RECORDING REQUESTED BY:
City of Bakersfield
When recorded, mail to:
VIRGINIA GENNARO
City Attorney
CITY ATTORNEY' S OFFICE
1600 Truxtun Avenue, 4th Floor
Bakersfield, California 93301
No Fee for Recording in Accordance
With Section 27383 of the
California Government Code
Recorded ForThe Benefit of the Above Party
DOCUMENT
ELECTRONICALLY
RECORDEDINTHE
OFFICIALRECORDS
Space above this line for Recorder' s use
15 - 070
AGREEMENT FOR ACQUISITION AND DEVELOPMENT
OF BELCOURT AT SEVEN OAKS PARK LOACTED AT
CAMPUS PARK DRIVE AND WINDEMERE STREET
T,
ORIGINAli
RECORDING REQUESTEDBY:
City of Bakersfield
When recorded, mail to:
VIRGINIA GENNARO
City Attorney
CITY ATTORNEY' S OFFICE
1600 Truxtun Avenue, 4th Floor
Bakersfield, California 93301
No Fee for Recording in Accordance
With Section 27383 of the
California Government Code
Recorded ForTheBenefit of the Above Party
Jon Lifquist, Assessor - Recorder sM
Kern County Official Records 3/ 3112015
02: 00 PM
Recorded Electronically by:
017 City of Bakersfield City Clerk
Doc #: 000215037457 Stat Types: 1 Pages: 29
FEES 00
TAXES 00
OTHER 00
000215037457
PAID 00
Space above this line for Recorder' s use
15 - 070
AGREEMENTFORACQUISITION AND DEVELOPMENT
OFBELCOURTATSEVENOAKSPARKLOACTEDAT
CAMPUSPARKDRIVEAND WINDEMERESTREET
Acquisition, Dedication & Development Agreement
WoodbridgeAcgDevW Ming- F.Iger. 20141 118.05
o`` gAKF9
90 AGREEMENT NO. 1 5 - 0 7 0
AGREEMENT FOR ACQUISITION AND DEVELOPMENT
OF BELCOURT AT SEVEN OAKS PARK LOCATED AT
CAMPUS PARK DRIVE AND WINDERMERE STREET
THIS AGREEMENT is made and entered into on MAR2 5 2015 , by and between the CITY OF BAKERSFIELD, a municipal corporation ( " CITY" herein), and SIERRA OAKS PARTNERSLLC, a Delaware limited liability company, ( " SUBDIVIDER" herein).
RECITALS
WHEREAS, on August 15, 2007, the City Council adopted Resolution Numbers 161 - 07, 162 - 07, 163 -07, and 164 -07 thereby approving a 2,182 acre project generally bounded by Buena Vista Road, White Lane, Allen Road, and the Union Pacific Railroad commonly referred to as the West Ming Project ( " West Ming "); and
WHEREAS, by Resolution Number 163 -07 referenced above, the City Council approved the West Ming Specific Plan (the " Specific Plan "); and WHEREAS, the current Specific Plan for West Ming includes six separate residential villages identified as Villages " A" through " F," a Village Center District and a Special Use District, and provides for various parks to be located within the Villages and Village Center District; and
WHEREAS, SUBDIVIDERis first developing Village " F" in West Ming, which has a requirement to develop and dedicate a public park; and WHEREAS, it is the intent of parties to set forth all covenants and conditions for SUBDIVIDER' s development and dedication to CITY of an 8.20 gross acre public park within Village " F" and referred to in this Agreement as " Park." See Exhibit " A" legal description of Park) and Exhibit " B" ( map of Park) attached hereto; and WHEREAS, pursuant to the terms and conditions of this Agreement, SUBDIVIDER will construct Park in substantial compliance with the plans and specifications described in Exhibit " C" attached hereto, dedicate said Park to CITY as a public park, and provide for the private maintenance of Park by the applicable homeowners association; and
Acquisition, Dedication & Development Agreement
WoodbridgeAcgDevW Ming- F.Iger. 20141 118.05
o``
0 AKF9cr> m
1RIt',INAL
WHEREAS, performance under thisAgreement will satisfyall of SUBDIVIDER's parkland dedication requirements and park development and improvement requirements for Village F, including all requirements under chapters 15.80 and
15.82 of the Bakersfield Municipal Code and Section 9.1 of the Specific Plan, including implementation measures P -1through P -6, inclusive as identified in the Specific Plan; and
WHEREAS, the Cityof BakersfieldPlanningDirectorhasmade a findingthat this Agreement and the acquisition contemplated in this Agreement are consistent with the Specific Plan and the Metropolitan Bakersfield General Plan; and
WHEREAS, the transfer of the ownership interestsof Parkfor park purposes is categorically exempt from CEQA under CEQA Guidelines Section 15325, Class 25, and the development of Park site is categorically exempt from CEQA under Sections 15303, Class 3 and 15304, Class 4.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBDIVIDER mutually agree to dedicate, develop, and provide for the maintenance of a public park as follows:
I.
DEVELOPMENT
1. PARK IMPROVEMENTS. SUBDIVIDER shall construct Park in the time and manner specified herein.
2. MANNER OF CONSTRUCTION. All improvements for Park shall be installed and constructed in conformity with all legal requirementsand industry standards observed by a competent practitioner of the profession in California and in accordance with all of the following ( the " Park Improvements "):
2. 1 Consistent with the quality of amenities used in City parks;
2. 2 The CITY - approved Park Improvement plans and specifications described in Exhibit " C ", which the parties acknowledge comply with all adopted CITY standards; and
2. 3 Good engineering practices and workmanlike manner.
3. TIME OF CONSTRUCTION. SUBDIVIDER shall begin construction of Park prior to the issuance of any building permit for Village Fexcept for permits required for the construction of Park and / or permits issued for the construction of model homes. SUBDIVIDERshall complete construction of Park by March 1, 2106, unless Acquisition, Dedication & Development Agreement
Woodb6dgeAcgDevWMing- F.Iger.20141118.05
g Al4
an extension of time isgranted by CITYin writing and approved by City Council.
IfParkisnot completed by March 1, 2016, no furtherbuilding permitswill be issued for Village F until Park is completed.
4. INSPECTION AND APPROVAL OF IMPROVEMENTS. CITY shall cause to be recorded a Notice of Completion and Acceptance for Park upon the occurrence of all of the following:
4. 1 Completion of Park Improvements. When the Park
Improvements have been satisfactorily completed, and upon written application of the SUBDIVIDER, the City Engineer shall inspect and approve the same within a reasonable time and shall file a certificate showing the date of inspection and approval and shall make an order accepting or approving the Park Improvements.
