option to renew for additional two consecutive years. The RFP for this contract was advertised on July 13 and 20, 2019.
Since GK & Associates already started some of the projects listed above and the work necessary are within the scope of work for the existing agreement , staff recommends increasing GK & Associates contract by $17,000. This will enable City staff completing the PS&E and construction phases of the above listed projects. GK & Associates will also assist in the storm water program inspection.
Last fiscal year, GK & Associates staff assisted in delivering the FY2021 -22 Citywide Paving Project, FY 2021-22 Citywide Slurry Seal, Park Concession Stand Project, Rancho/N St.
Intersection Improvement Project, Sewer Lining Project and various alley and sidewalk projects.
FISCAL IMPACTS
The costs of professional engineering services are included in the programmed Capital Improvement Projects. Below is the list of accounts that will be used for GK & Associates contract:
No. Project Account Number Amount
A. Pavement Rehabilitation
1 La Cadena Sidewalk Project 218-2222-6150-3890 $ 5,000.00 2 CFD 88-1 Slurry Seal Project 450-2233-6985-3890 $ 7,000.00 3 FY 21/22 Slurry Seal Project 218-2237-6150-3890 $ 5,000.00 Total = $17,000.00
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Second Amendment to Professional Services Agreement 7 Packet Pg. 486
1 SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
GK & ASSOCIATES
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement ( “First Amendment”) is made and entered into this 17th day of May, 2022 by and between the City of Colton (“City”) and GK & Associates, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for various public works and utilities projects Fiscal Year 2021-2022 (“Project”) as set forth in this Agreement.
2.3 Amendment. City and Consultant desire to amend the Agreement for the second time to increase the total amount of compensation for various public works and utilities projects in an amount not to exceed $261,809.
3. FEES AND PAYMENTS.
3.3 Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
"3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Sixty One Thousand Eight Hundred Nine and No Cents ($261,809) without written approval of the City of Colton.
Extra Work may be authorized, as described below, and if authorized,
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Attachment: Exhibit A - Second Amendment to Professional Services Agreement (3612 : Contract Amendment - GK & Associates) 2 will be compensated at the rates and manner set forth in this Agreement.”
3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.4 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Attachment: Exhibit A - Second Amendment to Professional Services Agreement (3612 : Contract Amendment - GK & Associates) 3 CITY OF COLTON
By: ___________________________ Attest: ___________________________ City Manager City Clerk
Recommended for Approval:
___________________________
Executive Director
Colton Utility Authority
GK & ASSOCIATES
A CORPORATION
By: ___________________________ By: ___________________________ Signature Signature
___________________________ ___________________________ Name (Print) Name (Print)
______________________ _________________________
Title (Print) Title (Print)
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Attachment: Exhibit A - Second Amendment to Professional Services Agreement (3612 : Contract Amendment - GK & Associates)
ITEM NO. 8
STAFF REPORT
DATE: MAY 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO ALL SEASONS INSULATION FOR THE CORPORATE YARD ROOFING REPLACEMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Award a contract for the Corporate Yard Roofing Replacement Project to All Seasons Insulation, as the lowest responsive and responsible bidder for $133,644.
BACKGROUND
The Corporate Yard roof showed wear and tear characteristics of being approximately over 30 years old; the roof has missing areas. Generally, roofs are designed to last approximately 20 to 30 years. During th e rainy seasons, the Corporate Yard roof leaked in several locations; this created a safety concern for employees, residents and customers. The new proposed roofing includes 2-inch foam, which will provide insulation.
ISSUES/ANALYSIS
In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterpris e on March 11, 2022 and March 18 , 2022. A Mandatory Pre -Bid Meeting and Job Walk was held on Mar ch 29, 2022. At the April 14, 2022 bid opening, t wo (2) bids were received from known roofing contractors in Southern California as follows:
1. All Season Insulation $ 133,644.00
2. Wiltshire Urethane Foam Co. $ 136,295.00
8 Packet Pg. 490
Staff Report to the Mayor and City Council
Contract Award - All Seasons Insulation
May 17, 2022
Staff reviewed and evaluated all bids. Staff recommends awarding t he contract to the lowest responsive and responsible bidder, All Season Insulation, in the amount of $133,644 for the Corporate Yard Roofing Replacement Project.
FISCAL IMPACTS
Sufficient appropriations for the Corporate Yard Roofing Replacement Project are available in the adopted FY2021-22 budget in Building Maintenance Fund Building Capital Outlay Account No. 605-6150-6211-4950-0000-000.
ALTERNATIVES
1. Provide direction to staff.
ATTACHMENT
1. Exhibit A -Contract
2. Exhibit B - Project Area
8 Packet Pg. 491
CONTRACT
THIS CONTRACT is made this 18th day of May 2022, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and All Season Insulation, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
CORPORATE YARD ROOFING REPLACEMENT
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within SIXTY (90) calendar days from the commencement date st ated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Thirty Three Thousand Six Hundred Forty -Four Dollars ($133,644.00 ). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $250.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
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Attachment: Exhibit A -Contract (3613 : Contract Award - All Seasons Insulation) Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in th ese Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, includin g, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis - Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written.
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Attachment: Exhibit A -Contract (3613 : Contract Award - All Seasons Insulation)
CITY OF COLTON
By:
______________________________
Signature
______________________________
Name
______________________________
Title
Attest:
______________________________
City Clerk
Recommended By:
______________________________
Signature
______________________________
Name
______________________________
Title
All Seasons Insulation
By:
______________________________
Signature
______________________________
Name
______________________________
Title
______________________________
License Number
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Attachment: Exhibit B - Project Area (3613 : Contract Award - All Seasons Insulation)
ITEM NO. 9
STAFF REPORT
DATE: MAY 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE AND ADOPT A FIRST AMENDMENT TO THE
AGREEMENT FOR ENVIRONMENTAL SERVICES WITH FIRST
CARBON SOLUTIONS, INC. FOR THE AGUA MANSA LOGISTICS
CENTER PROJECT, RESOLUTION NO. R-48-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. It is recommended that the City Council authorize the City Manager to execute the attached First Amendment to Professional Services Agreement (PSA) with First Carbon Solutions, Inc. in the amount of $111,000 to provide additional environmental services on behalf of the Agua Mansa Logistics Center project for DAP -001-668, as per the terms of the PSA, including exhibits attached thereto.
2. Authorize the City Manager to approve Amendment to the Reimbursement Agreement with IDI Logistics, LLC to fund additional environmental consulting service, as needed, for processing entitlements for the Agua Mansa Logistics Center (DAP-001-668).
3. Adopt Resolution No. R-48-22, amending the FY2021-22 budget to increase Revenue Account No. 100-6799-000 and increase appropriations in Expenditure Account No. 100- 6300-6301-2357 by $127,650.00 for the purposes of funding environmental consulting services first amendment with First Carbon Solutions, Inc. and associated Administrative Charges for the Agua Mansa Logistics Center Project (DAP-001-668).
BACKGROUND
On November 17, 2020, the City e ntered into a contract with First Carbon Solutions, Inc. (dba “FCS”) to prepare environmental documentation and associated technical studies for the Agua 9 Packet Pg. 516
Staff Report to the Mayor and City Council
Contract Amendment - First Carbon Solutions
May 17, 2022
Mansa Logistics Center Project (DAP-001-668) including a Reimbursement Agreement with the applicant to pay for the full cost of environmental analysis ($285,955, plus 15% Planning Administrative Fee of $42,893.25).
Since the initial approval of the FCS professional service agreement contract, FCS ’s first request was to extend the contract to November 17, 2022, as allowed by the contract , to complete additional work in reaching out to outside agencies , including the City of Rialto and CalTrans.
In addition, on February 3, 2022, staff approved a request for “extra work” which was 3.38% or $9,670.00 of the budget, within the 5% maximum permitted by the approved contract agreement to be approved by the City Manager, and therefore, did not require a contract amendment. The new budget of the project , with the 3.38% increase , was approved for 285,955 + 9,670 = $295,625.
ISSUES/ANALYSIS
Due to the most recent modification to the floor plan and building height , the environmental services scope of services needs to be updated to address further analysis of the environmental impacts, such as updates to the proje ct description, graphics, and certain technical analyses. The traffic sub-consultant will revise the Vehicle Miles Traveled (VMT) Analysis; Level of Service (LOS) Based Traffic Study; Air Quality, Greenhouse Gas (GHG) Emissions Analysis; and prepare the Concept Plans at 3 locations and the Safety Evaluation as requested by Caltrans. FCS will also update the Noise Study, Biological Resources Assessment, and Cultural Resources Assessment. The specific tasks are outlined in Exhibit A -1 to the First Amendment to the contract (Attachment 2 to this report) – Revised Technical Studies for Agua Mansa Logistics Center Project.
The cost of the additional analysis and meeting attendance is $111,000, plus a Planning Administrative Fee of 15% or $16,650. The applicant has agreed to deposit additional funds for this contract amendment, which will be deposited into the assigned deposit account prior to amending the professional services agreement. The new total amount budgeted for this project will be $406,625 (295,625 + 111,000).
The Reimbursement Agreement for this amendment is updated to reflect budget changes and reimbursements necessary to move forward with the project (Attachment 3). The original budget amounts for the project are collected and the project current balance reflects sufficient funding to cover costs for the project as pointed out within this staff report.
The additional proposed environmental analysis will ensure that the project environmental impacts are fully analyzed, including recently updated project features. If authorized to proceed with the additional analysis, we anticipate that the environmental services authorized by the original contract and the First Amendment to be completed by, if not before, December 2022.
9 Packet Pg. 517
Staff Report to the Mayor and City Council
Contract Amendment - First Carbon Solutions
May 17, 2022
Along with this request, it is necessary to amend the FY 2021 -22 budget to account for the revenue and expenditures for this contract. The attached Resolution requests to increase revenues in General Fund account number 100 -6799-000 by $127,650 to account for the receipt of funds from the applicant and increase appropriations in the General Fund Planning Professional Services Account as described in the Fiscal Impacts section of this staff report.
