Make sure the hinge fits into the extrusion frame with no corner weld beads interfering with the door fit. Do not put the hinge in a bind or cause the stainless-steel hinge to touch the aluminum. Install the doors using a truss head bolt with the nylon coating under the head and Threadlocker on the threads.
Painting Steel
The manufacturer shall wipe any oil residue dry, remove any rust and remove weld slag or smoke. Clean the surface with solvent before painting. Prime with one even coat of black Color primer, and then spray a topcoat over the primer for the finish coat. After bolts are tightened to the proper torque, touch up the bolt area and ends of the bolts with primer or cold galvanizing coating.
Mounting Emergency Lights and Options
All emergency lights, accessory mountings, Kussmaul covers, and 110 outlet boxes mounted to the body should be mounted with pre-coated Threadlocker and nylon under the head screws or bolts to minimize corrosion between dissimilar metals.
Electrical Grounding
Grounding straps shall be installed consisting of a minimum 2-gauge strap bolted to the chassis frame.
A ground cable from the cab to the right side frame rail From the alternator to the right side frame rail
From the pump module frame to the right side truck frame.
Aerials: from the hydraulic and pump module framework.
From the pump mount to the truck frame rail.
From the body module to the right side truck frame.
Proper grounding will help eliminate ground loop problems throughout the truck, reducing the possibility for electrolysis and corrosion to occur. Provide clean connection points on all ground connections, (remove paint where applicable), and spray or brush on electrical sealer as necessary.
When installing foam system pump wiring the power must come from a dedicated breaker to a power solenoid, and then to the power terminal provided by FoamLogix or FoamPro. Pay particular attention to the grounding detail for wire size and good grounding practice, including removing the paint at the point of ground attachment to the chassis. Keep the length of ground wire as short as practically possible.
SALT SPRAY TESTING
Salt spray test shall be used to confirm the relative resistance to corrosion of coated and uncoated metallic specimens, when exposed to a salt spray climate at an elevated temperature. Test specimens shall be placed in an enclosed chamber and exposed to a continuous indirect spray of neutral (pH 6.5 to 7.2) salt water solution, which falls-out on to the specimens at a rate of 1.0 to 2.0 ml/80cm²/hour, in a chamber temperature of +35C. This climate shall be maintained under constant steady state conditions.
Method
Salt fog testing shall be performed by placing samples in a test cabinet that has been designed in accordance with Paragraph 4 (Apparatus) of ASTM B117 and operated in accordance with Paragraph 10 (Conditions) of ASTM B117.
A 5% salt solution, prepared by dissolving sodium chloride into water that meets the requirements of ASTM D1193 Specification for Reagent Water, Type IV is supplied to the chamber. At the time the samples are placed into test, the cabinet should be pre-conditioned to the operating temperature of 35ºC and fogging a 5% salt solution at the specified rate. The fog collection rate is determined by placing a minimum of two 80 sq. cm. funnels inserted into measuring cylinders graduated in ml. inside the chamber. One collection device shall be located nearest the nozzle and one in the farthest corner.
Orientation
Unless otherwise agreed upon, the samples are placed at a 15-30 degree angle from vertical or tested in the “installed” position. This orientation allows the condensation to run down the specimens and minimizes condensation pooling. Overcrowding of samples within the cabinet should be avoided. An important aspect of the test is the utilization of a free-falling mist, which uniformly settles on the test samples. Samples should be placed in the chamber so that condensation does not drip from one to another.
Test durations
Test durations shall be 500 hours except for sample rotation and daily monitoring of collection rates, the cabinet should remain closed for the duration of the test.
PAINTING
All exposed metal surfaces do not chrome plated, polished stainless steel or bright aluminum tread plate shall be thoroughly cleaned and prepared for painting. All irregularities in painted surfaces shall be rubbed down and all seams shall be caulked before the application of the finish coat.
All removable items such as brackets, compartment doors, door hinges, trim, etc. shall be removed and painted separately to insure finish paint behind all mounted items. Body assemblies that cannot be finish painted after assembly shall be finish painted before assembly. Both aluminum and steel surfaces to be painted shall be primed with a two (2) component primer which is compatible with the finish coat. The apparatus shall be finish painted with a polyurethane base/clear system. “No Exception” Utilizing the stainless steel body fabrication, the interior of all compartments, inside hose bed, and surrounding areas adjacent to compartments doors shall remain a #4 brushed stainless steel finish. This practice shall eliminate the possibility of paint chipping, and electrolysis of aluminum, which can cause corrosive action between dissimilar metals. The chassis, compartment doors, front and rear jack panels, and rear fender panels shall be painted the color indicated.
Prior to reassembly and reinstallation of lights, handrails, door hardware and any miscellaneous items, an isolation tape or gasket material shall be used to prevent damage to the finish painted surfaces. A nylon
washer shall be installed under each acorn nut or metal screw that is fastened directly to a painted surface.
The following paint process shall be utilized:
Surface Preparation:
1. Wash surface thoroughly with mild detergent.
2. Clean and de-grease with Prep-Sol 3812S.
3. Sand and feather edge using 400 grit or finer on a dual action sander.
4. Remove sanding dust with a cleaner compatible with polyurethane base coat/clear coat final finish.
Substrate treatment:
1. Use a Metal Conditioner followed with a Conversion Coating product.
Priming:
1. Use a priming 615S pretreatment.
2. Use a self etching primer applied to achieve a 1.5 mil dft minimum.
3. Use Prime N Seal sealer compatible with polyurethane base coat.
Color Coat:
1. Apply polyurethane base coat 1-2 mil dft minimum.
Clear coat:
1. Apply polyurethane clear coat 2 mil dft minimum.
PAINT TWO TONE CAB
The cab exterior surfaces shall be two (2) colors.
CAB PAINT BREAK LOCATION
The paint break line shall be at the bottom of the windshield.
