title and interest in and to the City Property, subject only to the Permitted Encumbrances E applicable to the City Property. U a t PacketPg. 325 ATTACHMENT 9' 2010-129 (b) Subject to all of the terms and conditions hereof(including,without limitation,the concurrent conveyance described in subsection( of this Section 1.1), upon the Closing, Buyer s agrees to grant to Seller, and Seller agrees to accept from Buyer, two grant of easements (the a "Easements") over, under, and across the District Property, as more particularly described in Exhibits "2 & 3", attached hereto, for the purposes described therein, subject to all matters and encumbrances of record affecting the District Property, on the terns and conditions set forth in E this Agreement. (c) The Parties acknowledge that no purchase price shall be due from any Party in m connection with the exchange contemplated herein. The Parties acknowledge further that the fair a market value of each of the City Property and the Easements is Five Hundred Dollars($500.00). m 1.2 AS-IS Transfer/Grant. _ (a) Transfer of City Property. Buyer and Seller acknowledge and agree that the 2 City Property is being accepted in an "AS IS" condition and "WITH ALL FAULTS" as of the o date of this Agreement and the date of Closing. Except as expressly set forth in this Agreement, o no representations or warranties have been made or are made and no responsibility has been or is assumed by Seller or by any officer, person, firm, agent or representative acting or purporting to m act on behalf of Seller as to the condition or repair of the City Property or the value, expense of operation, or income potential thereof, or as to any other fact or condition which has or might N affect the City Property or the condition, repair, value, expense of operation or income potential of the City Property or any portion thereof. Buyer and Seller further acknowledge and agree that o they have relied solely upon their own investigations of the City Property and their own review 0 of such information and documentation as they have deemed appropriate and are satisfied with s_ the opportunity afforded for investigation. Buyer and Seller are not relying upon any statement 3 or representation by Seller or by any officer, person, firm, agent or representative acting or purporting to act on behalf of Seller unless such statement or representation is specifically d embodied in this Agreement or the Exhibits attached hereto. Except as expressly set forth d herein, Seller makes no representations or warranties as to whether the City Property contains a any toxic or hazardous substances, including, without limitation, asbestos, oil, petroleum or petroleum derived substances; any flammable substances or explosives; any radioactive s materials; pesticides; substances defined as "hazardous substances," "hazardous materials," or w "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, o et seq., and those substances defined as "hazardous waste" in Section 25117 of the California a ma Health & Safety Code, as "infectious waste" in Section 25117.5 of the California Health & Safety Code, or as a "hazardous substance" in Section 25316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to said laws, or in = any similar state or local laws, ordinances, rules or regulations ("Hazardous Materials") or pertaining to the extent, location or nature of the same. Further, to the extent that Seller has provided to Buyer any Seller information from any inspection, engineering or environmental reports concerning any Hazardous Materials, Seller makes no representations or warranties with £ respect to the accuracy, completeness, methodology of preparation or otherwise concerning the contents of such reports. Buyer and Seller acknowledge that Seller has requested Buyer to a inspect fully the City Property and investigate all matters relevant thereto and to rely solely upon 2 Packet Pg. 326 ATTACHMENT"3" 2010-129 the results of Buyer's own inspections or other information obtained or otherwise available to Buyer, rather than any information that may have been provided by Seller to Buyer. The terms 3 and provisions of this Section 1.2(a)shall survive Closing hereunder. a 0 (b) Grant of Easement Over District Prop". Seller acknowledges and agrees n that the two grants of casements contemplated herein this Agreement is being granted over, A under,and across the District Property in an "AS IS" condition and "WITH ALL FAULTS" as of rn the date of this Agreement and the date of Closing. Except as expressly set forth in this Agreement, no representations or warranties have been made or are made and no responsibility d has been or is assumed by Buyer or by any officer, person, firm, agent or representative acting or a purporting to act on behalf of Buyer as to the condition or repair of the District Property or the v value, expense of operation, or income potential thereof, or as to any other fact or condition `m which has or might affect the District Property or the condition, repair, value, expense of c operation or income potential of the District Property or any portion thereof. Seller further acknowledges and agrees that it has relied solely upon its own investigations of the District m Property and its own review of such information and documentation as it has deemed appropriate o and is satisfied with the opportunity afforded for investigation. Seller is not relying upon any o statement or representation by Buyer or by any officer, person, firm, agent or representative 3 acting or purporting to act on behalf of Buyer unless such statement or representation is specifically embodied in this Agreement or the Exhibits attached hereto. Except as expressly set forth herein, Buyer makes no representations or warranties as to whether the District Property N contains any Hazardous Materials or pertaining to the extent, location or nature of the same. Further, to the extent that Buyer has provided to Seller information from any inspection, engineering or environmental reports concerning any Hazardous Materials, Buyer makes no LL representations or warranties with respect to the accuracy, completeness, methodology of preparation or otherwise concerning the contents of such reports. Seller acknowledges that Buyer 3 has requested Seller to inspect fully the District Property and investigate all matters relevant thereto and to rely solely upon the results of Seller's own inspections or other information m obtained or otherwise available to Seller, rather than any information that may have been o provided by Buyer to Seller. The terms and provisions of this Section 1.2(b) shall survive a v Closing hereunder, R s ARTICLE 2 K W T CLOSING m a 0 2.1 Closine. "Ihe transfer of the City Property and the grant of easement over the District a` Property contemplated herein shall close (the "Closing") at the offices of the County of San Bernardino Real Estate Services Department on a date designated in writing by the parties (the "Closing Date")which is not more than ten(10)days after the satisfaction or waiver of all of the " conditions precedent to closing contained in Article 5 below, or at such other time, date and U place as the parties shall mutually agree in writing; provided however, that in no event shall the a Closing occur later than sixty (60) days after the last day of the Title Review Period (the "Outside Date"). At the Closing, (a) Seller shall deliver possession of the City Property to £ Buyer,and (b)Buyer shall deliver possession of the District Property to Seller. m a 3 Packet Pg. 327 ATTACHMENT "3' 2010-129 ARTICLE 3 3 Y ACTIONS PENDING CLOSING a N 3.1 Access. From and after the Agreement Date through the Closing, Buyer and Seller, and 'o their respective employees,consultants, contractors and subcontractors(the "Buyer Parties" and m the "Seller Parties," respectfully) shall have the right to enter the City Property and the District Property for the purposes of conducting such investigations, inspections and tests of the City c Property and the District Property as Buyer or Seller deem necessary or desirable. Buyer and Seller (each, an "Indemnifying Party") shall indemnify and hold harmless each of the other a Parties from and against any and all loss, expense, claim, damage and injury to person or a property to the extent caused by the negligent acts of the Indemnifying Party, its employees, `m consultants, contractors and subcontractors on the applicable property in connection with such c entry as contemplated herein;provided,however, the Indemnifying Party shall not be responsible or liable for any act or omission of the other Parties or such other Parties' agents,representatives, employees, contractors, subcontractors or consultants or for any adverse condition or defect on or affecting the property not caused by the Indemnifying Party, its employees, consultants, `g contractors or subcontractors, but discovered or impacted during such inspections. The o foregoing indemnity shall survive the Closing or the earlier termination of this Agreement. 3.2 Title Review. N (a) Each Party is responsible for reviewing the condition of title to the applicable o property. LL s ARTICLE 4 3 v REPRESENTATIONS AND WARRANTIES d 4.1 Representations and Warranties of District. Seller acknowledges and understands that rn the grant contemplated herein is made without any representations or warranties by Buyer, except as follows: (a) Buyer represents and warrants that Buyer is not a "foreign person" within the meaning of Section 1445(1)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); (b) Buyer is the sole owner in fee simple of the District Property and has the right, w capacity, power and authority to enter into and carry out the terms of this Agreement, as further provided in Section 9.1 below; (c) to the best of Buyer's knowledge, there are no pending or o threatened lawsuits, condemnation proceedings, eminent domain proceedings or similar actions or proceedings affecting the District Property or any portion thereof, nor does Buyer know of any a. basis therefore; and (d) except as set forth in the applicable PTR, Buyer has not made any commitment or representation to any government authority, or any adjoining or surrounding property owner, which would in any way be binding on Seller or would interfere, disturb, interrupt or impede with Seller's ability to use the easement for its intended purposes in any way, and will not make any such commitment or representation which would affect the District a Property or any portion thereof prior to the Closing, without Seller's prior written consent. This warranty shall not survive the Closing hereunder. s U N 4.2 Representations and Warranties of Seller. Buyer and Seller acknowledge and a understand that the transfer contemplated herein is made without any representations or 4 Packet Pg.328 ATTACHMENT"Y 2010-129 warranties by Seller, except as follows: (a) Seller represents and warrants that Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Code; (b) Seller is the sole x owner in fee simple of the City Property and has the right, capacity,power and authority to enter a into and carry out the terms of this Agreement, as further provided in Section 9.1 below; (c) to N the best of Sellers knowledge, there are no pending or threatened lawsuits, condemnation proceedings, eminent domain proceedings or similar actions or proceedings affecting the City E Property or any portion thereof, nor does Seller know of any basis therefore; and(d) except as set rn forth in the applicable PTR, Seller has not made any commitment or representation to any `- government authority, or any adjoining or surrounding property owner, which would in any way d be binding on Buyer or would interfere with Buyer's ability to operate and maintain the City a Property in any way, and will not make any such commitment or representation which would affect the City Property or any portion thereof prior to the Closing, without Buyer's prior written s consent. This warranty shall not survive the Closing hereunder. U ARTICLE 5 0 c CONDITIONS PRECEDENT 4 5.1 Conditions Precedent to Seller's Obligation to Close. The following shall be conditions N precedent to Seller's obligation to consummate the transactions contemplated herein, which may be waived in whole or in part by Seller prior to the Closing Date: N (a) Buyer's performance of all of the obligations required to be performed by Buyer under this Agreement, including, without limitation, delivery of all documents and other items required to he delivered by Buyer pursuant to Section 6.2 hereof. LL z (b) Approval or deemed approval by Seller as the Reviewing Party of title to 3 easements in the District Property, as provided in Section 3.2(a)above. m (c) All representations and warranties made by Buyer to Seller in this Agreement o shall be true and correct as of the date such representations and warranties are made. d rn c 5.2 Conditions Precedent to District's Obligation to Close. The following shall be z conditions precedent to Buyer's obligation to consummate the transactions contemplated herein, w which may he waived in whole or in part by Buyer prior to the Closing Date: , t: U (a) Action by the San Berardino County Board of Supervisors, as the legislative o body of the San Berardino County Flood Control District, declaring the Easement no longer a necessary for flood control purposes, which action shall be obtained on or before the Outside Date. tr (b) Approval or deemed approval by Buyer as the Reviewing Party of title to the City Property, as provided in Section 3.2(a)above. a (c) Seller's performance of all of the obligations required to be performed by Seller under this Agreement including, without limitation, delivery of all documents and other items required to be delivered by Seller pursuant to Section 6.1 below. a 5 Packet Pg. 329 ATTACHMENT "3" 2010-129 (d) All representations and warranties made by Seller to Buyer in this Agreement shall be true and correct as of the Closing. Y ARTICLE 6 y a CLOSING DOCUMENTS E U 6.1 Seller's Closing Documents. Not less than one (1) business day prior to the Closing, Seller shall deliver to the Buyer the following: n U (a) Grant Deed executed by Seller, in recordable form, conveying the City Property 9 to Buyer (the "Grant Deed"), free and clear of all claims, liens and encumbrances except the applicable Permitted Encumbrances. Such Grant Deed shall be in the form of Exhibit"I" rn c attached hereto. (b) A Certificate of Acceptance executed by Seller, in recordable form, is part of the o Easements, attached hereto. 