2014/05/21 Menifee Development, LLC FY15 Heritage Lake TUMF Agreement TR34406 IMPROVEMENT AND CREDIT/REIMBURSEMENT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
This IMP OVEMEN:AND CREDIT AGREEMENT("Agreement")is entered into
thisof 2014, by and between the City of Menifee, a California
municipal corporation ("A Nand Menifee Development, LLC a California Limited
Liability Corporation, with is pal place of business at 255 E. Rincon Street, Suite 200,
Corona, California, 92879 ("Developer"). AGENCY and Developer are sometimes hereinafter
referred to individually as"Parry" and collectively as"Parties".
RECITALS
WHEREAS, Developer owns 231.89 acres of real property located within the City of
Menifee, California, which is more specifically described in the legal description set forth in
Exhibit"A", attached hereto and incorporated herein by this reference("Property");
WHEREAS,Developer has requested from AGENCY-certain entitlements and/or permits
for the construction of improvements on the Property, which are more particularly described as
817 dwelling units within Tracts 34406, 34406-1, 34406-2, 34406-3, 34406-4, 34406-5, and
34406-6,which include improvements to Briggs Road and McCall Boulevard ("Project");
WHEREAS, the AGENCY is a member agency of the Western Riverside Council of
Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and 17
cities located in Western Riverside County. WRCOG is the administrator for the Transportation
Uniform Mitigation Fee("TUMF") Program;
WHEREAS, as part of the TUMF Program, the AGENCY has adopted "Transportation
Uniform Mitigation Fee Nexus Study: 2009 Update" ("2009 Nexus Study")
WHEREAS,as a condition to AGENCY's approval of the Project,AGENCY has required
Developer to construct certain street and transportation system improvement(s) of regional
importance ("TUMF Improvements");
WHEREAS,pursuant to the TUMF Program,the AGENCY requires Developer to pay the
TUMF which covers the Developer's fair share of the costs to deliver those TUMF Improvements
that help mitigate the Project's traffic impacts and burdens on the Regional System of Highways
and Arterials (also known as the "TUMF Network"), generated by the Project and that are
necessary to protect the safety, health and welfare of persons that travel to and from the Project
using the TUMF Network;
WHEREAS,the TUMF Improvements have been designated as having Regional or Zonal
Significance as further described in the 2009 Nexus Study and the 5 year Transportation
Improvement Program as may be amended;
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WHEREAS, AGENCY and Developer now desire to enter into this Agreement for the
following purposes: (1) to provide for the timely delivery of the TUMF Improvements, (2) to
ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were
constructed under the direction and authority of the AGENCY, (3) to provide a means by which
the Developer's costs for project delivery of the TUMF Improvements and related right-of-ways
is offset against Developer's obligation to pay the applicable TUMF for the Project in accordance
with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to
the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and
authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF
obligation.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable
consideration, the adequacy of which is hereby acknowledged, Developer and AGENCY
hereby agree as follows:
TERMS
1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the
Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Construction of TUMF Improvements. Developer shall construct or have
constructed at its own cost, expense, and liability certain street and transportation system
improvements generally described as construction of half-width plus one lane and dedicated of
Right of Way(ROW) improvements to Briggs Road adjacent to TR34406 from Grand Avenue to
Mathews Road and construction of full width improvements to McCall Boulevard from Briggs
Road westerly to existing terminus, and as shown more specifically on the plans, profiles, and
specifications which have been or will be prepared by or on behalf of Developer and approved by
AGENCY, and which are incorporated herein by this reference, ("TUMF Improvements").
Construction of the TUMF Improvements shall include any transitions and/or other incidental
work deemed necessary for drainage or public safety. Developer shall be responsible for the
replacement, relocation, or removal of any component of any existing public or private
improvement in conflict with the construction or installation of the TUMF Improvements. Such
replacement, relocation, or removal shall be performed to the complete satisfaction of AGENCY
and the owner of such improvement. Developer further promises and agrees to provide all
equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully
and adequately complete the TUMF Improvements.
2.1 Pre-approval of Plans and Specifications. Developer is prohibited from
commencing work on any portion of the TUMF Improvements until all plans and specifications
for the TUMF Improvements have been submitted to and approved by AGENCY. Approval by
AGENCY shall not relieve Developer from ensuring that all TUMF Improvements conform with
all other requirements
rnents and standards set forth in this Ag
reement.
reement.
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2.2 Permits and Notices. Prior to commencing any work, Developer shall, at
its sole cost, expense, and liability,obtain all necessary permits and licenses and give all necessary
and incidental notices required for the lawful construction of the TUMF Improvements and
performance of Developer's obligations under this Agreement. Developer shall conduct the work
in full compliance with the regulations, rules, and other requirements contained in any permit or
license issued to Developer.
2.3 Public Works Requirements. In order to insure that the TUMF
Improvements will be constructed as if they had been constructed under the direction and
supervision,or under the authority of,AGENCY, Developer shall comply with all of the following
requirements with respect to the construction of the TUMF Improvements:
(a) Developer shall obtain bids for the construction of the TUMF
Improvements,in conformance with the standard procedures and requirements of AGENCY with
respect to its public works projects, or in a manner which is approved by the Public Works
Department.
(b) The contract or contracts for the construction of the TUMF
Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive
bid(s) for the construction of the TUMF Improvements.
(c) Developer shall require, and the specifications and bid and contract
documents shall require, all such contractors to pay prevailing wages (in accordance with Articles
1 and 2 of Chapter 1,Part 7,Division 2 of the Labor Code)and to otherwise comply with applicable
provisions of the Labor Code, the Government Code and the Public Contract Code relating to
public works projects of cities/counties and as required by the procedures and standards of
AGENCY with respect to the construction of its public works projects or as otherwise directed by
the Public Works Department.
(d) All such contractors shall be required to provide proof of insurance
coverage throughout the term of the construction of the TUMF Improvements which they will
construct in conformance with AGENCY's standard procedures and requirements.
(e) Developer and all such contractors shall comply with such other
requirements relating to the construction of the TUMF Improvements which AGENCY may
impose by written notification delivered to Developer and each such contractor at any time, either
prior to the receipt of bids by Developer for the construction of the TUMF Improvements, or, to
the extent required as a result of changes in applicable laws, during the progress of construction
thereof.
Developer shall provide proof to AGENCY, at such intervals and in such form as AGENCY may
require that the foregoing requirements have been satisfied as to the TUMF Improvements.
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2.4 Quality of Work; Compliance With Laws and Codes. The construction
plans and specifications for the TUMF Improvements shall be prepared in accordance with all
applicable federal, state and local laws, ordinances, regulations, codes, standards, and other
requirements. The TUMF Improvements shall be completed in accordance with all approved
maps, plans, specifications, standard drawings, and special amendments thereto on file with
AGENCY, as well as all applicable federal, state, and local laws, ordinances, regulations, codes,
standards, and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall
perform all work required, constructing the TUMF Improvements in a skillful and workmanlike
manner, and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. Developer represents and maintains
that it or its contractors shall be skilled in the professional calling necessary to perform the work.
Developer warrants that all of its employees and contractors shall have sufficient skill and
experience to perform the work assigned to them, and that they shall have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the work, and
that such licenses, permits, qualifications and approvals shall be maintained throughout the term
of this Agreement.
2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF
Improvements completed as shown on approved plans and specifications, and any subsequent
alterations thereto. If during the course of construction and installation it is determined that the
public interest requires alterations in the TUMF Improvements, Developer shall undertake such
design and construction changes as may be reasonably required by AGENCY. Any and all
alterations in the plans and specifications and the TUMF Improvements to be completed may be
accomplished without first giving prior notice thereof to Developer's surety for this Agreement.
3.0 Maintenance of TUMF Improvements. AGENCY shall not be responsible or liable
for the maintenance or care of the TUMF Improvements until AGENCY approves and accepts
them. AGENCY shall exercise no control over the TUMF Improvements until accepted. Any use
by any person of the TUMF Improvements, or any portion thereof, shall be at the sole and
exclusive risk of Developer at all times prior to AGENCY's acceptance of the TUMF
improvements. Developer shall maintain all of the TUMF Improvements in a state of good repair
until they are completed by Developer and approved and accepted by AGENCY, and until the
security for the performance of this Agreement is released. It shall be Developer's responsibility
to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such
maintenance work when notified to do so by AGENCY. If Developer fails to properly prosecute
its maintenance obligation under this section, AGENCY may do all work necessary for such
maintenance and the cost thereof shall be the responsibility of Developer and its surety under this
Agreement. AGENCY shall not be responsible or liable for any damages or injury of any nature
in any way related to or caused by the TUMF Improvements or their condition prior to acceptance.
4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all
fees, charges, and taxes arising out of the construction of the TUMF Improvements, including,but
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not limited to, all plan check, design review, engineering, inspection, sewer treatment connection
fees, and other service or impact fees established by AGENCY.
5.0 AGENCY Inspection of TUMF Improvements. Developer shall, at its sole cost,
expense, and liability, and at all times during construction of the TUMF Improvements, maintain
reasonable and safe facilities and provide safe access for inspection by AGENCY of the TUMF
Improvements and areas where construction of the TUMF Improvements is occurring or will
occur.
6.0 Liens. Upon the expiration of the time for the recording of claims of liens as
prescribed by Sections 3115 and 3116 of the Civil Code with respect to the TUMF Improvements,
Developer shall provide to AGENCY such evidence or proof as AGENCY shall require that all
persons, firms and corporations supplying work, labor, materials, supplies and equipment to the
construction of the TUMF Improvements, have been paid, and that no claims of liens have been
recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration
of the said time for the recording of claims of liens, Developer may elect to provide to AGENCY
a title insurance policy or other security acceptable to AGENCY guaranteeing that no such claims
of liens will be recorded or become a lien upon any of the Property.
7.0 Acceptance of TUMF Improvements• As-Built or Record Drawings. If the TUMF
Improvements are properly completed by Developer and approved by AGENCY, and if they
comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards,
and other requirements, AGENCY shall be authorized to accept the TUMF Improvements.
AGENCY may, in its sole and absolute discretion, accept fully completed portions of the TUMF
Improvements prior to such time as all of the TUMF Improvements are complete, which shall not
release or modify Developer's obligation to complete the remainder of the TUMF Improvements.
Upon the total or partial acceptance of the TUMF Improvements by AGENCY, Developer shall
file with the Recorder's Office of the County of Riverside a notice of completion for the accepted
TUMF Improvements in accordance with California Civil Code section 3093 ("Notice of
Completion"), at which time the accepted TUMF Improvements shall become the sole and
exclusive property of AGENCY without any payment therefore. Notwithstanding the foregoing,
AGENCY may not accept any TUMF Improvements unless and until Developer provides one (1)
set of"as-built" or record drawings or plans to the AGENCY for all such TUMF Improvements.
The drawings shall be certified and shall reflect the condition of the TUMF Improvements as
constructed, with all changes incorporated therein.
8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF
Improvements against any defective work or labor done, or defective materials furnished in the
performance of this Agreement, including the maintenance of the TUMF Improvements, for a
period of one (1) year following completion of the work and acceptance by AGENCY
("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective
or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current
ordinances, resolutions, regulations, codes, standards, or other requirements of AGENCY, and to
the approval of AGENCY. All repairs, replacements, or reconstruction during the Warranty shall
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be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF
Improvements which have been repaired, replaced, or reconstructed during the Warranty,
Developer and its surety hereby agree to extend the Warranty for an additional one (1)year period
following AGENCY's acceptance of the repaired, replaced, or reconstructed TUMF
Improvements. Nothing herein shall relieve Developer from any other liability it may have under
federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following
expiration of the Warranty or any extension thereof. Developer's warranty obligation under this
section shall survive the expiration or termination of this Agreement.