PAINTED FRAME AND LOWER AERIAL COMPONENTS
The frame rails, rear drop, fuel beam, outriggers, sway bars, and lower aerial components shall be painted glossy black.
TEXTURED FRAME RAIL COATING
The area of the frame rails where the pump module shall be located. Shall be applied with a textured coating that matches the frame rail color.
TURNTABLE PAINT
The turntable, side plates and lift cylinders shall be painted silver.
STRIPING
A 6" Scotchlite stripe shall be provided across the front of the cab and along each side of the apparatus.
“Z” STRIPE
The Scotchlite stripe shall be a one-piece "Z" type on the cab sides and continuing straight along each side of the apparatus.
An additional 1" Scotchlite stripe shall be provided.
CHEVRON STRIPING, REAR BODY OUTBOARD, ORAFOL REFLEXITE
The apparatus shall have 6” red and yellow reflective Orafol Reflexite Chevron style striping affixed to the outboard rear body panels. The striping will be set in a manner to have the effect of an inverted “V” shape.
The stripe will travel low to high from the outside to the inside.
BOOM SIGN
A boom sign, approximately 87" x 10", shall be provided on each side of the boom. The background of the boom sign shall be painted primary truck color.
BOOM SIGN LETTERING
Up to twenty (20) 6" 22KT Gold laminated goldleaf letters, with left hand shading and right hand outline to equal 6-5/8" letter, shall be provided on each boom sign.
MISCELLANEOUS EQUIPMENT FURNISHED
1 pt. touch-up paint
A bag of stainless steel nuts and bolts, as used in the construction of the apparatus.
WHEEL CHOCKS
Two (2) Ziamatic #SAC-44 folding wheel chocks with SQCH-44H holders shall be provided. The wheel chocks shall be located in an area close to the rear axles easily accessible from the side of the apparatus.
PIKE POLE STORAGE
Three (3) storage tubes shall be recessed each side of the rear compartment for pike pole storage. A springloaded clip shall be installed near each tube to secure the head of a standard pike pole.
OPERATION AND SERVICE MANUALS
Complete "Operation and Service" manuals shall be supplied with the completed apparatus, one (1) printed copy and one (1) USB flash drive. Service manual instructions shall include service, maintenance and troubleshooting for major and minor components of the truck. The apparatus manufacturer shall supply part numbers for major components (i.e. Engine, Axles, Transmission, Pump, etc.). A table of contents, hydraulic, air brake and overall apparatus wiring schematics shall be included.
A video demonstration DVD on the operation of the truck shall be supplied with the manuals.
DELIVERY
The custom-built fire apparatus shall be driven from the manufacturing facility to the community by a factory trained delivery engineer who shall thoroughly demonstrate the complete apparatus operation and maintenance to the fire department designated personnel.
MANUFACTURING & LOCATIONS
The apparatus will be manufactured in facilities wholly owned and operated by the company. A complete stock of service parts, and service shall be provided on 24 hours around the clock basis. The company shall maintain parts and service for a minimum period of twenty (20) years on each apparatus model manufactured.
continued
STANDARD VEHICLE WARRANTY
SUTPHEN CORPORATION (Sutphen) warrants to the original purchaser of a Sutphen vehicle, that it will provide for repairs to the Sutphen vehicle during the warranty period, in accordance with the following items, conditions, limitations and exclusions.
1. --- What is covered except as otherwise stated below: Sutphen shall provide repair or replacement, at the sole option of Sutphen, of any part of a Sutphen vehicle in which a defect in materials or workmanship appears under normal use, maintenance or service.
2. --- Warranty period: This limited warranty is in effect for a period of twelve (12) months or 24,000 miles, whichever comes first. The warranty period will begin on the date the vehicle is delivered to the original purchaser. This limited warranty is void if the odometer has been disconnected, its reading has been altered, or true and accurate mileage cannot be otherwise determined by Sutphen.
3. --- Other warranties: The manufacturers of other equipment and components, installed on the vehicle, including but not limited to engine, transmission, axles, pumps, tanks, and signaling devices and other installed equipment, may provide their own warranties. These warranties are separate from this limited warranty and shall constitute the sole and exclusive warranty for those specific covered components. Sutphen shall have no duty or obligation to repair or replace such components. Please review each manufacturer’s warranty for descriptions and details of their respective warranty.
4. --- Purchaser responsibilities: Normal maintenance such as those detailed in the Sutphen Operation and Maintenance Manuals are the responsibility of the purchaser. A copy of maintenance documentation may be requested before approval is given for warranty repair. Failure to comply with such maintenance voids this limited warranty.
5. --- What is NOT covered: This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period.
Examples of items not covered include, but are not limited to:
A. Major components or trade accessories such as purchased chassis, engines, signaling devices, transmission, pump, tank, or generator that have a separate warranty by the original manufacturer, or equipment used in fire fighting.
B. Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance.
D. Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use.
E. Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and lubricant levels and failure to follow operating instructions.
F. Normal maintenance such as lubrication, filter replacement, fluid replacement, belts, hoses, clutch, brake linings, brake drums, or disc brake rotors and electric accessories, etc.
G. Batteries, tires, light bulbs.
H. Towing charges and storage expenses.
I. Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs, vacation pay, etc.
J. Discharge and compound gauges from freezing.
K. Leaking seals on discharge and suction valves.
L. Damage caused from exposure to road de-icing compounds or use in an acidic environment.
M. Hydraulic failures caused by incorrect or contaminated oil.
N. This warranty terminates upon transfer of ownership of the vehicle from the original purchaser.
O. Damage caused from not following cab and body washing and care procedures located on truck and in operation and maintenance manual.