0 (c) One (1)original of an affidavit in the form of Exhibit "4" certifying that the Seller .3 0 is not a"foreign person" within the meaning of Section 1445(f)(3)of the Code. (if applicable) (d) An executed California Form 593-C (if applicable). (e) Any other documents, instruments or agreements called for hereunder which have o not previously been delivered. LL L_ 6.2 Buyer's Closine Documents. Not less than one (1) business day prior to the Closing, 3 Buyer shall prepare and have available at its offices,the following: v E (a) Two (2) easements executed by Buyer, in recordable form, granting an easement d over the District Property to Seller(the "Grant of Easement") free and clear of all claims, liens a and encumbrances except the Permitted Encumbrances, Two Easements shall be in the form of c Exhibit"2",and Exhibit"3"attached hereto. r u (b) A Certificate of Acceptance executed by Buyer, in recordable form, is part of the T Grant Deed,attached hereto. a 0 (c) One (1) original of an affidavit in the form of Exhibit"4" certifying that the a District is not a "foreign person" within the meaning of Section 1445(f)(3) of the Code (if 'R 0 applicable). 1X M (d) An executed California Form 593-C (if applicable). (e) Any other documents, instruments or agreements called for hereunder which have a not previously been delivered. e L U N Q 6 PacketPg:330 ATTACHMENT 9" 2010-129 ARTICLE 7 m 3 CLOSING ACTIONS,COSTS AND PRORATIONS x a 7.1 Disbursements and Other Actions by Parties. At the Closing, Buyer shall promptly o undertake all of the following actions: m U (a) Cause the Grant Deed together with the Buyer's Certificate of Acceptance and the m two Grant of Easements together with the Seller's Certificates of Acceptance to be recorded in . the Official Records of the County of San Bernardino and obtain conformed copies thereof for distribution to Seller and Buyer. a a c m (b) Cause Title Company to issue the Buyer's Title Policy to Buyer. (c) Retain for Buyer one (1) set of originals of the documents delivered to Buyer by 9 Seller pursuant to Sections 6.1(d) and(e) above, and deliver to Seller (i) one (1) set of originals o of the documents delivered by Buyer to the Closing pursuant to Sections 6.2(d)and (e)above. `o 7.2 Closing Costs. As provided in Section 3.3 above, Buyer shall pay the premium for its o own Title Policy. No documentary transfer tax is payable upon recordation of the Grant Deed to the Buyer and the Grant of Easements to the City, because the transferees are public agencies. All other costs and fees of this transaction shall be shared equally by the Parties. ARTICLE S LL DEFAULT 5 3 In the event that the Closing does not occur in a timely manner prior to the Outside Date due to the default of a Party hereunder(the "Defaulting Party"), the other Party(the"Non-Defaulting Party")may pursue only one of the following remedies: 0 m (a) terminate this Agreement, in which case the Non-Defaulting Party shall have no further obligations hereunder except the Surviving Obligations; or M r (b) compel the Defaulting Party's performance of its obligations hereunder through an x action for specific performance;provided,however, that the Non-Defaulting Party shall not bring a any action for, and hereby waive any right to, actual damages, lost profits, consequential or d punitive damages, notwithstanding whether the Defaulting Party was informed of the possibility o of such damages or was negligent. a. v ARTICLE 9 M r MISCELLANEOUS a 9.1 Authority. Each individual and entity executing this Agreement hereby represents and warrants that he or it has the capacity set forth on the signature pages hereof with full power and authority to bind the Party on whose behalf he or it is executing this Agreement to the terms hereof. a 7 Packet Pg.331 S.G.d 2010-129 9.2 Entire Agreement: No Waiver. This Agreement is the entire Agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior agreements Y between the Parties with respect to the matters contained in this Agreement. Any waiver, a modification or consent with respect to any provision of this Agreement shall be set forth in writing and duly executed by the Party to be bound thereby. No waiver by any Party of any E breach hereunder shall be deemed a waiver of any other or subsequent breach. rn 9.3 Notices. Any communication, notice or demand of any kind whatsoever which either `- Party may be required or may desire to give to or serve upon the other shall be in writing and m delivered by personal service (by hand delivery or professional messenger service), by Federal a Express or other courier service guaranteeing overnight delivery, charges prepaid, or by registered or certified mail,postage prepaid,return receipt requested,addressed as follows: c If to Buyer: The San Bernardino County Flood Control District u 825 E. Third Street, Room 101 San Bernardino, CA 92415-0835 Attention: Flood Control Engineer o Telephone: (909) 387-7906 0 N With a copy San Bernardino County Real Estate Services to: 825 East Third Street San Bernardino, CA 92415-0832 Attention: Tom Dustin Telephone: (909) 387-7817 ° LL L If to Seller: City of San Bernardino 3 300 North"D" Street,3`d Floor San Bernardino,CA 92418 E Attention: Real Property d Telephone: (909)384-5226 a v m Any Party may change its address for notice by written notice given to the other Parties in the manner provided in this Section. Any such communication, notice or demand shall be deemed to w have been duly given or served (i) on the date personally served, if by personal service, (ii) one r (1) day alter the date of confirmed dispatch, if by telecopier, or (iii) on the date shown on the a return receipt or other evidence of delivery, if mailed. 0 LL 9.4 Further Assurances. The Parties agree to execute and acknowledge such instruments m and agreements and to do such other acts as may be necessary or appropriate to effectuate the purposes of this Agreement. r U 9.5 Severability. Wherever possible, each provision of this Agreement shall be interpreted in a such a manner as to be valid under applicable law, but, if any provision of this Agreement shall be invalid or prohibited thereunder, such invalidity or prohibition shall be construed as if such £ invalid or prohibited provision had not been inserted herein and shall not affect the remainder of such provision or the remaining provisions of this Agreement. a B Packet Pg. 332 2010-129 9.6 Construction; Headings. The language in all parts of this Agreement shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the parties x hereto. Section and Article headings of this Agreement are solely for convenience of reference and shall not govem the interpretation of any of the provisions of this Agreement. rl 3 9.7 Governing Law. This Agreement shall be governed by and construed in accordance with m the laws of the State of California. rn c 9.8 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the Parties hereto and to their respective transferees, successors, and permitted assigns. Notwithstanding the foregoing, this Agreement is solely for the benefit of the Parties a v hereto and shall not be deemed or construed as imparting, or intending to impart, any benefits, @ privileges, or rights under this Agreement upon any other Party. This Agreement is not m assignable without the prior written consent