HomeMy WebLinkAbout19-Development Services
From: Valerie C. Ross, Director
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Date:
Subject: Resolution approving Standard Form of Agreement for
Subdivision Tract No. 16509-4 (unit 4 - lots 74 through 90)
O R J G I NA land Tract No. 16509-5 (unit 5 -lots 91 through 105) located
Development Services lll.n the west side of North park Boulevard between University
Parkway and the Devil Creek Flood Control Channel with
Richmond American Homes of California, Inc., with time of
performance specified, approving Amendment No. 1 to
Standard Form of Agreement for Subdivision Tract No.
16509-4 (unit 4 - lots 74 through 90) and Tract No. 16509-5
(unit 5 - lots 91 through 105) with University Park, LLC as
approved by Resolution No. 2005-299, dated September 6,
2005, and authorization for the Director of Development
Services to release bonding posted by University Park, LLC
to guarantee completion of infrastructure improvements for
said Subdivision Tracts, except bonding posted for
improvements in the Landscape Maintenance District.
July 3, 2006
File No: 11.03; TR 16509
MCC Date: July 10,2006
Synopsis of Previous Council Action:
04105/04
10/04/04
05/16/05
05/16/05
08/15/05
09106105
Resolution No. 2004-95 adopted, approving an agreement with Watson & Associates for grading of
Campus Parkway between Kendall Drive and Northpark Boulevard.
Resolution No. 2004-306 adopted, approving Final Map for Subdivision Tract No. 16509, Unit 1 located
on the west side of Northpark Boulevard between University Parkway and Devil Creek Flood Control
Channel.
Resolution No. 2005-113 adopted, approving Subdivision Agreement with Richmond American Homes
of California. Inc.. for Final Map of Tract No. 16509. Unit 1 located on the west side of Northpark
Resolution No. 2005-114 adopted, approving Final Maps for Subdivision Tract No. 16509, Units 2 & 3
located on the west side of Northpark Boulevard between University Parkway and Devil Creek Flood
Control Channel.
Resolution No. 2005-278 adopted, approving Subdivision Agreement with Richmond American Homes
of California. Inc., for Final Map of Tract No. 16509, Unit 2 located on the west side of Northpark
Boulevard between University Parkway and Devil Creek Flood Control Channel.
Resolution No. 2005-299 adopted, approving Final Maps for Subdivision Tract No. 16509, Units 4 & 5
located on the west side of Northpark Boulevard between University Parkway and Devil Creek Flood
Control Channel.
1. Adopt Resolution, and
2. Authorize the Director of Development Services to release bonding posted by University Park, LLC to guarantee
completion of infrastructure improvements for Tract No. 16509-4 (unit 4 - lots 74 through 90) and Tract No. 16509-
5 (unit 5 -lots 91 through 105) as approved by Resolution No. 2005-299, dated September 6,2005, except bonding
posted for improvements in the Landscape Maintenance District. ~ V. RD44-
Valerie C. Ross
((f,\ll, JooG- Jlfq
Contact Person:
Mike Grubbs, Eng. Manager/Field Engineer
Phone: 5179
Staff Report, Map, Reso, Agreement & Amend. No. Ward:
5
Supportin2 data attached:
Amount: N/A
Source (Ace!.
No.) N/A
(Ace!.
Descriotion)
FUNDING REQUiREMENTS:
N/A 7/IDjn0
Agenda Item No. ~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Standard Form of Agreement for Subdivision Tract No. 16509-4 (unit 4 - lots 74
through 90) and Tract No. 16509-5 (unit 5 - lots 91 througb 105) located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control Channel with Richmond
American Homes of California, Inc., with time of performance specified, approving Amendment No.1
to Standard Form of Agreement for Subdivision Tract No. 16509-4 (unit 4 - lots 74 through 90) and
Tract No. 16509-5 (unit 5 - lots 91 through 105) with University Park, LLC as approved by Resolution
No. 2005-299, dated September 6, 2005, and authorization for the Director of Development Services to
release bonding posted by University Park, LLC to guarantee completion of infrastructure improvements
for said Subdivision Tracts, except bonding posted for improvements in the Landscape Maintenance
District.