6. --- Obtaining repairs:
A. All limited warranty work must be authorized by Sutphen prior to repairs being attempted.
B. To obtain limited warranty repairs the vehicle must be taken by customer to an Authorized Sutphen Service Center within the limited warranty period. To find the name and location of the nearest Authorized Sutphen Service Center in your area, call 1-866-287-5549 or write Sutphen Corporation / Warranty Admin, PO Box 1845, Springfield, OH 45501.
C. Sutphen reserves the right to inspect the vehicle before repairs are made and Sutphen shall be deemed the sole judge as to whether there is a defect in materials or workmanship under normal use, maintenance or service.
March 1, 2012 Supersedes All Previous Warranties
D. Any part or parts considered to be covered by the conditions of this limited warranty shall be returned, freight prepaid, to Sutphen, or to such other location as may be approved by the company. Replacement or repair of parts determined to be within this limited warranty shall be F.O.B. at Sutphen.
E. In an emergency, where an Authorized Sutphen Service Center is not reasonably available, contact Sutphen Service Department for instructions. Repairs may be performed, at purchaser’s risk, at any available service establishment chosen by purchaser. Purchaser must contact Sutphen Service Department the first business day after completion of repairs. Approved repair invoices must be received by Sutphen within sixty (60) days of repairs. Upon Sutphen’s receipt of invoice, Sutphen will review the invoice for reimbursement to the purchaser. Any reimbursement will consist only of the reasonable and customary repair expenses normally covered under this limited warranty.
Sutphen will assume no liability and will not warrant the workmanship or components which are the subject of any reimbursement under this policy.
7. --- Warranty limitations:
A. Nothing contained in this warranty shall make Sutphen liable beyond the express limitations hereof, for loss, injury or damage of any kind to any person or entity resulting from any defect or failure in the machine.
B. To the extent permitted by law, this limited warranty is also in lieu of all other obligations or liabilities on the part of Sutphen or the Seller, including liability for incidental and consequential damages.
C. Sutphen makes no representation that the machine has the capacity to perform any functions other than as contained in the company’s written literature, catalogs or specifications accompanying delivery of the machine.
D. No person or affiliated company representative is authorized to give any other warranties or to assume any other liability on behalf of Sutphen in connection with sale, service or repair of any apparatus manufactured by the company.
E. Sutphen reserves the right to make design changes or improvements in it’s products without imposing any obligation upon itself to change or improve previously manufactured products.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
March 1, 2012 Supersedes All Previous Warranties
AERIAL PLATFORM AND AERIAL LADDER
MECHANICAL WARRANTY
TWO (2) YEARS
SUTPHEN CORPORATION (Sutphen) warrants the original user/purchaser that the mechanical components of a new aerial platform or aerial ladder is, and will remain, free of corrosion perforation, structural defects or failure provided that the components are used in a normal and reasonable manner. Mechanical components are defined as the hardware and mechanical items used on an aerial device. This Mechanical Warranty shall supplement the Standard Vehicle Warranty.
Sutphen’s obligation under this limited warranty is subject to the conditions precedent (1) that the claimed failure shall have first appeared during the warranty period; (2) that the original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the claimed failure shall have first appeared, and (3) that, unless Sutphen directs otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen designee, promptly after the notification, with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this warranty. Sutphen’s obligation under this warranty is strictly limited to repair or replacement as the company may elect.
This limited warranty coverage shall be valid for a period of two (2) years from the delivery date to the original user/purchaser. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Major components or trade accessories that have a separate warranty by the original manufacturer, or equipment used in fire fighting.
B. --- Unauthorized alteration or modification to the vehicle, including the aerial, body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance.
D. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use.
E. --- Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and lubricant levels and failure to follow operating instructions.
F. --- Normal maintenance items such as lubrication, cables, shives, pivot bearings, pivot shafts, etc.
G. --- Towing charges and storage expenses.
H. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs, vacation pay, etc.
I. ---- Damage to discharge and compound gauges from freezing.
J. ---- Leaking seals on discharge and suction valves.
K. --- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
L. --- Hydraulic failures caused by incorrect or contaminated oil.
M. --- Hydraulic pressure caused by incorrect PSI settings.
N. --- Hydraulic cylinder seal after one (1) year service.
O. --- Electric reels, air reels, electric controls and components.
If proper maintenance has not been performed and documented on Sutphen Aerial Inspection forms and sent to Sutphen at time of check, all coverage is void.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
November 22, 2017 Supersedes All Previous Warranties
AERIAL PLATFORM OR AERIAL LADDER
STRUCTURAL & CORROSION WARRANTY
THIRTY (30) YEARS
SUTPHEN CORPORATION (Sutphen) warrants the original user/purchaser that a new aerial platform or aerial ladder is, and will remain, free of corrosion perforation and structural defects, provided the aerial platform is used in a normal and reasonable manner. An aerial platform or aerial ladder is defined as the mechanically operated telescopic boom constructed of high-strength structural aluminum mounted on the fire truck. Excluded are all hardware, mechanical or electrical items, bucket, yoke and all normal wear items. Truck must be third party tested yearly. The Sutphen hourly maintenance schedule must be sent in to Sutphen for documentation that this work was performed per hourly schedule. This Structural Warranty shall supplement the Standard Vehicle Warranty.
Sutphen’s obligation under this limited warranty is subject to the conditions precedent (1) that the claimed failure shall have first appeared during the warranty period; (2) that the original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the claimed failure shall have first appeared, and (3) that, unless Sutphen directs otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen designee, promptly after the notification, with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this warranty. Sutphen’s obligation under this warranty is strictly limited to repair or replacement as the company may elect.
This limited warranty coverage shall be valid for a period of thirty (30) years from the delivery date to the original user/purchaser. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in any improper manner.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Major components or trade accessories such as purchased chassis, engines, signaling devices, batteries, generators, tires, or transmissions that have a separate warranty by the original manufacturer, or to equipment used in fire fighting.
B. --- Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance.
D. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use.