5. WARRANTY AGAINST DEFECTS. SUBDIVIDER shall, for a period of one 1) year following acceptance by CITY, warrant all features of the Park Improvements, including plant material, against defective work or labor done, or defective material furnished, in the performance of this Agreement; and SUBDIVIDERagrees to correct, repair or replace promptly when demanded by CITY, all such defective work or labor done, or defective materials furnished.
II.
REFUND OF DEPOSIT / NO PARK DEVELOPMENT FEESCOLLECTED /
SATISFACTION OF PARK REQUIREMENTS / NO CITY LIABILITY
6. Refund to Subdivider. The only monies SUBDIVIDERwill receive from the CITY for the development of Park shall be the refund of the sum of Three Hundred Ninety -Two Thousand Two Hundred Twenty Four Dollars ($392, 224. 00) which SUBDIVIDERpreviously deposited with the CITYas security for park land development in connection with the Park Square at Seven Oaks apartment project. CITYwill refund said monies to SUBDIVIDERupon satisfactory completion of construction of the Park Improvements.
7. No Park Development Fees Collected From Zone of Benefit. No park development fees as called for in chapters 15.80 and 15.82 of the Bakersfield Municipal Code will be due, owing, or collected from the Zone of Benefit of the Park, as shown on Exhibit " D" attached hereto and incorporated by reference herein.
8. Satisfaction of Park Development and Improvement Reauirements.
SUBDIVIDER's completion of the Park Improvements, and dedication of the Park, as contemplated in this Agreement, shall satisfy all park development and Acquisition, Dedication & Development Agreement
Woodbr dgeAcgDevWMing- F.Iger.20141 118.05
gAK r
U
ORIGINAL
improvement requirementsfor the full build -out of Village Fas contemplated in the SpecificPlan, includingallrequirementsunderchapter 15.82of the Bakersfield MunicipalCode, allrequirementsunderSection9.1oftheSpecificPlan, including implementationmeasuresP -1throughP -6, inclusive, thereof, and anyconditions of approval requiring park development and / or payment of park development fees.
9. No City Liability. CITYshallhave no liabilityfor failureto collect any parkdevelopmentfeesspecifiedherein, andCITYdoesnotpledgeitselfthatanysuch monies will be collected. SUBDIVIDERacknowledges and agrees that CITY willnot collect park development feesfrom the Zoneof Benefit, and accordingly no such fees will be available to reimburse SUBDIVIDERfor or in connection with the development of the Park.
III.
MAINTENANCE
10. MAINTENANCE RESPONSIBILITY. The Seven Oaks West Master Homeowners Association, a California non - profit mutual benefit corporation SOWMHA "), under a separate license agreement entered into between SOWMHAand CITYof even date herewith, has agreed to maintain and repair, or provide for the maintenance and repair, at no cost to the CITY, of all walls, streetscape and median landscaping, roundabout landscaping, irrigation, park amenities and playground equipment in certain public areas of Village " F" including the Parkat a level at least consistent with the standard of maintenance within the City' s Consolidated Maintenance District, and has agreed to observe and comply with all applicable safety measures as required by CITY, all as more particularly set forth in the aforementioned license agreement.
10. 1 Remedies and Repairs. SUBDIVIDER shall repair all problems brought to itsattention in writing by CITY, within thirty (30) days if such problems can reasonably be repaired within such time, or if such problems cannot reasonably be repaired within such time, SUBDIVIDERshall commence such repair within thirty (30) days, and shall diligently continue in efforts to complete such repair, without cessation, until such repair is completed. If SUBDIVIDER fails to make appropriate repairs within the time frames specified above, CITY retains the right to make such repairs and submit an invoice to SUBDIVIDERfor the cost of such repairs or seek other appropriate remedies.
10. 2 Assignment to Homeowners Association or Maintenance District. SUBDIVIDERshall have the right to assign some or all of its rights and / or obligations under this Agreement, including its obligations under Section 10.1 above to SOWMHA, a sub - homeowners association or maintenance district, as Acquisition, Dedication & Development Agreement
WoodbridgeAcgDevW Ming- F.Iger.20141 118.05
O
0AK, 6
9J'
o
ORIGINAL
contemplated in Section 9. 1, including Implementation Measure P -5, of the Specific Plan. Any such assignment shall be by a written agreement signed by SUBDIVIDERand the applicable homeowners association or maintenance district by which SUBDIVIDERassigns to the assignee, and the assignee accepts and assumes the assigned rights and / or obligations. Effective upon SUBDIVIDER' s delivery to the CITY of a true and correct copy of such assignment and assumption agreement, SUBDIVIDER shall be released from the obligations assigned thereunder, and the assignee shall be substituted as the obligor therefor in place and stead of SUBDIVIDER.
IV.
CONVEYANCE
11. AGREEMENT TO DEDICATE.
11. 1 Dedication of Park Property. SUBDIVIDER shall dedicate or cause to be dedicated, the Park property to CITY in accordance with the covenants and conditions set forth in this Agreement.
11. 2 Satisfaction of Parkland Dedication Requirements. Dedication of the Park by SUBDIVIDER, as contemplated in this Agreement, shall satisfy all parkland dedication requirements for the full build - out of Village F as contemplated in the Specific Plan, including all requirements under chapter 15.80 of the Bakersfield Municipal Code, all requirements under Section 9. 1 of the Specific Plan, including implementation measures P -1 through P -6, inclusive, thereof, and any conditions of approval requiring parkland dedication.
11. 3 Dedication to Occur Followina Notice of Completion.
Dedication of Park by SUBDIVIDERto CITY under this Agreement shall occur no earlier than the recordation of the Notice of Completion for the Park Improvements.
12. CONVEYANCE OF TITLE. SUBDIVIDERagrees to convey to CITY fee simple marketable title to Park free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, contracts and taxes, excepting those agreed to in writing by CITY. Any and all water rights accruing to Park real property shall also be transferred to CITYwithout reservation, provided that the grantor( s) shall have the right to reserve any water rights reserved to Bolthouse Properties, LLC ( " BOLTHOUSE "), its successors or assigns, under that certain Land Exchange and Water Development Agreement dated June 7, 2006 by and between BOLTHOUSE, Castle & Cooke California, Inc., the Kern County Water Agency and CITY, including the right to pump or take groundwater from the Park property for development purposes or amenities pursuant to Section 3.4 Acquisition, Dedication & Development Agreement
WoodbidgeAcgDevW Ming- F.Iger.20141118.05
v
ORIGINAL.
of said agreement. SUBDIVIDERalso agrees to provide evidence to CITYthat waivers of surface entry have been recorded with respect to the fee oil, gas and mineralestateownedby thirdpartiesinand to the Parkproperty. Withinthirty (30) days of recordation of the Notice of Completion, SUBDIVIDERshall execute a GrantDeedwhichconveysfee simpletitleto the propertyto CITYand shalldeliversame to Escrow Holder.