9.0 Administrative Costs. If Developer fails to construct and install all or any part of
the TUMF Improvements, or if Developer fails to comply with any other obligation contained
herein, Developer and its surety shall be jointly and severally liable to AGENCY for all
administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred
in obtaining compliance with this Agreement or in processing any legal action or for any other
remedies permitted by law.
10.0 Default; Notice; Remedies.
10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete
any obligation,term,or condition of this Agreement,or if AGENCY determines there is a violation
of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement,
AGENCY may at any time thereafter declare Developer to be in default or violation of this
Agreement and make written demand upon Developer or its surety,or both,to immediately remedy
the default or violation ("Notice"). Developer shall substantially commence the work required to
remedy the default or violation within five (5) days of the Notice. If the default or violation
constitutes an immediate threat to the public health, safety, or welfare,AGENCY may provide the
Notice verbally, and Developer shall substantially commence the required work within twenty-
four(24) hours thereof. hmnediately upon AGENCY's issuance of the Notice, Developer and its
surety shall be liable to AGENCY for all costs of construction and installation of the TUMF
Improvements and all other administrative costs or expenses as provided for in this Section 10.0
of this Agreement.
10.2 Failure to Remedy; AGENCY Action. If the work required to remedy the
noticed default or violation is not diligently prosecuted to a completion acceptable to AGENCY
within the time frame contained in the Notice, AGENCY may complete all remaining work,
arrange for the completion of all remaining work, and/or conduct such remedial activity as in its
sole and absolute discretion it believes is required to remedy the default or violation. All such
work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer
and its surety, without the necessity of giving any further notice to Developer or surety.
AGENCY's right to take such actions shall in no way be limited by the fact that Developer or its
surety may have constructed any of the TUMF Improvements at the time of AGENCY's demand
for performance. In the event AGENCY elects to complete or arrange for completion of the
remaining work and the TUMF Improvements, AGENCY may require all work by Developer or
its surety to cease in order to allow adequate coordination by AGENCY.
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Heritage Lake Phase IV—TUMF Credit Agreement
10.3 Other Remedies. No action by AGENCY pursuant to this Section 10.0 et
se�C. of this Agreement shall prohibit AGENCY from exercising any other right or pursuing any
other legal or equitable remedy available under this Agreement or any federal, state, or local law.
AGENCY may exercise its rights and remedies independently or cumulatively, and AGENCY
may pursue inconsistent remedies. AGENCY may institute an action for damages, injunctive
relief, or specific performance.
11.0 Securi ; Surety Bonds. Prior to the commencement of any work on the TUMF
Improvements, Developer or its contractor shall provide AGENCY with surety bonds in the
amounts and under the terms set forth below ("Security"). The amount of the Security shall be
based on the estimated actual costs to construct the TUMF Improvements, as determined by
AGENCY after Developer has awarded a contract for construction of the TUMF Improvements to
the lowest responsive and responsible bidder in accordance with this Agreement ("Estimated
Costs"). If AGENCY determines, in its sole and absolute discretion,that the Estimated Costs have
changed, Developer or its contractor shall adjust the Security in the amount requested by
AGENCY. Developer's compliance with this Section 11.0 et seq. of this Agreement shall in no
way limit or modify Developer's indemnification obligation provided in Section 12.0 of this
Agreement.
11.1 Performance Bond. To guarantee the faithful performance of the TUMF
Improvements and all the provisions of this Agreement, to protect AGENCY if Developer is in
default as set forth in Section 10.0 et seq. of this Agreement, and to secure the one-year guarantee
and warranty of the TUMF Improvements, Developer or its contractor shall provide AGENCY a
faithful performance bond in an amount which sum shall be not less than one hundred percent
(100%) of the Estimated Costs. The AGENCY may, in its sole and absolute discretion, partially
release a portion or portions of the security provided under this section as the TUMF Improvements
are accepted by AGENCY, provided that Developer is not in default on any provision of this
Agreement and the total remaining security is not less than ten percent (10%) of the Estimated
Costs. All security provided under this section shall be released at the end of the Warranty period,
or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer
is not in default on any provision of this Agreement.
11.2 Labor & Material Bond. To secure payment to the contractors,
subcontractors, laborers,materialmen, and other persons furnishing labor,materials, or equipment
for performance of the TUMF Improvements and this Agreement,Developer or its contractor shall
provide AGENCY a labor and materials bond in an amount which sum shall not be less than one
hundred percent (100%) of the Estimated Costs. The security provided under this section may be
released by written authorization of AGENCY after six (6) months from the date AGENCY
accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all
stop notice or mechanic's lien claims of which AGENCY is aware,plus an amount equal to twenty
percent (20%) of such claims for reimbursement of AGENCY's anticipated administrative and
legal expenses arising out of such claims.
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11.3 Additional Requirements. The surety for any surety bonds provided as
Security shall have a current A.M. Best rating of at least "A" and FSC-VIII, shall be licensed to
do business in California, and shall be satisfactory to AGENCY. As part of the obligation secured
by the Security and in addition to the face amount of the Security, Developer, its contractor or the
surety shall secure the costs and reasonable expenses and fees,including reasonable attorney's fees
and costs, incurred by AGENCY in enforcing the obligations of this Agreement. Developer, its
contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or
addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications
for the TUMF Improvements shall in any way affect its obligation on the Security.
11.4 Evidence and Incomoration of Security. Evidence of the Security shall be
provided on the forms set forth in Exhibit `B", unless other forms are deemed acceptable by the
AGENCY, and when such forms are completed to the satisfaction of AGENCY, the forms and
evidence of the Security shall be attached hereto as Exhibit `B" and incorporated herein by this
reference.
12.0 Indemnification. Developer shall defend,indemnify, and hold harmless AGENCY,
its elected officials, employees, and agents from any and all actual or alleged claims, demands,
causes of action, liability,loss,damage,or injury to property or persons,including wrongful death,
whether imposed by a court of law or by administrative action of any federal, state, or local
governmental agency, arising out of or incident to any acts, omissions, negligence, or willful
misconduct of Developer,its employees,contractors, or agents in connection with the performance
of this Agreement,or arising out of or in any way related to or caused by the TUMF Improvements
or their condition prior to AGENCY's approval and acceptance of the TUMF Improvements
("Claims"). This indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement
of AGENCY, its elected officials, employees, and/or agents for all legal expenses and costs
incurred by each of them. This indemnification excludes only such portion of any Claim which is
caused solely and exclusively by the negligence or willful misconduct of AGENCY as determined
by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify
shall survive the expiration or termination of this Agreement; and shall not be restricted to
insurance proceeds, if any, received by AGENCY, its elected officials, employees, or agents.
13.0 Insurance.
13.1 Types; Amounts. Developer shall procure and maintain, and shall require
its contractors to procure and maintain, during performance of this Agreement, insurance of the
types and in the amounts described below ("Required Insurance"). If any of the Required
Insurance contains a general aggregate limit, such insurance shall apply separately to this
Agreement or be no less than two times the specified occurrence limit.
13.1.1 General Liability. Occurrence version general liability insurance,or
equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000)
per occurrence for bodily injury,personal injury, and properly damage.
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Heritage Lake Phase IV—TUMF Credit Agreement
13.1.2 Business Automobile Liability. Business automobile liability
insurance, or equivalent form, with a combined single limit of not less than One Million Dollars
($1,000,000)per occurrence. Such insurance shall include coverage for the ownership, operation,
maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the
insured or for which the insured is responsible.
13.1.3 Workers' Compensation. Workers' compensation insurance with
limits as required by the Labor Code of the State of California and employers' liability insurance
with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during
which insured retains employees.
13.1.4 Professional Liability. For any consultant or other professional who
will engineer or design the TUMF Improvements, liability insurance for errors and omissions with
limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and
maintained for a period of five(5)years following completion of the TUMF Improvements. Such
insurance shall be endorsed to include contractual liability.
13.2 Deductibles. Any deductibles or self-insured retentions must be declared to
and approved by AGENCY. At the option of AGENCY, either: (a) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects AGENCY, its elected officials,
officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a
financial guarantee satisfactory to AGENCY guaranteeing payment of losses and related
investigation costs, claims, and administrative and defense expenses.
13.3 Additional Insured: Separation of Insureds. The Required Insurance,except
for the professional liability and workers' compensation insurance, shall name AGENCY, its
elected officials, officers, employees, and agents as additional insureds with respect to work
performed by or on behalf of Developer or its contractors, including any materials, parts, or
equipment furnished in connection therewith. The Required Insurance shall contain standard
separation of insureds provisions, and shall contain no special limitations on the scope of its
protection to AGENCY, its elected officials, officers, employees, or agents.
13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall
be primary with respect to any insurance or self-insurance programs covering AGENCY, its
elected
officials officers employees, or agents.
. The policy required
ed for workers' compensation
insurance shall provide that the insurance company waives all right of recovery by way of
subrogation against AGENCY in connection with any damage or harm covered by such policy.
13.5 Certificates; Verification. Developer and its contractors shall furnish
AGENCY with original certificates of insurance and endorsements effecting coverage for the
Required Insurance. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf. All certificates and
endorsements must be received and approved by AGENCY before work pursuant to this
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Heritage Lake Phase IV—TUMF Credit Agreement
Agreement can begin. AGENCY reserves the right to require complete, certified copies of all
required insurance policies, at any time.
13.6 Tenn;Cancellation Notice. Developer and its contractors shall maintain the
Required Insurance for the term of this Agreement and shall replace any certificate, policy, or
endorsement which will expire prior to that date. All policies shall be endorsed to provide that the
Required Insurance shall not be suspended,voided,reduced,canceled,or allowed to expire except
on thirty (30) days' prior written notice to AGENCY.
13.7 Insurer Rating. Unless approved in writing by AGENCY, all Required
Insurance shall be placed with insurers licensed to do business in the State of California and with
a current A.M. Best rating of at least"A" and FSC-VIII.
14.0 TUMF Credit.
14.1 Developer's TUMF Obligation. Developer hereby agrees and accepts that
as of the date of this Agreement,the amount Developer is obligated to pay to AGENCY-pursuant
to Ordinance 2009-62 as part of the TUMF Program is Seven Million Two Hundred Forty-Nine
Thousand Two Hundred Forty-One Dollars ($7,249,241) ("TUMF Obligation"). This TUMF
Obligation shall be initially determined under the nexus study and fee schedule in effect for the
AGENCY at the time the Developer submits a building permit application for the TUMF
Improvement. Notwithstanding, this TUMF Obligation does not have to be paid until the
Certificate of Occupancy is obtained.
14.2 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that
this Agreement shall not estop AGENCY from adjusting the TUMF in accordance with the
provisions of Ordinance 2009-62.
14.3 Credit Offset Against TUMF Obligation. Pursuant to Ordinance 2009-62
and in consideration for Developer's obligation under this Agreement for the delivery of TUMF
Improvements, credit shall be applied by AGENCY to offset the TUMF Obligation ("Credit")
subject to adjustment and reconciliation under Section 14.5 of this agreement. Developer hereby
agrees that the amount of the Credit shall be applied after Developer has initiated the process of
project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this
Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the
lesser of: (A) the bid amount set forth in the contract awarded to the lowest responsible bidder,
or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract
award, as such assumptions are identified and determined in the 2009 Nexus Study and the TUMF
Administrative Plan adopted by WRCOG ("Unit Cost Assumptions"). Exhibit G is an estimate of
anticipated fee credit totaling $2,127,462 as of the date of this agreement.
The bid amount and the Unit Cost Assumptions shall hereafter be collectively
referred to as "Estimated Credit". At no time will the Credit exceed the Developer's TUMF
Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TUMF
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Heritage Lake Phase IV—TUMF Credit Agreement
Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the
Project and may apply for a reimbursement agreement, to the extent applicable, as provided in
Section 14.6 of this Agreement. If the dollar amount of the Estimated Credit is less than the dollar
amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the
TUMF Obligation as follows:
(1) For residential units in the Project, the Credit shall be applied to all
residential units within the Project to offset and/or satisfy the TUMF Obligation. The residential
units for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the
amount of offset applicable to each unit, shall be identified in the notice provided to the Developer
by AGENCY pursuant to this section.