of the other Parties, which may be withheld in such 'u Parties' sole and absolute discretion. v 0 9.9 Exhibits. All Exhibits attached hereto are incorporated by reference. o 9.10 No Partnership. Notwithstanding anything to the contrary contained herein, this N Agreement shall not be deemed or construed to make the Parties hereto partners or joint venturers, or to render either party liable for any of the debts or obligations of the other, and, except to the extent expressly set forth herein, nothing in this Agreement shall be construed as creating any other kind of legal relationship in which one party is entitled or required to act for or on behalf of the other, including, without limitation,that of partner,joint venturer, fiduciary, and U LL beneficiary. E 3 9.11 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute the same document. E d m m a REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY c m r U W T d a 0 a` m v rr M L U A a C d L u a 9 Packet Pg. 333 2010-129 ATTACHMENT"3" Recording Requested.by: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 825 E. THIRD ST. a m SAN BERNARDINO,CA.. x 92415-0835 m a N Mail To: SAME AS ABOVE a E M RECORDER: U Record witlmut fa subject to OovY Code 6103 e Racordetiw required b m plere cheinofntk. a U U U Project:Devil Creek Lev« D.P.No.:2,300/41&42 Q Parcel No:44-46 GRANT DEED AP p:2Dons of ca APN:Portions of Cemous Parkway rn Dept.Code: 11600 &0261-231-25 EXHIBIT 116 1 " Date!Semember212002 v 0 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, °- 0 N U lY City of San Bernardino, a Municipal Corporation N a (do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic,the following described real property in the County of San Bernardino, State of a California: 3 c U See EXHIBIT"A" for Legal Description and EXHIBIT"Bl"& "1121' PIRts E d City of San Bernardino a d rn Date: By: _ x w Name: d 0 Its: a _ _ m d ro M L U _ Q San Bernardino County Flood Control District Acceptance Certificate This is to certify that the Interest in the teat property conveyed by the within instrument to the San Bernardino County Flood E Control District,a body corporate of the Sate of California,arc hereby accepted by the undersigned officer on behalf of said Y District punuent to authority conferred by Resolution#86-156,April 21, 1986 by its Board of Supervisors and the grantee Q consents to the recordation thereof by its duly authorized officer, DATED: _ BY: Packet Pg. 334 ATTACHMENT"3" 2010-129 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. 3 s M SAN BERNARDINO COUNTY FLOOD CONTROL CITY OF SAN BERNARDINO o DISTRICT E e m GARY C. OVITT, Chair n, Board of Supervisors CHARLES E. MCN Y,City Manager U a Date: Date: jN-- c A1113. 9 4 N10 m .q U SIGNED AND CERTIFIED THAT A COPY OF THIS o DOCUMENT HAS BEEN DELIVERED TO THE Attest: 0 CHAIRMAN OF THE BOARD - 0 LAURA H. WELL \ d of Directors • _� RACHEL CLARK,City Clerk � I/1 //� Date:_�-��.s�_ /5 Z.a/0 �- ey ItV "" 0 ° U CIOFI r\r ,mac Date: AUG 2 4 2010 E v m Approved as to Legal Form: Approved as to Form: a m rn c n RUTH E. STRINGER, County Counsel San Bernardino County, California w r 4ES gy. F. PENMAN,City Attorney a Robert Messin r, Deputy San Bernardino o: aa nn M Date: �!/`D�U Date: / foie m Cq a m E L U Q 10 Packet Pg. 335 ATTACHMENT"3" 2010-129 EXHIBIT "A" T A DFSCRB'TION3 s CAMPUS PARKWAY-CITY TO COUNTY PARCELS a N Parcel"A" 'o E m That portion of Lot 15 of Tract No.2404 per plat thereof recorded in Book 34 of Maps, pages 52 and 53,Records of San Bernardino County, State of California,described as c follows: m u u Commencing at the most westerly corner of said Lot 15,thence North 32 009'29"East along the northwesterly line of said Lot 15,a distance of 185.00 feet to the True Point of �, Beginning;thence continuing along said northwesterly line of Lot 15,North 32 009'29" East,a distance of 299.12 feet;thence leaving said northwesterly line South 57°50'31" East,a distance of 23.69 feet to the beginning of a non-tangent curve,concave U southeasterly,having a radius of 1900.00 feet,the radial point of which bears South o m 48°47'03"East;thence southwesterly along said curve,through a central angle of o 9°03'28",an are distance of 300.37 feet to the True Point of Beginning. - O Containing 2,356 square feet more or less. Parcel"B" That portion of Lot 15 of Tract No.2404 per plat thereof recorded in Book 34 of Maps, o pages 52 and 53,Records of San Bernardino County, State of California,described as U follows: L 3 Commencing at the most northerly comer of said Lot 15,thence South 64 055'58"East a along the northeasterly line of said Lot 15,a distance of 25.19 feet to the True Point of E Beginning;thence South 32°09'29 West and parallel to the northwesterly line of said Lot m 15, a distance of 169.27 feet to the beginning of a non-tangent reverse curve,concave a southeasterly,having a radius of 1905.00 feet,the radial point of which bears South 47°39'3T'East;thence northeasterly along said curve,through a central angle of t 5 022'37",a distance of 178.78 feet to said northeasterly line of Lot 15;thence North x 64°55'58"West along said northeasterly line,a distance of 40.12 feet to the True Point W T of Beginning. n 0 Containing 3,119 square feet more or less. a m m r L U A a c v DEVIL CREEK I.HVHB E PARCELS 4446 u DoCa2DG"/07aat M JULY21'm Q Packet Pg. 336 S.G.d 2010-129 EXHIBIT "A" CONT'D Parcel"C" Y m A parcel of land lying within Section 7,(unsurveyed),Township 1 North, Range 4 West, n San Bernardino Base and Meridian,lying within the Rancho Muscupiabe,per plat o recorded in Book 7 of Maps, page 23,records of San Bernardino County,State of E California,and lying within"Parcel One"as described in document to the City of San u Bernardino recorded June 30, 1921 in Book 724 of Deeds,page 8,records of said e County,and described as follows: U U Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its a intersection with the centerline of Deerfield Street,as said street is delineated on the Map of Tract No. 10647,per map thereof recorded in Book 159 of Maps,pages 39 and 40, M records of said County; - U Thence North 32°09'29"Fast, a distance of 225.00 feet to a tangent curve,concave o southeasterly,having a radius of 1850.00 feet;thence northeasterly,along said carve, through a central angle of 19°42'10",a distance of 636.17 feet;thence North 38°08'22" ° West,a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to 0 the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book 8447 of official Records,page 1163,records of said County and the True Point of Beginning; thence along said southeasterly lino,South 63°03'25"West, a distance of 158.77 feet to the northeasterly line of Lot 15,Tract 2404,per map thereof recorded in Book 34 of Maps,page 52 and 53,records of said County;thence along said o northeasterly line South 64°55'58"Fast,a distance of 40.12 feet,to a point on a non- LL tangent curve,concave southeasterly,having a radius of 1905.00 feet,the radial point of w which bears South 42017'00"East;thence northeasterly along said curve,through a 3 central angle of 4 008'38", a distance of 137.78 feet to the True Point of Beginning. d E m Containing 2,395 square feet more or less. v m a _ rn PAOfGSSlpw U ti ,21'.