E. --- Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and lubricant levels and failure to follow operating instructions.
F. --- Towing charges and storage expenses.
G. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs, vacation pay, etc.
H. --- Hydraulic pressures are not set to the correct PSI I. ---- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
J. ---- Hydraulic failures caused by incorrect or contaminated oil.
K. --- Hydraulic cylinder seal after one (1) year of service.
If proper maintenance has not been performed and documented on Sutphen Aerial Platform or Aerial Ladder Inspection forms and the forms sent to Sutphen at the time of check, all coverage is void.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
continued
CAB STRUCTURAL INTEGRITY
WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION (Sutphen) warrants the cab of each new custom fire and rescue vehicle manufactured by Sutphen to be free of structural failures caused by defective design or workmanship for a warranty period of ten (10) years after the date on which the vehicle is first delivered to the original purchaser or 100,000 miles, whichever occurs first. This warranty is limited to the cab tubular support and mounting structures and to the other structural components.
Sutphen’s obligation under this warranty is limited to repairing or replacing, as Sutphen may elect, without charge to the original purchaser, the structural component or components which Sutphen, after examination, finds, to Sutphen’s satisfaction, to have structurally failed due to defective design or workmanship.
Sutphen’s obligation under this limited is subject to the conditions precedent: (1) that the claimed failure shall have first appeared during the warranty period; (2) that the original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the claimed failure shall have first appeared, and (3) that, unless Sutphen directs otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen’s designee, promptly after the notification, with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this warranty.
Sutphen’s obligation under this warranty is strictly limited to repair or replacement as the company may elect.The warranty is pro-rated for a period of ten (10) years from the date of delivery as follows: first three years, one hundred percent; four years, seventy-five percent; five years, fifty percent; six years, forty percent; seven years, twenty-five percent; eight years, twenty percent; nine years, fifteen percent; ten years, ten percent.
In advance of the original purchaser effecting repair of replacement of a structural component or components found by Sutphen to have structurally failed due to defective design or workmanship, approval for the repair or replacement must be obtained from Sutphen’s Customer Service Department. Repair or replacement must be made by a facility approved in advance by Sutphen.
Failure to obtain either or both of the advance approvals voids this warranty. Coverage under this warranty of labor for repair or replacement is limited to the time or amounts reasonably necessary, as determined by Sutphen, to make the repair or replacement. Labor time or amounts deemed excessive by Sutphen are not covered under this warranty.
Any repair or replacement effected by Sutphen under this limited warranty is itself warranted under this warranty for the duration of the warranty period subject, however, to the provisions of this warranty as are applicable to the structural component or components repaired or replaced by Sutphen. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Major components or trade accessories that have a separate warranty by the original manufacturer, or equipment used in fire fighting.
B. --- Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance.
D. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use.
E. Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and lubricant levels and failure to follow operating instructions.
F. --- Towing charges and storage expenses.
G. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs, vacation pay, etc.
H. --- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
I. ---- (1) Normal maintenance services or adjustments:(2) any item that has been repaired, replaced or altered by a facility not approved in advance by Sutphen Customer Service Department or in a manner which in Sutphen’s judgment, may adversely affect the operation or longevity of the vehicle or item; (3) special, incidental or consequential damages including, but not limited to, loss of time, inconvenience, loss of use, or lost profits; (4) any malfunction resulting from misuse, negligence, alternation accident, or lack o f operational knowledge or normal maintenance or adjustments; (5) time required to unload or reload the vehicle or item; (6) nonstructural breakage or cracking; (7) material bending, buckling or other metal deformation unless caused by a structural failure of a structural component as identified in Sutphen’s specifications, of the cab due to defective design or workmanship; or (8) transportation fees or charges to or from any facility.
March 1, 2012 Supersedes All Previous Warranties
J. ---- This limited warranty is void if Sutphen determines that the vehicle or item has been neglected, misused, altered, overloaded, loaded beyond specified compartment weights limits, loaded to a state of excessive imbalance side to side, or damaged. This warranty is also void if Sutphen determines that the warranty claim is false or misrepresented, that the vehicle or item has been damaged in an accident or by an act of God, or that the structural failure is attributable to use or operation of the vehicle or item in a manner or for a purpose other than that for which Sutphen intended or designed the vehicle or item.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
October 25, 2016 Supersedes All Previous Warranties
FRAME WARRANTY
LIFETIME
SUTPHEN CORPORATION (Sutphen) warrants to the original user/purchaser only of a Sutphen chassis, that the frame or frame members are free of defects in material and workmanship, ordinary wear and tear excepted, for the lifetime of the vehicle.
Sutphen’s obligation under this warranty is strictly limited to repairing, as the company may elect, any part or parts of such frame or frame members which the company’s examination discloses to be defective in material or workmanship. The company reserves the right to require any such repairs to be made either at a company owned service facility or another approved service facility at the company’s option. Transportation cost to and from the servicing location will be the responsibility of the user/purchaser.
Sutphen’s obligation under this limited warranty is subject to the conditions (1) the claimed failure shall have first appeared during the warranty period; (2) the original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the claimed failure shall have first appeared, and (3) unless Sutphen directs otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen designee, promptly after the notifications, with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this limited warranty. Sutphen’s obligation under this warranty is strictly limited to repair or replacement as the company may elect.
This warranty shall be null and void if the frame shows any evidence of alterations, cutting, splicing, additional welding or drilling of rails or flanges without the written authorization of Sutphen. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner. The frame and under carriage shall be washed and painted, by the owner, where needed, semi-annually or as conditions require; if rust starts, it must be properly primed and painted or this warranty shall be voided.
Periodically check apparatus for chips and scratches in the paint and repair them with touch-up paint furnished upon delivery, or equal. Several times a year wash underneath the apparatus, especially during winter months. If power wash is used, use a fan spray only or it may damage the undercoating or paint. If damage of undercoating or paint occurs, prime, paint, and reundercoat areas where bare metal is showing, or warranty shall be void.