FISCAL IMPACTS
Approval of Resolution No. R -48-22 is necessary to amend the FY 2 021-22 budget to account for the revenue and expenditures for this contract to:
Increase appropriations in General Fund Planning Division Professional Services Account Number 100-6300-6301-2357-0000-000 by $127,650; and, Increase revenues in General Fund Developer Reimbursement Account Number 100 - 6799-000 by $127,650.
The cost of the contract ed services will be paid by the applicant through a deposit agreement .
City staff ensure that funds are on deposit with the City prior to entering into the contract amendment for professional services. The cumulative amount of the amended contract , not including the administrative fees, is $406,625.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1. Resolution No. R-48-22_First Amendment_FCS_Agua Mansa Logistics Center
2. Attachment 2_PSA First Amendment_FCS_IDI Logistics_1400-1500 Agua Mansa Road
3. Attachment 3_REIMBURSEMENT AGREEMENT_First Amendment_DAP-001-668 9 Packet Pg. 518
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28 RESOLUTION NO. R-48-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FY2021-22 BUDGET TO FUND THE ENVIRONMENTAL SERVICES FOR THE 1400-1500 W. AGUA MANSA ROAD – AGUA MANSA LOGISTICS CENTER
PROJECT COST-RECOVERY PLANNING APPLICATIONS
WHEREAS, MIG, Inc. , on behalf of IDI Logistics, has submitted applications for a Architectural and Site Plan Review to allow construction of two industrial buildings . Originally the proposed project was designed for a total building area of 457,743 square feet with 69,440 square feet in mezzanines, providing a 388,303 square feet ground floor footprint. The revised design increased the total building area to 474,021 square feet and the mezzanines increased to 77,564 square feet, for a footprint area of 396,457 square feet. This results in a total footprint delta of 8,154 square feet and a total building area delta of 16,278 square feet. Half of the increase (8,124 square feet) is in automated mezzanine; the remaining area is the refri geration room area, as well as an increased loading dock footprint. Furthermore, it should be noted that the height of Building 1 has increased to 130 feet from 90 feet. The footprint of the 130’ tall freezer storage area will decrease by 14,065 square fee t. The single‐ story low roof refrigeration/electrical room will increase the total building footprint by 6,813 square feet. The single‐story automated refrigerated loading dock with mezzanine will also increase the footprint by 12,560 square feet. The sin gle‐story refrigerated support area and office area with mezzanines will increase the footprint by 2,846 square feet. As previously mentioned, the total delta in building footprint area is 8,154 square feet. The project site is located on 11 to be subdivided into two lots totaling 59 acres in area on property zoned M -2 (Heavy Industrial) also located within the Agua Mansa Historic District (DAP-001-668); and
WHEREAS, On February 3, 2022, Extra Work for the project was approved administratively for an amount of $9,670.00 for FCS to reach out and meet with outside agencies.
WHEREAS, the applicants have agreed to fund in original contract with First Carbon Solutions, Inc. for environmental services, with 15% administrative charge, for $328,848.25 pursuant to a Reimbursement Agreement between the applicants and the City; and
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28 WHEREAS, the applicant has also agreed to fund first amendment to contract with First Carbon Solutions, Inc. for environmental services, with 15% administrative charge, for $127,650.00 pursuant to a Reimbursement Agreement between the applicants and the City as part of most recent changes to the project; and
WHEREAS, the cumulative amount of the amended contract budget not including planning administrative fee is $406,625 (9,760+285,955 +111,000).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby find, determine and declare as follows:
SECTION 1. The Fiscal Year 2021-22 adopted budget is hereby amended to:
Increase appropriations in General Fund Planning Division Professional Services Account Number 100-6300-6301-2357-0000-000 by $127,650; and,
Increase revenues in General Fund Developer Reimbursement Account Number 100 -6799-000 by $127,650.
PASSED, APPROVED, AND ADOPTED this 17th day of May, 2022.
____________________________________
FRANK NAVARRO
Mayor
ATTEST:
______________________________
CAROLINA R. PADILLA
City Clerk
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Attachment: Attachment 1. Resolution No. R-48-22_First Amendment_FCS_Agua Mansa Logistics Center [Revision 2] (3620 : Contract (BB&K: 10-19)
23152.06000\32391457.2
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND FIRST CARBON SOLUTIONS, INC. (FCS)
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement ( “First Amendment”) is made and entered into this _____day of May, 2022 by and between the City of Colton (“City”) and First Carbon Solutions, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated November 17 , 2020 (“Agreement”), whereby Consultant agreed to provide environmental consulting services on behalf of the IDI Logistics, a Limited Liability Corporation with its principal place of business at 840 Apollo Street, Suite 343, El Segundo, CA 90245 (Applicant).
2.2 Amendment. City and Consultant desire to amend the Agreement for the first time to revise the scope of services and increase compensation requiring City Council approval.
2.3 Amendment Authority. This First Amendment is authorized pursuant to Section
3.6.13 of the Agreement.
3. TERMS.
3.1 General Scope of Services . Section 3.1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
“Exhibit A is hereby amended by the addition of Exhibit A - 1, attached hereto and incorporated herein by reference"
Section 3.1.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
“The term of this Agreement shall be from May 17, 2022 to December 31 , 2022, unless earlier terminated as provided he rein.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parti es may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.”
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Attachment: Attachment 2_PSA First Amendment_FCS_IDI Logistics_1400-1500 Agua Mansa Road [Revision 2] (3620 : Contract Amendment - 2 (BB&K: 10-19)
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3.2 Compensation. Section 3. 3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
“Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One- Hundred Twenty Seven Thousand, Six Hundred and Fifty Dollars and no cents ($1 11,000.00 + $285,955.00 = $396,955) without written approval of City Manager. The City Manager may authorize up to 5% in compensation without returning to City Council for authorization. Extra Work m ay be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.4 Adequate Consideration. The Parties he reto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
3.5 Severability. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND FIRST CARBON SOLUTIONS, INC.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Professional Services Agreement as of the day and year first above written.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Carolina R. Padilla
City Clerk
First Carbon Solutions, Inc.
A CORPORATION
By: _________________________
Robert Francisco,
President
C. Patrick Schultz,
COO
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EXHIBIT "A-1” – FIRST AMENDMENT
AMENDED SCOPE OF SERVICES
SCOPE OF WORK
Task 1: Revise Technical Studies
As a subconsultant to FCS, Urban Crossroads, Inc. (Urban Crossroads) will revise the Vehicle Miles Traveled (VMT) Analysis; Level of Service (LOS) Based Traffic Study; Air Quality, Greenhouse Gas (GHG) Emissions Analysis; and prepare the Concept Plans at 3 locations and the Safety Evaluation as requested by Caltrans. FCS will revise the Noise Study, Biological Resources Assessment, and Cultural Resources Assessment. The following tasks will be required:
(a) VMT-1: VMT Analysis
VMT‐1.1 Using the updated Project information, make adjustments to socio‐economic data (SED) to the Project Traffic Analysis Zone (TAZ) to represent the updated project site to reflect the Project’s specific land use in the SBTAM.
VMT‐1.2 Run base year SBTAM model inclusive of SED changes.
VMT‐1.3 Run horizon year SBTAM model inclusive of SED changes.
VMT‐1.4 Calculate the Project generated VMT per employee based on the base year and cumulative year model runs.
VMT‐1.5 Compare the Project VMT per employee with the baseline average VMT per employee for the City of Colton and apply specific thresholds.
VMT‐1.6 Summarize the results of the VMT analysis in a letter report.
VMT 1.7 Revise the draft report based on comments provided by the Lead agency for up to 1 review cycle.
(b) VMT-2: VMT Mitigation (Optional Task)
VMT‐2.1 If the Project results in potential impacts, Urban Crossroads will coordinate with the Client to determine potential VMT reduction measures required to reduce VMT to the extent feasible.
VMT‐2.2 Calculate reductions in VMT based on the mitigation measures agreed to by the Client (c) LOS-2: LOS Based Traffic Study
The following tasks will be updated to revise the Agua Mansa Logistics Center Traffic Analysis (dated August 12, 2021). Where applicable, previous data will be repurposed, such as existing baseline data, cumulative development volumes, and Horizon Year forecasts.
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LOS‐2.1 The 2nd City review comments and the Caltrans comments will also be addressed as part of the following revision to the traffic study. Responses will be prepared for each comment letter.
LOS‐2.2 Consistent with City traffic study guidance, project‐related vehicle trips will be based on the Institute of Transportation Engineers (ITE) Trip Generation Manual 11th Edition (2021) trip generation rates for the proposed uses based on the latest site plan (increased square footage). Project passenger car and truck trip distribution patterns will remain consistent with the current traffic study. Update all Project only traffic ADT and peak hour forecasts.
LOS‐2.3 Revise intersection capacity and level of service (LOS), for up to 17 study area intersections for each of the following traffic conditions, based on the latest HCM methodology (6th Edition):
Opening Year Cumulative With Project
Horizon Year (2040) With Project
LOS‐2.4 Update traffic signal warrant analyses, for unsignalized study area intersections, for each of the traffic scenarios described in Task LOS‐3.3. Review and update improvements necessary to maintain acceptable intersection performance at the study area intersections for each of the future traffic scenarios described in Task LOS‐3.3.
Lastly, evaluate existing transportation impact fee programs in the City.
LOS‐2.5 Revise the queuing analysis at Project access points. The analysis will identify the necessary lengths of turn pockets with storage and appropriate turn pocket transitions which adheres to the General Plan roadway classifications for the site adjacent roadways.