(2) For commercial and industrial structures in the Project, the Credit shall be
applied to all commercial and industrial development within the Project to offset and/or satisfy the
TUMF Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has
been offset and/or satisfied by use of the Credit, and the amount of offset applicable to such
structure(s), shall be identified in the notice provided to the Developer by AGENCY pursuant to
this section.
AGENCY shall provide Developer written notice of the determinations that AGENCY makes
pursuant to this section, including how the Credit is applied to offset the TUMF Obligation as
described above.
14.4 Verified Cost of the TUMF Improvements. Upon recordation of the Notice
of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by
AGENCY, Developer shall submit to the AGENCY Public Works Director or as assigned the
information set forth in the attached Exhibit"C". The AGENCY Public Works Director, or his or
her designee, shall use the information provided by Developer to calculate the total actual costs
incurred by Developer in delivering the TUMF Improvements covered under this Agreement
("Verified Costs"). The AGENCY Public Works Director will use his or her best efforts to
determine the amount of the Verified Costs and provide Developer written notice thereof within
thirty (30) calendar days of receipt of all the required information from Developer.
14.5 Reconciliation; Final Credit Offset Against TUMF Obligation. The
Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature.
The actual amount of Credit that shall be applied by AGENCY to offset the TUMF Obligation
shall be equal to the lesser of: (A)the Verified Costs or(B)Unit Cost Assumptions for the TUMF
Improvements as determined in accordance with Section 14.3 of this Agreement("Actual Credit").
No Actual Credit will be awarded until the Verified Costs are determined through the
reconciliation process. Please be advised that while a Developer may use an engineer's estimates
in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be
determined by the reconciliation process.
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Heritage Lake Phase IV—TUMF Credit Agreement
(a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar
amount of the TUMF Obligation,the AGENCY Public Works Director shall provide written notice
to Developer of the amount of the difference owed ("TUMF Balance") and Developer shall pay
the TUMF Balance in accordance with Agency determinationand Ordinance 2009-62 to fully
satisfy the TUMF Obligation (see Exhibit"F" -Example "A").
(b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the
TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the
Project and may apply for a reimbursement agreement, to the extent applicable, as provided in
Section 14.6 of this Agreement. AGENCY shall provide Developer written notice of the
determinations that AGENCY makes pursuant to this section(see Exhibit"F" -Example`B").
(c) TUMF Overpay If the dollar amount of the Actual Credit exceeds the
Estimated Credit, but is less than the TUMF Obligation, but the Actual Credit plus additional
monies collected by AGENCY from Developer for the TUMF Obligation exceed the TUMF
Obligation("TUMF Overpayment"), Developer will be deemed to have fully satisfied the TUMF
Obligation for the Project and maybe entitled to a refund.The AGENCY's Public Works Director
shall provide written notice to WRCOG and the Developer of the amount of the TUMF
Overpayment and AGENCY shall direct WRCOG to refund the Developer in accordance with
WRCOG policy and Agency determination(see Exhibit"F" - Example C).
14.6 Reimbursement Agreement. If authorized under either Section 14.3 or
Section 14.5 Developer may apply to AGENCY and WRCOG for a reimbursement agreement for
the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to
Section 14.3 of this Agreement, Ordinance 2009-62, and the TUMF Administrative Plan adopted
by WRCOG ("Reimbursement Agreement"). If AGENCY and WRCOG agree to a
Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on
the form set forth in Exhibit"D,"and shall contain the terms and conditions set forth therein. The
Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of
this Agreement,and that upon execution, an executed copy of the Reimbursement Agreement shall
be attached hereto and shall be incorporated herein as a material part of this Agreement as though
fully set forth herein.
15.0 Miscellaneous.
15.1 Assigmment. Developer may assign all or a portion of its rights pursuant to
this Agreement to a purchaser of a portion or portions of the Property("Assignment"). Developer
and such purchaser and assignee ("Assignee") shall provide to AGENCY such reasonable proof
! as it may require that Assignee is the purchaser of such portions of the Property. Any assignment
pursuant to this section shall not be effective unless and until Developer and Assignee have
executed an assignment agreement with AGENCY in a form reasonably acceptable to AGENCY,
whereby Developer and Assignee agree, except as may be otherwise specifically provided therein,
to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to
this Agreement, including such credit as is determined to be applicable to the portion of the
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Heritage Lake Phase IV—TUMF Credit Agreement
Property purchased by Assignee pursuant to Section 14.0 et seq, of this Agreement, and (2) that
Assignee shall be bound by all applicable provisions of this Agreement.
15.2 Relationship Between the Parties. The Parties hereby mutually agree that
this Agreement shall not operate to create the relationship of partnership,joint venture, or agency
between AGENCY and Developer. Developer's contractors are exclusively and solely under the
control and dominion of Developer. Nothing herein shall be deemed to make Developer or its
contractors an agent or contractor of AGENCY.
15.3 Warranty as to Property Ownership; Authority to Enter Agreement.
Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to
enter into this Agreement. Each Party warrants that the individuals who have signed this
Agreement have the legal power, right, and authority make this Agreement and bind each
respective Party..
15.4 Prohibited Interests. Developer warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for Developer,
to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for Developer, any fee,
commission,percentage,brokerage fee, gift, or other consideration contingent upon the making of
this Agreement. For breach of this warranty, AGENCY shall have the right to rescind this
Agreement without liability.
15.5 Notices. All notices, demands, invoices, and written communications shall
be in writing and delivered to the following addresses or such other addresses as the Parties may
designate by written notice:
To AGENCY: City of Menifee
Attn: Jonathan Smith, Director of Public Works
29714 Haun Road
Menifee, CA 92586
Phone: (951) 672-6777
Fax No. (951) 679-3843
To Developer: Menifee Development, LLC
Standard Pacific Corporation
Attn: Brian Jacobson/Marty Langpap
255 E. Rincon Street, Suite 200
Corona, CA 92879
Phone: (951-898-5500
Fax No. (951) 898-5580
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Heritage Lake Phase IV—TUMF Credit Agreement
Depending upon the method of transmittal, notice shall be deemed received as follows: by
facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail
first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
15.6 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
15.7 Construction; References; Captions. It being agreed the Parties or their
agents have participated in the preparation of this Agreement,the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time,days,or period for performance shall be deemed calendar days and not work
days. All references to Developer include all personnel, employees, agents, and contractors of
Developer, except as otherwise specified in this Agreement. All references to AGENCY include
its elected officials, officers, employees, agents, and volunteers except as otherwise specified in
this Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
15.8 Amendment: Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
15.9 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual right by custom, estoppel, or otherwise.
15.10 Binding Effect. Each and all of the covenants and conditions shall be
binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal
representatives, or assigns. This section shall not be construed as an authorization for any Party
to assign any right or obligation.
15.11 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
15.12 Invalidity; Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
15.13 Consent to Jurisdiction and Venue. This Agreement shall be construed in
accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State Court in the County of Riverside, California. Each Party waives the
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Heritage Lake Phase IV—TUMF Credit Agreement
benefit of any provision of state or federal law providing for a change of venue to any other court
or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to
California Code of Civil Procedure Section 394.
15.14 Time is of the Essence. Time is of the essence in this Agreement, and the
Parties agree to execute all documents and proceed with due diligence to complete all covenants
and conditions.
15.15 Counteroarts. This Agreement may be signed in counterparts, each of
which shall constitute an original and which collectively shall constitute one instrument.
15.16 Entire Agreement. This Agreement contains the entire agreement between
AGENCY and Developer and supersedes any prior oral or written statements or agreements
between AGENCY and Developer.
[SIGNATURES OF PARTIES ON NEXT PAGE]
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Heritage Lake Phase IV—TUMF Credit Agreement
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
as of the day and year first above written.
DEVELOPER:
Menifee Development, LLC
By:
in P.Langpap
Its: p
ATTEST:
By: Wow
Its:
City of M*on, City
if
By:
By:
ATTEST:
By:
Kathy Bennett, City Clerk
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Heritage Lake Phase IV—TUMF Credit Agreement
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
[ATTACH BEHIND THIS PAGE]
EXHIBIT A-1
i
Title No, 07-259901972-G•RH
Locate No, CAFNT0925-0925-0199-0259901972
LEGAL DESCRIPTION
EXHIBIT"A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE,COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
PROPOSED TRACT MAP 34406, BEING A SUBDIVISION OF THE FOLLOWING:
PARCEL 1: (APN 333-170-010)
LOT 1074 AND THAT PORTION OF THE EAST 112 OF LOT"So(MATEROS ROAD)AS VACATED BY RESOLUTION
RECORDED FEBRUARY 6, 1962, AS INSTRUMENT NO, 11656, OFFICIAL RECORDS, WHICH LIES NORTH OF
THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 1C74,ANDTHAT PORTION OF LOT
11" (RUSSELL ROAD) AS VACATED 1962 AS INSTRUMENT N .
656,OFFICIAL RECORDS,WHICH 8 ES BBSeTWEEIN AY ROLUTN LINEO ERPRECRDEDENDICULA TFEBRUARY OTHE SOUTHWESTERLY LINOE
OF SAID LOT"A"AT THE EASTERLY CORNER OF LOT 1074 AND THE CENTER LINE OF MATEROS ROAD,AS
SAID CENTER LINE AND SAID LOTS ARE SHOWN ON ROMOLA FARMS NO. 10,AS PER PLAT RECORDED IN
BOOK 15, PAGES 29,30 AND 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY.
PARCEL 2: (APN 333-170-050)
THAT PORTION OF LOTS 1055, 1056, 1057, 1058, 1063, 1064,AND 1065 OF ROMOLA FARMS NO, 10,AS PER
PLAT RECORDED IN BOOK 15, PAGES 29, 30, AND 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1055, WHICH CORNER IS ALSO A POINT ON THE
EASTERLY LINE OF MALAGA ROAD,AS SHOWN ON THE ABOVE DESCRIBED MAP;THENCE FROM SAID POINT
OF BEGINNING ALONG THE NORTHERLY LINE OF SAID LOT 1055,SOUTH 89°27 49"EAST, 178.96 FEETTO
ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF RUSSELL ROAD,AS SHOWN ON SAID MAP;
THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 53° 35' 14" EAST, 1,361.94 FEET TO ITS
INTERSECTION WITH THE WESTERLY LINE OF MATEROS ROAD,AS SHOWN ON SAID MAP;THENCE ALONG
SAID WESTERLY LINE, SOUTH GO- 27 45"WEST, 402.41 FEET TO A POINT ON THE NORTHERLY LINE OF
THAT CERTAIN PARCEL OF LAND CONVEYED TO F 0 M INVESTMENT CORP., BY DEED RECORDED
SEPTEMBER 27, 1965 AS INSTRUMENT NO, 110440,OFFICIAL RECORDS;THENCE LEAVING SAID WESTERLY
LINE, NORTH 890 27'49"WEST, 1,281.34 FEETTO SAID EASTERLY LINE OF MALAGA ROAD;THENCE ALONG
SAID EASTERLY LINE, NORTH 00° 27' 19" EAST, 1,200.56 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF LOT A(RUSSELL ROAD)AS SHOWN ON SAID MAP AND AS VACATED BY
RESOLUTION RECORDED FEBRUARY 6, 1962 AS INSTRUMENT NO, 11656, OFFICIAL RECORDS, WHICH
ADJOINS SAID LOTS 1055, 1.055, 1064,AND 1065.
ALSO TOGETHER WITH THAT PORTION OFTHE WEST 20 FEET OF LOTS S(MATEROS ROAD)AS SHOWN ON
SAID MAP AND AS VACATED BY RESOLUTION RECORDED FEBRUARY 6, 1962 AS INSTRUMENT NO. 11656,
OFFICIAL RECORDS, WHICH ADJOINS SAID PORTIONS OF LOTS 1063 AND 1064.