If optional Ziebart undercoating is provided on the apparatus, purchaser is required to have undercoating inspected annually by an Authorized Ziebart Dealer for a minimum of 10 years.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
B. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance.
C. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use.
D. --- Damage caused by failure to follow the requirements of the maintenance schedule.
E. --- Towing charges and storage expenses.
F. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs, vacation pay, etc.
G. --- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
continued
PAINT WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION (Sutphen) warrants vehicle exterior paint finish of fire apparatus against peeling, cracking, and lack of adhesion, provided the vehicle is used in a normal and reasonable manner. This limited warranty is extended only to the original user/purchaser.
Sutphen’s obligation under this warranty is strictly limited to repairing or replacing as the company may elect. The company reserves the right to require any such repairs to be made either at a company owned service facility or another approved service facility at the company’s option. Transportation cost to and from the servicing location is the responsibility of the user/purchaser. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner.
Periodically check apparatus for chips and scratches in the paint and repair them with touch-up paint furnished upon delivery, or equal paint. Several times a year wash underneath the apparatus, especially during winter months. If power wash is used, use a fan spray only or it may damage the undercoating or paint. If damage of undercoating or paint occurs, prime, paint, and re-undercoat areas where bare metal is showing.
Sutphen’s obligation under this limited warranty is subject to these conditions:
(1) The claimed failure shall have first appeared during the warranty period; (2) The original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the claimed failure shall have first appeared, and
(3) Unless Sutphen directs otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen designee, promptly after the notification, with transportation charges prepaid.
Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this limited warranty. Sutphen’s obligation under this warranty is strictly limited to repair or replacement as the company may elect.
The warranty is pro-rated for a period of Ten (10) years from the date of delivery as follows: first year, one hundred percent; second year, one hundred percent; third year, one hundred percent; fourth year, fifty percent; fifth year, forty percent; sixth year, twenty five percent; seventh year, ten percent, eighth year, paint only, ninth year, paint only, tenth year, paint only.
Paint only coverage from the paint manufacturer covers top coat and appearance only (gloss and color retention).
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Major components or trade accessories that have a separate warranty by the original manufacturer, or to equipment used in fire fighting.
B. --- An unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance.
D. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use.
E. --- Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and lubricant levels and failure to follow operating instructions.
F. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, loading or travel costs, vacation pay, etc.
G. --- Gold leaf or striping and Scotchlite emblems or decals, except that which is affected by repair.
H. --- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
I. ---- Damage caused from not following cab and body washing procedures on truck and in Operation and Maintenance manual.
J. ---- Defects if vehicle is damaged, dented, scratched or rusted from severe salt or road corrosive materials, or faded or discolored by exposure to heat or severe sun conditions or environmental conditions.
K. --- This warranty shall not apply to non-exterior surface areas (i.e. compartment interiors, undercarriages).
L. --- This warranty shall only apply to exterior coatings applied by Sutphen Corporation and specifically excludes all coating applications applied by other manufacturers including chassis and chassis compartments.
September 12, 2019 Supersedes All Previous Warranties
M. --- This warranty shall exclude accessory vendor equipment that is painted to match the finished vehicle.
N. --- This warranty shall exclude painted roll-up doors.
O. --- Hazing, chalking or loss of gloss caused by improper care, abrasive polishes, cleaning agents, heavy duty pressure washing or aggressive mechanical wash system.
P. --- Paint deterioration caused by abuse, accidents, acid rain, chemical fallout or acts of nature.
Q. --- Accidents, scratches, chips, bruises and gloss reduction due to normal vehicle use and maintenance.
R. – Third party undercoatings like Ziebart or Krown are not covered in this warranty.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
March 1, 2012 Supersedes All Previous Warranties
PLUMBING WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION (Sutphen) warrants the stainless steel pipe and ancillary brass fittings used in the construction of the water plumbing system, for a period of ten (10) years, provided the vehicle is used in a normal and reasonable manner.
This limited warranty is extended only to the original user/purchaser.
Sutphen’s obligation under this warranty is strictly limited to repairing or replacing as the company may elect. The company reserves the right to require any such repairs to be made either at a company owned service facility or another approved service facility at the company’s option. Transportation cost to and from the servicing location is the responsibility of the user/purchaser. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner.
This limited warranty covers only repair or replacement of above mentioned item(s) in which a defect in materials or workmanship appears within the limited warranty period.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
Cummins Protection Plan Plus
Coverage
This Extended Coverage Plan (Plan) is available to be purchased for all eligible Cummins Engines used in automotive applications marketed for use Worldwide under the trademark "Cummins", "Cummins ReCon®" or "Cummins Westport".
This Plan covers any failure of the Engine which results, under normal use and service, from a defect in Cummins material or factory workmanship (Covered Failure).
This Plan begins on the expiration of the Cummins Base Engine Warranty applicable to the Engine. Coverage ends at the time, miles (kilometers) or hours specified on the accompanying Certificate, whichever occurs first, AS MEASURED FROM THE CUMMINS BASE ENGINE WARRANTY START DATE.
Cummins Responsibilities
Cummins will pay for all parts and labor needed to repair the damage to the Engine resulting from a Covered Failure.
Cummins will pay for the lubricating oil, antifreeze, filter elements and other maintenance items that are not reusable due to the Covered Failure.
Cummins will pay reasonable labor costs for Engine removal and reinstallation when necessary to repair a Covered Failure.
Owner Responsibilities
Owner is responsible for operation and maintenance of the Engine as specified in the applicable Cummins Operation and Maintenance Manual. Owner is also responsible for providing proof that all recommended maintenance has been performed.