�.W.CgpB Fy w n 0 K Exp. p71= lc a ,pl CHh �TFOf CAl'b� � n r U R a DEVIL CREEK LEVEE PARCELS 4416 DOC#2D090107001 E E JULY 21,2009 Q Packet Pg. 337 ATTACHMENT"Y' 2010-129 SHEET 1 OF 2 /P MOB PAACB �' P is PARM V Map R PAIM Y • • / R CL a E D 45 D o s TP.OB c, `o_ d � N / 141Y� PQQ PAM'= 'A' ,roy�ry�� Q� !ACT 2404/ / 3 .. 8/ B. 34152—y5^3 \ 'mss do. , / OFEasn u x w E-27 a 0 EMp• 03-MM201t \ \ CN& t� SCALE: 1'-100' �+ �OFC0 9! a Lit BEARklc Etra rzaofus LENGTH EXHIBIT 'B1" O,p Li N 32179'29 E 29912 L2 N 5730'31' W - 2.7.69 D.P. 2.30041 z LS N 5217929" E - 169.27 1 m L4 N 843538' W - 40.12 `� a L5 S 643558' E - 25.19 c1 A=09'0528• 190x00 500.37 TRACT 10647 , C2 I A-052237' 1905.00 1 17&76 1 M.B. 159139-40 Pack9taPg;338 ATTACHMENT "3" 2010-129 SHEET 2 OF 2 U S 63UY25• W ..i55& 7 EXHIBIT "11211 � Lz N V9'J6• E 055 D.P. 2.300/42 / LJ N 6435 Se W - 59.75 /' Y L4 N 643556' W - 54,81 `m C1 A-0136-57- 1850.00 6294 a yr C2 A-01-56-56- 1900.00 64.64 9 Q. a L5 S 843656' E - 40.12 °� !8 N 64.5558" W - I00,7J `ti C3 A-04UO'38' 190100 1 1J7.78 / 5 lop 0 0`1 'le a D / 't+ Q� G.E. SHEREN COR. Na 5 PARCEL V 0 PER GS 1780 RIGHT OF WAY AA 2.395 S.F. � ��� �Q N \Y\ TaoV 111.08' co \ a x+ W 8'36" �. \ TRACT 16509-7 N M.B. 331183-92 SEE DEML 'A' �k \ t y TS• .' PRO1ESSpYtI u * CETj7p08� E �� Ns m SCALE: r=zoo' �0" tu TRACT 2404 / -''�`' Y M.B. 34152-53 GE SHERER COR. o NO. 4 PFJ? C.S1780 a � ?. ma/AAB ak. / P08 FOR CAMPUS PARKWAY / %.9•' PER OOC, NO. 2005-0970212 �:�� /�4 TPos Ile ` �2J• .! / PARCH C' s TRACT 10647 �\ ` / M.B. 159139-40 / \� WrA 'Ay"DAR°�0 NTS Packet+Pg.:J39'" ATTACHMENT"3" EXHIBIT "21, 2010-129 REQUESTED BY AND WHEN RECORDED MAIL TO: T CITY CLERK ; CITY HALL Y 300 North"U"Street a@ San Bernardino,CA 92413 a E rs AFN: Pon, of 0261-231-04 U SPACE ABOVE FOR RECORDER'S USE m c FEE EXEMPT PURSUANT TO EASEMENT d GOV.CODE SECTION 27383 U FOR A VALUABLE CONSIDERATION,receipt of which is hereby aoimowledged,SAN BERNARDINO COUNTY FLOOD v CONTROL DIS'PAICT,a body corporate and politic of the State of California,hereby GRANTS to the CITY OF SAN c m BERNARDINO, a municipal corporation,AN_FAaEMEtg FOR TRFFT AND HIGHWAY PURPOSES AND APPURTENANT rn FA ILTrM IN OVE tK9 AND ACR053 the real property in the City of Sen Bernardino,County of San Bernardino,State of California,described as follows: u a v SFE EXHIBITS"A"AND 'B"ATTACHFD HERETO AND MADE PART HEREOF a c 0 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ._ o N Y M N DATE: Nrunc: rO U LL _ L ACCEPTANCE ACKNOWLEDGEMENT OF GRANTOR(S): .3 Ibis is to certify th&I the intereu in the real property STATE OF CALIFORNIA j v conveyed by the within "n.m"ncm to the City of San COUNTY OF _ J S.S. E acmaMino,California,a municipal corpomion,is hereby order of the CI Council, end accepted by City grant= On before me,__-__ ennsents to the reeorduton thereof by its duly authorined 4 Officer. Notary Puhllo,personalty appeared _ Ce c CITY OF SAN BERNARDINO who proved to me on the basis of sadsfaaory evidence to be the person(s) whose U nanse(s) tslarc subscribed to the within inahummt and acknowledged to me that to bdshdthey executed the same in hislitedtheir authorized capaaty(ies), and that by >, his/hcrltheir signatures) on the 1nsWment the person(s), or the entity on fichal[of City Cterk which the petaan(s)acted,executed the instrument n 0 1 certify under PENALTY OF PERJURY under the laws of the State of n. California the foregoing paragraph is true and coned. Date: -_ WITNFSS my hand and official seal. S U A _Signature c FOR NOTARY STAMP OR SEAL cs E 15.02.1340-Campus Partway u U DEVIL CREEK LEVEE PARCEL39 DOC82EO90107001 Packet Pg. 340 ATTACHMENT "3" 2010-129 EXHIBIT"A" DESCRIPTION Y [tight of Way a W That portion of Lot 16 of Tract No. 2404,per plat thereof recorded in Book 34 of Maps, 'o Pages 52 and 53,records of the County Recorder of San Bernardino County, State of E California, described as follows: v m c Beginning at the Southeasterly Corner of said Lot 16; d u U Thence North 32109' 29"East along the southeasterly line of said Lot 16,a distance of v 34.76 feet; m S Thence leaving said southeasterly line South 77°09' 56"West,a distance of 35.01 feet to S a line that is 10 feet northerly of and parallel to,as measured at right angles, the southerly -' 'v line of said Lot 16; e 0 c Thence North 57'49' 36"West along said parallel line,a distance of 75.23 feet,to the .g _ westerly line of said Lot 16; H a, Thence South 32°09' 36"West along said westerly line,a distance of 10.00 feet,to said southerly line; Thence South 57°49' 36"East along said southerly line,a distance of 100 feet to the Point of Beginning, u L Containing 1,306 square feet more or less. 3 c w E d m m Q m _ m c OFE 16 c ��W Q4r W C N E-27 a 0 Exp. # a CNJL v djA�OF CAl60P M t u A Q DSVII.CRREKI.EVEE PARCEL39 m DOC#2EM/07001 E JULY 21,2009 V a czoploa+W%W-auemeols(ISA2-HIs.01-1310.Ca"Pkwy RW Sry wkh Counwog Gam[-1-200MA-REV 1-16. 09-DESCRI 770N CAMPUS PRY-KENDALL DR I.OT 16 CORNERDOC Packet Pg. 341 ATTACHMENT"Y' 2010-129 14 5wV T l @ m a RIgM of Way 5cg\0 Parcel One: 1,306 eq.1L i x40 m U � c Oo` o v 1V �T v rl� ° Ns7'49WW T 76.75 v Q0'' �' �I $57'49 00 3B'E POO 'o 100' m Detail "A" o� (N.T.S.) o 3 �I o rl N Al ® DEDICATED TO THE CITY OF SAN BERNARDINO PER DOC. NO. 2005-0404290 N SO ( 50 C O DEDICATED TO THE CITY OF SAN BERNARDINO PER DOC. NO. 2005-0498816 17 16 K 1� 14 © PER DOCONO. TKE CIT502874AN BERNARDINO o Q 3 0, ?{,OFESSg7 c NI b gm N o.CE. 7 Q Q ON d U iV N x, Exp 4, m MI N See ZI A a Sf� CNII Qa� x OetaN A' )IF OF CNOT w T r Pn9 1010_23' to CA DEERFIELD STREET_ _ _ 0- ° -" 57 49 36 I KENDALL DRIVE �J9 EXHIBIT "B" s D.P. 2,300/35 a E L U Proposed Right of Way — Portion of Campus CITY OF SAN BERNARDINO a Parkway, Northerly of Kendall Drive PUBLIC WORKS/ENGINEERING (APN 261-231-04) REAL PROPERTY SECTION Packet Pg. 342 ATTACHMENT"3' S'cai EXHIBIT "3" 2010-129 REQUESTED BY AND WHEN RECORDED MAIL TO: T CITY CLERK m CITY HALL x 100 North"D"Street a San Bernardino,CA 92418 w a APN:0265-031-14&19,0151-241-15, E 0261-231-24(PORTIONS OF) Lr SPACE ABOVE FOR RECORDER'S USE m FEE EXEMPT PURSUANT TO — GOV.CODE SECTION 27383 EASEMENT y U U FOR A VALUABLE CONSIDERATION,receipt of which is hereby arknowledged,SAN BERNARDINO COUNTY FLOOD Q CONTROL DISTRICT,a body corporate and politic of the State of California,harehy GRANTS to the CITY OF SAN c BERNARDINO, a municipal corporation,AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AND APPUBITENANT rn FACI IN OVER UNDER AND ACROSS the reel property in the City of San Bernardino,County of San Bernardino,State 5 of California,described as follows: to u v SEE EXHIBITS"A" "BI" "B2"AND"B311 ATTACHED HERETO AND NIADE PART ffEREOF ❑°' c 0 SAN BERNARDINO COUNTY.AD CONTROL DISTRICT � o 0 v By:_ tt DATE: .. ..