LOS‐2.6 Update the detailed analysis to demonstrate how project truck traffic (e.g., large trucks such as a WB‐67) would enter and exit the Project site based on the latest site plan. Revise the discussion of potential impacts resulting from turning maneuvers by large trucks entering and exiting the site, along with diagrams demonstrating the feasibility of such maneuvers at site access driveways. Also update any applicable exhibits that illustrate ingress and egress truck circulation.
LOS‐2.7 Prepare a revised a traffic report that incorporates the findings and all supporting calculations.
LOS‐2.8 Revise the draft traffic study report based on comments provided by the Lead agency for up to 1 review cycle.
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CP-3: Concept Plans (3 Locations)
CP‐3.1 Compile / Review the existing and proposed roadway plans and proposed street improvements per the Project Traffic Study, for intersections #8 (Rancho Avenue at Agua Mansa Road), #13 (La Cadena Drive at Barton Road and #14 (La Cadena Drive at Iowa Avenue) and street plans as provided by the civil engineer or City of Colton staff.
CP‐3.2 Interface with project team by teleconference, as necessary.
CP‐3.3 Perform a field visit and confirm field conditions for the location of the proposed traffic signal. This will include field reconnaissance at the nearest signalized intersections to assess whether or not traffic signal coordination facilities are located in the vicinity of the subject intersection.
CP‐3.4 Develop three concept plans in AutoCAD at a scale of 1” = 40’ for the intersections over aerial maps. The concept plans will depic t required roadway configurations as required in the Project Traffic Study.
(d) SE-4: Safety Evaluation (Caltrans)
SE‐4.1 Meet with the Client to discuss the Safety Evaluation parameters and requirements.
SE‐4.2 Review all entitlement and construction documents provided by the Client.
SE‐4.3 Prepare the Safety Evaluation per Caltrans requirements. This memo will include, but is not limited to the following:
a) Request and obtain collision data from the California Highway Patrol’s (CHP) Statewide Integrated Traffic Records System (SWITRS) for the site adjacent roadway. Due to the proximity of the project to the State Highway, collision data should also be obtained from Caltrans through their Traffic Accident Surveillance and Analysis System (TASAS). TASAS data request must be made by the Lead Agency. Collision data will be reviewed, and applicable improvements will be recommended to reduce specific collision types.
b) Review of pedestrian and bicycle activity in the Project vicinity. c) Review of potential increase to vehicular speeds.
d) Review the AM and PM peak hour traffic counts roadways adjacent to the Project and peak hour queues from the approved Traffic Impact Analysis. At a minimum, queues will be evaluated for Existing, Existing plus Project, Opening Year
e) Cumulative Without Project, and Opening Year Cumulative With Project.
Determine if based on the 95th percentile queues whether any improvements are needed to address potential queuing issues. e. Evaluate peak hour operations at the site access points for the same aforementioned analysis scenarios. Provide a thorough review of
the site access including potential truck turns into and out of the site. Identify any
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potential access restrictions and whether driveway will serve passenger cars, trucks, or both.
f) Summarize findings in a letter report.
SE‐4.4 Respond to Comments and update the Safety Evaluation as necessary (2 review cycles anticipated).
(e) AQ-5: Air Quality, GHG Emissions, HRA Analysis Update AQ‐5.1 Revise the previously completed air quality and greenhouse gas, and health risk assessment analysis based on the revised site plan.
AQ‐5.2 Re‐run CalEEMod emissions estimates for construction and operational activity based on the revised site plan.
AQ‐5.3 Re‐run air dispersion modeling utilized in the construction and operational health risk assessment calculations based on the revised site plan.
AQ‐5.4 Revise the technical memorandum tables, text, and exhibits. (f) Noise Study
FCS will revise the Noise Study to be consistent with the latest site plan. Construction Noise and Vibration Impact Analysis will be revised to be consistent with the construction activities related to the updated site plan. The quantitative assessment of noise impacts from project‐specific and cumulative vehicular traffic trips will be updated as well. Required model input data include utilizing the updated data from the LOS Base Traffic Study for without‐project and with‐project Average Daily Traffic (ADT) volumes on adjacent roadway segments, day/night percentages of autos, medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway widths. Traffic impacts will be determined based on whether the project would generate a substantial increase in traffic noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance.
Potential noise impacts from project‐related stationary noise sources, such as parking lot activities, truck loading and unloading activity, as well as mechanical system operations, will also be reassessed to determine if the project would generate a substantial increase in ambient noise levels in excess of the City’s operational noise performance standards.
Mitigation measures designed to reduce short‐ and long‐term noise impacts will be reviewed and updated, as necessary. Both an evaluation of the potential mitigation measures and a discussion of their effectiveness will be provided.
FCS will update the existing technical study with this revised analysis and supporting data will be appended to the technical study. The study will comply with the City’s guidance, standards, and thresholds. This proposal assumes responses for up to one round of consolidated comments on the
report; any additional review effort/edits will be billed at standard hourly rate(s). The draft report will be delivered in PFD format.
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(g) Cultural Resources Assessment
FCS will update the project description within the previously prepared Cultural Resources Assessment for the proposed project. The exhibits contained within the Cultural Resources Assessment will also be updated to be consistent with the revised site plan. Because the project site boundaries are not proposed to be altered at this time, this Scope of Work does not include revisions to the analysis.
Section 1.02 Task 2: Update 15183 Consistency Checklist The Administrative Draft 15183 Consistency Checklist was submitted to the City on March 14, 2022. The project description contained within the 15183 Consistency Checklist will need to be revised to be consistent with the updated site plan. Exhibit contained within the 15183 Consistency Checklist will be updated accordingly. Furthermore, the revised analysis and results of the updated technical studies outlined under Task 1 above will need to be incorporated into the respective sections in the 15183 Consistency Checklist. FCS understands that the Applicant is currently preparing renderings to depict the now 130 feet tall building on the project site. FCS will also update the aesthetics analysis to evaluate the potential impacts of the height increase of Building 1 to 130 feet from 95 feet. The renderings will be included as exhibits in the 15183 Consistency Checklist.
Should the revised technical studies and/or renderings result in significant and unavoidable impacts, then a 15183 Consistency Checklist would no longer be the appropriate CEQA document for the proposed project and an Environmental Impact Report (EIR) would need to be prepared under a separate work authorization. This Scope of Work does not include the preparation of an EIR.
Section 1.03 Task 3: Project Management
FCS is firmly committed to developing and maintaining close working relationships with the City. This Scope of Work assumes regular interaction with the City, as necessary, and requires frequent information sharing among Project Team members. This task assumes 20 hours of staff time. Additional project management time will be necessary in order to coordinate with the City on the revisions to the technical studies and 15183 Consistency Checklist. Should project management hours and meeting attendance exceed the anticipated hours, a separate work authorization may be required.
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EXHIBIT "C-1”- FIRST AMENDMENT
ADDITIONAL COMPENSATION
Fees
Task Fee
Task 1: Revise Technical Studies11
VMT Analysis $14,140
VMT Mitigation (Optional Task) $5,340
LOS Based Traffic Study $19,420
Concept Plans (3 Locations) $16,340
Safety Evaluation (Caltrans) $15,680
Air Quality, GHG Emissions, HRA Analysis Update $13,150 Noise Study $6,580
Cultural Resources Assessment $2,395
Task 2: Update 15183 Consistency Checklist $10,475
Task 3: Project Management $7,480
Total Costs including Optional Task $111,000
1 These tasks include attendance by Urban Crossroads at external team or agency coordination meetings and calls, as directed.
The assumptions used in calculating the above fixed fees are the following:
1. This price is based on completion of the work within the proposed schedule. If delays occur, an amendment to the contract may be warranted to accommodate the need for additional project management and other costs, additional iterations of technical work products based on project design changes, etc.
2. Costs have been allocated to tasks based on FCS’s proposed approach. During the work, FCS may, on its sole authority, reallocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount.
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CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
CONDITIONAL USE PERMIT AND ARCHITECTURAL AND
SITE PLAN REVIEW FOR FIRST AMENDMENT TO
AGUA MANSA LOGISTICS CENTER (DAP-001-668)
1. PARTIES AND DATE.
This Reimbursement Agreement ("Agreement") is made this 17 th day of May, 2022, by and between the City of Colton, a California municipal corporation ("City"), and IDI Logistics, a Limited Liability Corporation with its principal place of business at 840 Apollo Street, Suite 343, El Segundo, CA 90245 (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement
2. RECITALS.
2.1. Property. The owner , Riverside Construction Company , of that certain real property loc ated within the City of Colton, County of San Bernardino , California , and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).
2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and incorporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.
2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").
2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.
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3. TERMS.
3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of t he Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.
3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.
The Applicant agrees that, notwithstanding the Applica nt's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversati ons, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.
3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documen ts or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential , and exempt from disclosure under the Public Records Act.
3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has reviewed the scope(s) of work for this project and has estimated the aggregate Costs for all Consultants and City staff to be approximately one hundred and eleven thousand dollars ($285,955), plus an additional administrative fee of 15%, sixteen thousand and six hundred and fifty dollars ($42,893.25). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit full deposit in the amount of $285,955 and separate check in the amount of $ 42,893.25 for Planning Administrative Fee, which amount the City shall separately account for in a Project deposit account ("Deposit Account").
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On February 3, 2022, Extra Work for the project was approved by City staff and Applicant to allow an additional $9,670.00 to reach out and meet with outside agencies.
On May 17, 2022, t he City has reviewed the scope (s) of work for this first amendment and has estimated the aggregate Costs for all Consultants and City staff to be approximately one hundred and eleven thousand dollars ($111,000), plus an additional administrative fee of 15% , sixteen thousand and six hundred and fifty dollars ($16,650). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit full deposit in the amount of $111,000 and separate check in the amount of $ 16,650 for Planning Administrative Fee, which amount the City shall separately account for in a Project deposit account ("Deposit Account").
As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account dro ps below ($15,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Fifteen Thousand Dollars ($15,000) , or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.
City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").
The City shall use reasonable good faith ef forts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account.