Background:
On May 6, 2003, the Planning Commission approved Tentative Tract No. 16509, which consists of 160
single family residential lots located on the west side of Northpark Boulevard between University
Parkway and the Devil Creek Flood Control Channel. This tentative tract was approved for a period of
two years. On July 12, 2004, the Planning Division approved Minor Modification No. 04-07, reducing
the total number of single family residential lots to 157. Of these lots, 150 will be developed with single
family residential houses. The remaining 7 lots will remain undeveloped, pending an application for an
amendment to change the General Plan Land Use Designation.
On September 6, 2005, the Mayor and Common Council approved the Final Maps of Units 4 & 5 of
Tract No. 16509 and approved Standard Form of Agreement for Subdivision Tract Nos. 16509-4 & 5
with University Park, LLC. University Park, LLC, acting as the subdivider, has substantially completed
development of the lots in Unit 4 and is selling Unit 4 to Richmond American Homes of California,
Inc., which is proposing to construct the homes.
University Park, LLC has submitted a letter (copy attached) requesting that it be relieved of its
obligations under terms of the Standard Form of Agreement for Tract No. 16509-4 (unit 4 - lots 74
through 90) and Tract No. 16509-5 (unit 5 - lots 91 through 105) and that its bonds be released. In
exchange, Richmond American Homes of California, Inc. has agreed to enter into a Standard Form of
Agreement for Tract No. 16509-4 (lots 74 through 90) and Tract No. 16509-5 (unit 5 - lots 91 through
105) and post bonds to guarantee compliance with terms and conditions of the Agreement, except that
bonding for improvements in the Landscape Maintenance District will remain the responsibility of
University Park LLC.
If this action is approved, the Director of Development Services will issue a letter releasing University
Park. LLC from its bonding associated with infrastructure improvements; however, sufficient bonding
will be retained to cover the cost of installation of landscaping, irrigation and other improvements in the
landscape maintenance district areas.
Attached is the Standard Form of Agreement for Subdivision Tract No. 16509-4 (unit 4 - lots 74 through
90) and Tract No. 16509-5 (unit 5 - lots 91 through 105) executed by Richmond American Homes of
California, Inc.. including the required faithful performance bond, labor and materials bond, monument
bond and the certificate of insurance, naming the City of San Bernardino as additional insured for the
project. The bonds are issued by Hartford Fire Insurance Company, which has an A.M. Best rating of
A + XV. which exceeds the requirements of the Development Code.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Financial Impact:
There is no financial impact to the City.
Recommendation:
1. Adopt Resolution, and
2. Authorize the Director of Development Services to release bonding posted by University Park, LLC
to guarantee completion of infrastructure improvements for Tract No. 16509-4 (unit 4 - lots 74
through 90) and Tract No. 16509-5 (unit 5 - lots 91 through 105) as approved by Resolution No.
2005-299, dated September 6, 2005, except bonding posted for improvements in the Landscape
Maintenance District.
Attachments:
a) Letter dated July 12, 2006, from University Park LLC requesting transfer of certain responsibilities
under Subdivision Agreement for Tract No 16509-4 from University Park LLC to Richmond
American Homes.
b) Letter dated July 12, 2006, from University Park LLC requesting transfer of cenain responsibilities
under Subdivision Agreement for Tract No 16509-5 from University Park LLC to Richmond
American Homes.
c) Vicinity Map for Tract No. 16509-4 (lots 74 through 90).
d) Vicinity Map for Tract No. 16509-5 (lots 91 through 105).
e) Resolution approving Standard Form of Agreement for Subdivision Tract No. 16509-4 (unit 4 - lots
74 through 90) and Tract No. 16509-5 (unit 5 - lots 91 through 105) located on the west side of
Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel with
Richmond American Homes of California, Inc., with time of performance specified and approving
Amendment NO.1 to Standard Form of Agreement for Subdivision Tract No. 16509-4 (unit 4 - lots
74 through 90) and Tract No. 16509-5 (unit 5 - lots 91 through 105) with University Park, LLC.
t) Standard Form of Agreement for Subdivision Tract No. 16509-4 (Unit 4-10ts 74 through 90) with
Richmond American Homes of California, Inc.
g) Amendment NO.1 to Standard Form of Agreement for Subdivision Tract No. 16509-4 (Unit 4-lots
74 through 90) with University Park, LLC.
h) Standard Form of Agreement for Subdivision Tract No. 16509-5 (Unit 5-10ts 91 through 105) with
Richmond American Homes of California, Inc.
i) Amendment No. 1 to Standard Form of Agreement for Subdivision Tract No. 16509-5 (Unit 5-lots
91 through 105) with University Park, LLC.