__ Name: w U LL ACCEPTANCE ACKNOWLEDGEMENT OF GRANTORM: 3 Ttds is to certify that the interest in the real pmPaV STATE OF CALIFORNIA 1 conveyed by the within Instrument to the City of San COUNTY OF I S.S. OC Bernadine,California,a munidpal corporation,is hereby _ 0 accepted by order of the City Council, and Bounce on befomme consuhts to the rtoo dntlon thereof by Its duty authorized officer. Notary Public,personally appeared _ C m s c CITY OF SAN BERNARDINO who proved to true an the basis of satisfactory evidence to be the peooa(s) whose r name(s) Was; subscribed to the within instrument and aekno lodged to me that W helshe/they executed the same in hialm/thew zed authori capaeity(im), and that by T By. __- ____ his/hcrhhcir signature(s) on the instrument the person(s), or the entity on hehalf of C City Clerk which the person(s)acted,executed the Instrument p- 0 I certify under PENALTY OF PERJURY under the laws of the State of a California the foregoing paragraph is true and correct m Date:___ _ WITNESS my hand and official seal. r U m Signatum _ FOR NOTARY STAMP OR SEAL 15.02-1540-Campus Parkway E U DEVIL CREEK LEVEE N PARCEL 40-43 Q D0002EM07002 Packet Pg. 343 ATTACHMENT "3" 2010-129 EXHIBIT"A" T DESCRIPTIONS 3 CAMPUS PARKWAY COUNTY FLOOD CONTROL DISTRICT TO CITY PARCELS a a Parcel"A"—Right of Way E U A parcel of land lying within Section 7,(unsurveyed),Township 1 North, Range 4 West, San Bernardino Base and Meridian,being a portion of the land described as Parcel"A"in a deed recorded June 7, 1974, Book 8447,page 1163, Official Records of the County of San Bernardino,State of California,described as follows: a V C Commencing at the centerline of Kendall Drive,distant thereon 1010.23 feet from its a intersection with the centerline of Deed eld Street,as said street is delineated on the Map c of Tract No. 10647,per map thereof recorded in Book 159 of Maps,pages 39 and 40, v records of said County; o c Thence North 32 009'29"East,a distance of 225.00 feet to a tangent curve,concave ° southeasterly,having a radius of 1850.00 feet;thence northeasterly,along said curve, —' 0 through a central angle of 19°42'10",a distance of 636.17 feet;thence North 38°08'22" d West,a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book N 8447 of Official Records,page 1163,records of said County and the True Point of O Beginning; thence along said southeasterly line,North 63°03'25"Fast,a distance of o 133.42 feet;thence North 32°09'36"East,a distance of 61.10 feet;thence leaving said LL southeasterly line, South 53°48'36"West,a distance of 123.67 feet to a tangent curve , concave southeasterly, having a radius of 1905.00 feet,thence along said curve,through a 3 central angle of 01'56'58", a distance of 64.82 feet to the True Point of Beginning. w E Containing 0.05 acres more or less. w m a Parcel"B"-Right of Way Q c R A parcel of land lying within Section 7, (unsurveyed),Township l North,Range 4 West, x San Bernardino Base and Meridian,being a portion of the land described as Parcel"A"in w deed recorded June 7, 1974,Book 8447,page 1163 Official Records of the County of San r Bernardino,State of California,described as follows: o a` Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street,as said street is delineated on the Map of Tract No. 10647,per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; L U N Thence North 32 009'29"East, a distance of 225.00 feet to s tangent crave,concave a southeasterly,having a radius of 1850.00 feet;thence northeasterly,along said curve, through a central angle of 21°39'08",a distance of 699.11 feet;thence North 53048'36" E East,a distance of 1134.63 feet to a tangent curve,concave southeasterly, having a radius U DEVIL(MEEK IEVEE Q PARCRL4(W DOC N 2E090IMM JULY21,2007 (YID"YYPIAIDDTDCNPau�E IPN-CwyP\wr�1Y SKP HYC"YY,MW CmA-4IDOYDN•AfiV I-IOW-DEYIIIPIlONGWUY PARKWAY Packet Pg. 344 ATTACHMENT "3" 2010-129 EXHIBIT"A" CON UM T of 2000.00 feet;thence along said curve, through a central angle of 06'5619", an arc 3 distance of 242.20 feet;thence North 29°15'05"West,a distance of 50.00 feet to the southeasterly line of that parcel of land conveyed to the San Bernardino County Flood a Control District in deed recorded June 7, 1974 in Book 8447 of Official Records,page a 1163,records of said County and the True Point of Beginning; thence northeasterly E along said southeasterly line from a tangent which bears North 72 144'42"East,along a M curve,concave northwesterly,having a radius of 1100.00 feat,through a central angle of 05022'20", a distance of 103.14 feet;thence North 67°22'22"East along said Q southeasterly line, a distance of 446.30 feet;thence leaving said southeasterly line, South 74 057'37"West,a distance of 41.83 feet to a tangent curve,concave southeasterly, a having a radius of 2055.00 feet;thence southwesterly along said curve,through a central angle of 14'49'18",a distance of 531.61 feet to a non-tangent curve,concave northeasterly,having a radius of 1100.00 feet,the radius point of which bears North I S 16005'13"West;thence easterly along said curve,through a central angle of 01°10'05", a o distance of 22.42 feet to the True Point of Beginning. o C Containing 0.21 acres more or less. 0- 3 O Parcel"CI'—Right of Way Those portions of Sections 7 and 8,(unsurveyed),Township 1 North,Range 4 West, San N Bernardino Base and Meridian,lying within the Rancho Muscupiabe,per plat recorded in Book 7 of Maps, Page 23,records of San Bernardino County,State of California,and o lying within the land described in document recorded in Book 4671,Page 364,Official U Records of said County, and described as follows: 3 Commencing at Comer Number 14,as delineated on the O.E. Sherer survey on file in the County Surveyor's Office as file number C.S. 1780; thence North 00°27'54"West E along the easterly line of that parcel of land conveyed to the City of San Bernardino as Parcel One by instrument recorded in Book 724 of Deeds,page 8 in the Office of the a Recorder of said County,a distance of 20.63 feet to the northerly boundary of the J.R. Munn,Jr. property(136.350 acres,more or less), as delineated and shown on that certain L map filed in Book 21,pages 98 and 99,of Records of Surveys,in the Office of the o County Recorder of said County,and the True Point of Beginning;thence along said w northerly boundary,North 67°58'28"East, a distance of 168.69 feet;thence South r 36016'00"East, a distance of 286.77 feet;thence North 67043'19"East,a distance of o 25.64 feet to the beginning of a non-tangent curve, concave westerly, having a radius of a` 560.00 feet,the radial point of which bears South 84 046'40"West; thence leaving said northerly boundary and northwesterly along said curve,through a central angle of 1603 1'54",a distance of 161.58 feet;thence North 21'45'13"West, a distance of 206.49; thence South 68°14'47" West,a distance of 120.00 feet;thence South 23°14'47"West,a distance of 39.60 feet;thence South 68°14'47"West,a distance of 117.46 feet to the easterly line of said Parcel One;thence along said easterly line, South 00°27'54"East, a a distance of 65.74 feet to the True Point of Beginning. Dsva.cQasrc raven E PARCRIL" s Containing 0.98 acres more or less. Doc xME90/0 or U JULY21,2W Q C' - "°W-r (150"15, IW-Cup "RW h.P1Sh+OnOa-LTArOSA-MV 1.ILOi.RrSC1Vi CAMPUS PARKWAY. LVIWSYP,LORTOOWF is WC Packet Pg. 345 ATTACHMENT"3" 2010-129 EXHIBIT"A" CONT'D T Parcel"D"-Right of Way x R That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, o pages 52 and 53,Records of San Bernardino County, State of California,described as o follows: £ m U Commencing at the centerline of Kendall Drive,distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street,as said street is delineated on the Map . of Tract No. 10647,per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; a D C Thence North 32°09'29"East,a distance of 225.00 feet to a tangent curve,concave rn southeasterly,having a radius of 1850.00 feet;thence northeasterly,along said curve, `- through a central angle of 9°03'28",a distance of 292.46 feet;thence North 48°47'03" West, a distance of 50.00 feet to the southwesterly line of that parcel of land conveyed to 0 the San Bernardino County Flood Control District in deed recorded February 4, 1957 in c Book 4147,page 458,Official Records of said County and the True Point of Beginning; °- thence along said southwesterly line,South 58°19'02"East, a distance of 1.34 feet; o thence North 32°08'53"East,a distance of 8.28 feet;to the beginning of a non-tangent v curve,concave southeasterly,having the radius of 1900.00 feet,the radial point of which bears South 49031'52"East;thence southwesterly along said curve,through a central N angle of 00°15'11",a distance of 8.39 feet to the True Point of Beginning. Containing 6 square feet more or less. L 3 L pPOFESSbw o E c * Ex P. 03.91-2011_ y, t U r/ eryh' W OF 00 oQ r a 0 a` n m M L U N a DBVa.LRAHK IBYBH d PARBI./ 3 {_ noca UM/01002 u JULY 21,]009 � Q ULaadRW-P�n•.n11+0LrJ f.O!