For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be t o terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.
The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds re main in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been
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made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alte rnatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.
3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For purposes of this section, Applicant's obligations shall include, but shall not be lim ited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.
3.6 Early Termination.
3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant either: (1) fails to satisfy any obligation of this Agreement; or (2) f ails to reasonably prosecute its application(s) for the Project.
3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s ) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obl igation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.
3.6.3 Notice to Consultants . Within two (2) working days following either the City's decision to ter minate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bi ll the City for any services completed prior to the date of termination.
3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with
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the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.
All modifications to this Agreement must be approved by the City Council.
3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officer s, elected officials, employees, agents, contractors, and permitted successors and assigns.
3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, includi ng actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.
This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, Applicant shall be obligated to re imburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and expert or other costs.
3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies avail able to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.
3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.
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3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they wou ld 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.
3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.
3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.
3.16 Notices. Notices required under this Agreement shall be sent to the following:
City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Mark Tomich, Development Services Director
Applicant: IDI Logistics, LLC
840 Apollo Street, Suite 343
El Segundo, CA 90245
Attn: Charlie McPhee
Senior Vice President and Regional Director
Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or hand delivery , on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.
[SIGNATURES ON NEXT TWO PAGES]
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CITY’S SIGNATURE PAGE FOR
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
TO FUND FIRST AMENDMENT FOR
AGUA MANSA LOGISTICS CENTER (DAP-001-668)
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest:
_________________________
Carolina R. Padilla
City Clerk
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APPLICANT’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
TO FUND FIRST AMENDMENT FOR
AGUA MANSA LOGISTICS CENTER (DAP-001-668)
MICHAEL CLINE
By: _________________________
Signature
_________________________
Name: Michael Cline
_________________________
Title: Senior Project Manager
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
1400 – 1500 Agua Mansa Road
Assessor Parcel Nos.: 0260-072-08, 0260-072-12 to -14, 0275-041-27 to -31 0275-041-07 to -09
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EXHIBIT "B"
PROJECT DESCRIPTION
This augment request is for the additional work required to revise the technical studies and 15183 Consistency Checklist to be consistent with the revised site plan. Originally the proposed project was designed for a total building area of 457,743 square feet with 69,440 square feet in mezzanines, providing a 388,303 square feet ground floor footprint. The revised design increased the total building area to 474,021 square feet and the mezzanines increased to 77,564 square feet, for a footprint area of 396,457 square feet. This results in a total footprint delta of 8,154 square feet and a total building area delta of 16,278 square feet. Half of the increase (8,124 square feet) is in automated mezzanine; the remaining area is the refrigeration room area, as well as an increased loading dock footprint. Furthermore, it should be noted that the height of Building 1 has increased to 130 feet from 90 feet. The footprint of the 130’ tall freezer storage area will decrease by 14,065 square feet. The single‐ story low roof refrigeration/electrical room will increase the total building footprint by 6,813 square feet. The single‐story automated refrigerated loading dock with mezzanine will also increase the footprint by 12,560 square feet.
The single‐story refrigerated support area and office area with mezzanines will increase the footprint by 2,846 square feet. As previously mentioned, the total delta in building footprint area is 8,154 square feet.
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EXHIBIT "C"
PERMITS AND OTHER APPROVALS
- Conditional Use Permit
- Architectural and Site Plan Review
- Variance
- Tentative Parcel Map
- Initial Study - CEQA
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EXHIBIT "D"
CONSULTANTS
BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.
FIRST CARBON SOLUTIONS, INC.
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $111,000, plus administrative fees, without prior approval by each party.
OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).
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Attachment: Attachment 3_REIMBURSEMENT AGREEMENT_First Amendment_DAP-001-668 [Revision 2] (3620 : Contract Amendment - First
ITEM NO. 10
STAFF REPORT
DATE: MAY 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE M STREET LINE REPAIR EMERGENCY UPDATE AND CONTINUANCE OF EMERGENCY.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the continuance of Emergency under Colton Municipal Code Section 3.08.130(A) to make critical repairs to the Colton’s Transmission/Distribution system as soon as possible.
BACKGROUND
On January 12 th, 2022, at approximately 2:10 pm, the Century sub tripped offline due to the likely cause of either SCE 115 kV Transmission line arcing or a tree fire. This closed all circuits connected to the Century Substation, or the entire Southeast wing of the City. The nature of this outage created a major explosion and subsequent fire as well as a power line whiplash in the area of the outage. The result of these events caused major damage to Colt on’s interconnecting 66 kV line and pole infrastructure. The damage to this line span s across Transmission lines and critical distribution lines. Colton’s line crews do not have the capability to make the repairs to these higher voltage lines due to lack o f equipment needed and manpower. This repair work is critical to the safety and grid stability of the Century sub area.
As a result of this situation, Public Works and Utility Services staff is requesting Emergency repair work to be contracted through an internal competitive process (not formal or informal) and to be approved and performed as soon as possible.
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Emergency Update - M Street Line Repair
May 17, 2022
Public Contract Code section 22050(a) authorizes the City to proceed with awarding a public works contract to perform emergency work without giving notice for bids upon adoption by the City Council by a four -fifths vote of a resolution finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency. Pursuant to Section 3.08.130 of the City’s Municipal Code and Public Contract Code section 22050(b), the City Council delegated authority to make an emergency determination and award a contract to perform emergency work to the City Manager.
The City Manager determined this work constituted an emergency that did not permit undergoing the formal competitive bidding process because this repair work is critical to the safety and grid stability of the Century sub area.
In order to mimic a co mpetitive process, staff sent the request to five qualified contractors and two responded. Diversified Utility Services, Inc. was selected as the least cost/best fit provider and final contracting has been completed. Diversified has ordered parts and deliv eries are pending at this time. The contract required a change order of $10,886.06 (bringing the total contract cost to $102,060.06) as a result of wire supply purchase requirements and City Council approved the change on May 3rd, 2022.
Now, pursuant to Colton Municipal Code Section 3.08.130 (A) and Public Contract Code section 22050(b)(3), the City Manager must report to the City Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. In turn, pursuant to Public Contract Code section 22050(c)(2), the City Council must review the emergency action by the City Manager and determine, by a four-fifths vote, there is a need the continue the action.
FISCAL IMPACTS
Sufficient appropriations for the approved total contract of $102,060.06 for the repairs on M- Street are available in the adopted FY2021-22 Budget in Electric Fund Professional Services Account Number 520-8004-2350-0923-000. The goal is to complete all work before summer if materials can arrive within 2-4 weeks after final contracting.
ALTERNATIVES
Provide alternative direction to Staff.
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ITEM NO. 11
STAFF REPORT
DATE: MAY 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE SETTLEMENT AGREEMENT AND RELEASE BY AND
BETWEEN SUNMEADOWS LLC (ROQUET RANCH), COLTON
COALITION FOR THE ENVIRONMENT (CADENA CREEK) AND
CITY OF COLTON.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve a Settlement Agreement and Release by and between the City of Colton, Sunmeadows LLC and the Colton Coalition for the Environment regarding Roquet Ranch Specific Plan improvements and authorize the City Manager to execute the Agreement.
BACKGROUND
The Roquet Ranch Specific Plan was approved by the City Council on May 15, 2018. The approvals included certification of an environmental impact report (EIR), adoption of a mitigation monitoring and reporting program, a zone change and General Plan amendment. The Specific Plan provides the planning and zoning framework for the construction of up to 1,050 homes on a 336.2-acre site located within the La Loma Hills. A Notice of Determination (NOD) was filed with the County subsequent the approvals. The NOD establishes a 30 -day statute of limitations to file challenges to the EIR. Future project -related entitlements will include a Tentative Tract Map, site plan and design review, conditional use permits, grading permits, building permits and other approvals necessary to implement the project approvals.
In June 2018, the Colton Coalition for the Environment (representing the Cadena Creek Mobile Home Park), challenged the adequacy of the EIR in analyzing and mitigating environmental impacts on the Cadena Creek Property. Subsequent to receiving written concerns from Cadena Creek, the applicant (Sun meadows, LLC), the City and Cadena Creek representatives agreed to 11 Packet Pg. 544
Staff Report to the Mayor and City Council
Settlement Agreement and Release - Sunmeadows and Cadena Creek May 17, 2022
discuss and address these concerns without the need for a lawsuit. These discussions were conducted within the framework of a “tolling agreement” to waive the City’s right to claim that litigation should be dismissed due to the expiration of the statute of limitations. The tolling agreement has since been extended 44 times as discussions continued.
ISSUES/ANALYSIS
Four years of discussions among Cadena Creek representatives, the applican t and City staff have resulted in agreement on the following terms, which are included in the atta ched draft Settlement Agreement. Most of the obligations are imposed on the Applicant – Sunmeadows. These include:
1. Section 2(A) - Sewer Line Realignment. Sunmeadows agrees not to construct new Project-related sewer improvements on the Cadena Creek property, and to revise its pending subdivision map application (Map Application) so as to (i) eliminate reference to, and depiction of, any new Project -related sewer improvements on the Cadena Creek property, and (ii) relocate a proposed 12" sewer to be located in the proposed Orange Street extension right -of-way, as depicted on Exhibit B of the Settlement Agreement. Sunmeadows further agrees that no sewage from the Project will flow through the existing sewer improvements within the Cadena Creek property. City agrees that it will not consider the pending Map Application for approval unless it has first been revised in accordance with the Settlement Agreement.
2. Sections 2(B) through 2(D) – Landscaping. Sunmeadows agrees to revise the Map Application so as to incorporate proposed landscaping improvement plans specific to the Project area bordering the Cadena Creek Property, which plans are depicted on Settlement Agreement Exhibits C -1 through C -3 (Landscape Plans).
City agrees that, if it approves the Map Application, it will condition its approval to require that the landscape improvements be constructed prior to the City's issuance of building permits for Specif ic Plan planning areas PA 3, PA 9, PA 10, and PA 13 (i.e., the planning areas in the vicinity of the Cadena Creek property).
