HomeMy WebLinkAboutContracts & Agreements_27-1984_CCv0001.pdf CITY OF REDLANDS
PALMETTO AND DOMESTIC AVENUES SEWER EXTENSION TRUNK LINE
OFF-TRACT SEWER AGREEMENT
1. RECITALS .
1. 01. The parties to this Agreement , who
hereby acknowledge either ownership or control in the later
described properties , are the following: KENT LAND COMPANY;
FRIEDMAN HOMES, INC. ; ROSSMORE INVESTMENTS and FMK INC. ;
REDLANDS 27 LIMITED; REDLANDS TEN INVESTMENT; TKI , INC. ; and
PAUL FRIEDMAN (hereinafter collectively referred to as
"Property Owners") and the CITY OF REDLANDS , CALIFORNIA
(hereinafter referred to as "City") .
1. 02 . Property Owners wish to construct a
sewer trunk line for ultimate dedication to the City and
inclusion in the City ' s sewer system, to provide sewer
service to their respective properties . Property Owners
anticipate constructing the sewer line north of , and roughly
parallel to, Pioneer Avenue from the City ' s existing sewer
system installed at Alabama Street east to Judson Street .
1. 03 . The City acknowledges the value of a
sewer trunk line at such location to provide sewer service
to accommodate development currently proposed, and further
acknowledges the value of oversizing the sewer trunk line to
provide capacity for sewer service to future anticipated
development . The City has expressed its willingness to
accept dedication of the sewer trunk line for inclusion in
the City's sewer system, upon condition that said construc-
tion complies with City standards , and upon further condition
that said sewer trunk line is constructed by the Property
Owners with sufficient oversizing to accommodate sewer
service to future anticipated development .
1. 04 . The City has further expressed its
willingness to advance the sum of $100, 000 for construction
of the sewer trunk line and to pay, in accordance with City
ordinances in effect , for the incremental cost of oversizing
said sewer trunk line once said line has been constructed,
dedicated to and accepted by the City, with the City and
specified Property Owners to be reimbursed for their advances
for oversizing and off-site construction as benefitted
properties subsequently develop.
1. 05 . It is the desire of all parties to
have the Property Owners proceed with the construction and
installation of a product which will satisfy City standards
and be acceptable to the City at the time it is offered for
dedication and inclusion in the City ' s sewer system. The
purpose of this Agreement is to (a) set forth the rights ,
duties and obligations of the Property Owners relative to
the design of the project , the acquisition of necessary
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easements , and actual construction of a sewer trunk line
which will be acceptable for dedication to the City once
completed, and (b) to provide certain assurances by the City
that the sewer trunk line will be accepted for dedication if
constructed in accordance with City requirements , that City
will advance the sum of $100,000 for construction and will
pay the incremental cost of oversizing to service future
anticipated development as required by City ordinances in
effect at the date of this Agreement , and that the Property
Owners will receive their allocated share of reimbursements
as benefitted properties subsequently develop.
2. DUTIES OF PROPERTY OWNERS .
2 . 01. The Property Owners , and each of them,
agree to cooperate with each other in the construction of a
sewer trunk line north of, and roughly parallel to, Pioneer
Avenue within existing or proposed rights-of-way for Palmetto
and Domestic Avenues to extend the City ' s existing sewer
system from Alabama Street east to Judson Street . The sewer
trunk line will be constructed by the Property Owners in
anticipation of offering said line to City for incorporation
into City' s sewer system for the provision of City sewer
service to their respective properties .
2. 02 . The Property Owners agree that Friedman
Homes , Inc. , shall act as construction manager on behalf of
all Property Owners . In such capacity, Friedman Homes ,
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Inc . , shall arrange for the engineering design, plans and
specifications for the project , which shall be approved by
the City Engineer prior to commencement of construction,
will endeavor to secure all necessary easements and rights-
of-way in a form which will be acceptable for ultimate
dedication to the City, and will oversee actual construction
of the sewer trunk line and ultimate dedication to the City.
All facilities shall be constructed and installed in full
compliance with approved plans and specifications . The
contractor shall ensure completion of construction by posting
a Performance Bond which names the Property Owners and the
City as obligees . The Property Owners shall reimburse
Friedman Homes , Inc . , for actual costs incurred in performing
services as construction manager, in proportion to each
Property Owner' s obligation for total project costs as set
forth in this Agreement .