13. ESCROW.
13. 1 EscrowHolder. Theconveyance of the Parkproperty shallbe consummated by means of an escrow to be opened at the office of Ticor Title Company, located at 10000StockdaleHighway, Suite101, Bakersfield, CA 93311herein " Escrow Holder ").
13. 2 Real Property. SUBDIVIDER shall grant Park to CITY, in fee simple, and in the manner set forth herein.
13. 3 Escrow Instructions. Within twenty ( 20) working days of the recordation of the Notice of Completion, each party shalldeliver to EscrowHolder appropriately executed escrow instructionsor file a written protest detailing whatinstructions are not acceptable. This Agreement shall serve as the parties' instructionsto the EscrowHolder and shallbecome part of the escrow instructions for consummation of the conveyance of the property. SUBDIVIDER and CITY agree to execute such additional and supplementaryinstructionsas may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of thisAgreementshallcontrol, unlessthe partiesjointlyagree to the contrary.
Saidescrow instructionsare incorporated herein by thisreference.
13. 4 Closing Costs. SUBDIVIDER shall be responsible for normal escrow fees, including the cost of title insurance which vests title to Park real property in the CITY. SUBDIVIDERshallbe responsiblefor all other closing costs, including, but notlimitedto, allrealpropertytaxesand assessmentsaccruingup to the closeof escrow. SUBDIVIDERshallfullypay the fullamountof any bond or assessment which isa lien upon the property.
14. PRELIMINARY TITLEREPORTAND DOCUMENTS. Within ten ( 10) working daysfollowingthe executionof thisAgreement, the followingshalloccur:
14. 1 Preliminary Title Report. SUBDIVIDERshall obtain a preliminarytitle report ( herein " PTR ") concerning the property, together with copies of reproducible documents referred to in such PTR, if any.
Acquisition, Dedication & Development Agreement
WoodbddgeAcgDevWMing- F.Iger. 20141118.05
o
AK
9s
ORIGIN4;
14. 2 Title Documents. SUBDIVIDERshall provide CITYcopies of all currently effective unrecorded tenant leases, licenses or other agreements relating to the property.
14. 3 City Approval /DisapprovalofTitleExceptions. CITYshalldeliver to EscrowHolderitswrittenapprovalordisapprovalof anyexceptionsto thetitle referredto abovewithinten (10) workingdaysafterCITY'sreceiptthereof. If, after receiptof disapprovalof anyexceptionsto the title, SUBDIVIDERdoesnotelect to cure all of said exceptions, then CITYshall have the right either to accept title to the property subject to said exceptions, thereby waiving any and all claims against SUBDIVIDERby reason thereof, or to terminate thisAgreement. CITY shall giveSUBDIVIDERsuchwrittennoticeofCITY'selectionwithintheten (10) workingdaysafterreceipt of SUBDIVIDER'selectionnotto cure. IfCITYelectsto terminate thisAgreement, thereafterneitherSUBDIVIDERnorCITYshallhaveany further liabilityhereunder, except that CITYshallbe entitledto the prompt returnof all fundsdepositedby CITYwith EscrowHolder, lessreasonableescrowcancellation feesandcostsandtitlecompanychargeswhichCITYherebyagreestopay.
15. CLOSING DATE. Escrow shall close within 60 calendar days after the recordation of the Notice of Completion for the Park Improvements.
16. CONTINGENCIES. The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies:
16. 1 Site Assessment. A favorable environmental site assessment to be performed by CITY.
16. 2 Condition of Title. CITY' s written approval of a current PTR concerning the property issued by the Title Company, as well as all documents referred to in the PTR or this Agreement ( the " Underlying Documents "), and the issuance by the TitleCompany of the title policy. SUBDIVIDER shall cause the PTR and all Underlying Documents to be delivered to CITYpromptly after the date of Agreement. CITY' s approval is to be given within ten ( 10) days after receipt of saidPTRand legible copiesof all UnderlyingDocuments. Thedisapproval by CITY of any monetary encumbrance, which by the terms of the Agreement is not to remain against the property after the Closing, shall not be considered a failure of this condition, as SUBDIVIDERshall have the obligation, at SUBDIVIDER's expense, to satisfyand remove such disapproved monetary encumbrance at or before the Closing.
16. 3 Existina Leases and Tenancy Statements. CITY' s written approval, within ten ( 10) days after receipt of legible copies of all leases, Acquisition, Dedication & Development Agreement
Woodbr dgeAcgDevWMing- F.Iger.20141118.05
gAKF$
Pr
ORIGINN,
subleases or rental arrangements ( collectively the " Existing Leases ") affecting the property.
16. 4 Other Agreements. CITY'swritten approval, within ten ( 10) days after receipt, of a copy of any other agreements ( " Other Agreements ") known to SUBDIVIDERthat willaffect the propertybeyond the Closing. CITYshallcausesaid copies to be delivered to SUBDIVIDERpromptly after the Date of Agreement.
Theseagreements shallbe part of the Underlying Documents.
16. 5 Material Chance. No material change shall have occurred with respect to the property that hasnot been approved in writing by CITY, which shallhave twenty (20) daysfollowing receipt of written notice from any sourceof any such Material Change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no Material Change has occurred prior to close of escrow.
16. 6 All above contingencies are for the benefit of, and may be waived in writing by, CITY and may be elsewhere herein referred to as " CITY Contingencies."
V.
MISCELLANEOUS
17. IMPROVEMENT SECURITY.
17. 1 This Agreement shall be secured by good and sufficient security, which shall be filed with the CITY prior to commencement of construction. Such improvement security shall consist of security set forth in Bakersfield Municipal Code Chapter 16. 32. Any corporate surety bond issued pursuant to Bakersfield Municipal Code Section 16.32.020 -3 shall substantially conform to the form set forth in Section 66499. 1 of the Map Act or any successor statute. The estimated cost of the various features of the Park Improvements, as shown on attached Engineer' s Bond estimate, Exhibit " E" attached hereto and incorporated as though fully set forth herein, shall be used, if applicable, as the basis for the reduction of security in connection with the CITY acceptance of Park Improvements.
17. 2 Said improvement security shall be in the amount of one hundred percent ( 100 %) of the total estimated cost of construction of the Park Improvements as outlined on the Engineer' s Bond estimate conditioned upon the faithful performance of the agreement for the full and timely completion of the Park Improvements in accordance with this Agreement.
Acquisition, Dedication & Development Agreement
WoodbddgeAcgDevW Ming- F.Iger. 20141118. 05
gAKF9Page 8 of 17 Pages -- p s
r
J
ORPINAL
17. 3 Additional improvementsecurityshallalso be provided in an amount of fifty percent ( 50 %) of the total estimated cost of construction of the ParkImprovements, securingpaymentto thecontractor, itssubcontractors, and to personsrentingequipmentorfurnishinglaborormaterialsto it forthework.