ALSO TOGETHER WITH THE EAST HALF OF LOT 110"(MALAGA ROAD)ADJOINING LOTS 1055 THROUGH 1058,
INCLUSIVE, WHICH WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID LOTS.
EXCEPT THEREFROM ANY PORTION LYING WITHIN TRACT NO. 31795-1,AS PER MAP FILED IN BOOK 395,
PAGES 43 THROUGH 44, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 3: (APN 33-170-009)
THAT PORTION OF LOT 1075 OF ROMOLA FARMS NO. 10,AS PER PLAT RECORDED IN BOOK 15,PAGES 29,
30,AND 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1075, WHICH CORNER IS ALSO A POINT ON THE
EASTERLY LINE OF MATEROS ROAD, AS SHOWN ON THE ABOVE DESCRIBED MAP; THENCE FROM SAID
POINT OF BEGINNING ALONG THE NORTHERLY LINE OF SAID LOT 1075, SOUTH 89e 27, 49"EAST, 225.79
2 I
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i
EXHIBIT"A"(continued) Title No. 07-259901972-G-RH `
Locate No,CAFNT0925-0925-0199.0259901972
FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF RUSSELL ROAD, AS SHOWN ON SAID
MAP;
THENCE ALONG SAID SOUTHWESTERLY LINE,SOUTH 53° 35' 14" EAST,358.32 FEET TO A POINT ON THE
NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO F 0 M INVESTMENT CORP.,BY DEED
RECORDED SEPTEMBER 27, 1965 AS INSTRUMENT NO, 110440,OFFICIAL RECORDS;
THENCE LEAVING RUSSELL ROAD, NORTH 89° 27' 49" WEST, 515.87 FEET TO SAID EASTERLY LINE OF
MATEROS ROAD; THENCE ALONG SAID EASTERLY LINE, NORTH 000 27' 45" EAST, 209.99 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF THE EAST 20 FEET OF LOT"S"(MATEROS ROAD)AS SHOWN ON SAID
MAP AND AS VACATED BY RESOLUTION RECORDED FEBRUARY 6, 1962 AS INSTRUMENT NO, 11656,
OFFICIAL RECORDS,WHICH ADJOINS SAID PORTION OF LOT 1075.
ALSO TOGETHER WITH THAT PORTION OF LOT A (RUSSELL ROAD) AS SHOWN ON SAID MAP AND AS
VACATED BY RESOLUTION RECORDED FEBRUARY 6, 1962 AS INSTRUMENT NO, 11656,OFFICIAL RECORDS,
WHICH ADJOINS SAID PORTION OF LOT 1075.
PARCEL 40 (APN 333-180-011; 333-180-013 AND 333.180.015)
PARCELS 1, 2 AND 3 AND LETTERED LOT A THROUGH H, INCLUSIVE, OF PARCEL MAP 12013, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 59, PAGE 41 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT 30705-4,AS PER MAP FILED IN
BOOK 377, PAGES 73 TO 82, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY,CALIFORNIA,
PARCELS: (APN 333-170.031)
LOT 1034 AS SHOWN ON THAT CERTAIN MAP OF ROMOLA FARMS NO, 10,AS SHOWN BY MAP ON FILE IN
BOOK 15, PAGES 29 AND 30 OF MAPS, RECORDS OF RIVERSIDE COUNTY,CALIFORNIA.
TOGETHER WITH THE EAST HALF OF LOT "N" (MCKINLEY ROAD) ADJOINING LOT 1034, VACATED BY
RESOLUTION RECORDED FEBRUARY 6, 1962 AS INSTRUMENT NO. 11656, OFFICIAL RECORDS,
ALSO TOGETHER WITH THE NORTH HALF OF LOT "E" (MCCALL BLVD. FORMERLY CHAMBERS AVENUE)
ADJOINING LOT 1034,WHICH WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID LOT,
EXCEPT THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT 30705-1,AS PER MAP FILED IN
BOOK 377, PAGES 44 TO 53, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, CALIFORNIA. SAID TRACT BEING SUBJECT TO CERTIFICATE OF CORRECTION
RECORDED NOVEMBER 2, 2009 AS INSTRUMENT NO, 2009-0564662, OF OFFICIAL RECORDS OF SAID
COUNTY.
PARCEL 60 (APN 333-170-027)
LOT 1035 OF ROMOLA FARMS NO. 10,IN THE COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,AS PER MAP
RECORDED IN BOOK 15, PAGES 29 AND 30,OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
TOGETHER WITH THE NORTH HALF OF LOT E,(MCCALL BLVD. FORMERLY CHAMBERS AVENUE)ADJOINING
LOT 1035, WHICH WOULD PASS BY OPERATION OF'LAW;WITH.'THEJ DNVEYANCE OF SAID LOT'
ALSO TOGETHER WITH THE WEST HALF OF LOT"0"(MALAGA ROAD)ADJOINING LOT 1035 WHICH WOULD
PASS BY OPERATION OF LAW WITH'THE CONVEYANCE OF SAID LOT.
EXCEPT THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT 30705-1, AS PER MAP FILED IN
BOOK 377, PAGES 44 TO 53, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, CALIFORNIA, SAID TRACT BEING SUBJECT TO CERTIFICATE OF CORRECTION
RECORDED NOVEMBER 2, 2009 AS INSTRUMENT NO. 2009-0564662, OF OFFICIAL RECORDS OF SAID
COUNTY.
3
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i
i
EXHIBIT"A"(continued) Title No. 07-259901972-G-RH
Locate No. CAFNT0925-0925-0199,0259901972
PARCEL 7: (APN 333-170.032)
LOT 1036 AND THAT PORTION OF LOT'1037 LYING SOUTHERLY OF A LINE PARALLEL WITH AND 760.47 FEEL'
NORTH OF THE NORTH LINE OF CHAMBERS AVENUE,AS SHOWN ON THAT CERTAIN MAP OF ROMOLA FARMS
NO. 10,AS SHOWN ON BY MAP ON FILE IN BOOK 15, PAGE(S)29 AND 30 OF MAPS,RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
TOGETHER WITH THE WEST HALF OF LOT"0" (MALAGA ROAD) ADJOINING LOT 1036 AND 1037 WHICH
WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID LOTS.
EXCEPT THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT 30705-1,AS PER MAP FILED IN
BOOK 377, PAGES 44 TO 53, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, CALIFORNIA. SAID TRACT BEING SUBJECT TO CERTIFICATE OF CORRECTION
RECORDED NOVEMBER 2, 2009 AS INSTRUMENT NO. 2009-0564662, OF OFFICIAL RECORDS OF SAID
COUNTY:
PARCELS; (APN 333.170-008)
LOTS 1059 THROUGH 1062, INCLUSIVE, AND THAT PORTION OF LOTS NO'S. 1058 AND 1063, LYING
SOUTHERLY OF A LINE PARALLEL WITH AND 760.47 FEET NORTH FROM THE NORTH LINE OF CHAMBERS
AVENUE,LOT NOS. 1076TO 1079,INCLUSIVE,ANDTHAT PORTION OF LOT NOS. 1075"S"(MATEROS ROAD)
AND "A" (RUSSELL ROAD), LYING SOUTHERLY OF A LINE PARALLEL WITH AND 760,47 FEET NORTH FROM
THE NORTH LINE OF CHAMBERS AVENUE,AS SHOWN ON THAT CERTAIN MAP OF ROMOLA FARMS NO. 10,
AS SHOWN BY MAP ON FILE IN BOOK 15, PAGES 29 AND 30 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA,
TOGETHER WITH THE EAST HALF OF LOT"0" (MALAGA ROAD) ADJOINING LOTS 1059; 1060,AND THAT
PORTION OF LOT 1058 DESCRIBED ABOVE, WHICH WOULD PASS BY OPERATION OF LAW WITH THE
CONVEYANCE OF SAID LOTS.
TOGETHER WITH THE NORTH HALF OF MCCALL BOULEVARD(FORMERLY CHAMBERS AVENUE)ADJOINING
LOT 1060, 1061, 1077 AND 1078,WHICH COULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF
SAID LOTS.
EXCEPTING THEREFROM ANY PORTION INCLUDED IN BRIGGS ROAD,
EXCEPT THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT 30705-1,AS PER MAP FILED IN
BOOK 377, PAGES 44 TO 53, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, CALIFORNIA. SAID TRACT BEING SUBJECT TO CERTIFICATE OF CORRECTION
RECORDED NOVEMBER 2, 2009 AS INSTRUMENT NO. 2009-0564662, OF OFFICIAL RECORDS OF SAID
COUNTY.
ALSO EXCEPTING THEREFROM ONE HALF OF ALL OIL, GAS AND OTHER MINERAL RIGHTS OF WHATEVER
NATURE OR DESCRIPTION AS RESERVED IN DEED FROM NATHAN T, KING AND FLORENCE F. KING, HIS
WIFE,TO MAURICE Y. KAPETANSKY, ET AL.,RECORDED AUGUST 14, 1951;
ALSO EXCEPTING THEREFROM ONE HALF INTEREST IN AND TO ALL OIL, GAS, MINERALS AND
HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 VERTICAL FEET FROM THE SURFACE OF SAID
LAND,BUT WITHOUTTHE RIGHT OF SURFACE ENTRY FOR THE PURPOSE OF EXPLORING FOR,DEVELOPING,
MINING, BORING, FOR DRILLING, PROSPECTING FOR, REMOVING, PRODUCING, OR MARKETING SAID
SUBSTANCES AS CONVEYED TO FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA
CORPORATION, BY DEED RECORDED SEPTEMBER 27, 1965 AS INSTRUMENT NO. 110439 OF OFFICIAL
'"'"RECORDS OP RIVERSIDE COUNTY,CALIFORNIA
PARCEL 9; (APN 333-180-023)
THAT PORTION OF THE SOUTH HALF OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO AN OFFICIAL PLAT OF SAID LAND ON FILE IN THE
DISTRICT LAND OFFICE APRIL 27, 1895, LYING SOUTHERLY OF THE SOUTHERLY LINE OF CHAMBERS
AVENUE,AND EASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF, 1313.45 FEET SOUTH 89°27 49"EAST,
OF THE WEST QUARTER CORNER OF SAID SECTION;THENCE SOUTH 000 21'01"WEST,2642.41 FEET MORE
4
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EXHIBIT"A"(continued) Title No, 07-259901972-G-RH
Locate No. CAFNT0925-0925.0199-0259901972
I
OR LESS TO A POINT ON THE SOUTH LINE OF SAID SECTION.
EXCEPT THEREFROM THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 24,
TOWNSHIP 5 SOUTH, RANGE 3 WEST,SAN BERNARDINO BASE AND MERIDIAN, LYING EASTERLY OF THE
WESTERLY 1313.45 FEET OF SECTION 24.
EXCEPT THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT 30705-1,AS PER MAP FILED IN
BOOK 377, PAGES 44 TO 53, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, CAI IFORNIA. SAID TRACT BEING SUBJECT TO CERTIFICATE OF CORRECTION
RECORDED NOVEMBER 2, 2009 AS INSTRUMENT NO, 2009-0564662, OF OFFICIAL RECORDS OF SAID
COUNTY,
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN TRACT NO, 34180.1, AS PER MAP FILED IN
BOOK 429, PAGES 43 THROUGH 45, INCLUSIVE, OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN TRACT NO. 34180-2, AS PER MAP FILED IN
BOOK 429, PAGES 46 THROUGH 52, INCLUSIVE, OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPT ONE HALF OF ALL OIL,GAS AND OTHER MINERALS AND MINERAL RIGHTS OF WHATEVER NATURE
OR DESCRIPTION AS RESERVED IN THE DEED FROM NATHAN T.KING AND FLORENCE F.KING,HIS WIFE,TO
MAURICE Y. KAPETANSKY, ET AL, RECORDED AUGUST 14, 1951,
ALSO EXCEPTING THEREFROM ONE HALF INTEREST IN AND TO ALL OIL, GAS, MINERALS AND
HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 VERTICAL FEET FROM THE SURFACE OF SAID
LAND, BUT WITHOUTTHE RIGHTOF SURFACE ENTRY FORTHE PURPOSE OF EXPLORING FOR,DEVELOPING,
MINING, BORING, FOR DRILLING, PROSPECTING FOR, REMOVING, PRODUCING, OR MARKETING SAID
SUBSTANCES AS CONVEYED TO FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA
CORPORATION, BY DEED RECORDED SEPTEMBER 27, 1965, AS INSTRUMENT NO, 110439 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY,CALIFORNIA.