Before the expiration of this Plan, Owner must notify a Cummins distributor, authorized dealer or other repair location approved by Cummins of any Covered Failure and make the Engine available for repair by such facility. Service locations are listed on the Cummins Worldwide Service Locator at cummins.com.
Owner is responsible for all towing and/or travel expenses incurred as a result of a Covered Failure for Engines used in automotive applications.
Owner is responsible for the cost of lubricating oil, antifreeze, filter elements, belts, hoses and other maintenance items provided during covered repairs unless such items are not reusable due to the Covered Failure.
Owner is responsible for communication expenses, meals, lodging and similar costs incurred as a result of a Covered Failure.
Owner is responsible for non-Engine repairs, "downtime" expenses, cargo damage, fines, all applicable taxes, all business costs and other losses resulting from a Covered Failure.
Owner is responsible for the costs to investigate complaints, unless the problem is caused by a covered defect in Cummins material or factory workmanship.
Limitations
Engines with an emissions certification listed below must be operated using only diesel fuel having no more than the corresponding maximum sulfur content. Failure to use the specified fuel as listed in the Cummins Fuel Bulletin #3379001 Table 1 (Cummins Inc. Required Diesel Fuel Specifications) can damage the Engine and aftertreatment system within a short period of time. This damage could cause the Engine to become inoperable and failures attributable to the use of incorrect fuels will be denied Warranty Coverage. Fuel specifications also need to comply with local fuel regulations (EN590 for Europe and ASTM D975 for North America) for Warranty eligibility.
Maximum sulfur levels by emissions certification level as listed on the Engine's dataplate are:
EPA 2007/2010/2013/2017 max. 15 parts per million
EPA Tier 4 Interim / Final max. 15 parts per million
EU Stage IIIB 2011 max. 15 parts per million
Euro 4/5 max. 50 parts per million
Euro 6 max. 10 parts per million
Cummins is not responsible for failures resulting from incorrect modifications or alterations to the Engine or adjustments that significantly alter the Engine's operating characteristics. Failures, other than those resulting from a defect in material or factory workmanship, are not covered by this Plan.
Cummins Inc.
Box 3005
Columbus, IN 47202-3005
U.S.A. Bulletin 3385468 Printed in U.S.A. Rev. 5/16 ©2000 Cummins Inc.
Cummins is not responsible for failures or damage resulting from what Cummins determines to be abuse or neglect, including, but not limited to: operation without adequate coolants or lubricants; overfueling; overspeeding; lack of maintenance of lubricating, cooling or intake systems; improper storage, starting, warmup, run-in or shutdown practices; unauthorized modifications of the Engine. Cummins is also not responsible for failures caused by incorrect oil or fuel, or by water, diesel exhaust fluid, dirt or other contaminants in the fuel, oil or diesel exhaust fluid.
Aftertreatment component failures are not covered by this Plan.
Belts and hoses are not covered by this Plan.
This Plan does not apply to accessories supplied by Cummins which bear the name of another company.
Such non-warranted accessories include, but are not limited to: alternators, starters, fans, air conditioning compressors, clutches, filters, transmissions, torque converters, steering pumps, non-Cummins fan drives, Engine compression brakes and air compressors. Cummins branded alternators and starters are not covered by this Plan.
Parts used to repair a Covered Failure may be new Cummins parts, Cummins approved rebuilt parts or repaired parts. Cummins is not responsible for failures resulting from the use of parts not approved by Cummins.
A new Cummins or Cummins approved rebuilt part used to repair a Covered Failure under this Plan assumes the identity of the part it replaced and is entitled to the remaining Coverage hereunder.
This Plan is transferable to subsequent Owners of the Engine by notifying a Cummins Distributor within 90 days of the transfer of ownership.
This Plan does not duplicate other Coverage applicable to the Engine.
Fees paid for this Plan are not refundable.
CUMMINS DOES NOT COVER WEAR OR WEAROUT OF COVERED PARTS.
CUMMINS IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CUMMINS RESERVES THE RIGHT TO INTERROGATE ELECTRONIC CONTROL MODULE (ECM) DATA FOR PURPOSES OF FAILURE ANALYSIS.
EXCEPT FOR THE PUBLISHED CUMMINS ENGINE WARRANTY APPLICABLE TO THE ENGINE,
THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In the United States* and Canada, this Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state or province to province.
Outside the United States* and Canada, in the case of consumer sales, in some countries the Owner has statutory rights, which cannot be affected or limited by the terms of this Warranty. Nothing in this Warranty excludes or restricts any contractual rights the Owner may have against third parties. * United States includes American Samoa, the Commonwealth of Northern Mariana Islands, Guam, Puerto Rico and the U.S. Virgin Islands.
Coverage I.D.: EXC
Coverage I.D.: RXC
Attachment 1D
FUNDING AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF
CALIMESA AND BIRTCHER DEVELOPMENT
THIS FUNDING AND REIMBURSEMENT AGREEMENT (“Agreement”) is dated this ____ day of _________________, 2022 by and between QR Birtcher Oak Valley Owner LLC, a Delaware limited liability company (“Developer”), and the City of Calimesa, a California municipal corporation (“City”). The Developer and the City are sometimes hereinafter referred to individually as “party” and collectively as the “parties”.