17. 4 Additional improvement security shallalso be provided in anamount of ten percent ( 10 %) of the total estimated cost of the construction of thePark Improvements, to be provided prior to CITYacceptance of the ParkImprovements, to secure SUBDIVIDER' s obligation to warrant the Park Improvements, fora periodof one (1) yearfollowingrecordationof theNoticeof CompletionfortheParkImprovements, againstanydefectiveworkorlabordoneor defective materials furnished.
18. REDUCTION AND RELEASEOF SECURITY.
18. 1 Improvementsecuritymay be reducedon orderof the CityEngineerupon completion of a phaseof workwhich isoperational and usableas a public improvement as set forth above.
18. 2 Improvementsecurityforpaymentto thecontractor, oranyof itssubcontractorsoranypersonrentingequipmentorfurnishinglaborormaterials to it forthe ParkImprovementsmay, sixty (60) daysafter recordationof a Notice of Completion, be reduced to an amount not lessthan the total of all claimson which an action or stop notice hasbeen filed and notice thereof given inwriting to CITY, andif nosuchactionorstopnoticeisfiled, suchimprovementsecuritymay be released in full.
18. 3 The security identified in paragraph 17.4 shall be finally releasedto the SUBDIVIDERone (1) year following the recordation of a Notice of Completion and Acceptance by CITY, provided that no defective work or labor done or defective materials furnished in the performance of the work has been discovered within such one ( 1) year period and reported in writing to CITY, and further provided that no damage has been done to the Park Improvements after itsapproval by any other work undertaken by the SUBDIVIDER.
18. 4 In the event defective work, labor or materials has been discovered or damage to the Park Improvements has resulted from SUBDIVIDER's other work, the securityshallbe released upon satisfactory repair or replacement of the defective or damaged ParkImprovements, asdeterminedby CITY, orafter expiration of the one ( 1) year specified above, whichever occurs later.
19. COMPLETION BY SURETYOR CITY.
Acquisition, Dedication & Development Agreement
WoodbddgeAcgDevWMing- F.Iger.20141118.05
0 gAKF9
ORICAINAL.
19. 1 If the City Engineer, in the exercise of reasonable discretion, determines that:
19.1.1TheSUBDIVIDERhasfailed to properlyand fullycomplete all of the work of improvement in accordance with this Agreement, and within the time, or any extension of time, provided herein; or
19.1.2 The SUBDIVIDERhas failed or neglected to begin the work, or any feature of the work, within a time which will reasonablyallow its completion within the time, or any extension of time, provided in this Agreement; or
19.1.3TheSUBDIVIDERhasabandoned any of the work; or
19. 1.4The SUBDIVIDER, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; or
19.1.5TheSUBDIVIDERhasfiled a petition in bankruptcyor hasbeen declared bankrupt; then the CityEngineermaygivethe SUBDIVIDERand itssuretyfourteen (14) days' writtennotice to proceed with the work, without prejudiceto any otherremedy CITYmay have in law or equity.
19. 2 Ifthe suretyproceeds with the work, the suretyshallbe subject to all of the provisions of this Agreement.
19. 3 If the SUBDIVIDERor its surety shall fail or neglect to proceed with the work diligently and in good faith in accordance with this Agreement after such notice has been given, CITYmay thereafter, at its sole option and without prejudice to any other remedy, provide the necessary supervision, equipment, materials and labor as it may determine necessary to undertake and complete the work of improvement or any part thereof in the manner required by this Agreement, by independent contract or by CITYforces, all for the account and at the expenseof the SUBDIVIDER, and the SUBDIVIDERand itssuretyshallbe liable to CITY and shall pay CITY, on demand, any expenses, costs, fees or other expenditures incurred by CITY in the course thereof.
20. SUBDIVIDER' S WARRANTIES. SUBDIVIDER warrants and represents it is the soleowner of, or hasthe right to acquire, in fee simple, the Parkproperty and has or shall have the right and legal ability to transfer or cause to be transferred said Park as set forth in this Agreement to CITY.
Acquisition, Dedication & Development Agreement
WoodbridgeAcgDevWMing- F.Iger. 20141118.05
AKF
f— in
U
ORIGINAL
21. INSURANCE. In addition to any other insurance or bond required under this Agreement, SUBDIVIDERshall procure and maintain for the duration of this Agreement the following types and limits of insurance ( " basic insurance requirements" herein):
21. 1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($ 1,000,000) per occurrence; and the policy shall:
21. 1. 1 Provide coverage for owned, non - owned and hired autos.
21. 2 Broad form commercial aeneral liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($ 1,000,000) per occurrence; and the policy shall:
21. 2. 1 Provide contractual liability coverage for the terms of this Agreement.
21. 2. 2 Provide products and completed operations
coverage.
21. 2. 3 Contain an additional insured endorsement in favor of CITY, its mayor, council, officers, agents,
employees and volunteers.
21. 2. 4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to
advance approval by the CITY, SUBDIVIDER may
utilize a Self- Insured Retention provided that the
policy shall not contain language, whether added by
endorsement or contained in the Policy Conditions,
that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named
Insured, or by any means including other insurance or
which is intended to defeat the intent or protection
of an Additional Insured.
Acquisition, Dedication & Development Agreement
WoodbddgeAcgDevW Ming- F.Iger. 20141118. 05
4gAK CyO R
r r' r-
ORIGINAi.
21. 3 Workers' compensation insurance with statutory limits and employer' s liability insurance with limits of not less than One Million Dollars 1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers.
21. 4 All policies required of the SUBDIVIDERshall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of SUBDIVIDER' s insurance and shall not contribute with it.
21. 5 Except for workers' compensation, insurance is to be placed with insurers with a Best' s rating as approved by CITY's Risk Manager, but in no event lessthan A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best' s A -: VII, must be declared prior to execution of this Agreement and approved by the CITY in writing.
21. 6 Unless otherwise approved by CITY' s Risk Manager, all policies shall contain an endorsement providing the CITY with thirty ( 30) day' s written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.
21. 7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.
21. 8 SUBDIVIDERshall furnish the City RiskManager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.
21. 9 Full compensation for all premiums which SUBDIVIDER is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefore or for additional premiums which may be required by extensions of the policies of insurance.
Acquisition, Dedication & Development Agreement
WoodbridgeAcgDevW Ming- F.Iger. 20141 118.05
mr
U 4
ORK3INAL
111i4w * 0
21.10 It is further understood and agreed by SUBDIVIDERthat its liabilityto the CITYshallnot in anyway be limitedto oraffected by the amountofinsurance obtained and carried by SUBDIVIDER in connection with this Agreement.
21.11 Unlessotherwiseapproved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITYhas approved lesser insurance requirements for SUBDIVIDER.
22. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of SUBDIVIDERas an independent contractor.