2 . 03 . The Property Owners further agree to
pay their allocated share of the total cost of the project ,
including cost of easement acquisition, permit fees , engi-
neering, trunk main construction, legal fees , incidental
costs and administration of the project . These anticipated
costs plus an additional 10% for contingencies shall be
deposited into an interest bearing construction account from
which Friedman Homes , Inc. , as construction manager, shall
be authorized to withdraw such sums as may be necessary to
pay for the costs directly related to the project . Friedman
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Homes , Inc. , will maintain a separate accounting which will
be available for audit by the Property Owners and the City.
If additional contributions to the account are needed to
complete the project , Friedman Homes , Inc. , will advise all
other Property Owners of the necessity for additional contri-
butions , and the Property Owners hereby agree to immediately
contribute or authorize the necessary amounts in proportion
to their obligation for total project costs as set forth
herein. Upon completion of the project and acceptance of
the completed sewer trunk line by City , any excess monies
remaining in the account , following payment of escrow fees
and other project related expenses , will be returned to the
Property Owners in the same proportion as their contributions
to said account .
2 . 04 . The allocated contributions by the
Property Owners to the construction account , and financial
obligations for funding the total project costs shall be
determined as follows :
(a) In-Tract Sewer Portion: Any portion of
the sewer trunk line which is located within or
abutting property owned or controlled by any of
the Property Owners who are a party to this Agree-
ment shall be considered In-Tract . The costs
attributable to the In-Tract portions of the sewer
trunk line extending from Alabama Street east to
Judson Street shall be shared by the Property
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Owners in proportion to the number of lineal feet
of sewer main located within or abutting on the
property owned or controlled by each respective
Property Owner.
(b) Off-Tract Sewer Portion: All portions
of the sewer trunk line which are not located
within or abutting any of the properties owned or
controlled by the Property Owners shall be consid-
ered Off-Tract . The costs attributable to the
Off-Tract portions of the sewer trunk line, includ-
ing the cost of Off-Tract easement acquisition,
extending from Alabama Street east to Judson
Street shall be shared by Kent Land Company,
Friedman Homes , Inc. , Rossmore Investments and FMK
Inc. , Redlands 27 Limited, and Paul Friedman in
proportion to the total acreage of the property
owned or controlled by each of these Property
Owners which will be benefitted and served by the
sewer trunk line ; provided, however, that the
total cost to Rossmore Investments and FMK Inc. ,
for In-Tract and Off-Tract facilities shall not
exceed the sum of $100 ,000, and Friedman Homes
shall pay the difference between the $100,000
limit and the remainder of Off-Tract costs other-
wise attributable to Rossmore Investments and FMK
Inc.
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(c) Non-developer owners : Robert E. Mills ,
Lester H. Noreen, and Perry and Eleanor Heaverin
own property which will benefit from the facili-
ties to be constructed, and wish to contribute
their proportionate share of expenses attributable
to their properties as set forth in this Agreement
without being parties to this Agreement . There-
fore, they have arranged separately to pay their
estimated proportionate share of the costs and
expenses to Friedman Homes , Inc. The parties
herein agree that Friedman Homes , Inc. , shall be
responsible for all obligations pertaining to
these properties pursuant to this agreement , and
that the City shall treat Robert E. Mills , Lester H.
Noreen, and Perry and Eleanor Heaverin as Property
Owners for purposes of benefits afforded pursuant
to this Agreement . The properties subject to this
subparagraph (c) are identified on Exhibit "A"
attached hereto.
2 . 05 . The attached Exhibit A presents a
preliminary estimated cost breakdown for the Palmetto and
Domestic Avenue sewer trunk line extension. Indicated are
the various Property, Owners ' respective acreages owned or
controlled for purposes of sharing in the Off-Tract costs
and their respective crossing lengths for purposes of sharing
in the In-Tract costs . It is hereby acknowledged by the
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Property Owners that these properties indicated are, in
fact , owned or controlled by the parties and that they will
be benefitted from this Agreement . Further, it is also
understood and acknowledged that the resultant total net
costs indicated are approximate and for purposes of
illustration only. Friedman Homes , Inc. , will solicit
proposals from contractors to perform the work, and based
upon the contract price and other anticipated costs each
Property Owner will deposit into a construction account , in
advance , his share of estimated project costs plus 10% for
contingencies as provided in Paragraph 2 . 03 herein. The
actual and final costs together with the allocation of same
as hereinabove described will be determined by the actual
contracts , invoices , purchase orders , etc . , incurred and
with the allocations reviewed and approved for accuracy and
fairness by the City .