-IW•Cy KF AW 9u NL Ca O„ Cn - WV I.16 -pESCRIrt CO PAKWAY- [pa"IY DA00 roCRY lAM.'nS W C PacketPg. 346 ATTACHMENT 9' 2010-129 C SE4RMz=TA RADIUS LENGTH SHEET 19F 3 V N 635325' E - 1 .42 N3 ' E 81.10 T L7 N 843558' W - 59.75 p'�' Y 14 N 64'55'58' W - 54.81 pp9ti�� m L5 N 643559" W - 2116 L6 S 58-19 -'0 - 1.34 n 17 N 32V853' E - 928 e E L8 - 15977 / 0 U L9 N 53'4838' E - 12167 , -tb N 3259'36" E - 6294 / p�4 gb0g�10�g6 Cl Ct d-01'S858' 1850.00 6294 C2 8.0176'58' 1905.00 84.92 Q V J-1 v CJ M001511' 1900.00 8.39 ,�Q„�4't 4• 2 c C4 &09W28" 1850.00 29246 40 GE. SHERER CDR. NO. 5 43 PER C.1 1780 / PAIM A' co r PAW&'A' Offf WA uiI PARC6.' ' R�74TQPWAY // / , � 0 c SEE ��,Iq ary PAMCM V ` OR il" gf�P / ,V6f� (6 .�` DUAL'A' m Grp > .. . Al jam/j3 // r✓ // C.E. SHERER COR. J o ryAl / TRACT 2404 N0. 4 PER C.S.1780 a M.B. 34152-53 �. £cb•. P, PQQ PARCH A; / M 8�1M 9 r W. a N CE-2;006, O urc�(�Ct/ L EXHIBIT "Bi" "C \ \°as• F� Exp. Mt: +� a D.P. 2.300/36 CNL TRACT 10847 yam; oTCkl> SCALE: 1'=200' M.B. 159139-40 Packet Pg. 347'? ATTACHMENT "Y' 2010-129 EXHIBIT' "B2" " a D.P. 2.300/37 a. W y -------i�— -- � �------ ^r N9 \ U / 1 1 N ,513 2'25'ECR) N 41 ul4j Q o 1 \ 4 G 4 q 77, co qo CO L NNi ro5r13 e m 1 a\P ¢ QO m � WI� NNry � ;FO C 10 1Po n ~ 8o x 30d N � 21488A LU �j 0 75 ' duo U q ° ana 0 � n � fiU UU a o _ s+ d d ar ♦ °��' y v v � Q- c m \\ Vk \ NJ Packet Pg.348 ATTACHMENT "3' 2010-129 n a WE g� m o �FE * ad Y c- �7C� � E V7 O m" QO q y 1�y0 u z � a c ul m � c � maf°o E 411.10' S09'32 01 Z m O 06. 0 h N21.45A1�W c+'` Cl z �An r 9 NOLL03S h �2. ,� 5� `�^ ^ L NOUJ3S Z Z In vl y25p 55' �, goof ti v ��yy ;_ � ap _ N007754'W_ _N 65,74'x �/ c 24.25' 39.61' 53.66 �h /� s u 0 % w r >z o �i 0 a � �\ f� E 15 CP \ i \ o Q EXHIBIT "B3" D.P. 2.300/40 \ z G v Packet Pg. 349 ATTACHMENT Recording Requested by: SAN, D CONTROL COUNTY ^ O �� ^ FLOOD CONTROL DISTRICT \J\/v-`_' 825 E. THIRD ST. SAN BERNARDINO,CA.. 92415-0835 Y a Mail TO: SAME AS ABOVE w 0. E RECORDER: 10 Record without fa whim to Govt Code 6103 U Recordaranrtquiredto complete chain of title c a Project: Devil creek eva D.P.No.:2.300/41&42 L GRANT DEED 9: room/!2fCa Parcel No:44=46 APN:Pot6om of Campus Perkwav Dept. Code: 11600 &0261-231-25 m Date: Seutcmber22.2009 U D d D FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, o S 0 N d City of San Bernardino, a Municipal Corporation M N (do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,a body U corporate and politic,the following described real property in the County of San Bernardino, State of y 3 California: i= d See EXHIBIT"A" for Legal Description and EXHIBIT"Bl" &11112"Plats E d rn City of San Bernardino a d m, R Date: 7-/o-/o By.' x w Name: c 0 0- Its: M L U A a San Bernardino County Flood Control District Acceptance Certificate E L This is to certify that the interest in the real property conveyed by the within instrument to the San Bernardino County Flood Control District,a body corporate of the State of California,are hereby accepted by the undersigned officer on behalf of said District pursuant to authority conferred by Resolution#86-156,April 21, 1986 by its Board of Supervisors and the grantee consents to the recordation thereof by its duty authorized officer. DATED: BY:_ Packet Pg. 350 S.G.d EXHIBIT "A" DESCRIPTIONS CAMPUS PARKWAY-CITY TO COUNTY PARCELS 3 Y Parcel"A" a a That portion of Lot 15 of Tract No.2404 per plat thereof recorded in Book 34 of Maps, pages 52 and 53, Records of San Bernardino County, State of California,described as follows: m c a Commencing at the most westerly comer of said Lot 15,thence North 32°09'29" East along the northwesterly line of said Lot 15, a distance of 185.00 feet to the True Point of Q Beginning;thence continuing along said northwesterly line of Lot 15,North 32°09'29" R East,a distance of 299.12 feet; thence leaving said northwesterly line South 57°50'31" m East, a distance of 23.69 feet to the beginning of a non-tangent curve,concave southeasterly,having a radius of 1900,00 feet,the radial point of which bears South 48°47'03"East; thence southwesterly along said curve,through a central angle of o 9 103'28",an are distance of 300.37 feet to the True Point of Beginning. .2 o Containing 2,356 square feet more or less. o d Parcel "B" M N That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, pages 52 and 53,Records of San Bernardino County, State of California, described as follows: t 3 Commencing at the most northerly corner of said Lot 15,thence South 64°55'58"East along the northeasterly line of said Lot 15,a distance of 25.19 feet to the True Point of £ Beginning; thence South 32°09'29 West and parallel to the northwesterly line of said Lot d 15, a distance of 169.27 feet to the beginning of a non-tangent reverse curve,concave a southeasterly, having a radius of 1905,00 feet, the radial point of which bears South 47 139'37"East; thence northeasterly along said curve,through a central angle of 5°22'37", a distance of 178.78 feet to said northeasterly line of Lot 15;thence North x 64°55'58"West along said northeasterly line, a distance of 40.12 feet to the True Point w of Beginning. m a 0 Containing 3,119 square feet more or less. a` m d M r U Q C d DEVIL CREEK LEVEE E L PARCELS 4446 m DOC#2DO90107001 Q JULY 21,2009 Packet Pg. 351 ATTACHMENT "3" EXHIBIT "A" CONT'D Parcel "C" T A parcel of land lying within Section 7,(unsurveyed), Township 1 North, Range 4 West, x San Bernardino Base and Meridian, lying within the Rancho Muscupiabe,per plat a recorded in Book 7 of Maps,page 23,records of San Bernardino County, State of California, and lying within"Parcel One"as described in document to the City of San Bernardino recorded June 30, 1921 in Book 724 of Deeds,page 8, records of said County, and described as follows: Q Commencing at the centerline of Kendall Drive,distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map U of Tract No. 10647, per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; rn c Thence North 32 009'29"East, a distance of 225.00 feet to a tangent curve, concave u southeasterly,having a radius of 1850.00 feet;thence northeasterly,along said curve, o through a central angle of 19°42'10",a distance of 636.17 feet;thence North 38°08'22" C West, a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to 2 the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book o 8447 of Official Records,page 1163,records of said County and the True Point of Beginning; thence along said southeasterly line, South 63°03'25"West, a distance of 158.77 feet to the northeasterly line of Lot 15, Tract 2404, per map thereof recorded in Book 34 of Maps,page 52 and 53,records of said County;thence along said northeasterly line South 64°55'58"East,a distance of 40.12 feet,to a point on a non- o tangent curve,concave southeasterly, having a radius of 1905.00 feet,the radial point of LL which bears South 42°17'00"East;thence northeasterly along said curve,through a w central angle of 4°08'38", a distance of 137.78 feet to the True Point of Beginning. 