THIS REPORT IS PREPARATORY TO THE ISSUANCE OF A SUBDIVISION GUARANTEE AND IT IS INTENDED
SOLELY FOR THE USE OF THOSE PARTIES DIRECTLY INVOLVED IN THE PREPARATION AND CHECKING OF
SAID MAP,AND IS SUBJECT TO CHANGE AT ANY TIME,
PARCEL 10: (APN 333-170-048)
THAT PORTION OF LOTS 1037 AND 1038 OF ROMOLA FARMS NO..10,AS PER PLAT RECORDED IN BOOK 15,
PAGES 29, 30 AND 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY, LYING WITHIN THE FOLLOWING
DESCRIBED LAND:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1027, WHICH CORNER IS ALSO THE POINT OF
INTERSECTION OF THE EASTERLY LINE OF MCKINLEY ROAD WITH THE SOUTHERLY LINE OF ROUSE ROAD,
ALL AS SHOWN ON THE ABOVE DESCRIBED MAP;
THENCE FROM SAID POINT BEGINNING ALONG SAID SOUTHERLY LINE OF ROUSE ROAD,SOUTH 89°31'03"
EAST,653.24 FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF RUSSELL ROAD,AS SHOWN
ON SAID MAP;
THENCE ALONG SAID SOUTHWESTERLY LINE,SOUTH 53°35 14"EAST,808.97 FEETTO ITS INTERSECTION
WITH THE WESTERLY LINE OF MALAGA ROAD,AS SHOWN ON SAID MAP;THENCE ALONG SAID WESTERLY
LINE, SOUTH 000 27' 19"WEST, 1,359.08 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN
` `PARCEL OP LAND CONVEYED TO F O M"INVESTMENT CO.RP jiBY DEED RECORDED SEPTEMBER,27, 19651AS "
INSTRUMENT NO. 110440,OFFICIAL RECORDS;THENCE LEAVING SAID WESTERLY LINE,NORTH 890 27 49"
WEST, 1,305.32 FEET TO SAID EASTERLY LINE OF MCKIN LEY ROAD;THENCE ALONG SAID EASTERLY LINE,
NORTH 000 22' 11" EAST, 1,832,56 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ANY PORTION LYING WITHIN LOT i OF TRACT 30705.1 AS PER MAP FILED IN BOOK
377,PAGES 44 TO 53 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID TRACT"
BEING SUBJECT TO CERTIFICATE OF CORRECTION RECORDED NOVEMBER 2, 2009 AS INSTRUMENT NO.
2009-D564662, OF OFFICIAL RECORDS OF SAID COUNTY.
5
CLTA PrOIMIi M Repok Farm(11/17/04)
EXHIBIT"A"(continued) Tltle No, 07.259901972-G-RH
Locate No, CAFNT0925-0925-0199-0259901972
ALSO EXCEPT ANY PORTION LYING NORTH OF THE SOUTH LINE OF HERITAGE LAKE DRIVE AS SHOWN ON
THE MAP OF TRACT 31795-1, IN BOOK 395, PAGE 43 AND 44 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,
TOGETHER WITH THE WEST 112 OF LOT"0",(MALAGA ROAD),ADJOININGTHOSE PORTIONS OF SAID LOTS
1037 AND 1038 DESCRIBED ABOVE,WHICH WOULD PASS BY OPERATION OF LAW WIl-H THE CONVEYANCE
OF SAID LOTS.
6
corn Preliminary aePort Form(iil17l04)
i
EXHIBIT °B"
FORMS FOR SECURITY
[ATTACHED BEHIND THIS PAGE]
EXHIBIT B-1
Sheet 1 of 9
ENIR -
CITY OF MENIFEE ENGINEERING DEPARTMENT
CONSTRUCTION COST WORKSHEET
AND PLAN CHECK FEE CALCULATION SHEET
PARCEL MAP OR TRACT MAP NO. 34406 Infrastruct. DATE: 4/2 912 0 1 3
SACkSw4l. IF:
FAITHFUL PERFORMANCE MATERIAL& LABOR
SECURITY SECURITY
(100%of Estimated (**50% of Estimated
IMPROVEMENTS Construction Costs) Construction Costs
Street/Drainage $ 9,849,689.60 $ 9,849,500.00 $ 4,924,750.00
*Flood Control $ 0.00 $ 0.00 $ 0.00
Dom Wtr EMWD $ 6 55,012,00 $ 645,000.00 $7322,600.00
Rec Wtr EMWD $ 122,700.00 $ 122,500.00 $ 61,260,00
Sewer EMWD $ 413,252.40 $ 413,500.00 $ 206,750.00
Total 11,030,664.00 $ 11,030,500.00 $ 5,515,260.00
Warranty Retention (10%) $ 1,103,050.00
DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements
required to construct the above project and the mathmatical extensions, using City's unit
costs, are accurate for determining bonding costs
Signature Date
�� I t� I t` pU J Csr
r?
EdLenth (i, vs ipr.
52496
Name Typed or printed RCE# Exp. Date
5I -, i
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of
Flood Control District letter stating cost estmate.
REAp.INB1 RCiCTIONS BEL Q%`
1 Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on
"City of Menifee Improvement Requirement Worksheet."
2. Show Performance Bond Amounts to the nearest$500.00, Material and Labor Bond Amounts are 50%
of Performance Bond Amountss. **100%for Flood Control items.
3. For Construction items not covered by"The City of Menifee Improvement Requirements Worksheet",
Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee
Unit Costs are determined to be too law, in the opinion of the design engineer, the higher costs as
provided by the Design Engineer should be used.
UNIT COSTS 2/15/2012
34406-1 City 8-6-12.x1s FORMAT 2/16/2012
i
Sheet 1 of 9
ENrF CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
-• STREET AND DRAINAGE IMPROVEMENTS
ITEM ,ti QUANTITY UNIT U( IT AMOUNT
ROADWAY SECTION 1 MCCaII Blvd Area= 317,244 S,F.
Excavation - -
1. Projects with Grading Plan
Area x 0.50' hin e oint to hin e oint 5,874 C.Y. $ 25,00 $ 146,850.00
2.-Projects-without a Grading Plan Cut(c)= C.Y.
Road area and side slopes to daylight FIII(f)= C.Y.
a. Excavate and Fill C.Y. $ 0.40 $ 0.00
b. Excavate and Export C.Y. $ 1,10 $ 0,00
(c.) Import and Fill C,Y. $ 2.80 $ 0.00
Asphalt Concrete 044lbs/cu.ft) 12,106 TON $ 90.00 $ 1,0 99,542.79
Thickness in Feet 0.33'min.)= 0,53
Agg Base Class II 20,092 C.Y. $ 60.00 $ 1,004,606.00
Thickness in Feet = 1.71
Asphalt Emulsion(Fog Seal/Paint Binder) 11.7 Ton $ 600.00 $ 7,049.87
(1 ton=240 gals)
aDPIV at 0.05+0.03=0.08 al/SY
ROADWAY SECTION 2 (Briggs Rd Area= 123,643 S.F.
Excavation
1. Projects with Grading Plan
Area x 0.50' hinge point to hingepoint) 2,290 C,Y. $ 25.00 $ 57,250.00
2. Projects without a Grading Plan: out(c)
Road area and side slopes to daylight Fill (f)
a. Excavate and Fill - C.Y. $ 0.40 $ 0.00
(b,) Excavate and Export - C.Y. $ 1.10 $ 0.00
(c.) Im ort and Fill - C,Y. $ 2.80 $ 0.00
Asphalt Concrete(144 Ibs/cu.ft) 3,561 TON $ 90.00 $ 3 00,482,66
Thickness In Feet 0.33'min, = 0.4
Agg Base Class II 6,091 C.Y. $ 50.00 $ 304,528.13
Thickness in Feet = 1.33
Asphalt Emulsion(Fog Seal/Paint Binder 4.6 Ton $ 600.00 $ 2,747.62
ROADWAY SECTION 3 Heritage Lk Dr Area= 207,159 S.F.
Excavation
1.Projects with Grading Plan
Area x 0.50'(hin e oint to hin e point 3,836 C.Y. $ 25.00 $ 95,900.00
2. Projects without a Grading Plan: Cut(c)=- C.Y,
Fill(f)= C.Y.
(a.)Excavate and FIII C.Y. $ 0.40 $ 0.00
_...__ . . _ b: ExaavatenzfE"x o t _ _ _ _.__ .. : _._._._�Y ._ t:1U 06_.
(c.) Import and Fill C.Y. $ 2.80 $ 0.00
Asphalt Concrete(144 Ibs/cu.ft) 4,922 TON $ 90.00 $ 442,988.81
Thickness in Feet 0.33'min, = 0.33
Agg Base Class II 8,670 C.Y. $ 50.00 $ 433,499.39
Thickness in Feet = 1.13
Asphalt Emulsion(Fog Seal/Paint Binder 7.7 Ton $ 600.00 $ 4,603.53
ROADWAY SECTION 4(Tract Entry) Area= 207,159 S.F.
Excavation _
1. Projects with Grading an
Area x 0.50'(hinge point to hinge point) 3,836 C.Y. $ 25.00 $ 95,900.00
2. Projects without a Grading Plan: Cut(c)= C.Y.
Fill(1)= C.Y.