RECITALS
Whereas, Developer is the owner of certain real property in the City of Calimesa (“City”), as more specifically described in Exhibit “A” (“Developer Property”);
Whereas, the Developer desires to construct approximately 2,250,000 square feet of industrial buildings (warehouses) on the Developer Property (the “Project”);
Whereas, in order to provide appropriate fire protection services for this type of development, the City must have specialized fire apparatus, specifically as described in more detail in Exhibit “B” (“Fire Apparatus”) prior to occupancy of buildings on the Developer Property;
Whereas, in addition to receipt of the Fire Apparatus, the parties acknowledge that a number of different factors, some of which are not within the City’s control, will influence the issuance of certificates of occupancy for the Project;
Whereas, although this is the first development of its kind in Calimesa, the City anticipates that the City will approve subsequent development projects which will likewise need the specialized Fire Apparatus (including future industrial projects, and other types of uses that require the Fire Apparatus for fire protection), and therefore be required to make “fair share” payments based on each project’s proportionate share of its impacts. In addition, the City anticipates that it will be annexing unincorporated property that have, or will have other developments in need of the Fire Apparatus, and intends to require “fair share” payments from such development in connection with the annexations. Hereinafter, projects needing the Fire Apparatus will be collectively referred to as (“Benefitting Developments”).
The City will require that each Benefitting Development will contribute its “fair share” of the cost of the Fire Apparatus in proportion to the benefit it receives.
Attachment 1E
2 Whereas, at the time of execution of this Agreement, the City anticipates that up to three additional developments may occur that would also be required to contribute their fair share of the cost of the Fire Apparatus. However, the timeline of those other projects is uncertain;
Whereas, the City and Developer agree that Developer will fund the purchase of required fire apparatus described in Exhibit B; Whereas, as described in more detail in Section 4.0 herein, the City intends to require “Fair Share” contributions from Benefitting Developments. Such fair share contribution towards the Fire Apparatus in compliance with applicable law, will reduce Developer’s contribution towards the Fire Apparatus, and the City will reimburse the Developer accordingly, pursuant to this 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 have any force and effect unless and until Conditional Use Permit 21-01, General Plan Amendment 21-01, Specific Plan Amendment 21-01, Environmental Assessment 21-01, Development Plan Review (“DPR”) 21-02, 21-03, 21-04 and 21-05 have been approved by the City Council (collectively “Project”), and either (i) no challenge has been filed within all applicable statute of limitations periods, or (ii) any challenge to the City’s approval thereof has been finally resolved (the “Effective Date”). relate
3.0 Funding.
3.1 Timing of Funding and Purchase. The Developer shall pay the City 100% of the final purchase price, including any applicable taxes (collectively “Purchase Price”), for the Fire Apparatus as specified by Calimesa’s Fire Chief within thirty (30) days after the Effective Date. The City anticipates the Purchase Price will not exceed $2.2 million for the Fire Apparatus described in Exhibit B. Accordingly, in no circumstances shall Developer’s maximum payment exceed $2.2 million. The Parties may extend the deadline for paying the Purchase Price by mutual written agreement, The maximum payment of $2.2 million does not include the offset described in Section 3.2 of this Agreement, meaning that the maximum amount Developer shall be obligated to pay under this agreement is $2.2 million less the offsets set forth in Section 3.2. Developer acknowledges that the City will not issue a Certificate of Occupancy for any portion of its proposed
3 development until such time as the City has received the Fire Apparatus. City and Developer will cooperate in expediting the timing of the purchase and delivery of the Fire Apparatus, including but not limited to taking actions prior to the Effective Date, such as City initiating the purchase steps required by law, Developer paying a portion of the Purchase Price as a deposit on the Fire Apparatus, and other available actions. In addition, the City will explore mutual aid agreements with other fire agencies. In no event shall the City enter into a purchase agreement for the Fire Apparatus more than sixty (60) days after the Effective Date, provided the City has received the Purchase Price from the Developer pursuant to this Agreement. If the City has not taken delivery of the Fire Apparatus within one (1) year of the Effective Date, the parties agree to meet in good faith to determine if the Certificate of Occupancy can be issued prior to the delivery of the Fire Apparatus.
3.2 Offset of Purchase Price . The Purchase Price paid by the Developer shall be offset by the total sum of (i) the $450,000 payment being made under Section 5(C) of the February 16, 2021 Development Agreement (Ordinance No. 375) (“Development Agreement”) toward the funding of a fire apparatus (see also, Ordinance No. 37, Section 4(C)), and (ii) the total Fire Protection Facilities Fee ($0.038 per square foot) Developer is required to pay for the Project, which is approximately $85,500.
4.0 Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the parties hereby agree that Developer will be reimbursed an amount equal to the “fair share” amounts the City receives from other Benefitting Developments, in the amount and manner set forth in detail in Section
5.0 of this Agreement. In no event, shall Developer’s fair share contribution be less than four hundred and fifty thousand dollars ($450,000) (“Minimum Contribution”).
5.0 Payment of Reimbursement. Any reimbursement of a portion of the Purchase Price paid by the Developer is governed by the provisions of this Section
5.0 as follows:
a. The City has no obligation to reimburse Developer unless and until (i) Developer has made the Purchase Price payment to the City; and (ii) the City has received “fair share” payment(s) from subsequent developers with Benefitting Developments approved or annexed into in the City. By way of example, based on the assumption that there are only two projects sharing the cost of the Fire Apparatus and a condition was imposed to require the second project to contribute its fair share of the Fire Apparatus as required by this Agreement, Developer would receive a reimbursement equal to the amount determined by the City to be the second project’s “fair share.” b. If additional Benefitting Developments are approved, both Developer and developer of the second project as illustrated in the example above,
4 shall be reimbursed accordingly. This same process will continue as new Benefitting Developments are approved in the City, subject to Developer’s Minimum Contribution. If reimbursements made to Developer result in Developer receiving the Purchase Price minus Developer’s Minimum Contribution, this Agreement shall automatically terminate.
c. The City shall have no obligation to reimburse Developer nor shall City reimburse Developer from any source of funds, other than funds the City has received from other Benefitting Developers as their fair share payments for the Fire Apparatus.
d. If a reimbursement is warranted, the City shall reimburse Developer within 30 business days of receipt of payment by the subsequent developer(s).
e. Unless earlier terminated, the term of this Agreement shall be 20 years from the Effective Date (“Term”), at which time the Agreement shall expire and the City will no longer have any reimbursement obligations to the Developer. f. The Developer shall not be entitled to any interest or other cost adjustments for any delay between the times when payment of the Reimbursement is made to the Developer by the City.