SUBDIVIDERisnot an agent or employee of the CITYfor any purposeand isnot entitled to any of the benefits provided by CITYto its employees. ThisAgreement shall not be construed as forming a partnership or any other association with SUBDIVIDERother than that of an independent contractor.
23. INDEMNITY. SUBDIVIDERshall indemnify, defend, and hold harmless CITY, its officers, agents and employeesagainstany and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, beforeadministrativeorjudicialtribunalsof any kindwhatsoever, arisingout of, connected with, or caused by SUBDIVIDER, SUBDIVIDER's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY'ssole active negligence or willful misconduct.
24. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. ThisAgreement may be modified only in a writing approved by the City Council and signed by all the parties.
25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in thisAgreement, whether or not actually attached.
26. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arisinginanyway fromthisAgreementshallbe broughtinKernCounty, California.
Acquisition, Dedication & Development Agreement
Woodb6dgeAcgDevWMing- F.Iger.20141118.05
S
m
L)
81'GINAL
27. SEVERABILITY. If any provision of this Agreement may prove to be invalid, void or illegal, it is the intent of the parties that all other provisions of this Agreement shall remain fully valid, enforceable and binding on the parties hereto.
28. NO WAIVER OF DEFAULT. The failure of any party to enforce against another a provisionof thisAgreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
29. COUNTERPARTS. ThisAgreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument.
30. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
31. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
32. NON - INTEREST. No officer or employee of the CITYshall hold any interest in this Agreement ( California Government Code Section 1090).
33. ACCEPTANCE. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement.
34. ASSIGNMENT. ThisAgreement shall not be assigned by any party, or any party substituted, without prior written consent of all parties.
35. COMPLIANCE WITH ALL LAWS. SUBDIVIDER shall, at no cost to the CITY, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield businesstax certificate ( Bakersfield Municipal Code Chapter 5. 02) where required.
Acquisition, Dedication & Development Agreement
WoodbddgeAcgDevW Ming- F.Iger.20141118.05
0AKF9Page 14 of 17 Pages -- J'n
t_ m
U C3
ORIGINAL
M-
36. COVENANTS RUNWITHTHELAND. All provisions of this Agreement shall run with the land and be binding upon the parties, their respective heirs, administrators, executors, successors, assigns, devisees, representatives and all other persons or entities acquiring the property ( or any portion thereof or interest therein) which is the subject of this Agreement.
37. RECORDATION. Thisagreement shallbe recorded at the KernCountyHall of Records.
38. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United Statesmail.
Thepartiesshallbe addressed asfollows, or at any other addressdesignated bynotice:
CITY: CITY OF BAKERSFIELD
RECREATION AND PARKS DEPARTMENT
1600 Truxtun Avenue
Bakersfield, Calffornia 93301
Telephone: ( 661) 326 - 3866
SUBDIVIDER: SIERRA OAKS PARTNERS LLC
ATTENTION: TODD CUNNINGHAM
27285 Las Ramblas, Suite 239
Mission Viejo, CA 92691
Telephone: ( 949) 348 - 8162
With a copy to: BOLTHOUSE PROPFERTIES, LLC
ATTENTION: STEPHAN J. DEBRANCH
2000 Oak Street, Suite 200
Bakersfield, CA 93301
Telephone: ( 661) 323 - 4005
39. TAX NUMBERS.
SUBDIVIDER' s Federal Tax Identification Number: L46- 30744- 3S43S Is SUBDIVIDER a corporation? Yes No X
Please check one.)
40. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
Acquisition, Dedication & Development Agreement
WoodbridgeAcq DevWMing- F.Iger.20141118.05
gAKF9
v o
ORIGINAL
41. HAZARDOUS MATERIALS. SUBDIVIDERknows of no hazardous material stored, dumped or in any way placed in, on, over or about Park. SUBDIVIDER knowsof no activities, eitherpublic or private, whereinSUBDIVIDERor a third party has placed or dumped any hazardous material of any nature in, on, over or about Park. SUBDIVIDERtakes full responsibility for cleaning up any hazardous material placed in, on or about Park at any time prior to CITYtaking title and hereby fully indemnifies CITY, and CITY's successorsand assigns, from any and all liability, claims, actions, causes of action or demands whatsoever for clean up of hazardous materialsfound in, on, over or about Parkplaced prior to CITYtaking title.
42. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with SUBDIVIDERor associate in any such relationship with SUBDIVIDERby reason of the provisions of this Agreement. SUBDIVIDER shall not for any purpose be considered an agent, officer or employee of CITY.
43. APPLICABILITY OF CERTAIN LAWS. SUBDIVIDER acknowledges that it is represented by its own separate legal counsel in regard to this Agreement.
SUBDIVIDERaccepts responsibility for and shall be responsible for identification of and for compliance with all applicable laws pertaining to constructing those improvements referenced above and the contract or contracts pertaining thereto, including but not limited to the Labor Code, the Public Contract Code, and the Government Code of the State of California. CITY makes no representation as to the applicability or inapplicability of any laws regarding contracts, including contracts related to the construction of the Park Improvements, and especially the matters of competitive bidding and the payment of prevailing wages. SUBDIVIDER will neither seek to hold nor hold the CITYliable, and shall hold harmless and indemnify CITY, each of itsofficers, officials and employees for any consequence of any failure by SUBDIVIDERto correctly determine applicability of any such requirements to any contract it enters into, irrespective of whether CITYknew or should have known about applicability of any such requirement. This paragraph shall apply with respect to any enforcement action, whether public or private, and whether brought by a public enforcement agency or by private civil litigation, against SUBDIVIDER or CITY or both with respect to the matters addressed by this paragraph.
Acquisition, Dedication & Development Agreement
WoodbridgeAcgDevW Ming- F.Iger. 20141 118.05
v
ORIGINAL
n
IN WITNESSWHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written.
CITY"
CITY OF BAK
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Associate City Attorney
Insurance: CU ,
APPROVED AS TO CONTENT:
RECREATION AND PARKS DEPARTMENT
By: L Z _
DIANNE HOOVER
Recreation and Parks Director
COUNTERSIGNED:
By:
NELSON K. SMITH
Finance Director
SUBDIVIDER"
SIERRA OAKS PARTNERS LLC
B
Print Name: SaS r` 4± rc; ry
Title: Senior P(`d;ccj' / AatnG1r. P!-
Rl: lsc
Attachments: Exhibit " A" - Legal Description of Park Dedication Exhibit " B" - Park Map
Exhibit " C" - Description of Plans and Specifications for Park Improvements Exhibit " D" - Zone of Benefit
Exhibit " E" - Engineer' s Bond Estimate
Certificates of Insurance
Acquisition, Dedication & Development Agreement
WoodbridgeAcgDevW Ming- F.Iger. 20141118.05
v
ORIGINAL
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL •.