2 . 06 . Upon completion of the sewer trunk
line, the Property Owners will deliver to the City a
recorded Notice of Completion and evidence acceptable to the
City that all labor and materials furnished upon the project
have been fully paid for. The Property Owners will also
convey to the City as-built drawings of the installed trunk
line , together with clear title to all easements and other
property interests pertaining to the sewer trunk line, in a
form acceptable to the City, and the installed facilities
themselves .
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2 .07 . The Property Owners guarantee the
material and workmanship supplied in constructing the sewer
trunk line and appurtenant facilities , and agree to replace
all materials and pay for all installation costs made neces-
sary by defects in material or workmanship that become
evident within one (1) year after the date of conveyance to
the City. The Property Owners also agree to defend the City
and hold it harmless from any claims of any kind which may
arise from damage due to said defects .
3. DUTIES OF CITY.
3 .01. City agrees to review the Property
Owners ' engineering design, plans and specifications prior
to commencement of construction to determine compliance with
the City requirements , to cooperate with the Property Owners
in the acquisition of all governmental permits and easements
from property owners , and to provide inspection of construc-
tion to assure suitability for ultimate dedication of the
sewer trunk line to the City .
3 . 02 . City further agrees to make City staff
and the City Attorney available to the Property Owners as
needed for completion of the project , upon condition that
the City Attorney shall continue to represent City in the
event of any dispute, and upon the further condition that
Developers will pay for all attorney ' s fees incurred for
legal work performed in relation to the project .
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3 . 03 . In acknowledgment that the project is
not a public works project of the City, but is rather a
private project , the City will not be a party to the contract
for construction. However, the City agrees to advance the
previously described X100 ,000 toward the cost of construc-
tion upon execution of the construction contract and a
performance bond naming the City as obligee, to accept
dedication and conveyance of the completed sewer trunk line
and necessary easements if said line and easements comply
with City requirements , to reimburse the Property Owners for
the incremental cost of oversizing said line as provided by
City rules and regulations , and to reimburse specified
Property Owners for their contributions to construction of
Off-Tract portions of the sewer trunk line as hereinafter
set forth.
(a) Oversizipg. The cost of oversizing
pursuant to current City ordinance is determined
to be 1. 3 times the difference between the cost of
materials needed to provide capacity for the
property which will connect to the sewer trunk
line extension, as determined by City' s Engineer,
and the cost of material actually installed to
provide additional capacity beyond that required
to service the property which will connect to the
sewer trunk line extension, as determined by
City' s Engineer. City estimates at this time said
payment by the City will be approximately $281,890.
To demonstrate good faith, the City will place
$281,890 in a separate City account pending comple-
tion of the project and acceptance by the City.
Upon completion and acceptance by the City, the
City will pay each Property Owner his proportional
share of the reimbursement for oversizing.
(b) Off-Tract Contributions . For a period
of 15 years following completion of the work and
conveyance to the City, the City will reimburse
the previously specified Property Owners in propor-
tion to their contributions to construction of
Off-Tract portions of the sewer trunk line exten-
sion from fees collected by the City for connection
to such Off-Tract portions . Fees for subsequent
connections by non-participating property owners
to Off-Tract portions shall be based upon front
footage and upon acreage within a designated area
of benefit as determined by the City Council , and
will be calculated and adjusted each year to
reimburse the designated Property Owners for their
respective contributions plus a percentage return
equal to the percentage return earned by the City
on its investments during the previous year as
reported by the City Treasurer. Each year for 15
years the City shall reimburse each specified
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Property Owner his pro rata share of fees collected
pursuant to this paragraph upon receipt of written
request . This agreement shall be conditional upon
action by the City Council to impose connection
fees within a designated area of benefit as set
forth herein.
3 .04 . The Property Owners acknowledge that
the City has already paid for the installation of a sleeve
beneath State Route 30 to accommodate the sewer trunk line
extension and that the City agrees herein to place $100,000
into a construction account upon execution of the construc-
tion contract and a performance bond naming the City as
obligee. It is therefore agreed that fees collected by the
City for connection to Off-Tract portions of the sewer trunk
line extension pursuant to Paragraph 3 .03 (b) will be applied
first to reimburse the City for its contributions to con-
struction, including installation of the sleeve but not
including oversizing, and thereafter applied to reimbursement
of specified Property Owners as set forth in Paragraph
3 .03(b) .
3 . 05 It is understood that each of the
Property Owners , their successors and assigns , are forever
exempted from the fees described in Paragraph 3 .03(b) of
this Agreement upon development of their respective proper-
ties and connection to In-Tract facilities .
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4. ENFORCEMENT.