6.0. Termination. This Agreement may only be terminated by either party for breach hereof, provided that the party electing to terminate this Agreement gives written notice of such breach and termination to the other party and a reasonable opportunity to cure such breach consistent with Section 12.0 below.
7.0 Indemnification. Developer agrees to indemnify, defend and hold harmless the City from and against any and all claims, actions and/or suits for injuries (including death) and/or damages of any kind arising or resulting from, or caused by, the Developer or its directors, officers, employees, agents, assignees, successors, consultants or contractors in connection with the approval of this Agreement, except arising from the City’s sole negligence.
8.0. Notices. All notices required for under this Agreement shall be in writing and delivered in person and deposited in the United States mail, postage prepaid and addressed as follows:
To the City: City Manager
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Telephone: (909) 795-9801
With a copy to: Quinn Barrow, City Attorney
5 Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071-3101
Telephone: (213) 626-8484
To the Developer: Brooke Birtcher Gustafson
QR Birtcher Oak Valley Owner, LLC
450 Newport Center Drive, Suite 220
Newport Beach, CA 92660
Telephone: (949) 629-7939
With a copy to: Scott Mulkay
Birtcher Development, LLC
450 Newport Center Drive, Suite 220
Newport Beach, CA 92660
Telephone: (949) 440-1052
With a copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attn: Alan Fenstermacher
Telephone: (714) 641-3452
9.0 Entire Agreement. This Agreement contains the entire agreement between the City and the Developer with respect to the purchase of the Fire Apparatus and supersedes all prior understandings, if any, with respect thereto.
This Agreement may not be modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by written instrument signed by each party or by its agent duly authorized in writing or as otherwise expressly permitted herein. The City and the Developer do not intend to confer any benefit hereunder on any person, firm, corporation or entity, other than the City and the Developer and their successors and assigns.
10.0 Counterparts. This Agreement and any amendment or modification hereto may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
11.0 Governing Law and Venue. This Agreement shall be governed by, interpreted under, construed and enforced in accordance with, the laws of the State of California. This Agreement is made and entered into in the County of Riverside, State of California, and any legal actions or proceedings arising from or related to this Agreement shall be brought in the County of Riverside, State of California.
6 12.0 Default.
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default, within ten (10) calendar days after receipt of written notice specifying such default, and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default.
Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without first delivering the written default notice as specified herein and the cure time periods have fully expired. c. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. The exercise by a party of one or more rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
d. In the event that a default of any party to this Agreement remains uncured, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek only the remedies specified in Section 13.0 by initiating legal proceedings.
13.0 Cumulative Remedies. In the event of a breach or default of this Agreement, the non-breaching party shall be entitled to all remedies available pursuant to the terms of this Agreement, at law and in equity, including, but not limited to, specific performance of this Agreement, and all such remedies are cumulative in nature and may be asserted by such party in the alternative and the assertion of a remedy by a party shall not be deemed an exclusive election of remedies or waiver of any other rights conferred on that party by the terms of this Agreement. Notwithstanding the preceding provisions of this Section or any other provision of this Agreement, Developer shall not be entitled to seek or obtain monetary damages for the City’s breach of this Agreement.
14.0 Attorney’s Fees. If an action (including a reference) is commenced to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover from the other party, reasonable attorneys’ fees and expenses incurred in the action as the court may award, including, expert witness fees, photocopying and telephone charges, deposition costs, travel expenses and
7 investigation expenses. In addition, the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in any post-judgment proceeding to enforce a judgment. This provision shall survive the merger of this Agreement into any judgment based on this Agreement.
15.0 Further Assurances. Each party shall execute and deliver to the other party all such other further instruments and documents that may be reasonably necessary to carrying out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. Each party shall further cooperate with the other in connection with any obligation required to be performed under this Agreement.
16.0 Successors and Assigns. The Parties intend this Agreement and each of its terms to run with the land, and the Agreement shall be binding upon City and Developer and their respective officers, elected and appointed officials, members, employees, agents, representatives, consultants, and all successors and assigns.
17.0 Assignment. The City agrees that the Developer may assign this Agreement to (i) an affiliate, (ii) to any entity acquiring title to the Property or (iii) or to any other entity upon the written consent of City, which will not be unreasonably withheld, conditioned or delayed.
18.0. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, City and Developer agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision.
The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.
19.0 City’s Police Powers. Nothing herein shall be construed to prevent or impair the City’s exercise of its governmental or police powers on any matter described herein, including the imposition of conditions of approval on future Benefitting Developments and the requirements of fair share contributions for the Fire Apparatus as provided above in the recitals and Section 4.
IN WITNESS THEREOF, this Agreement has been executed by the parties on the day and year first above written:
QR Birtcher Oak Valley Owner LLC,
a Delaware limited liability company
8 By: _________________________
Name:Brandon Birtcher
Its: Authorized Agent
City of Calimesa
____________________________
WILLIAM DAVIS, MAYOR
ATTEST:
____________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM AND CONTENT:
_____________________________
QUINN BARROW, CITY ATTORNEY
Exhibit “A”
Developer Property
10 Exhibit “B”
The standard to be utilized for the acquisition of the Fire Apparatus will be based on the basic characteristics as may be found and described in NFPA 1901 • Ariel Device (up to 100’ +/- straight ladder)
• Fire Pump (1500 GPM min)
• Water Storage (500 gal)
• Equipment Storage (commensurate w/ GVWR/Design)
• Hose Storage (water supply – LDH/Attack Lines)
• Ground Ladders
• Fire / Life Safety Equipment
These minimum specifications shall be used to initiate the acquisition and procurement of the described equipment.