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University Park. LLC
101 Main Street, Suite "A"
Seal Beach, CA 90740
Ann: Tom Watson
June 12.2006
Via hand delivery
Mike Grubbs
Engineering Manager
City of San Bernardino
300 North "0" Street, 3'd Floor
San Bernardino, CA 92418
Re: Tract 16509-4 Richmond American Homes Replacement Bonds and Bond
Reduction Rider by University Park, LLC. Whereby University Park, LLC Will
Maintain Bonds and Responsibility for the Landscape Maintenance District
Dear Mr. Grubbs,
On behalf of University Park, LLC, we hereby request that its subdivision agreement be
modified to show University Park, LLC will maintain bonds and responsibility for the
Landscape Maintenance District. Richmond American Homes will send replacement
bonds and University Park. LLC will send a "Bond Decrease Rider" letter in the exact
amount of the original bonds as follows:
Tract 16509-4 original bond amounts
Faithful Performance $530.000
Labor and Material $265.000
Monument $ 5,1 00
Original Bond Amount Matching Bond Replacements and Bond Decreases:
Richmond American Bond Replacements:
Faithful Performance $133,370
Labor and Material $66,464
Monument $5,100
University Park, LLC Reduced Bonds:
Faithful Performance $396,630
Labor and Material $198.315
Tract 16509-4
Bond Replacement Request
I
Please be advised that:
1. University Park conveyed it's interest in Tract 16509-4 to Richmond American
Home of California. a California Corporation C'RA");
2. RA will complete the installation of all utilities. street infrastructure and
improvement, except landscaping.
3. RA will construct and market homes in accordance with San Bernardino City
requirements;
4. Ra will do all things necessary to permit the release of the house for occupancy;
and
5. University Park will maintain bonds and responsibility for landscaping only for
Tract 16509-4 in addition to guarantees and warrantees to RA relating to Tract
16509-4.
University Park, LLC acknowledges the fact that RA has provided the City of San
Bernardino with a substitute Subdivision Agreement and bonds covering Performance,
Labor and Material and Monument for Tract 16509-4.
Please find the enclosed bond replacement request packet with copies of the original
bonds. Richmond American has already sent you their substitution bonds. I will request
and forward the bond decrease rider letter to reduce our bond amounts when you are
ready. Please let me know if you need further assistance to facilitate this request. My
email is tom!a:'irwatson.com and phone number is 562.430.0503.
Best regards,
':.ie.,.., \.A..J(~;-'J-
Tom Watson
Assistant Project Manager
University Park. LLC
Cc Chuck Diamond
Enclosures
Tract 16509-4
Bond Replacement Request
2
University Park, LLC
101 Main Street, Suite "A"
Seal Beach, CA 90740
Attn: Tom Watson
June 12,2006
Via hand delivery
Mike Grubbs
Engineering Manager
City of San Bernardino
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
Re: Tract 16509-5 Richmond American Homes Replacement Bonds and Bond
Reduction Rider by University Park, LLC. Whereby University Park, LLC Will
Maintain Bonds and Responsibility for the Landscape Maintenance District
Dear Mr. Grubbs,
On behalf of University Park, LLC, we hereby request that its subdivision agreement be
modified to show University Park, LLC will maintain bonds and responsibility for the
Landscape Maintenance District. Richmond American Homes will send replacement
bonds and University Park, LLC will send a "Bond Decrease Rider" letter in the exact
amount of the original bonds as follows:
Tract 16509-5 original bond amounts
Faithful Performance $350,000
Labor and Material $175,000
Monument $ 4,500
Original Bond Amount Matching Bond Replacements and Bond Decreases:
Richmond American Bond Replacements:
Faithful Performance $284,000
Labor and Material $142,000
Monument $ 4,500
University Park, LLC Reduced Bonds:
Faithful Performance $ 66, I 05
Labor and Material $ 33,053
Tract 16509-5
Bond Replacement Request
I
Please be advised that:
I. University Park conveyed it's interest in Tract 16509-5 to Richmond American
Home of California, a California Corporation eRA");
2. RA will complete the installation of all utilities, street infrastructure and
improvement, except landscaping.