The condition of approval must also require Sunmeadows to ensure that landscape irrigation does not drain on to the Cadena Creek pr operty at a flow rate that exceeds existing conditions, and to maintain the landscaping on a long -term basis without cost to the Cadena Creek property owner or residents.
3. Section 2(E) and 2(F) - Project Fencing . Sunmeadows agrees to install fence improvements along the property line separating the Project from the Cadena Creek property, which must be consistent in design and consistent with the Specific Plan's design guidelines. The fence improvements will include two access gates as shown on Settlement Agreement Exhibits F -2 and F -2. City agrees that, if it approves the Map Application, it will condition its approval to 11 Packet Pg. 545
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Settlement Agreement and Release - Sunmeadows and Cadena Creek May 17, 2022
require Sunmeadows to construct the fence/gate improvements prior to the City's issuance of building permits for Specific Plan planning areas PA 3, PA 9, PA 10, and PA 13, and to maintain the fence/gate improvements without cost to the Cadena Creek property owner or residents.
4. Section 2(G) - Easement Realignment. Sunmeadows and Cadena Creek property owners agree to cooperate with resp ect to the minor realignment of an existing access easement burdening the Project site in favor of the Cadena Creek property, and requires Sunmeadows to make certain payments to the Cadena Creek property owners.
5. Section 2(H), 2(I), and 2(L) - Drainage Improvements: Sunmeadows agrees to maintain an existing stormwater drainage swale located on the Project site that drains over the Cadena Creek property to downstream drainage facilities without cost to the Cadena Creek property owners/residents, and will ensure that stormwater conveyed by such drainage swale does not exceed existing flows.
City agrees that, if it approves the Map Application, it will condition its approval to require Sunmeadows (or a Project HOA/neighborhood association) to maintain the drainage swale in the manner it was designed to operate so that drainage does not exceed existing conditions. Sunmeadows agrees to share with Cadena Creek property owner copies of its drainage improvement plans for Specific Plan planning areas PA 3, PA 9, _A 10 and PA 13. Finally, Sunmeadows agrees to construct drainage improve ments in such a manner so as to ensure that the velocity of water moving through the Cadena Creek segment passing through the Cadena Creek property does not exceed predetermined velocit y, as calculated on Settlement Agreement Exhibit H.
6. Section 2(J) – CFDs. The Cadena Creek property shall not be included in any Project-related assessment districts or CFDs without the Cadena Creek property owners prior written consent.
7. Section 2(K ) - Construction Hours . Sunmeadows agrees to limit Project construction activities located within 300 feet of the Cadena Creek property from 8:00 am to 4:00 pm Monday through Friday, and that no construction will occur in such area on weekends or federal h olidays. City agrees to make this limitation a condition of map approval. (Note: these are stricter than City requirements)
8. Section 2(M) - No Opposition. The Cadena Creek parties agree not to oppose any future discretionary or ministerial approvals for the Project, and to waive any claims to invalidate or set aside any Project approvals to the extent such approval is consistent with the Settlement Agreement.
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Settlement Agreement and Release - Sunmeadows and Cadena Creek May 17, 2022
FISCAL IMPACTS
There will be no additional fiscal impacts on the City due to entering into thi s Settlement Agreement. Any future fiscal impacts to the City due to construction and maintenance of public facilities, or public safety services will be offset through the annexation to, or establishment of, Public Safety, Maintenance and Facilities CFDs. Further, required changes to the Project will be the responsibility of Sunmeadows.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 11 Packet Pg. 547
Unknown
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (“Agreement”) is entered into this ___ day of May 2022, by and between SUNMEADOWS LLC , a California limited liability company and its principal, William Lo (collectively, “Sunmeadows”), COLTON COALITION FOR THE ENVIRONMENT, an unincorporated association composed of and supported by individuals and groups devoted to the preservation of the environment including, but not limited to, Lake Cadena Investments, Ltd. (“Lake Cadena ”), a California limited partnership and Mobile Community Management Co. (“MCM”), a California corporation ( collectively, “the Coalition”), LAKE CADENA, and the CITY OF COLTON, a general law ci ty and municipal corporation and the COLTON CITY COUNCIL (collectively “City”). Sunmeadows, the Coalition and its individual members, Lake Cadena, and the City are referred to herein collectively as the “Parties” and individually as “Party.”
RECITALS
WHEREAS, on May 15, 2018, the City conducted a public hearing regarding Sunmeadows’ various applications for the Roquet Ranch Specific Plan project, as more particularly described in Chapter 3 of the Roquet Ranch Specific Plan Environmental Impact Report, SCH No. 2016061056 (“Project”), and adopted (a) Resolution No. R-38-18 adopting environmental findings pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, Certifying the Roquet Ranch Final Environmental Impact Report and Adopting a Mitigation Monitoring and Reporting Program for the Roquet Ranch Specific Plan; (b) Resolution No. R-37-18 to amend the General Plan Land Use Element, Land Use Plan, to allow the development of the Roquet Ranch Specific Plan; (c) Ordinance No.
O-07-18 to Amend Section 18.34.050 (Roquet Ranch Specific Plan) pertaining to land use and development standards of Title 18 of the Colton Municipal Code and adopting the Roquet Ranch Specific Plan (the Roquet Ranch Specific Plan Environmental Impact Report, the Roquet Ranch Specific Plan, Resolution Nos. R-38-18 and R-37-18, and Ordinance No. O-07-18 are collectively defined herein as the “Project Approvals”). The Roquet Ranch Specific Plan is sometimes referred to herein as the “Specific Plan.”
WHEREAS, the Project will be constructed on an approximately 336.2-acre site located within the La Loma Hills within the southwestern portion of the City of Colton in San Bernardino County, California, as generally depicted on Figure I-3 of the Specific Plan (“Project Site”). Sunmeadows has an equitable interest in the Project Site.
WHEREAS, Lake Cadena is the fee owner of the Cadena Creek Mobile Home Park, a mobile home community situated on approximately 46.2-acres of real property located in the City of Colton, California (42.2 acres) and Riverside County, California (4 acres) (“Cadena Creek Property”), and, whereas, MCM manages the ongoing operation of the Cadena Creek Mobile Home Park. The Cadena Creek Property is generally bounded by S. La Cadena Drive to the east, Center Street to the south, and the Project Site to the north and west.
WHEREAS, on May 15, 2018, prior to the close of the public hearing described in the preceding recital, members of the Coalition, individually and/or through legal counsel, timely commented and objected to the Project and Project Approvals including the adequacy of the EIR and other approvals in order to exhaust its administrative remedies and establish its standing to
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2 bring a future lawsuit challenging the Project Approvals under the California Environmental Quality Act, Public Resources Code § 21000 et seq. (“CEQA”); WHEREAS, on May 16, 2018, the City filed a notice of determination relating to the Project with the San Bernardino County Recorder's Office in accordance with Public Resources Code § 21152 (“Notice of Determination”). The Notice of Determination identifies Sunmeadows as the Project applicant. No other Project applicant or proponent is listed or identified in the Notice of Determination;
WHEREAS, implementation of the Project Approvals and development of the Project will require future approval of entitlements and permits from the City and other public agencies, which may include, but are not limited to, the following: subdivision maps; development agreements; site development review; conditional use permits; building permits; design review approvals; grading permits; encroachment permits; demolition permits; permits and approvals necessary to implement mitigation measures, conditions of approval and requirements set forth in the Project Approvals (including off-site improvements). These future entitlements and permits relating to the Project are collectively referred to herein as “Future Project-related Approvals.”
WHEREAS, Sunmeadows has applied to the City for approval of a tentative subdivision map applicable to the Project Site, which application designates the proposed subdivision map as Tentative Tract Map No. 19983 (“Project Map Application”); WHEREAS, the Parties entered into negotiations to resolve issues relating to the Project based upon the publicly available information, plans and documents available as of March 1, 2022 concerning the Project and other plans and documents provided by Sunmeadows to the Coalition during settlement negotiations, including without limitation, the Project Approvals and potential CEQA litigation (the “Dispute”);
WHEREAS, the Parties believe it would be in their respective best interests to settle the Dispute on the terms specified in this Agreement. Therefore, the Parties have entered into this Agreement in settlement on the terms and conditions set forth in this Agreement. The parties acknowledge and agree that this Agreement is solely for the purpose of compromising and each Party acknowledges and agrees that this Agreement does not constitute, and shall not be construed as, an admission by any Party of the truth or validity of any claims made by the Coalition or any claims, allegations, positions, assertions or other matters made by any Party relating to the Dispute.
NOW, THEREFORE, in consideration of the above recitals, the mutual promises and releases set forth below, and for other good and valuable consideration, the receipt and sufficiency of which the Parties hereto acknowledge, the Parties agree as follows:
TERMS OF AGREEMENT
1. Recitals. The foregoing Recitals are incorporated herein by this reference as integral parts of this Agreement.
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3 2. Obligations of the Parties. The Parties hereby agree to the following mutual promises, assignment of rights, and releases of obligations as consideration for settlement of the Dispute.
A. Sewer Line Realignment. In the event that Sunmeadows determines in its sole and absolute discretion to construct the Project, Sunmeadows agrees not to construct new Project-related sewer improvements on the Cadena Creek Property, including the 12- inch and 15-inch gravity feed sewer lines depicted on the Specific Plan’s Conceptual Off- Site Sewer Plan, attached hereto as Exhibit A. Sunmeadows further agrees to revise its pending Project Map Application so as to (i) incorporate the 12-inch gravity sewer alignment generally depicted on the attached Exhibit B, and (ii) eliminate reference to, and depiction of, any new Project-related sewer improvements on the Cadena Creek Property. Sunmeadows further agrees and represents that no sewage from the Project will flow through the existing sewer improvements within the Cadena Creek Property. The City agrees that it shall not consider the pending Project Map Application for approval unless it has first been revised by Sunmeadows in accordance with, and is consistent with, the terms and conditions of this Section 2(A).