A notary public or other officer completingthis certificateverifiesonly the identity of the individualwho signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
Countyof 1 ,f jry` )
r n
A.
On IMO*rCk 25 t 2015 before me, JWINAL - N- Qbk" N RA10JlL , Date Here Insert Name and Title of the Officer
personally appeared U11
of Signer( s)
who proved to me on the basis of satisfactory evidence to be the personas) whose name( is /arw subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his /herkheir authorized capacity( ies'), and that by his /herftheir signature(g) on the instrument the person(; or the entity upon behalf of which the person(4 acted, executed the instrument. rLOA JENNIFER N. OdERT
ComaNt Ion # 2073517
Nowt' Pume - call tnll
KIM County
MVComm. ith Jul 31 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature 141# Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document- --- Description of Attached Document
Title or Type of Document:
Number of Pages: Signer( s) Other Than
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited eneral
Individual orney in Fact
El Trustee Guardian or Conservator
Other:
Signer Is epresenting:
Date:
Above:
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
02014 NationalNotaryAssociation • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item # 5907 AKF9sF- T
U
r-
ORIGINAL,
EXHIBIT " A"
PARK SITE
LEGAL DESCRIPTION
ALL THAT PORTION OF PARCELS 10 AND 11 OF PARCEL MAP 12100 RECORDED DECEMBER 30, 2014, 2014 IN BOOK 59 OF PARCEL MAPS, AT PAGE 178 IN THE
OFFICE OF THE KERN COUNTY RECORDER, LYING WITHIN THE NORTH HALF OF SECTION 13, TOWNSHIP 30 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND
MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 10, SAID POINT LYING ON A 2404. 00
FEET RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIAL BEARS NORTH 59 °26' 37" EAST, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT - OF- WAY OF WINDERMERE STREET;
THENCE ( 1) ALONG SAID RIGHT -OF -WAY, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07 030' 49 ", AN ARC DISTANCE OF 315. 25 FEET TO
THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 49. 00 FEET WHOSE RADIAL BEARS NORTH 51 055'48" EAST; THENCE ( 2) CONTINUING ALONG SAID RIGHT - OF -WAY, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87 035' 37 ", AN ARC DISTANCE OF 74. 91 FEET;
THENCE ( 3) CONTINUING ALONG SAID RIGHT - OF -WAY, SOUTH 49 °31' 25" WEST A DISTANCE OF 575. 57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 946. 00 FEET;
THENCE ( 4) CONTINUING ALONG SAID RIGHT - OF -WAY, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 ° 36' 51 ", AN ARC DISTANCE OF 59. 67
FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 35. 00 FEET, WHOSE RADIAL BEARS NORTH 36 °51' 44" WEST; THENCE ( 5) CONTINUING ALONG SAID RIGHT - OF -WAY, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49 042' 22 ", AN ARC DISTANCE OF 30. 36
FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95. 00 FEET, WHOSE RADIAL BEARS SOUTH 12 050' 38" WEST; THENCE ( 6) CONTINUING SOUTH ALONG SAID RIGHT - OF -WAY, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44 °21' 37 ", AN ARC DISTANCE OF
73. 55 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 35. 00 FEET, WHOSE RADIAL BEARS NORTH 31030' 59" WEST; THENCE ( 7) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 043' 44 ", AN ARC DISTANCE OF 29. 77 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 946. 00 FEET, WHOSE RADIAL BEARS NORTH 17 °12' 45" EAST, SAID POINT BEING ON THE NORTHERLY RIGHT - OF -WAY OF ARBOR REAL DRIVE;
PAGE 1 OF 2 0 0AKF9 T
rn
v
ORIGINAL
THENCE ( 8) ALONG SAID NORTHERLY RIGHT -OF -WAY, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 "05' 15 ", AN ARC DISTANCE OF 183. 06 FEET;
THENCE ( 9) NORTH 35 °26' 38" EAST, A DISTANCE OF 637. 85 FEET; THENCE ( 10) NORTH 29 °31' 54" WEST, A DISTANCE OF 289. 52 FEET; THENCE ( 11) NORTH 60 °58' 51" EAST, A DISTANCE OF 302. 05 FEET TO A POINT LYING ON A 2404. 00 FEET RADIUS NON - TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIAL BEARS NORTH 65 035'40" EAST, SAID POINT ALSO BEING A POINT ON THE SOUTH RIGHT - OF -WAY OF WINDERMERE STREET; THENCE ( 12) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06 009'02 ", AN ARC DISTANCE OF 258. 07, TO THE POINT OF BEGINNING.
CONTAINING 8.20 GROSS ACRES, MORE OR LESS.
ZW. P
1 f 4G JJTTO
I
CALIT
s4 -/ T
PAGE 2 OF 2
o 0AKF9sT
r
v Cr
ORIGINA1
PARCEL 11
P. M. No. 12100
P. M. BK. 59., PG. 178.
EXHIBIT ' B'
5 PARCEL
LINER o
N89' 19'
yam ` 338.
PARCEL 10
P. M. No. 12100
P. M. BK. 59., PG. 178.
1w
STREAM ENERGY, INC. ` b i
GOSFORD 4 44U - 13" cal
Z
ABANDONED PLUGGED) .
h
Pq qti
4 ENERGY, INC.
RD 4 44X - 13"
DATE: 01113/ 2015
1 IJOB No. 0H
ENGINEER: FP52
OF 1 SHEETSIIIDRAFTSMEN: NMS
CURVE TABLE
CURVE RADIUS LENGTH DELTA TANGENT
C1 2404.00' 258.07' 6'09'02' 129.16'
C2 2404.00' 315,25' 7'30' 49" 157.85'
C3 49. 00' 74. 91' 8735' 37" 46.98'
C4 946. 00' 59. 67' 336' 51" 29. 85'
C5 35,00' 30.36' 1 49'42'22" 16.21'
C6 95.00' 73.55' 44' 21'37" 38.73'
C7 35. 00' 29. 77' 48'43' 44" 15.85'
C8 946.00' 183.06' 11'05'15" 191.82'
48 " W
79 ' A\
POINT OF \
BEGINNING
PARK SITE
DEDICATION
8. 20 GROSS ACRES
6 "
CURVE TABLE
RADIAL BEARING
R1 S12'50'38 "W
R2 N31'30'59 "W
R3 N1712' 45 "E
R4 N36'51'44 "W
R5 I N2817'60 "E
v
A
9,Q\
o
STREAM ENERGY, INC. ` V
GOSFORD 4 54 - 13" \
w ( ABANDONED, PLUGGED)
A.
PARCEL 9
P. M. No. 12100
N P. M. BK. 59., PG. 178.
o
N CENTER SECTION 13,
T30S, R26E, MDBM
MID - SECTION LINE
THIS MAP IS FOR ILLUSTRATIVEPURPOSESONLY"
WMSP VILLAGE " F"
PARK SITE
CITY OF BAKERSFIELD
N-
SCALE: 1"= 200'
0 50 100 200
PORTER & ASSOCIATES, INC.