3. RA will construct and market homes in accordance with San Bernardino City
requirements;
4. Ra will do all things necessary to permit the release of the house for occupancy;
and
5. University Park will maintain bonds and responsibility for landscaping only for
Tract 16509-5 in addition to guarantees and warrantees to RA relating to Tract
16509-5.
University Park, LLC acknowledges the fact that RA has provided the City of San
Bernardino with a substitute Subdivision Agreement and bonds covering Performance,
Labor and Material and Monument for Tract 16509-5.
Please find the enclosed bond replacement request packet with copies of the original
bonds. Richmond American has already sent you their substitution bonds. I will request
and forward the bond decrease rider letter to reduce our bond amounts when you are
ready. Please let me know if you need further assistance to facilitate this request. My
email is tom@jrwatson.com and phone number is 562.430.0503.
Best regards,
~I"\~V-'
Torn Watson
Assistant Project Manager
University Park, LLC
Cc Chuck Diamond
Enclosures
Tract 16509-5
Bond Replacement Request
2
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND TRACT
NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) LOCATED ON THE WEST SIDE
OF NORTHPARK BOULEVARD BETWEEN UNIVERSITY PARKWAY AND THE
DEVIL CREEK FLOOD CONTROL CHANNEL WITH RICHMOND AMERICAN
HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE SPECIFIED
AND APPROVING AMENDMENT NO.1 TO STANDARD FORM OF AGREEMENT
FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND
TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) WITH UNIVERSITY
PARK, LLC AS APPROVED BY RESOLUTION NO. 2005-299, DATED,
SEPTEMBER 6, 2005.
WHEREAS, Resolution No. 2005-299 was adopted on September 6, 2005, approving
two Standard Forms of Agreement with University Park, LLC for Subdivision Tract No.
16509-4 (Unit4 - Lots 74 through 90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105)
with time of performance specified, and
WHEREAS, University Park, LLC has requested that it be relieved from its
responsibilities for performance under terms of said Standard Form of Agreement, except
that it will retain responsibility for improvements in the Landscape Maintenance District, and
WHEREAS, Richmond American Homes of California, Inc. has agree to execute a
substitute Standard Form of Agreement for said subdivisions and assume responsibilities for
performance under terms of said Standard Form of Agreement, subject to the requirement
that University Park, LLC retain responsibility for improvements in the Landscape
Maintenance District.
No! j q
II/DID ~
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RESOLUTION ..... APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND TRACT
NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) .... WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED AND APPROVING AMENDMENT NO.1 TO STANDARD FORM OF
AGREEMENT FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74
THROUGH 90) AND TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105)
WITH UNIVERSITY PARK, LLC AS APPROVED BY RESOLUTION NO. 2005-299,
DATED, SEPTEMBER 6,2005.
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of agreement adopted by Resolution No. 90-427 with
Richmond American Homes of California, Inc., for improvements in Tract No. 16509-4 (lots
74 through 90) and Tract No. 16509-5 (lots 91 through 105) as are required by Title 19 of
the San Bernardino Municipal Code and the California Subdivision Map Act. The time for
performance is specified at 24 months. Said improvements are specifically described and
shown on Drawings approved and on file in the office of Development Services of the City of
San Bernardino.
SECTION 2. The Mayor is also authorized to execute Amendment No. I to the
Standard Form of Agreement for Subdivision Tract No. 16509-4 and Tract No. 16509-5 as
approved by Resolution No. 2005-299 dated September 6, 2005, with University Park, LLC,
attached and incorporated herein as Exhibits A and B, respectively.
24 SECTION 3. This Resolution is rescinded, if the parties to the agreements fail to
25 execute them within sixty (60) days of the passage of this Resolution.
26
27 The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
28 as set forth in this Resolution.