(a,) Excavate and Fill - C.Y. $ 0.40 $ 0,00
(b.) Excavate and Export - C.Y. $ 1.10 $ 0.00
(c.) Import and Fill _ - C.Y. i$ 2.80 $ 0,00
Asphalt Concrete(144 Ibs/cu.ft) �� 4,922 TON $ 90.00 $ 442.988,81
Thickness in Feet 0.33'min. = 0.33
Agg Base Class II 6,368 C.Y. $ 50.00 $ 318,411.06
UNIT COSTS 2/1 512 01 2
34406-1 City B-6-12.xls FORMAT 2/15/2012
i
Sheet 2 of 9
CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
STREET AND DRAINAGE IMPROVEMENTS
ITEM QUkN71TY
UNIT, UNIT AMOUNT
t
+- COST
Thickness In Feet = 0,83
Asphalt Emulsion(Foci Seal/Paint Binder 7.7 Ton $ 600,00 $ 4,603.53
Sawcut Exist,A.C. Pavement L.F. $ 1.00 $ 0.00
Cold Plane A.C. Pavement 256 SY, $ 0.50 $ 128. 00
Grinding A.C. , in place0.60 $ 0.00
Remove A.C. pavement 661 S.Y. $ MO $ 396,60
Remove Curb and Gutter _ L.F. $ 18,00 $ 0.00
Remove Cross Gutter and S andrel 1,420
UNIT COSTS 2/15/2012
34406-1 City 8-6-12,x1s FORMAT 2/15/2012
i
Sheet 3 of 9
ermF CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
STREET AND DRAINAGE IMPROVEMENTS
nr ITEM ) .QUANTITY UNIT UNIT' AMOUNT
COST ori
Remove Chain Link Fence L.F. $ 7.50 $ D,00
Remove Barricade 10,00 $ 0,00
Relocate Mailbox EA. $ 250.00 $ 0.00
AC overlay min.0.10' 0.90 $ 0.00
Curb and Gutter(TEA-6 7,250 L,F. $ 14.00 $ 1 11,500.00
_Curb and Gutter(Type A-8) 8,743 L.F. $ 16,00 $ 139,888.00
Curb L,F, $ 12.00 $ 0.00
Curb L.F. $ 10.00 $ 0,00
"D"Gurb Tye 5,905 L.F. $ 15.00 $ 88,57,5 00
c1, mate
A.G. Dike 6" inrial&labor 121 L.F, $ 8,00 $ 968.00
A:C,Dike 8" j , material& labor L,F• $ 10.00 $ 0,00
P:C,C. Cross Gutter and S andrels 11,322, S.F. $ 10.00 $ 113,220.00
P•C.C. Sidewalk 114,407 S.F. $ 6,00 $ 686,442.00
P.C,C• Driveway Approach 1,120 _ S,F. 8,960.00
P.C.C. Di Section Std.307 S.F. $ 6.00 $ 0.00
ADA Access Ramp(w/new construction) 29 EA. $ 1400.00 $ 43,500.00
ADA Access Ram (in existin Improvements EA, $ 2,500.00 $ 0.00
Barricades 472 L.F. $ 100.00 $ 47,200.00
Metal Beam Guard Raclin L.F• $ 35.00 $ 0.00
Utility Trench,one side(Edison,Telephone, Cable)
total length of Streets) 13,200 L.F. $ 10.00 $ 132,000.00
Chain Link Fence 6' G.F. $ 15.DD $ 0.00
Relocate Fence L.F. $ 12.00 $ 0.00
Pipe Gate EA. $ 1,000.00 $ 0.00
Relocate Power Pole JEA
10,000.00 $ 0,00
Street Lights including conduit) 41 5,000.00 $ 205,000,00
Ad ust Water Valve to Grade(if no water plan 150.00 $ 0.00
Adjust MH to Grade if no sewer plan 400.00 $ 0.00
P.C.C. Bus Sto 3,060 10.00 $ 30,600,00
3"A,C. Sidewalk . 847 3O02,541.00
4"D.G. Path 5.00 $ 146,84000
3"A.C. Drive A proach 113 3.00 $ 339.00
Concrete RR Crossin Clty half 1 22,500.00 $ 12,500.00
$ 0.00
$ 0.00
$ 0,00
$ 0.00 -
$ $ 0.00
$ 0.00
LANDSCAPING $ $ D.00
Maintenance Walk STD 113 S.F. $ 4.00 $ 0.00
Colored Stamped Concrete 4,140 S.F. $ 10.00 $ 41,400.00
Street Trees 15 Gallon 514 EA $ 100.00 $ _ 51,400,00
Landsca e and irri ation __ 247,019 S.F. $ 3.50 $ 8 44,566.50
Landscape Fill Material C.Y. $ 27.00 $ 0.00
Water Meter EA $ 7,000.00$ 0,00
Electric Meter S.F. $ 10,000.00 $ 0.00
- $ 0.00
$ 0.00
$ $ 0.00
$_ $ 0.00
$ $ 0.00
UNIT COSTS 2/15/2012
34406-1 City II-6-12.x1s FORMAT 2/15/2012
Sheet 4 of 9
ENrFQ CITY OF MENIFEE ENGINEERING DEPARTMENT
" IMPROVEMENT REQUIREMENT WORKSHEET
��•- STREET AND DRAINAGE IMPROVEMENTS
ITEM QUANTITY UNIT UNIT AMOUNT
COST
DRAINAGE
Concrete Bulkhead EA. $ 200.00 $ 0.00
Slope Anchors for Pi es EA. $ 300.00 $ 0,00
Cut OH W all Std 2' C,Y, $ 400.00 $ 0.00
A. C. Overside Drain EA. $ 500.00 $ 0.00
Under Sidewalk Drain Std 309 EA $ 2,000.00 $ 0.00
Flat Outlet Drainage Structure Std 303 EA $ 21000.00 $ 0.00
Curb Outlet Drainage Structure Std 308 EA $ 2,000,00 $ 0.00
Terrace Drain&Down Drain S.F. $ 6.50 $ 0.00
Interceptor Drain_ S.F. $ 6.50 $ 0,00
R.C. Box Culvert C.Y. $ 400.00 $ 0.00
Concrete Channel C.Y. $ 200.00 $ 0.00
Rip Rap 1/4 Ton Methob B 1.9 tans/CY C.Y. $ 80,00 $ 0.00
Rip Rap 1/2 Ton)Method B C.Y. $ 90.00 $ 0.00
Rip Rap 1 Ton Method B C.Y. $ 100.00 $ 0.00
Rip Rap(2 Ton Method B C.Y. $ 110.00 $ 0.00
18" R.C.P.round,arch or elliptical _ L.F. $ 113.00 $ 0.00
24"R.C.P.round,arch or elliptical L.F. $ 132.00 $ 0.00
30"R.C.P, round, arch or elll tical -L.F- $ 153,00 $ 0.00
36" R.C.P. round, arch or elli tical [F, $ 178.00 $ 0,00
42" R.C.P.round,arch or elliptical L.F. $ 204.00 $ 0.00
48" R.C.P.round,arch or elliptical L.F. $ 235.00 $ 0.00
18 C.S.P.or HOPE N12 L.F. $ 40.00 $ 0.00
24"C.S.P. or HDPE N12 L.F. $ 50.00 $ 0.00
30"C.S.P.or HDPE N12 L.F. $_ 60.00 $ 0.00
W'C.S.P, or HDPE N12 LF,_ $ _ 00.00 $ 0.00
42"C.S.P.or HDPE N12 L.F. $ 80.00 $ 0.00
48"C.S.P.or HDPE N12 L.F. $ 100.00 $ 0.00
Catch Basin W=4' EA. $ 2,500.00 $ 0.00
Catch Basin W=7' EA. $ 4,000.00 $ 0.00
Catch Basin W=14' EA. $ 7,500.00 $ 0,00
Catch Basin W=21' EA. $ 11,000,00 $ 0.00
Catch Basin W=28' _ EA. $ 14,500,00 $ 0.00
Inlet Type IX or X EA. $ 2,500.00 $ 0.00
Junction Structure No. 1 EA. $ _ 3,500.00 $ 0.00
Junction Structure No.2 EA. $ 4,500.00 $ 0.00
Junction Structure No. 6 EA. $ 5,000.00 $ 0.00
Transition Structure Na 1 EA. $ 12,500.00 $ 0.00
Transition Structure No.2 �_ EA. $ 12,500.00 $ 0.00
Transition Structure No.3 EA. $ 4,500,00 $ 0.00
Manhole No. 1 EA. $ 5,OOO b $ 0.00
Manhole No. 2 EA. $ 6,500.00 $ 0.00
Manhole No. 3 ____ EA. $ 2,70'0 0 $ 0.00
Manhole No. 4 EA, $ 6,500.00 $- 0.00
Structural Reinforcement Concrete C.Y. $ 400.00 $ 0.00
Headwall for 36"or smaller storm drain EA. $ 3,500.00 $ 0.00
4"Concrete Saddle L.F, $ 100.00 $ _ 0.00
Remove Bulkhead E.A. $ 100.00 $ 0.00
$ _ $ 0.00
$ _ $ 0.00
- - -_ � __..._._ $ - 0.00
$ $ 0.00
$ $ 0.00
UNIT COSTS 2/1 5120 1 2
34406-1 City 8-6-12.xis FORMAT 2/15/2012
Sheet 5 of 9
NiF CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
STREET AND DRAINAGE IMPROVEMENTS
r ITEM QUANTITY UNIT UNIT AMOUNT _
COST
r
SIGNING,STRIPING AND SIGNALS
Remove Painted Traffic Stripes and Markin s 200 S.F_ $ 2.50 $ 500.00
4" Painted Solid Stripes L.F $ - Q21
4" Painted Solid Stripes 2 Coats L.F. $ 0.30 $ 0.00
4" Painted Broken Stripes L.F. $ 0.16 $ 0.00
4" Painted Double Solid Std es L.F. $ 0.47 $ 0.00
6" Painted Bike Lane Stripes L.F. $ 0.65 1-0 o o
8"Painted Channelizinq Line L.F. $ 0.82 $ 0.00
12"Painted Crosswalk&Limit Line L.F. $ 1.30 $ 0.00
Painted One-Way, No Passing L.F. $ 0.36 $ 0.00
Painted Two-Way Left Turn Lane L.F. $ 0.82 $ 0.00
Painted Pavement Markings S.F $ 2.70
Remove Thermoplastic Traffic Stri es and Markings S.F $ 2.50 $ 0.00
4"Thermoplastic Solid Stripes L5584 L.F. $ 0.52 $ 18,503.68
4"Thermoplastic Broken Stripes L.F. $ 0.47 $ 0.00
4"Thermoplastic Double Solid Stripes L.F. $ 0,83 $ 0.00
6"Thermoplastic Bike Lane Stripes L.F. $ 0.63 $ 0.00
8"Thermoplastic Channelizin Line L.F. $ 0.78 $ 0.00
12"Thermoplastic Stripe 6,385 L.F. $ 0.97 $ 6,193.45
Thermo la'tic One-Wa ,No Passing L.F. $ 1.13 $ 0.00
Thermoplastic Two-Wa Left Turn Lane L.F. $ 2.83 $ 0.00
Thermoplastic Pavement Markings S.F $ 3,61 $ 0.00
Thermoplastic Channelizing Limit Line and Pavement
Marking 1,190.0 S.F. $ 2.25 $ 2,677.50
Thermoplastic Cross Walk.and Pavement Markin S.F. $-3 6-0 $ 0.00
Remove,Si n, Salvage _ 1 EA. $ 50.00 $ 50.00
Relocate Roadside Sign EA. $ 100.00 $ 0.00
Street Name Sin 14 EA. $ 275.00 $ 3,850.00
Install Sign Strap and Saddle Bracket Method) 69 _ EA. $ 150.00 $ 10,350.01
Install Sign(Mast Arm Nan er Method) EA. % 425.00 $ 0.00
Stop Sign&Post EA. $ 250.00 $ 0.00
Road Si n on One Post 27 EA. $ 250.00 $ 6,750.00
Road Si n on Two Posts - 2 EA. $ 400.00 $ 800.00
Ob'ect Marker-Modified Type"F" Delineator EA. $ 60.00 $ 0.00
Delineator Class 1 7 pe F) 15 EA. $ 40.00 $ 600.00
Blue Dot Reflective Pavement Marker 17 EA. $ 3.75 $ 63.75
Pavement Marker Reflective 1,064 EA. $ 3.75 $ 3,990.00
- Ne�,6TYaffic 5l haT& Llghling jMa""""
_ _. _ - .