ENGINEERING & SURVEYIj c1200 21st St, Bakersfield, 01 $ 30f 661. 327. 0362 FAX 661927. 1065
rrr
ORIGINAL
Exhibit " C Continued
1' SUMMERS/ MURPHY 6 PARTNERS, INC.
LANDSCAPE ARCHITECTS
34191 COAST HIGHWAY SUITE 200, DANA POINT, CALIFORNIA 92629 ( 949) 443 - 1446 • FAX ( 949) 443 - 1631 PARK
FACILITY REQUIREMENTS
Dedication of Land Yes
Design & Development Yes
Grading and Leveling Yes
Curb / Gutter / Sidewalks / street Improvements Yes
Utilities — Electric / Water / Sewer / Phone Line Yes
Security Lighting 8 Poles
Automatic Irrigation System Yes
Maxicom Computer Controlled
Restroom & Storage Building Fixtures 2 — Male / 2 — Female Playground Areas ( 3) Elementary & Tot Yes
Playground Shelters and Shade Structures Yes
Turf and Landscaping Soil Amendments Yes
Tree ( 48" Box) 25
Tree ( 36" Box) 40
Tree ( 24" Box) 100
Shrubs ( 5 Gallon Size) 2000
Shrubs ( 15 Gallon Size) 1000
Concrete Walkways Yes
Meandering D.G. Trail 6' Wide Yes
gAKF9
F-- m
J r
r) RIGINAL
MIS
Aluminum Benches 28
Aluminum Tables 16
Barbeques 4
Drinking Fountains 5
Trash Containers 40
Bike Rack 4
Open Field Area Yes
Soccer Field 200' x 300'
Tennis Court 2
Amphitheater with Overhead Trellis and D.G Stage 1
Tubular Steel Fence with Access Openings Yes
Parking Lot w/ ( 2) H.C. Parking Stalls Yes
Monument Wall with Park Name Yes
City Standards & Specs Yes
Masonry Block Wall along Western Border of Park Yes
Adjacent to Future Residential
EXHIBIT C
o``
0AKF9
r.- mr
U p
ORIGINAL
Z
w Exhibit " D"
yS * REGISrFF
0 oM
rte... < \`
V
0z
0 Cr1
y
1 I 11
I!
1 f f -'
v
L
I1 1
1 II
N (
1 Ii
I1
1 IW
i1 (
11 1
II; 1
M
rl
1 I, ( X
1 1
zd 1
o
LOT 1 LLA
No. 13 -0179
J — LBUENA
1 (- -- - - - --- - - -- - -- - °- - - - - - -- ROAD _.,----------------- r--
aAx a
v o
ORIGINAL
Exhibit " E"
JIMIM12
SUMMERS / MURPHY & PARTNERS INC.
LANDSCAPE ARCHITECTS
reri...,. e.. nrre - wa <, e •.us. r... y. v. o va,
BELCOURT AT SEVEN OAKS 8. 2 ACRE PARK
Sierra Oaks Partners, LLC
Note: • Thisis a bond estimate only and not to be usedfor pay anyother purposes.
Preliminary Ooinion of Cost Estimate
HARDSCAPE
Parking Lot Paving 15177 s.f. 151, 770. 00
Concrete Walk Paving inside 39010 s.f. 175, 545. 00
Concrete Parkway outside 15759 s. f. 70, 915. 50
Park Trail 9270 s.f. 23, 175. 00
Tennis Courts ( 2)
25 150, 000. 00
Restroom 750 s.f. 75, 000. 00
Shade Structures ( 2) 1200 s. f. 102, 000. 00
Tension Shade at Amphitheater 1350 s. f. 60, 750. 00
Drinking Fountains ( 4)
2000
48, 000. 00
Bike Racks ( 3)
1000
9, 000, 00
Safety Fencing along roadways 1200 I.f. 54, 000. 00
Park Signage and Kiosk
8000
50, 000. 00
Park Lighting ( parking lot, walkway)
60 75, 000. 00
Tot Lot (age group play equip, rubber surface)
61640 s.f.
100, 000. 00
Mansonry Block Wall ( Western Border to the Park) 877 Lf 57, 005. 00 SUB TOTAL $ 1, 202, 160. 50
SOFTSCAPE
Soil Prep & Fine Grade 270500 s.f. 94, 675. 00
Automatic Irrigation 270500 s.f. 405, 750. 00
Hydro seeded Turf 230744 s.f. 80, 760. 40
Trees
48 inch box 25 32, 500. 00
36 inch box 40 20, 400. 00
24 inch box 100 25, 000. 00
Shrubs
5 gallon 2000 30, 000. 00
15 gallon 1000 85, 000. 00
Ground Covers
1 gallon 8000 52, 000. 00
Vines 15 gallon 60 5, 100. 00
Mulch 3 inches in shrub areas 61640s.f. 40, 066. 00
SUB TOTAL $ 871, 251. 40
TOTAL $ 2, 073, 411. 90
CONTINGENCY 15% $ 2. 384. 423. 69
p
0AKF9
F mr
v a
C?R104INAL
1111111r v
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 12 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY
OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR
AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
State Or Governmental Agency Or Subdivision Or Political Subdivision:
Per Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Section II — Who Is An Insured is amended to include
as an insured any state or governmental agency or
subdivision or political subdivision shown in the
Schedule, subject to the following provisions:
1. This insurance applies only with respect to opera-
tions performed by you or on your behalf for which
the state or governmental agency or subdivision or
political subdivision has issued a permit or au-
thorization.
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or "personal and
advertising injury" arising out of operations performed for the federal government, state or municipality; or
b. "Bodily injury" or "property damage" included within the " products- completed operations hazard ".
CG 20 12 05 09 Insurance Services Office, Inc., 2008
0AK
9Page 1 of 1,§
ORIGINAI
n SIERR05 OP ID: EM
ACORO
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM / DDIYYYY)
03/ 02/ 2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Clifford & Bradford Ins Agency
1515 20th Street
Bakersfield,
Cooper erMichael W. Cooper
CONTACT
Courtney ColePHONE FAX
A/ NoE1,11: 661 - 283 -8100 ( AICNo): 661- 283 -8111
nlDRESS: [email protected]
X COMMERCIALGENERALLIABILITY
INSURER( S) AFFORDING COVERAGE NAIC #
INSURERA: United Specialty Ins. Co.
EACH OCCURRENCE
INSURED Sierra Oaks Partners LLC
Woodbridge Pacific Group, Inc.
27285 Las Ramblas Ste 230
INSURER B:
INSURER C:
X
INSURER D'.