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RESOLUTION ..... APPROVING STANDARD FORM OF AGREEMENT FOR
SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74 THROUGH 90) AND TRACT
NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105) .... WITH RICHMOND
AMERICAN HOMES OF CALIFORNIA, INC., WITH TIME OF PERFORMANCE
SPECIFIED AND APPROVING AMENDMENT NO.1 TO STANDARD FORM OF
AGREEMENT FOR SUBDIVISION TRACT NO. 16509-4 (UNIT 4 - LOTS 74
THROUGH 90) AND TRACT NO. 16509-5 (UNIT 5 - LOTS 91 THROUGH 105)
WITH UNIVERSITY PARK, LLC AS APPROVED BY RESOLUTION NO. 2005-299,
DATED, SEPTEMBER 6,2005.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on
the
day of
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this day of
2006.
Patrick 1. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
Byr :;,f~
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EXHIBIT "A"
AMENDMENT NO.1 TO AGREEMENT
(Subdivision Improvements - Tract No. 16509-4)
THIS AMENDMENT NO. I TO AGREEMENT is made and entered into as of this
day of , 2006, by and between the CITY OF SAN BERNARDINO, a
Municipal Corporation, hereinafter referred to as "City," and UNIVERSITY PARK, LLC,
hereinafter referred to as "Subdivider."
RECITALS
WHEREAS, Resolution No. 2005-299 was adopted on September 6, 2005, approving
a Standard Form of Agreement with University Park, LLC for Subdivision Tract No. 16509-4
(Unit 4 - Lots 74 through 90) with time of performance specified, and
WHEREAS, University Park, LLC has requested that it be relieved from its
responsibilities for performance under terms of said Standard Form of Agreement, except that
it will retain responsibility for improvements in the Landscape Maintenance District, and
WHEREAS, Richmond American Homes of California, Inc. has agreed to execute a
substitute Standard Form of Agreement for said subdivision and assume responsibilities for
performance under terms of said Standard Form of Agreement, subject to the requirement that
University Park, LLC retain responsibility for improvements in the Landscape Maintenance
District.
WHEREAS, Subdivider requested approval of the map prior to the construction and
completion of improvements, including all streets, highways or public ways and public utility
facilities which are a part of, or appurtenant to, the subdivision (hereinafter called
"subdivision") designated in the map, all in accordance with, and as required by, the Plans
and Specifications for all or any of said improvements in, appurtenant to, or outside the limits
of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
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EXHIBIT "A"
NOW THEREFORE, Section 1 "Performance of Work" is hereby amended to
read as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, all improvements in
the Landscape Maintenance District in accordance with the Plans and Specifications on file as
hereinbefore specified, and with any changes required or ordered by said Engineer which, in
his opinion, are necessary or required to complete the work.
2. All other terms and conditions of the original Agreement for Subdivision Tract
No. 16509-4 shall remain unchanged.
III
III
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EXHIBIT "A"
AMENDMENT NO.1 TO AGREEMENT
(Subdivision Improvements - Tract No. 16509-4)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
City Clerk
Approved as to form:
JAMES F. PENMAN,
City Attorney,
3
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
City of San Bernardino
SUBDIVIDER:
Watson & Associates, Inc.
By:
By:
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EXHIBIT "A"
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must bc signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of , 20 ,before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Signature
(This area for official seal.)
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EXHIBIT "B"
AMENDMENT NO.1 TO AGREEMENT
(Subdivision Improvements - Tract 16509-5)
THIS AMENDMENT NO. I TO AGREEMENT is made and entered into as of this
day of , 2006, by and between the CITY OF SAN BERNARDINO, a
Municipal Corporation, hereinafter referred to as "City," and UNIVERSITY PARK, LLC,-,
hereinafter referred to as "Subdivider."
REeIT ALS
WHEREAS, Resolution No. 2005-299 was adopted on September 6, 2005, approving
a Standard Form of Agreement with University Park, LLC for Subdivision Tract No. 16509-5
(Unit4 - Lots 91 through 105) with time of performance specified, and
WHEREAS, University Park, LLC has requested that it be relieved from its
responsibilities for performance under terms of said Standard Form of Agreement, except that
it will retain responsibility for improvements in the Landscape Maintenance District, and
WHEREAS, Richmond American Homes of California, Inc. has agreed to execute a
substitute Standard Form of Agreement for said subdivisions and assume responsibilities for
performance under terms of said Standard Form of Agreement, subject to the requirement that
University Park, LLC retain responsibility for improvements in the Landscape Maintenance
District.