' or infersectl'o"h _ 2._...__ LS-.-$ 800',000 04 $ ' i ,o00.t70 �.....�
RR Crossing Bars and Li hung 1 LS $ 150,000.00 $--,50-000 00
Retrofit of Ex,Traffic Signal&Liotin LS $ 100,000.00 $ 0.00
6'Round Signal Loops 12 EA $ 450.00 $ 5,400.00
Install Pull Box #5 25 EA $ 400.00 $ 1g000.00
Install Pull Box #6 EA $ 500.00 $ 0.00
2" PVC Interconnect Conduit&Cable L.F. $ 25.00 $ o.00
3"PVC Interconnect Conduit&Cable 1,320 L.F. $ 30.00 $ 39,600.00
3"PVC Conduit& Fiber Optic Cable L F, $ 35.00 $ 0.00 -
$ $ 0.06
--$ --- $ 0.00
0.00
$ $ 0.00
$ $ 0,00
A. Subtotal $ 8,208,074.67
B. Administrative Contingency 20%x A $ 1,641,614.93
C. I Streets/Drainage Total A+g $ 9,849,689.60
UNIT COSTS 2/15/2012
34406.1 City 8-6-12.xls FORMAT 2/15/2012
Sheet 1 of 9
LNIRI�
r. CITY OF MENIFEE ENGINEERING DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
... DOMESTIC WATER IMPROVEMENTS
ITEM ;QUANTITY UNIT UNIT: AMOUNT a
COST
4"Waterline PVC C-900 DR-18 L.F. $ 25.00 $ 0.00
6"Waterline PVC C-900 DR-18 L.F. $ 30.00 $ 0.00
8"Waterline PVC C-900 DR-18 006 L.F. $ 35,00 $ 11,710.00
12"Waterline PVC C-900 DRA8 6,468 L.F. $ 55.00 $ 355,740.00
16"Waterline PVC C-905 DR-18 L.F. $ 90.00 $ 0.00
18"Waterline PVC C-905 DR-18 L.F. $ 135.00 $_ _ 0.00
20"Waterline PVC C-905 DR-18 L.F. $ 180.00 $ 0.00
4"Gate Valve RS EA. $ 715.00 $ 0.00
6" Gate Valve RS EA. $ 830.00 $ 0,00
8" Gate Valve RS 10 -EA. $ 1,340.00 $ 33.400.00
12"Gate Valve RS 10 EA. $ 2,300.00 $ 23,000.00
16" Gate Valve RS EA. $ 6,270,00 $ 0,00
18" Gate Valve RS EA. $ 14,300.00 $ 0.00
6" Fire Hydrant(Standard) EA. $ 4,000.00 $ 0,00
6" Fire Hydrant(Super) 17 EA. $ 4,500.00 $ 76,500.00
4" Blowoff EA. E$ 4,000.00
,500.00 $ 0.00
6" Blowoff 11 EA. $ 44,000.00
1"Air and Vacuum Valve. 3 EA, ,A00.00 $ 7,200.00
2"Air and Vacuum Valve, EA. ,000.00 $ 0,00
1"Service Connection (No Meter) EA. 800.00 $ 0.00
1-1/2"Service Connection ( No Meter) EA. $ 2,480.00 $ 0.00
2"Service Connection ( No Meter) EA. $ 2,780.00 $ 0.00
4"Service Connection (No Meter) EA. $ 4,500.00 $ 0.00
Adjust Water Valve to Grade EA. $ 200.00 $ 0.00
Removal of Blowoff EA. $ 500.00 $_ 0.00
Join at existing end of 8" pipe 3 EA. $ 2,000.00 $ 6,000.00
1"Hot-Tap . .-_.. __. __ _. __..._ _-.._ EA._...-...$__.._..---1,000A0 $ _........._ _ 0 a 0 0
4"Hot Tap EA. $ 1,430.00 $ 0.00
6"Not Tap EA. $ 1.750.00 $ 0.00
8"Hot Tap EA. $ 2,200.00 $ 0.00
12"Hot Tap 3 EA. $ 3,150.00 $ 9,450.00
Pressure Regulator EA. $--3 0 0 0-0 $ o.00
Ciorrosivity Test Station EA. $ 30 0.00 $ 0.00
Remove 12"Waterline 448 L.F. $ 15.00 $ 2,220.00
$ $ 0.00
$ �... $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. Subtotal $ 537,510.00
B. lAdministrative Contingency(20%x A) $ 107,502.00
C. Water Total A+ B) $ 645,012.00
UNIT COSTS 2/16/2012
34406-1 City 8-6-12.xls FORMAT 2/15/2012
i
i
Sheet 1 of 9
CITY OF MENIFEE ENGINEERING,DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
RECYCLED WATER IMPROVEMENTS
ITEM' , 'QUANTITY UNIT UNIT ' AMOUNT
COST
4"Waterline PVC C-900 DR-18 Purple L.F. $ 25.00 $ 0.00
6"Waterline PVC C-900 DR-18 Purple L.F. $ 30.00 $ 0.00
8"Waterline PVC C-900 DR-18 Purple 4,781 L.F. $ 35.00 $ 167,335.00
12"Waterline PVC C-900 DR-18 Purple 962 L.F. $ 55.00 $ 52,910.00
16"Waterline PVC C-905 DR-18 Purple L.F. $ 90,00 $ 0.00
18" Waterline PVC C-905 DR-18 Purple L.F. $ 135.00 $ 0,00
20"Waterline PVC C-905 DR-18 Purple L.F. $ 180,00 $ 0.00
4"Gate Valve RS EA. $ 715.00 $ 0.00
6"Gate Valve RS EA. $ 830.00 $ 0.00
8"Gate Valve RS 1 EA, $ 1,340.00 $ 1,340.00
12"Gate Valve RS 1 EA. $ 2,300.00 $ 2,300.00
16" Gate Valve RS EA. $ 6,270.00 $ 0.00
18" Gate Valve RS EA. $ 14,300.00 $ 0.00
4" Blowoff EA. $ 3,500.00 $ 0.00
6" Blowoff 3 EA. $ 4,000,00 $ 12,000.00
1"Air and Vacuum Valve. 2 EA. $ 2,400.00 $ �4,800.00
2"Air and Vacuum Valve. EA. $ 4,000.00 $ 0.00
1"Service Connection ( No Meter _ EA. $ 800,00 $ 0.00
1-1/2"Service Connection ( No Meter) EA. $ 2,480.00 $ 0.00
2"Service Connection ( No Meter) 5 EA. $ 2,780.00 $ 13,900.00
4"Service Connection ( No Meter) 1 EA. $ 4,500.00 $ 4,500.00
Adjust Water Valve to Grade EA. $ 200.00 $ 0.00
Removal of Blowoff EA. $ 500.00 $ 0.00
Join at existing end of 8" pie 3 EA. $ 2,000.00 $ 6,000.00
1" Hot Tap EA. $ 1,000.00 $ 000
4" Hot Tap EA. $ 1,430.00 $ 0.00
6" Hot Tap EA. _ $ _1,750.00 3 0 00 ,_
8" Hot Tap EA. $ 2,200.00 $ 0.00
12" Hot Tap EA. $ 3,150.00 $ 0.00
2" Meter 5 EA. $ 700.00 $ 3,500.00
4" Meter 1 EA. $ 1,000.00 $ 1,000.00
$ $ 0.00
$ $ _ 0.00
$ _ $ 0.00
$ $ 0.00
-- $ $ 0.00
_ $ $ 0.00
$ $ 0.00
$ $ 0.00
A. Subtotal $ 102,250.00
B. Administrative Contin ency(20%x A) $ 20,450.00
C. WaterTotal (A+ B) $ 122,700.00
UNIT COSTS 2/1 512 01 2
34406-1 City 8-6-12.x1s FORMAT 2/15/2012
i
Sheet 1 of 9
NtFIF I
CITY OF MENIFEE ENGINEERING DEPARTMENT
-IMPROVEMENT REQUIREMENT WORKSHEET
.. SANITARY SEWER IMPROVEMENTS
<< '(TEM QUANTITY "rUNIT. �NIT AMOUNT .-
' COST
4" PVC SDR 35 (Use it for Residential Laterals L.F. $ 25.00 $ 0.00
6" PVC SDR 35 Green L.F. $ 30.00 $ _ 0.00
8" PVC SDR 35 Green 2006 LF. $ 35.00 $ 70,210.00
10" PVC SDR 35 Green 939 L,F. $ 46.00 $ 43,194.00
12" PVC SDR 35 Green 279 L.F. $ 54.00 $ 15,066.00
15" PVC SDR 35 Green L.F. $ 90.00 $ 0.00
8"VCP L.F. $ 55.00 $ 0.00
10"VCP L.F. $ 62.00 $ 0.00
12"VCP _ 1241 L.F. $ 72.00 $ 89,352.00
15"VCP 995 -L.F. $ 81.00 $ 80,595.00
18"VCP L.F. $ 162. 00 $ 0.00
21"VCP L.F. $ 183.00 $ 0.00
24"VCP L.F. $ 195.00 $ 0.00
27"VCP L.F. $ 215.00 $ 0,00
30"VCP L.F. $ 236.00 $ 0.00
Standard Manhole 48" 2 EA. $ 3,140.00 $ 6,280.00
Standard Manhole 60" 7 EA. $ 4,500,00 $ 31,500.00
Shallow Manhole (5'or less) _ EA. $ 3,300.00 $ 0.00
Clean out 6 EA. $ 730.00 $ 4,380.00
Clean out Lateral EA. $ 200.00 $ 0.00
Tie to Existing Manhole EA. $ 2,100. 00 $ 0.00
Rechannel Existing Manhole 1 EA. $ 1,500.00 $ 1,500.00
Join Existing 8" Pipe EA. $ 1,500.00 $ 0100
Join Existing 12" Pipe 1 EA. $ 2,000,00 $ 2,000.00
Chimney EA. $ _ 400.00 $ 0.00
Adjust M.H. to grade EA. $ 500.00 $ 0.00
--Concrete Encasement----_-,._ ._ __.... F _ .__...._35�00$ _.._0,00 - .
Backwater Valve EA. $ 300.00 $ 0,00
A.0 Pavement 100 S.F. 3.00 $ 300.00
$ 0.00
$ $ 0.00
$ $ __ 0.00
- ---- $ $ 0.00
-- $ $ 0.00
- $ $ 0.00
0.00
Is $ 0,00
A. Subtotal $ 344,377.00
B. Administrative Contingency(20% x A) $ 88,875.40
C. Sewer Total (A+ 13) 413,252.40
UNIT COSTS 2/15/2012
34406-1 City 8-6-12.xis FORMAT 2/15/2012
Sheet 1 of 9
ENtF
CITY OF MENIFEE ENGINEERING DEPARTMENT
PLANCHECK FEE CALCULATION SHEET
PARCEL MAP OR TRACT NO. 34406 Infrastruct, SCH: DATE: 412 912 01 3
IMPROVEMENT COSTS Including Contingencies)
I, Streets/Drainage (Line C from Street Improvement Calculations) $ 9,849,689,60
11. Domestic Water(Line C from Domestic Water Improvement Calculations) $ 645,012.00
III. Recycled Water Line C from Recycled Water Improvement Calculations) $ 122,700.00
IV. Sewer(Line C from Sewer Improvement Calculations _ ___ $ 413,252.40
PLAN CHECK FEE CALCULATION
A. Street/Drainage %x . -
NOTE: Use 1%for TR and 6%for PM or any other $ 98,496.90
B. Water and Sewer(1%x II, III and IV.) $ 11,809.64
C.Total Plan Check Fee(A+ B) _ _ $ 110,306.54
D. Surcharge Fee (2% x C) $ 2,206.13
E.Total Plan Check Fee and Surcharge Fee A $ 112,512.67
._._
MINIMUM PLAN CHECK FEE REQUIREMENTS
Note: If Plan Check Fee calculated in "Line E"is less than the minimum as _
shown below, then following fee schedule will apply, otherwise pay the full fee.
For TR(Schedule. A, 3, C, D) and PM (Schedule. E, F, G)- minimum $2,000
For PM (Schedule H, 1)-minimum $2,000,00 _
For PP/CU/PU/MS/VL-MINIMUM $2,000,00
COMMENTS
UNIT COSTS 2/16/2012
34406-1 City 8-6-12.x1s FORMAT 2/15/2012
EXHIBIT «C»
DOCUMENTATION TO BE PROVIDED TO AGENCY BY DEVELOPER FOR
DETERMINATION OF CONSTRUCTION COSTS
To assist AGENCY in determining the Construction Costs for a completed TUMF
Improvement, Developer shall provide the following documents to AGENCY:
1. Plans, specifications and Developer's civil engineer's cost estimate;
2. List of bidders from whom bids were requested;
3. Construction schedules and progress reports;
4. Contracts, insurance certificates and change orders with each contractor or
vendor;
5. Invoices received from all vendors;
6. Canceled checks for payments made to contractors and vendors (copy both
front and back of canceled checks);
7. Spreadsheet showing total costs incurred in and related to the construction
of each TUMF Improvement and the check number for each item of cost
and invoice;
8. Final lien releases from each contractor and vendor; and
9. Such further documentation as may be reasonably required by AGENCY to
evidence the completion of construction and the payment of each item of
cost and invoice.