BT01416699
Mission Viejo, CA 92691
INSURER E:
PREMISES Ea occurrence EXCLUDE
INSURER F:
MED EXP (Any one person) EXCLUDE
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OF INSURANCE I
ACCORDANCE WITH THE POLICY PROVISIONS.
POLICY NUMBER
POLICY EFF
MMIDDIYYWPOLICYEXPMMIDDIYYYY LIMITS
A X COMMERCIALGENERALLIABILITY EACH OCCURRENCE 2, 000, 000 CLAIMS -MADEAl OCCUR X BT01416699 03115/2014 03/15/2017 PREMISESEaoccurrence EXCLUDE MED EXP (Any one person) EXCLUDE
PERSONAL & ADV INJURY 2, 000, 00
AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000, 000GEN' L X POLICYF] PRO
LOCJECT PRODUCTS - COMP / OP AGG 2, 000, 000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY ( Per person) ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accidentHIRED AUTOS
NON - OWNED
AUTOS
UMBRELLA LIAR OCCUR EACH OCCURRENCE
AGGREGATEEXCESS LIAB CLAIMS - MADE
DEDI IRETENTION $ WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/ PARTNER / EXECUTIVE
PER -
STATUTE ER
E. L. EACH ACCIDENT
OFFICER/ MEMBER EXCLUDED? N I A
E. L. DISEASE - EA EMPLOYEEMandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
CITY OF BAKERSFIELD ITS MAYOR, COUNCIL OFFICERS, AGENTS EMPLOYEES AND VOLUNTEERSAREAD61TIONALINSUREDTO fHE GENERALLIABILITYPERFORMCG2012 05/ 09.
CERTIFICATE HOLDER CANCELLATION
CITYBAK
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY OF BAKERSFIELD
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCEWITH THE POLICY PROVISIONS.
RISK MANAGEMENT OFFICE
1501 TRUXTUN AVE AUTHORIZED REPRESENTATIVE
BAKERSFIELD, CA 93301
1988 - 2014 ACORD CORPORATION.
ACORD 25 ( 2014/ 01) The ACORD name and logo are registered marks of ACORD Allrightsre r 9
d.
mF-- r—
v °
ORIG" AL
III :, WOODPAC - 01 HEPE
ACOR"
CERTIFICATE OF LIABILITY INSU NCE DATE ( MMIDDlYYM
9/ 3012014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement( s).
PRODUCER
Automatic Data Processing Insurance Agency, Inc
1 ADP Boulevard
Roseland, NJ 07068
NAME:
PHONE
FAXAICNo
EMAILADDRESS:
INSURERS) AFFORDING COVERAGE NAIC i
INSURERA:AIG Property Casualty Co
INSURED
Woodbridge Pacific Group
27285 Las Ramblas Ste 230
Mission Viejo, CA 92691-
INSURERB:
INSURERC:
EACH OCCURRENCE
INSURER D:
PREMISES Ea occurrence
INSURER E :
MED EXP ( Any one person)
INSURER F :
PERSONAL & ADV INJURY
CAVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN SR TYPE OF INSURANCE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bakersfield
POLICY NUMBER MMIDDEFF MM,
DDY
EXP
LIMITS
AUTHORIZED REPRESENTATIVE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADEF OCCUR
EACH OCCURRENCE
PREMISESEa occurrence
MED EXP ( Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
GEN' L AGGREGATE LIMIT APPLIES PER
POLICY PIE LOC
PRODUCTS - COMP / OP AGG
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS
N N - OWNED
HIRED AUTOS AUTOS
COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PPROaERdYDAMAGE
UMBRELLALIAB
EXCESS LIAB
OCCUR
CLAIMS- MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILnY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
F—] OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
If yes. desonbe under
DESCRIPTION OF OPERATIONS below
NIA
X WC065256310 5/ 28/ 2014 5/ 28/ 2015
W STATU- 0TH-
TORC
Y LIMITS ER
E L. EACH ACCIDENT 1,000, 00
E. L. DISEASE - EA EMPLOYEE 1,000, 00
E . DISEASE - POLICYLIMIT1 $ 1,000, 00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, If more space is required)
CERTIFICATE HOLDER CANCELLATION
U 18BS - ZU1U AGUKU GUKF' UKA I l
ACORD 25 ( 2010/ 05) The All name and logo are registered marks of ACORD All ngnis ress ervel
I
i=nrv o
ORIGINAL
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN
Cityof Bakersfield ACCORDANCE WITH THE POLICY PROVISIONS.
Public Works Department
1600 Truxton Ave AUTHORIZED REPRESENTATIVE
Bakersfield, CA 93301-
U 18BS - ZU1U AGUKU GUKF' UKA I l
ACORD25 ( 2010/05) The All name and logo are registered marksof ACORD All ngnis ress ervel
I
i=nrv o
ORIGINAL
J
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA This endorsementchangesthe policy to which it is attachedeffective on the inceptiondate of the policy unlessa different date is indicated below.
The following "attachingclause" need be completedonly when this endorsementis issuedsubsequentto preparationof the policy).
This endorsement, effective 12:01 AM 05/ 28/ 2014 forms a part of Policy No. WC 065 -25 -6310 Issued to WOODBRIDGE PACIFIC GROUP INC
By GRANITE STATE INSURANCECOMPANY
Premium 2655
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregatingthe remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 5. 0 % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization
C7ALIFFORNIA COASTAL COMMUNITIES, INC.
MiSSlAVIEJO, CA 92691
JOB NUMBER: NONE PROVIDED
JOB LOCATION: NEAR BOLSACHEEKA & WARNER AVENUE IN
HUNTINGTON BEACH, CA
WHISPERING HILLS, LLC
19800 MACARTHUR BLVD # 700
IRVINE, CA 92612
JOB NUMBER: NONE PROVIDED
JOB LOCATION: NEAR HIGHWAY 74 & LA PATA IN
SAN JUAN CAPISTRANO, CA
THE PREMIUM WILL BE 5% OF THE UNMODIFIED PREMIUM
ARISING OUT OF THE WORK FOR WHICH THE WAIVER IS
GRANTED. MINIMUM PREMIUM IS $ 250.
CITY OF BAKERSFIELD
1600 TRUXTON AVE.
BAKERSFIELD, CA 93301
THE PREMIUM WILL BE 5% OF THE UNMODIFIED PREMIUM
ARISING OUT OF THE WORK FOR WHICH THE WAIVER IS
GRANTED. MINIMUM PREMIUM IS $ 250.
Job Description
DEVELOP, BUILD, SELL
HOMES
DEVELOP, BUILD, SELL
HOMES
RE: PROJECT MGMT
FOR MASTERPLANNED
COMMUNITY
WC 04 03 06 Countersigned by _ _ _ _ _ _ t3AKF
Ed. 04184) 8- 9U
Authorized Representati ,
U C7
ORDINAL