WHEREAS, Subdivider has requested approval of the map prior to the construction
and completion of improvements, including all streets, highways or public ways and public
utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called
"subdivision") designated in the map, all in accordance with, and as required by, the Plans
and Specifications for all or any of said improvements in, appurtenant to, or outside the limits
of subdivision, which Plans and Specifications are now on file in the Office of the City
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17
18
19
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24
25
26
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EXHIBIT "8"
Engineer of the City; and,
NOW THEREFORE, Section I "Performance of Work" is hereby amended to
read as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, all improvements in
the Landscape Maintenance District in accordance with the Plans and Specifications on file as
hereinbefore specified, and with any changes required and ordered by said Engineer which, in
his opinion, are necessary or required to complete the work.
2. All other terms and conditions of the original Agreement for Subdivision Tract
No. 16509-5 shall remain unchanged.
III
III
2
1
2
3
4
5
6
7
8
9
10
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17
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EXHIBIT "B"
AMENDMENT NO.1 TO AGREEMENT
(Subdivision Improvements - Tract No. 16509-5)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
City Clerk
Approved as to form:
JAMES F. PENMAN,
City Attorney,
3
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
City of San Bernardino
SUBDIVIDER:
Watson & Associates, Inc.
By:
By:
1
2
3
4
5
6
7
8
9
10
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12
13
14
15
16
17
18
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EXHIBIT "B"
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
ST A TE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of ,20 ,before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
President, and personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
of the corporation that executed the within instrument, and
know to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the same, pursuant to
its by-laws, or a resolution of its Board of Directors.
WITNESS my hand and official sea!.
Notary Signature
(This area for official sea!.)
4
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item # ~ Re.solution #
Vote: Ayes~ll'ays~ Abstain 9----
Change to motion to amend original documents D Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: D
Note on Resolution of attachment stored separately: D
By:
PUBLISH D
POST D
RECORD W/COUNTY D
Date Sent to Mayor: .,
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Date Memo/Letter Sent for Signature:
1" Reminder Letter Sent:
'l-lg-00
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
D EDA
D Facilities
~ f:~'-..; Finance
D Fire Department
~' ~~ Human Resources
City Administrator
City Attorney
Code Compliance
Development Services
Others:
Notes:
(}()rX:r J-L( q
Absent13--
Reso. Log Updated: JiQ
Seal Impressed: ~
Reso, # on Staff Report JI(b
Date Returned: g - :2- db Not Returned: D
Ye~
Yes
No
NO~
No X--
::?
By_
By_
By_
By_
By_
Yes
Yes
Yes
D Information Services
D Parks & Recreation
~ ~"^-c{[olice Department
D Public Services
D Water Department
D
D
D
D
D
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 18, 2006
TO:
Mike Grubbs, Engineering Manager
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-249
At the Mayor and Common Council meeting of May 15, 2006, the City of San Bernardino adopted
Resolution No. 2006-249 - Resolution approving standard form of agreement for Subdivision Tract No,
16509-4 (Unit 4 - Lots 74 through 90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105) located on
the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control
Channel with Richmond American Homes of California, Inc., with time of performance specified and
approving Amendment No.1 to Standard Form of Agreementfor Subdivision Tract No. 16509-4 (Unit 4-
Lots 74 through90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105) with University Park, LLC as
approved by Resolution No. 2005-299, Dated, September 6, 2005.
I am providing you with one certified copy of Resolution No. 2006-249 and three (3) original sets of
Amendment No, 1 to Agreement (Tract No. 16509-4), three (3) original sets of Amendment No.1 to
Agreement (Tract No. 16509-5), three (3) original sets of Agreement (Subdivision Improvements) for
Tract No. 16509-4, and three (3) original sets of Agreement (Subdivision Improvements) for Tract No.
16509-5. Please obtain signatures wbere indicated and return one fully executed set of original
agreements to the City Clerk's office as soon as possible, attention Dodie Otterbein, Records
Management Coordinator. Please retain one set of agreements for your records and forward the other
executed documents to appropriate parties.
Please be advised that the contract wiD be null and void if not executed within sixty (60) days, or by
Friday, September 8, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein at ex!. 3215. Thank you.
Sandra Medina
Assistant to the City Clerk
~~~~~e mentioned documents.
Date: 7~1(() ~
Please sign and return.