B. Revise Map To Incorporate Landscape Plans. Sunmeadows agrees to revise its pending Project Map Application prior to the City’s first public hearing related thereto so as to incorporate the “Cadena Creek Mobile Home Park Landscape Interface” figure attached hereto as Exhibit C-1, the “Mobile Home Park Entry Basin Landscape Interface” figure attached hereto as Exhibits C-2, and the “Landscape Interface Trees At Initial Planting” tree palate attached hereto as Exhibit C-3 (collectively, the “Landscape Plans”). The City agrees that it shall not consider the pending Project Map Application for approval unless it has first been revised by Sunmeadows in accordance with, and is consistent with, the terms and conditions of this Section 2(B). The City agrees that, if approved, the pending Project Map Application shall be made subject to the following condition of final map approval, as modified by the City only to fill in any blanks with the appropriate exhibit number or letter (which exhibits shall correspond to the exhibits described in this Section 2(B) and to the exhibit titled "Drainage Area: Existing Condition" that is described in Section 2(C) of this Agreement):
“Prior to the issuance of building permits for Roquet Ranch Specific Plan planning areas PA 3, PA 9, PA 10 and PA 13, applicant shall construct the private landscape improvements described and depicted on the “Cadena Creek Mobile Home Park Landscape Interface” landscape plan attached hereto as Exhibit __, and as described and depicted on the “Mobile Home Park Entry Basin Landscape Interface” landscape plan attached hereto as Exhibit ___. All trees planted in accordance with such landscape plans shall be selected from the “Landscape Interface Trees at Initial Planting” tree palate attached hereto as Exhibit ___. Applicant shall install appropriate landscape irrigation drainage in the project site areas that are the subject of the Landscape Plans to ensure that water draining off the Project Site does not drain onto adjoining properties at a flow rate that exceeds the predevelopment stormwater drainage flow rate as calculated
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4 on the “Drainage Area: Existing Condition” map attached hereto as Exhibit ___."
C. Landscape Improvements. In the event that Sunmeadows determines in its sole and absolute discretion to construct the Project, Sunmeadows agrees to construct the landscape improvements described in, and in accordance with, the Landscape Plans prior to issuance of building permits within Roquet Ranch Specific Plan planning areas PA 3, PA 9, PA 10 and PA 13, as depicted on the Specific Plan’s Land Use Plan attached hereto as Exhibit D. Sunmeadows represents and warrants that it will install appropriate landscape irrigation drainage in the Project Site areas that are subject to the Landscape Plans to insure that water does not drain onto the Cadena Creek Property at a flow rate that exceeds the predevelopment stormwater drainage flow rate as calculated on the “Drainage Area: Existing Condition” map attached hereto as Exhibit E. Any revisions of, and amendments to, the Landscape Plans shall be provided to the Coalition and Lake Cadena for its review, comment and approval, which approval shall not be unreasonably withheld. The City agrees that it shall not issue building permits within Roquet Ranch Specific Plan planning areas PA 3, PA 9, PA 10 and PA 13 unless and until Sunmeadows has first constructed the landscape improvements described in the Landscape Plans. The Parties agree that no provision of this Agreement shall restrict or otherwise limit Sunmeadows right to commence grading activities, or to construct landscape, fencing, gates, roads, drainage and water quality improvements, or utility improvements, on any portion of the Project Site, or at any time, in a manner consistent with the Project Approvals and applicable law, subject to the limitation on construction hours described in Section 2(K).
D. Ongoing Maintenance of Interface Landscape Areas. The long-term maintenance of the landscape improvements constructed by Sunmeadows in accordance with the Landscape Plans, and all costs related thereto, shall be the sole responsibility of Sunmeadows, provided that Sunmeadows may at any time, and in its absolute and sole discretion, assign any or all of its obligations arising under this Section 2(D) to one or more Project-related homeowners associations, residential neighborhood associations, community facilities districts, or similar entities established in accordance with the Specific Plan. In no event shall Lake Cadena, the Coalition or its members be responsible for any costs associated with the long-term maintenance of the landscape improvements constructed by Sunmeadows in accordance with the Landscape Plans. The City agrees that, if approved, the pending Project Map Application shall be made subject to the following condition of final map approval, as modified by the City only to fill in any blanks with the appropriate exhibit number or letter (which exhibits shall correspond to Exhibits C-1 and C-2 of this Agreement):
“The long-term maintenance of the landscape improvements described and depicted on the “Cadena Creek Mobile Home Park Landscape Interface” landscape plan attached hereto as Exhibit __, and as described and depicted on the “Mobile Home Park Entry Basin Landscape Interface” landscape plan attached hereto as Exhibit ___, shall be the sole responsibility of the applicant, provided that the applicant may assign its obligations under this condition of approval to one or more homeowners
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5 associations, residential neighborhood associations, community facilities districts, or similar entity established in accordance with the Roquet Ranch Specific Plan.”
E. Project Fencing and Secondary Access Gate. In the event that Sunmeadows determines in its sole and absolute discretion to construct the Project, Sunmeadows agrees to construct fence improvements on the Project Site along or immediately adjacent to the property line separating the Project Site from the Cadena Creek Property, which fence improvements shall be consistent with the Specific Plan’s Design Guidelines, Specific Plan Figure IV-26 (Wall and Fence Plan) and Specific Plan Figure IV-27 (Wall and Fence Details). Notwithstanding Specific Plan Figure IV-26 (Wall and Fence Plan), Sunmeadows agrees to construct fence improvements on the project Site along or immediately adjacent to the entirety of the property line separating the Project Site from the Cadena Creek Property and that such fence shall be consistent in design along the entirety of the property line separating the Project Site from the Cadena Creek Property. Fence improvements constructed in accordance with this section shall include Sunmeadow’s installation of two vehicle access gates (one to be located at each of the two access points between the Project Site and the Cadena Creek Property as generally depicted on the attached Exhibit F-1), which gates shall be constructed in accordance with the gate design attached hereto as Exhibit F-2. Fence and gate improvements constructed by Sunmeadows in accordance with this Section 2(E) shall be constructed concurrent with Sunmeadows’ construction of the landscape improvements described in Section 2(C). The City agrees that it shall not issue building permits (excluding required building permits for fence and gate improvements and required grading permits) within Roquet Ranch Specific Plan planning areas PA 3, PA 9, PA 10 and PA 13 unless and until Sunmeadows has constructed the fence and gate improvements pursuant to this provision. In the event Sunmeadows commences grading activities, or construction of landscape, fencing, gates, roads, drainage and water quality improvements, or utility improvements, on any portion of the Project Site prior to the construction of the fence and gate improvements provided herein, Sunmeadows shall install temporary construction fencing reasonably acceptable to Lake Cadena at all points where the Project Site intersects with Cadena Creek Property. The City agrees that, if approved, the pending Project Map Application shall be made subject to the following condition of final map approval, as modified by the City only to fill in any blanks with the appropriate exhibit number or letter (which exhibits shall correspond to Exhibits F-1 and F-2 of this Agreement):
“Fence improvements shall be consistent with the Specific Plan’s Design Guidelines, Specific Plan Figures IV-26 (Wall and Fence Plan) and Specific Plan Figure IV-27 (Wall and Fence Details). Prior to the issuance of building permits (excluding required building permits for fence and gate improvements and required grading permits) within Roquet Ranch Specific Plan planning areas PA 3, PA 9, PA 10 and PA 13, applicant shall construct fence improvements adjacent to the Cadena Creek Mobile Home Park property and shall be consistent in design along the entirety of the property line separating the project site and the Cadena Creek Mobile Home Park property, and shall include two access gates
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6 (one to be located at each of the two access points between the Project Site and the Cadena Creek Property, as generally depicted on the attached Exhibit ___), which gates shall be constructed in accordance with the gate design attached as Exhibit ___.”
F. Ongoing Maintenance of Fence and Gate Improvements. Long-term maintenance of the fence and gate improvements constructed by Sunmeadows in accordance with Section 2(E), and all costs related thereto, shall be the sole responsibility of Sunmeadows, provided that Sunmeadows may at any time, and in its absolute and sole discretion, assign any or all of its obligations arising under this Section 2(F) to one or more Project-related homeowners associations, residential neighborhood associations, community facilities districts, or similar entities established in accordance with the Specific Plan. In no event shall Lake Cadena, the Coalition or its members be responsible for any costs associated with the long-term maintenance of the fence and gate improvements constructed by Sunmeadows in accordance with Section 2(E). The City agrees that, if approved, the pending Project Map Application shall be made subject to the following condition of final map approval, as modified by the City only to fill in any blanks with the appropriate exhibit number or letter (which exhibit shall correspond to Exhibit C-1 of this Agreement):
“The long-term maintenance of the fence and gate improvements constructed within the area of the project site depicted on the “Cadena Creek Mobile Home Park Landscape Interface” landscape plan attached hereto as Exhibit __, shall be the sole responsibility of the applicant, provided that the applicant may assign its obligations under this condition of approval to one or more homeowners associations, residential neighborhood associations, community facilities districts, or similar entity established in accordance with the Roquet Ranch Specific Plan.” G. Access Easement. The Parties acknowledge that an existing access easement benefits the Cadena Creek Property and burdens a portion of the Project Site, as recorded in Book 7407, page 781, of the Official Records of San Bernardino County, California (“Existing Easement”). No later than commencement of construction of planning area PA 9, or such earlier time as Sunmeadows may request, Sunmeadows and Lake Cadena shall cooperate to realign the Existing Easement in a manner that accommodates Sunmeadows’ planned development of PA 9 and provides the Cadena Creek Property the same rights of ingress and egress and uninterrupted use as permitted the Cadena Creek Property under the Existing Easement (“Realigned Easement”), subject to the terms and conditions of this Section 2(G) and its subsections. i. The Parties agree that the Realigned Easement shall (i) be incorporated into and be consistent with the PA 9 internal roadway system, (ii) generally extend from the southern terminus of the Existing Easement to the Pellissier Road alignment depicted on Specific Plan Figure II-3, and (iii) that Sunmeadows represents and warrants that the Realigned Easement shall be improved in compliance with all applicable regulatory standards and shall be of
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7 an adequate width to accommodate emergency and non-emergency vehicle use from the Cadena Creek Property.