3 E E Containing 2,395 square feet more or less. d m a d m ? 0FESS1 L x ,a w v a Exp. 03-31-2011 * o` a rr CNII w �rFOF CAIkO� t U @ a DEVIL CREEK LEVEE PARCELS 41-46 E DOC#2D090/07001 JULY 21,2009 10 a Packet Pg.352 SHEET 1 OF 2 P. \ATTACHM T'°3' "s:c:d rPo PARCEL '8' P v zs PA= 7 a1N&f PARCEL 'A' v 3 2950 8F. N QO \ C D a D / /PPARCB Ar Pac/ Q c \ �( B A ���/ R� *ACT 2404 PARC U` V B. 34152-0 E,27 \ a Exp. 03.41.2011 CIVIL _. \ '�\ "OHO SCALE. 1'=100' so OF c�� LAC I BEARIMAXITA RADIUS lENC7H EXHIBIT "Bl 10 Li N 32'09'29' E - 299.12 E L2 N 57W'31' W - 2169 D.P. 2.300/41 '••1 L3 N 32'0919' E 16427 L4 M 64-55-580 W - 40.12 L5 S 6435'58' E - 25.19 TRACT 10647 C1 6-09'03'28' 1900.00 300.37 c2 6-0522'37' 1 1905.00 178.78 M.B. 159139-40 Packetiyg,353 ` . 1-1 AU 5[G.d'...'.....' C BEARING ELTA RADIUS LENCRi u s s3'03Z5' w - ise.77 EXIIYBIT "B2" L2 N 32'09'36" E - 47.55 D.P. 2.300/42 0 N 6435'58" w - 59.75 T RC2 N 64'55'58" W - 54.61 X01 1850.00 62.94 A-0136'58" 1900.00 64.64 s' O a S 64'55'58" E - 40.12 / 0 N 6435.58' W 100.73 I A-04`08' 8' 1905.00 I 137.78 a91�o QZA 2p / D Q• pER�ti� a / Oti �y�Pypg1�� c G.E. SHERER COR. N0. 5 PER C.S. 1780 RIGHT OF WAY / so Sy��p6 `tQ� 5 2,395 S.F. P S53 48'36 G v \ TP.Ofl * "W TRACT 16509-7 M.B. 331183-92 N \ / N64 80 CETAL 'A' VOFESSpy� ° CE- 6 Exp. E CAM SCALE. 1"=200' fy ' / "y' / / HBO AefSS`Sg K, �A1EOFCAIW'" TRACT 2404 r / so ` / / / M.B. 34/52-63 C.E SHERER COR. m `SO l3 NO. 4 PER C.S.1780 0 'IV / a \ �y)�y�• ��; ry`bh PQ„ POB FOR CAMPUS PARKWAY '/�' PER OOC. NO. 2005-0970212 'r !/A � l, TROR Ne ?�:\ ( / `` PARCEL C' h E TRACT 10647 "�j� 9 a%gO M.B. 159139-40 j \ OETA •A/ Packet Pg:354 ATTACHMENT "3°f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T N 3 State of California j� a County of�Ql�; x ��r��n� /t I J a On y�l �e 11� lftl 11 before me 1L.GU m Gf-�4 /nIC 1 I tit Lir ut7'r o v�.n Nama+es Tao neseaer personalty appeared __ Qb[ ,IC ---�--��•ra anal a v U U Q who proved to me on the basis of sa Isfactory evidence to be the persongwhose name d, istaX subscribed to the rn within instrument and acknowled'g�ed`'�to, me that he! ecuted the same in h s npe�r authorized u capaciry(i , and that by hi signatureon the m instrument the person or the a it upon behalf of o which the personk'acted, executed the instrument. o CeaeMSWa 1 I>NM1� � tI1s1OY*�• I certify under PENALTY OF PERJURY under the laws u 01aaIY t of the State of California that the foregoing paragraph is true and correct. N WITNESS my hand and official ,a1. -N � U lotary SW ldwe $IgnatUfB Pan _ Spnewed Ndeiy iK• L OPTIONAL 3 Though Me Information below Is nor required by law, it may prove valuable to persons retying on die document and court pretest fraudulent ramovat and raaffaohmenf of this 0b/m to another doument. E Description of Attached Document m Title or Type of Document: Q m Document Date: __ __Number of Pages: L Signer(s) Other Than Named Above: _. __ U x W Capaclty(les) Claimed by Signer(s) r m a Signer's Name: _.. Signers Name: G Individual ❑ Individual a. ❑ Corporate Officer—Tltle(s): ❑Corporate Officer—Tlfie(s): m ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General ❑ Attorney In Fact ❑Attorney in Fact t"> ❑ Trustee Top of IhunD halo ❑Trustee d awnb here � ❑ Guardian or Conservator ❑Guardian or Conservator =°• ❑ Other: ❑Other: Q c d Signer Is Representing: Signer Is Representing: E L U N Q OYOa)n�laMllbWY MaYOn•ltlfied Soo�w.,RU.aa�4Q•CMrere,G el�iS810o•ww.NMatbwYep Mun eRel 14wdar:GTdFrmtApDe)8-0aTl Packet Pg. 355 Raeomed In umclal ReDards,County at San earoardIrm e r.C LARRY WALKER RC RECORDED REQUESTED BY Auditor/Controller — Recorder AND WHEN RECORDED MAIL TO: P Counter T NAME: City of SanBemardino DCC#: 2006-0527092 TRles: 1 Pages: 2 3 Development Services Department Feaa Me STREET ADDRESS: 300 N. "D"Street I II�II II NII IIII II(I�III�III I� PAID sa.ae E Other 0.08 CITY & m STATE: San Bernardino,CA 92418 SPACE ABOVE THIS LINE FOR RECORDER'S USE O rn c GOVERNMENT CODE SECTIONt 27304 a NOTICE OF COMPLETION File No(s): 1.7007 Notice pursuant to Civil Code Section 3093,must be Ned within 10 days after completion.(See reverse side for Complete requirements.) Q a c Notice Is hereby given that: in L The undersigned Is owner or corporate officer of the owner of the Interest or estate stated below in the pruperq rn c hereinafter described: 2. The full name of owner is City of San Bernardino u 1. The full address of the ow Per is 300 North "D"Street San Bernardino,CA 92418 ❑ 4. The nature of the interest or estate of the owner Is;ryyee', 3 PURCHASER w UNDER CONTRACT o (il'otherthon rce,strike"In fee"and insert,far example."pumhoser under conlmcl or purchase' or"Itssee') d 5. The full name and full addresses of all persons.If any,who hold Mlle with the undersigned v joint tenants ur as in common are: NAMES ADDRESSES N 6. A work of Improvement on the property hereinafter described was completed on 0 713 0 2066 The work was: CONSTRUCTION OF CA)IPI S o PKWY PEPPER LINDEN DRI FROM KENDALL DR TO NORTHPARK BLVD&INSTALLATION OF TRAFFIC SIGNALS AT KENDALL DR c AND CAMPUS PKWY o� 7. The name of the contractor.Duey,for such work of Improvement was NIATIC'H CORPORATION P.O.HOX S0.00n SAN BERNARDINO, CA 92412 61/27/2005 co (If no contractor for work of improvements as a whale,Insert"none".) (Dale of contracD z H. The property on which said work of improvement was completed BERNARDINO ,County of SAS BERNARDLNO ,Slate of a completed is In the city of E Calirarnia and Is described as follows: CONSTRUCTION OF CAMPI'S PKWY(PEPPER LINDEN DR)FROM KENDALL DR TO NOR'fHYAR_K L) BLVD &INSTALLATIO.N OF TRAFFICSIGNALS AT KENDALL DR AND CAMPUS PKWV _-- _ p Plan Nola): 10952&10232 NONE d APNn 9. The street address of said property is NONE Z (If no street address has b v officially assigned,Insert•'none") T 3 Dates: 081006 ` Verification for Individual Owner m MARK LANCASTER City Engineer/Deputy Director Development Services Department CITY OF SAN BERNARDINO Signatureof owner or corporate officer of owner named in paragraph 2 or his agent O VERIFICATION 1,the imul, ,ned,say:I am the City Engineer/Deputy Director the declarant or the foregoing notice of completion; I have read said ni,lice .m. nl completion and know the contents thereof:the same is true of my own knowledge. Q I declare alder prmdtp of perjury that the foregoing is true and Irvn. C tU F.aecmed un A L L', '0 M1 San Bernardino California. E L (Date of signature) (City where signed) U LLLG MARK LANCASTER,City Engineer/Deputy Director Development Services Department Q CITY OF SAN BERNARDINO (Personal signature of the individual who Is swearing that the contents of notice of eomplelion are true) PacketPg. 356