I
EXHIBIT C-1
For Use Between Public; Agency and Developer
"Master Agreement"
EXHIBIT "D"
REIMBURSEMENT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
THIS REIMBURSEMENT AGREEMENT ("Agreement') is entered into this_day
of , 20_, by and between the [INSERT "City" OR "County"] of
[**INSERT "a California municipal corporation" FOR CITY OR "a subdivision
of the State of California" FOR COUNTY**] ("AGENCY"), and
, a California [**INSERT TYPE OF ENTITY
- corporation, partnership, sole proprietorship or other legal entity**], with its principal place of
business at [**ENTER ADDRESS**] ("Developer"). AGENCY and Developer are sometimes
hereinafter referred to individually as"Party" and collectively as "Parties".
RECITALS
WHEREAS, AGENCY and Developer are parties to an agreement dated
, 20 , entitled "Improvement and Credit Agreement - Transportation
Uniform Mitigation Fee Program" (hereinafter"Credit Agreement');
WHEREAS, Sections 14.1 through 14.3 of the Credit Agreement provide that Developer
is obligated to pay AGENCY the TUMF Obligation, as defined therein, but shall receive credit to
offset the TUMF Obligation if Developer constructs and AGENCY accepts the TUMF
Improvements in accordance with the Credit Agreement;
WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the
credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the
TUMF Obligation, Developer may apply to AGENCY and WRCOG for a reimbursement
agreement for the amount by which the credit exceeds the TUMF Obligation;
WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed
pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit
Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all
terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the
Credit Agreement and incorporated therein as a material part of the Credit Agreement as though
fully set forth therein; and
WHEREAS, AGENCY and WRCOG have consented to execute a reimbursement
agreement with Developer pursuant to the Credit Agreement, ( insert appropriate reference for
city or county ), and the TUMF Administrative Plan adopted by WRCOG.
EXHIBIT D-1
For Use Between Public Agency and Developer
"Masser Agreement„
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable
consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as
follows:
TERMS
1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the
Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit
Agreement is effective and in full force in accordance with its terms.
3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have
the meaning and intent set forth in the Credit Agreement.
4.0 Amount of Reimbursement. Subject to the terms, conditions, and limitations set
forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar
amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as
determined pursuant to the Credit Agreement, ( insert appropriate reference for city or county),
and the TUMF Administrative Plan adopted by WRCOG ("Reimbursement'). The
Reimbursement shall be subject to verification by WRCOG. AGENCY and Developer shall
provide any and all documentation reasonably necessary for WRCOG to verify the amount of the
Reimbursement. The Reimbursement shall be in an amount not exceeding [INSERT DOLLAR
AMOUNT] ("Reimbursement Amount'). AGENCY shall be responsible for obtaining the
Reimbursement Amount from WRCOG and transmitting the Reimbursement Amount to the
Developer. In no event shall the dollar amount of the Reimbursement exceed the difference
between the dollar amount of all credit applied to offset the TUMF Obligation pursuant to Section
14.3, 14.4, and 14.5 of the Credit Agreement, and one hundred (100%) of the approved unit
awarded, as such assumptions are identified and determined in the Nexus Study and the TUMF
Administrative Plan adopted by WRCOG.
5.0 Payment of Reimbursement; Funding Contingency. The payment of the
Reimbursement Amount shall be subject to the following conditions:
5.1 Developer shall have no right to receive payment of the Reimbursement
unless and until (i) the TUMF Improvements are completed and accepted by AGENCY in
accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding
pursuant to the five-year Transportation Improvement Program adopted annually by WRCOG,
(iii)WRCOG has funds available and appropriated for payment of the Reimbursement amount.
EXHIBIT D-2
For Use BeNveen Public Agency and Developer-
''Master Agreement"
5.2 Developer shall not be entitled to any interest or other cost adjustment for
any delay between the time when the dollar amount of the Reimbursement is determined and the
time when payment of the Reimbursement is made to Developer by WRCOG through AGENCY.
6.0 Affirmation of Credit Agreement. AGENCY and Developer represent and warrant
to each other that there have been no written or oral modifications or amendments of the Credit
Agreement, except by this Agreement. AGENCY and Developer ratify and reaffirm each and
every one of their respective rights and obligations arising under the Credit Agreement. AGENCY
and Developer represent and warrant that the Credit Agreement is currently an effective, valid,
and binding obligation.
7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an
executed original of this Agreement shall be attached as Exhibit"D" to the Credit Agreement and
shall be incorporated therein as a material part of the Credit Agreement as though fully set forth
therein.
8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all
provisions of the Credit Agreement are in full force and effect and shall govern the actions of the
Parties under this Agreement as though fully set forth herein and made specifically applicable
hereto, including without limitation, the following sections of the Credit Agreement: Sections
10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 through 14.61 and
Sections 15.0 through 15.17.
[SIGNATURES OF PARTIES ON NEXT PAGE]
EXHIBIT D-3
For Use Between Public Agency and Developer
"Master Agreer-rent„
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the
day and year first above written.
("Developer")
By:
Its:
ATTEST:
By:
Its:
[INSERT"City' OR"County") of
By:
Its:
ATTEST:
By:
Its:
EXHIBIT D-4
EXHIBIT 66E"
TUMF CREDIT/ REIMBURSEMENT ELIGIBILITY PROCESS
1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps
listed below:
a. Prepare a separate bid package for the TUMF Improvements.
b. The plans, cost estimate, specifications and contract document shall require all
contractors to pay prevailing wages and to comply with applicable provisions of
the Labor Code, Government Code, and Public Contract Code relating to Public
Works Projects.
c. Bids shall be obtained and processed in accordance with the formal public works
bidding requirements of the AGENCY.
d. The contract(s)for the construction of TUMF Improvements shall be awarded to
the lowest responsible bidder(s) for the construction of such facilities in
accordance with the AGENCY's requirements and guidelines.
e. Contractor(s) shall be required to provide proof of insurance coverage throughout
the duration of the construction.
2. Prior to the determination and application of any Credit pursuant to a TUMF
Improvement and Credit Agreement executed between AGENCY and Developer
("Agreement"), Developer shall provide the AGENCY and WRCOG with the following:
a. Copies of all information listed under Item 1 above.
b. Surety Bond, Letter of Credit, or other form of security permitted under the
Agreement and acceptable to the AGENCY and WRCOG, guaranteeing the
construction of all applicable TUMF Improvements.
3. Prior to the AGENCY's acceptance of any completed TUMF Improvement, and in order
to initiate the construction cost verification process, the Developer shall comply with the
requirements as set forth in Sections 7, 14.2 and 14.3 of the Agreement, and the
following conditions shall also be satisfied:
a. Developer shall have completed the construction of all TUMF Improvements in
accordance with the approved Plans and Specifications.
b. Developer shall have satisfied the AGENCY's inspection punch list.
c. After final inspection and approval of the completed TUMF Improvements, the
AGENCY shall have provided the Developer a final inspection release letter.
d. AGENCY shall have filed a Notice of Completion with respect to the TUMF
Improvements pursuant to Section 3093 of the Civil Code with the County
Recorder's Office, and provided a copy of filed Notice of Completion to WRCOG.
e. Developer shall have provided AGENCY a copy of the As-Built plans for the
TUMF Improvements.
f. Developer shall have provided AGENCY copies of all permits or agreements that
may have been required by various resource/regulatory agencies for
construction, operation and maintenance of any TUMF Improvements.
g. Developer shall have submitted a documentation package to the AGENCY to
determine the final cost of the TUMF Improvements, which shall include at a
minimum, the following documents related to the TUMF Improvements:
EXHIBIT E-1
I. Plans, specifications, and Developer's Civil Engineer's cost estimates; or
Engineer's Report showing the cost estimates.
ii. Contracts/agreements, insurance certificates and change orders with
each vendor or contractor.
III. Invoices from all vendors and service providers.
iv. Copies of cancelled checks, front and back, for payments made to
contractors, vendors and service providers.
v. Final lien releases from each contractor and vendor(unconditional waiver
and release).
vi. Certified contract workers payroll for AGENCY verification of compliance
with prevailing wages.
vii. A total cost summary, in spreadsheet format(MS Excel is preferred) and
on disk, showing a breakdown of the total costs incurred. The summary
should include for each item claimed the check number, cost, invoice
numbers, and name of payee. See attached sample for details. [ATTACH
SAMPLE, IF APPLICABLE; OTHERWISE DELETE REFERENCE TO
ATTACHED SAMPLE)
EXHIBIT E-2
EXHIBIT "F"
RECONCILIATION EXAMPLES
All examples are based on a single family residential development project of 200 dwelling units:
200 SF dwelling units @ $6,650/ dwelling unit = $1,330,000 in fees (TUMF Obligation)
Example A:"TUMF BALANCE"
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid($1,500,000)or unit Cost Assumption($1,600,000)whichever is less $1,500,000
Potential Reimbursement: ($170,000)
RECONCILIATION
TUMF Obligation: $1,330,000
Actual Credit: J1,200,000
TUMF Balance(Payment to TUMF): $130,000
Example B: "REIMBURSEMENT"
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid($1,500,000)or unit Cost Assumption($1,600,000)whichever is less $1,500,000
Potential Reimbursement: ($170,000)
RECONCILIATION
.TUMF Obligation: $1,330,000
Actual Credit: $1,500,000
Reimbursement Agreement with Developer(Based on Priority Ranking): ($170,000)
Example C: "TUMF OVERPAYMENT'
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid($1,200,000)or unit Cost Assumption($1,500,000)whichever is less $1,200,000
Remaining TUMF Obligation: $130,000
Prorated Fee: $130,000/200 du= $650/du
RECONCILIATION
Actual Credit: $1,300;000
TUMF payments from Developer($650 per unit x 200 units) $130,000
Actual Credit plus TUMF Payment $1,430,000
TUMF Obligation: $1,330,000
Actual Credit plus TUMF Payment $1,430,000
TUMF Overpayment(Refund to Developer): ($100,000)
i
EXHIBIT F-1
EXHIBIT "G"
ESTIMATED FEE CREDIT
[ATTACH BEHIND THIS PAGE]
EXHIBIT G-I
20323.00004\7854270.2
Heritage Lake Phase IV(Menifee, California)
Estimated Amount of TUMF Credit
As of February 12,2014
e ,
Bid/Estimate McCall Briggs Notes
Construction
Roadway improvements $ 2,515,766 $ 708,217 $ 959,340 Contract awarded to RJ Noble
CO 41(Addt'I pavement depth per City) $ 132,895 $ 42,297 $ 8,484
Bid/CM/PM TBD TBD TBD
Construction inspection TBD TBD _TBD
_
Concrete test/inspect TBD TBD TBD
Sub-total $ 2,648,661 $ 750,514 $ 967,824
Right of Way
ROW dedication for roadway n/a $ 102,208 $ 140,160 McCall=2 lanes, Briggs-3 lanes
Utility relocation for roadway n/a $ $ -
Sub-total $ - $ 102,208 $ 140,160
Engineering
Roadway TBD TBD _ TBD
Striping Plans TBD TBD TBD _
Traffic control plans TBD TBD TBD
Sub-total TBD $ - $ _
Planning TBD TBD TBD Environmental or permitting
Contingency $ 158,793 $ 70,822 $ 95,934 10%of eligible construction cost
Total for Estimated Credit by Segment $ 923,544 $ 1,203,918
Maximum Program Participation $ 1,399,226 $ 1,976,408 Nexus Study Budget
Balance available for additional credit $ 475,682 $ 772,490 Available if addt'I cost eligible
Notes
-Estimated cost based upon low bid and actual expenditures where available
-Actual cost subject to validation
-Final credit is lesser of actual cost or maximum allowable program budget
- McCall Blvd improvements are 3,156 feet in length
- Briggs Road improvements are 2,946 feet in length
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