4. 01 . In the event that any party to this
Agreement shall fail to perform its duties as set forth
herein, and legal action is commenced to compel enforcement
or obtain damages , the party or parties that fail to perform
their part of the Agreement hereby agree to pay any and all
costs involved therein, including a reasonable attorney' s
fee .
5 . SUCCESSORS .
5 . 01. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns
of the parties herein, and each of them.
PROPEly Y CrWNF,,kS,,
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KEN IiAND'' COM
Dated: B
FRIEDMANH S , INC.
Dated: J By:
ROSSMOREN"VSTMENTS A" F ' INC.
Dated: By
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REDLANDS 27 LIMITED
Dated: By :
REDLANDS TEN INVESTMENT
Dated: A By:
TKI , INC.
Dated: 2-111 '� B
y :
PAUL FRI, N
r
Dated: By:
t
CITY
CITY OF REDLANDS
A
Dated: December 18, 1984 By:
Mayor of the City of
Redlands , California
ATTEST:
City C erk of tl /C- ty of
Redly ds , Calif�nia
14_
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EXHIBIT "A"
Cid of Redlands
Palmetto Domestic Avenue Sewer 'Truck Line Extension
East of Alabama Street to Judson Street., approximately 15,600 feet through
a service area approximately 750 acres.
Total Estimated Cast of Sewer Line:
15,600 x $46.54jft. grass before reimbb. for oversizi.ng $726,000
Less Participation Property Owners Net Crossing Costs - In-Tract Facilities
Property Owner Properties Acreage Lenath Net Cost
Kent Tr. 9979 18.31 636 $ 15,220
PHI Tr. 9828 2.8.71 716 17,150
Redlands 27 167-071-8, 9, 27.76 946 22,540
10 & 11
Redlands Ten 167-081-11 8.20 .310 7,420
Mills & Noreen 167-081-5 & 6 19.47 666 15,940
TK.I 167-081-9 9.77 352 8,430
Paul Friedman 167-081-3 9.77 344 8,230
Heaverin 167-081-4 9.77 336 8,040
Rossmore Invest- 292-071-10 & 35 78.32 2504 59,930
ments (RI) & FMK, 167-031-2, 4 & 16
Inc. Properties 167-061-4
167-071-4, 5 & 17
167-041-13
Totals 200.08 6810 $163,000 (163,000)
Less: City Oversizing of Total Line 15,600 x 18.07 (281,890)
City Contribution for Construction (100,000)
Remaining Cost to be Shared by Developers for {off- $181,110
Tract Portion of Sewer Line
EXHIBIT "A"
City of Redlands
Palmetto & Domestic Avenue Sewer Truck Line Extension
East of Alabama Street to Judson Street, approximately 15,600 feet through
a service area approximately 750 acres.
Total Estimated Cost of Sewer eine:
15,600 x $46.54jft. dross before reimb. for oversizing $726,{}00
Less Participation Property Owners Net Crossing Costs - In-Tract Facilities
Property Owner Properties Acreage Length Net Cost
Kent fir. 9979 28.31 636 $ 15,220
FHI Tr. 9828 18.71 716 17,150
Redlands 27 167-071-8, 9, 27.76 946 22,640
10 & 11
Redlands men 167-081-11 8.20 310 7,420
Mills & Noreen 167-081-5 & 6 19.47 666 15,940
TKI 167-081-9 9.77 352 8,430
Paul Friedman 167-081-3 9.77 344 8,230
Heaverin 167-081-4 9.77 336 8,040
Rossmore Invest- 292-071-10 & 35 78.32 2504 59,930
ments (RI) & FMK, 167-031-2, 4 & 16
Inc. Properties 167-061-4
167-071-4, 5 & 17
167-041-13
Totals 200.08 6810 $163,000 (163,000)
Less: City Oversizing of Total Line 15,600 x 18.07 (281,890)
City Contribution for Construction (100,000)
Remaining Cost to be Shared. by Developers for Off- $181,110
Tract Portion of Surer Line
EXHIBIT "A"
Allocation of Remaininc Costs
Prooerty Owner Acreage Percentage Net Cost
Kent Tr. 9979 18.31 12.0% $ 21,730
FHI Tr. 9828 18.71 12.2 22,100
FHI, (RI & FMX 52,660
share) [78.32] [51.2]
RI & FMK (less 40,070
FHI share)
Redlands 27 27.76 18.2 32,960
Paul Friedman 9.77 6.4 11,590
Totals 152.87 100.0% $181,110
Recap of Sewer Line Participants
Prooertv Owner In Tract Off Tract Total
Kent 15,220 21,730 36,950
FRI 17,150 22,100 39,250
FHI (RI & FMK - 52,660 52,660
share)
Paul Friedman 8,230 11,590 19,820
RI & FMK (less 59,930 40,070 100,000
FHI share)
Redlands 27 22,640 32,960 55,600
Redlands Ten 7,420 - 7,420
Mills & Noreen 15,940 - 15,940
TKI 8,430 - 8,430
Heaverin 8,040 - 8,040
Sub-Total Property Owners 1244j110
City - Oversizing $281,890 381,890
Contribution $100,000
Total $726,000
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5/17/85
r,off DED IN
OFFICIAL F : C :
RECORDING REQUESTED BY 1986 FEB —3 AM 11. 02
Redlands City Engineer SAN BERNPRDINCI
AND WHEN RECORDED RETURN ToCO., CALIF.