ii. Sunmeadows agrees that one of the vehicle access gates required by Section 2(E) shall be constructed at the point where the southern terminus of the Realigned Easement meets the planned fence improvements separating the Cadena Creek Property and Project Site (which fence improvements shall be constructed in accordance with Section 2(E)).
iii. The Realigned Easement shall be reflected in a recordable document mutually acceptable to Sunmeadows and Lake Cadena, and subject to the provisions of Section 2(N), and recorded in the Official Records of San Bernardino County, California. Concurrent with recordation of the Realigned Easement, Lake Cadena will execute and cooperate in the recordation of a quitclaim of the Existing Easement in a form reasonably acceptable to
Sunmeadows.
iv. During the period (“Initial Period”) from recordation of the Realigned Easement until December 31, 2032, the use of the Realigned Easement shall be restricted to emergency ingress and egress uses only (“Usage Restrictions”). Following expiration of the Initial Period, use of the Realigned Easement shall be for ingress and egress purposes without any Usage Restrictions. v. In the event that, prior to the First PA9 Permit Date, any Project Approvals or Future Project Approvals become the subject of any actual or threatened legal action alleging traffic-related claims concerning the Existing Easement or Realigned Easement, Sunmeadows may extend the Usage Restrictions for a period of years not to exceed December 31, 2040 (“Extension Period”), which election shall be made by written notice delivered by Sunmeadows to Lake Cadena prior to the expiration of the Initial Period and in the manner provided by Section 8 (“Extension Notice”).
vi. In consideration of Lake Cadena’s agreements arising under this Section 2(G), Sunmeadows shall pay to Lake Cadena one hundred fifty thousand dollars and zero cents ($150,000.00), half which total amount ($75,000.000) shall be paid upon final execution of this Agreement by the Parties and the remaining half ($75,000.00) shall be paid no later than one (1) year thereafter (“Up-Front Consideration”).
vii. Upon execution of the Realigned Easement and a quitclaim of the Existing Easement in accordance with Section 2(G)(iv),
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8 Sunmeadows shall pay to Lake Cadena three hundred thousand dollars ($300,000.000) (“Initial Period Consideration”). The Parties agree that, from the date this Agreement is executed until such time as the Initial Period Consideration is paid in full, the Initial Period Consideration amount shall be annually increased by a percentage equal to the percentage by which the Consumer Price Index (“CPI”) for March of the current year exceeds the CPI for March of the prior year. The term “CPI” shall mean the United States Department of Labor, Bureau of Labor Statistics, Washington D.C. – Consumer Price Index for the Riverside-San Bernardino-Ontario area or, if such CPI shall be discontinued, then any other comparable index as shall be periodically published by the United States Department of Labor or any other department or division of the United States government.
viii. In the event Sunmeadows elects to deliver an Extension Notice to Lake Cadena pursuant to 2(G)(vi), Sunmeadows shall concurrently pay to Lake Cadena an amount equal to fifty thousand dollars ($50,000.00) (which amount shall be increased annually by a percentage equal to the percentage by which the CPI is annually increased between the date of final execution of this Agreement and the date of payment) multiplied by the total number of years in the Extension Period, payable concurrently with Sunmeadows’ delivery of the Extension Notice.
ix. In the event payment required subsections (vii), (viii), or (ix) of this Section 2(G) are not paid when due, then Lake Cadena shall be entitled to recover from Sunmeadows Lake Cadena’s damages arising out of such nonperformance (plus reasonable attorneys fee) and/or Lake Cadena may elect to immediately terminate any current or future Usage Restrictions.
H. Ongoing Maintenance of Existing Drainage Swale. The Parties acknowledge and agree that stormwater runoff originating on the Project Site drains over the Cadena Creek Property to downstream drainage facilities, a portion of which is directed through a concrete lined, stormwater runoff drainage swale located on the Project Site and on the Cadena Creek Property, as depicted on Exhibits G-1 and G-2 (“Drainage Swale”). Sunmeadows agrees that such Drainage Swale or similar drainage improvements shall be maintained at all times in the manner it was designed to operate so as to ensure that stormwater drainage conveyed by way of such Drainage Swale does not drain onto the Cadena Creek Property at a flow rate that exceeds the historic pre-Project- development stormwater drainage flow rate as calculated on the “Drainage Area: Existing Conditions” figure attached hereto as Exhibit E. Long-term maintenance of that portion of the Drainage Swale located on the Project Site, and all costs related thereto, shall be the sole responsibility of Sunmeadows, provided that Sunmeadows may at any time, and in its sole and absolute discretion, assign any or all of its obligations arising under this Section 2(H) to one or more homeowners associations or similar entity established in
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9 accordance with the Specific Plan. In the event that Lake Cadena reasonably determines that the Drainage Swale is not being maintained by Sunmeadows (or its assigns) in accordance with the terms of this section, Lake Cadena shall submit a written cure notice to Sunmeadows (or its assigns) that reasonably describes the basis for its determination.
Upon receipt of such a cure notice, Sunmeadows (or its assigns) shall have ten days within which to cure the Drainage Swale maintenance deficiencies described in such cure notice (the “Cure Period”). In the event Sunmeadows (or its assigns) fails to cure such maintenance deficiencies within the Cure Period, Lake Cadena or its assigne/designee shall have the right, but not the obligation, to cure such Drainage Swale maintenance deficiencies, provided that, within fourteen days following the expiration of the Cure Period, Lake Cadena first provides Sunmeadows (or its assigns) five-days prior written notice of Lake Cadena’s intent to initiate such cure. Such cure notice and Cure Period shall not apply in the event of an emergency and Lake Cadena may take such actions reasonably necessary to protect the Lake Cadena Property. In the event Lake Cadena initiates any cure or other emergency measures, Sunmeadows (or its assigns) shall reimburse Lake Cadena for any commercially reasonable and verifiable Drainage Swale maintenance costs incurred by Lake Cadena to complete such cure. The City agrees that, if approved, the pending Project Map Application shall be made subject to the following condition of final map approval, as modified by the City only to fill in any blanks with the appropriate exhibit number of letter (which exhibits shall correspond to Exhibits E, H-1, and H-2 of this Agreement):
“The long-term maintenance in of the concrete lined, stormwater runoff drainage swale located on the on the Project Site, as depicted on Exhibits ____ and _____, shall be the sole responsibility of the applicant, provided that the applicant may assign its obligations under this condition of approval to one or more homeowners associations, residential neighborhood associations, community facilities districts, or similar entity established in accordance with the Roquet Ranch Specific Plan.
The applicant or its assigns shall maintain such drainage swale in the manner it was designed to operate so as to ensure that stormwater drainage conveyed by way of such drainage swale does not drain on to the Cadena Creek Mobile Home Park property at a flow rate that exceeds the historic predevelopment stormwater drainage flow rate as calculated in Exhibit __.”
I. Drainage Improvement Notification. Sunmeadows has represented that additional drainage and/or stormwater studies, analysis, plans, construction drawings will be prepared for Roquet Ranch Specific Plan planning areas PA 3, PA 9, PA 10 and PA 13 as the Project proceeds through the development process and prior to construction of the planning area that is the subject of such studies, analysis, plans, or drawings.
Sunmeadows agrees that, prior to, or concurrent with, any submittal to the City of such drainage and/or stormwater studies, analysis, plans, construction drawings or upon completion of any such drainage and/or stormwater studies, analysis, plans, construction drawings (to the extent such are not submitted to the City), including but not limited to any such documents related to the drainage improvements described in Section 2(L) of this Agreement, Sunmeadows will deliver to the Coalition and Lake Cadena paper or electronic copies of such documents.
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10 J. No Inclusion in Assessment or Community Facility Districts. To the extent Sunmeadows or the City imposes any assessment or community facility districts on the Project Site, the Cadena Creek Property shall not be included in any such assessment, community facility or other tax district without the prior written consent of Lake Cadena as determined by Lake Cadena in its sole and absolute discretion.
K. Limitation on Construction Hours. Sunmeadows agrees to limit Project construction activities located within 300-feet of the Cadena Creek Property so as to occur no earlier than 8:00 a.m. and no later than 4:00 p.m. Monday through Friday only, and further agrees that no Project construction activities shall occur within 300-feet of the Cadena Creek Property on Saturday, Sunday or on federal holidays. The City agrees that, if approved, the pending Project Map Application shall be made subject to the following condition of final map approval:
“All project construction activities located within 300-feet of the Cadena Creek Mobile Home Park shall occur no earlier than 8:00 a.m. and no later than 4:00 p.m. Monday through Friday only, and no project construction activities shall occur within 300-feet of the Cadena Creek Mobile Home Park on Saturday, Sunday or on federal holidays.”
L. Cadena Creek Drainage Improvements. On April 5, 2021, the Federal Emergency Management Agency issued a Conditional Letter of Map Revision (CLOMR) concerning certain Project drainage improvements to a portion of Cadena Creek, a drainage that runs through the Cadena Creek Property (Cadena Creek is also referred to as the Highgrove Channel on certain FEMA maps). The drainage improvements described in the CLOMR include (i) an approximately 1,100 foot long, double 7'x8' box culvert that will be located approximately 300 feet upstream of La Cadena Drive and will outlet to the Cadena Creek/Highgrove Channel just upstream of the Cadena Creek Property, and (ii) the replacement of existing culverts with a Triple 10'x7' RCB culvert where the Cadena Creek/Highgrove Channel intersects Orange Street downstream of the Cadena Creek Property. Sunmeadows agrees that it will construct the drainage improvements described in the CLOMR in such a manner so as to ensure that the velocity of water moving through the segment of the Cadena Creek/Highgrove Channel that passes through the Cadena Creek Property does not exceed the water velocity as calculated in Exhibit H, and further agrees that if, after construction of the drainage improvements described in the CLOMR, such improvements cause such post- construction water velocity to exceed the water velocity as calculated in Exhibit H, then Sunmeadows shall be responsible for addressing and mitigating any adverse condition that may occur as a result of such increased velocity.