,z
City Clerk °
City of Redlands ,,, ...
P. C. . Box 280
Redlands , California 92373
FEE ;IVY c ) LAT
E3
10
GRANT OF EASEMENTS
? ewer Line )
TROJAN GROVES , a California general partnership
( "Grantor" ) , for a valuable consideration, the value, sufficiency
and receipt of which is hereby acknowledged, does hereby grant to
the City of Redlands. , a municipal corporation duly organized if,
accordance with the laws of the State of California ( "Grantee" ) ,
the real property in the County of San Bernardino, State of
California , described as follows :
1 . PARCEL" I/SEWER EASEMENT. A non-exclusive easement
for the construction and placement of sanitary sewer facilities ,
pipelines and right-of-way purposes , including the maintenance,
repair and use of said facilities and pipelines , and ingress and
egress over that certan ten ( 10 ) foot strip of land more
particularly= described in Exhibit "A" attached hereto and
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed to
Cit of Redlands dated September 18, 1985
fi
from Trojan Groves, a California eneral artnershi
to the City of Redlands, a governmental agency,
sdhereby
ac cepted zed offand
the Grantee consents to recordation thereofy
its r.
Dated: January. 29, 1986
Cit Manager, City of Redlands
d
r ,
m• ea
w
RECORDING REQUESTE ..,.
Redlands City Engineer
86
406
D WHEN RECORDED RETURN TO: RECORDEDIN
OFFICIAL. RECORD:
City Clerk
City of Redlands FE 1586 FEB -3 Aid 11' 0
P. 0. Box 280 VY Q I >
Redlands, CA 92373 SAN B ERN AR D N0
CO,. CALIF.
GRANT OF EASEMENT
SAM PERRICONE and LOUIS ROMOFF, doing business as P t R Ranch Company; ROBERT
J. INGTON: THOMAS EADI GTON and LINDA J. EADINGTON; WALTER G. HOWALD;
RAYMOND KOSI and GWEN KOSI; FMK, INC. , a California corporation; ROSMORE
INVESTMENTS, a California corporation; REDLANDS 27, Limited, a California limited
partnership.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, do hereby
grant to City of Redlands, a municipal corporation duly organized in accordance
with the laws of the State of California, the real property in the County of
Sari Bernardino, State of California, described as follows:
An easement for sanitary sewer facilities, pipelines and right-of-way purposes,
including the construction, maintenance, repair and use of said facilities
and pipelines, and ingress and egress, more particularly described as follows:
PARCEL 1 - SEWLR EASEMENT
:that portion of the South one-half of the Northwest one-quarter and the North
one-half of the Southwest one-quarter of Section 15, and that portion of the
South one-half of the Forth one-half, and the. North one-half of the South one-
li if of Section 16, Township 1 South, Mange 3 West, S.B.M. , lying witlrin a
strip of land along the following described line: the widths of said strip
of land being 8.00 feet dnd 10.00 feet as designated hereinafter;
Commencing at the center of said Section 15;
Thence S. OVOU'35""L. along the Nortlr-South center section line of said Section
15, alaao being the centerline of Orange Street , a distance of 9. 93 poet to tlxc
point of beginning of the centerline of said 10.00 foot strip of land;
Thence S=89°59125"W. , a distance of 70.00 feet;
"Thence N.89*56'58"W. , a distance of 875,18. feet;
'thence Westerly on a curve concave Northerly, leaving a radius of 200.00 feet ,
through an angle of 06°46'12", an arc length of 23. 63 feet;
Thence N.83°10"46"W. , a distance of 30.57 feet to the termination of the cent.er-
line of' said 10.00 foot strip of land also being the point of beginning of all
8.00 foot strip of land, being 5.00 feet Northerly and 3.00 .feet Southerly of
the following described line;