M. No Opposition to Consistent Future Approvals. The Coalition and each of its members (i.e., Colton Coalition for the Environment, Lake Cadena and MCM) collectively and individually agree not to oppose (to the extent consistent with the Project Approvals and this Agreement) the pending Project Map Application Map Application and any other further discretionary or ministerial approvals for the Project.
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11 N. Further Cooperation. The Parties shall cooperate and promptly execute any and all documents and perform any and all acts necessary to effectuate the provisions of this Agreement. The Parties to this Agreement agree to execute any further documentation, including any easements or quitclaim deeds, that may be reasonably required to effectuate the purpose of this Agreement, provided, however, that the obligations of Lake Cadena, the Coalition and its members that may arise under such further documentation may be subject to the consent of any then lender to the Cadena Creek Property, California Department of Housing and Community Development or other governmental entities with regulatory authority over mobile home parks. If any dispute related to the terms of this Agreement arise between the Parties, they will first meet and discuss the dispute in good faith in an attempt to resolve it. In the event the Parties are unable to resolve the dispute informally, prior to pursuing court action, they will participate in mediation with the cost borne equally by each Party.
O. The Coalition’s Limited Waiver and Release.
i. The Coalition, inclusive of Colton Coalition for the Environment, Lake Cadena and MCM, and their respective affiliates, officers, directors, owners, managers, members, board members,
employees, agents, attorneys, representatives and legal successors, heirs and assigns, and each of them, voluntarily and knowingly waive, release and discharge forever Sunmeadows, its affiliates and its and their respective officers, directors, partners, owners, managers, members, employees, agents, attorneys, representatives and legal successors and assigns, and each of their collective affiliates (collectively, “Developer Parties”), and the City ( the Developer Parties and the City are collectively referred to herein as the “Released Parties”) from any and all rights, claims, demands, injuries, actions, causes of action, either at law or in equity or of any kind, nature or description that seek to, or would have the effect or potential effect of, invalidating, setting aside, rescinding, limiting or otherwise modifying in any way any of the Project Approvals, or, and limited to the extent consistent with the Project Approvals and this Agreement, the pending Project Map
Application and any other further discretionary or ministerial approvals for the Project.
ii. The Coalition represents and warrants to Developers Parties that the Coalition (a) has all necessary power and authority to make such release, including any necessary consent or approval from any person (including, for the avoidance of doubt, each of the Coalition, Lake Cadena, and MCM), and (b) has not heretofore transferred or attempted to transfer all or any part of any such thing released in any manner whatsoever, including by way of
subrogation or operation of law. The Coalition further represents and warrants to Developers Parties that the release and waiver by the Coalition under this Agreement is executed voluntarily and
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12 without duress or undue influence on the part of any other person or entity whatsoever.
iii. Waiver of Civil Code Section 1542: The foregoing releases are intended to extend to all such claims relating to the Project Approvals and, to the extent consistent with the Project Approvals and this Agreement, the pending Project Map Application and any other further discretionary or ministerial approvals for the Project, known or unknown, suspected or unsuspected, and the Coalition expressly waives and relinquishes any rights and benefits that it has or may have under Section 1542 of the Civil Code of the State of California, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.”
The Coalition Initials: _____
iv. The Coalition acknowledges that it has specifically reviewed with its attorneys the meaning and effect of the release and waiver set forth in subparagraphs (i) and (ii) and the language from Civil Code Section 1542 quoted in subparagraph (iv), and its attorneys have fully explained the impact of these provisions, and the Coalition knowingly accepts the risks associated with these provisions.
v. The Coalition represents and warrants that it owns the right to release each and all of the claims released herein, that no other person or entity has or has had any interest in the claims released herein, that it has not transferred, sold, assigned or conveyed, or otherwise disposed of any of the claims released herein. The Coalition shall indemnify, defend, and hold harmless the Developers Parties from and against any claims based upon or arising in connection with any prior assignment or transfer, or any such purported assignment or transfer, of any claims or other matters released or assigned herein.
3. Effective Date. This Agreement shall become effective when executed by all Parties hereto (“Effective Date”).
4. No Admission of Liability. This Agreement resulted from a compromise of a disputed claim, and the payment or other consideration is not to be construed as an admission of
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13 liability or responsibility on the part of any party or parties, each of whom denies liability for any of the claims, demands, or other allegations made in or resulting from the Dispute.
5. Binding Upon Parties and Others and Enforceable. This Agreement shall be binding upon the Parties, and each of their past, present and future associates, companies, stockholders, subsidiaries, members, affiliates, predecessors, parent companies, successors, heirs, spouses, assigns, agents, directors, officials, officers, partners, managers, owners, supervisors, employees, representatives, attorneys, insurance carriers, assignors, and assignees, and shall insure to the benefit of the Parties and their past, present and future past associates, companies, stockholders, subsidiaries, members, affiliates, predecessors, parent companies, successors, heirs, spouses, assigns, agents, directors, officials, officers, partners, managers, owners, supervisors, employees, representatives, attorneys, insurance carriers. Parties acknowledge, understand and agree that this Agreement shall be binding and enforceable.
6. Authority. The Parties warrant and represent to each other that the undersigned representatives have full and complete authority to execute this Agreement and bind them to the terms hereof. Each Party further warrants and represents that the Parties have negotiated this Agreement through their respective counsel and that each Party has voluntarily executed it after consulting with counsel of its own choosing.
7. Ownership of Claims. The Parties warrant and represent that they have not heretofore assigned or transferred, or purported to assign or transfer, or suffered to be made any assignment or transfer (except those described in this Agreement), of any right, claim, demand or cause of action covered by this Agreement, and that they are the sole and absolute legal and equitable owners.
8. Notices. All notices, requests, and other communications must be in writing and will be deemed to have been duly give if (i) delivered by facsimile transmission with receipt confirmed by sender; or (ii) mailed first-class, return receipt requested, or (iii) by overnight courier to the Parties at the following addresses or facsimile numbers:
PARTY CONTACT
Sunmeadows William Lo
Sunmeadows, LLC
27127 Calle Arroyo, Suite 1910
San Juan Capistrano, CA 92675
Phone: (949) 836-2296
Fax: (949) 388-9272
[email protected]
Bradley Brownlow, Esq.
Holland & Knight LLP
50 California Street, Suite 2800
San Francisco, CA 94111
Phone: (415) 743-6975
Fax: (415) 743-6910
[email protected]
The Coalition and Lake Cadena Colton Coalition for the Environment
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14 c/o Lake Cadena Investments, LP
attn: Jeffrey A. Kaplan
10877 Wilshire Blvd., Suite 1520
Los Angeles, CA 90024
Phone: (310) 208-0075 ext. 109
Fax: (310) 208-0571
[email protected]
Michael H. Leifer, Esq.
Palmieri Hennessey & Leifer, LLP
2 Park Plaza, Suite 550
Irvine, CA 92614
Phone: (949) 851-7294
Fax: (949) 825-5412
[email protected]
City Bill Smith, City Manager
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
Phone: (909) 370-5051
Phone: (909) 370-5813
[email protected]
Marco Martinez, Esq.
Best & Krieger LLP
18101 Von Karman Ave., Suite 1000
Irvine, CA 92612
Phone: (949) 263-6582
Phone: (949) 260-0972
[email protected]
Any party from time to time may change its address, facsimile number or other information for the purposes of notices to that party by giving notice specifying such change to the other Parties.
9. Severability. Any provision of this Agreement held by a court of competent jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder of this Agreement and the effect thereof shall be confined to the provision held unenforceable. The Parties expressly agree that the terms and provisions of this Agreement are contractual in nature and not merely recitals.
10. No Waiver. The provisions of this Agreement may not be changed, discharged, terminated, altered or waived orally, but only by an instrument in writing signed by the Parties.
The failure by any Party to enforce its rights under this Agreement on any occasion shall not operate as or be deemed to be a waiver of any future enforcement or exercise of such rights.
11. No Construction Against Drafters. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any Party by any court or other governmental or judicial authority by reason of such party’s having or being deemed to have drafted, prepared or imposed such provision.
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15 12. No Representative Relationship. Nothing in this Agreement shall be deemed to create a partnership, joint venture or principal and agent relationship among the Parties. Nothing in this Agreement shall limit or restrict the ability of any Party, at its own expense and on its own behalf to assert a claim or demand, commence litigation or other legal proceeding, or negotiate to settle any claims against any non-Parties.
13. Entire Agreement. This Agreement shall constitute the entire agreement among the Parties with respect to the subject of this Agreement and shall supersede and replace any previous agreements and understandings between the Parties, including but not limited to the Tolling Agreement between Parties as amended, whether written or oral, with respect to the subject matter of this Agreement. THIS WRITTEN AGREEMENT REPRESENTS THE
FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED
BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
14. Attorney's Fees and Costs. In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of any term of this Agreement, arising out of a breach of this Agreement, involving claims within the scope of this Agreement, or pertaining to a declaration of the rights under this Agreement, the prevailing party shall recover all such party's commercially reasonable attorneys' fees and costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom.
15. Assignment. Sunmeadows may, at its option, assign or partially assign the rights and obligations of this Agreement to any future owner of any portion of the Project Site; in such event, Sunmeadows shall provide written notice of any such assignment to the other Parties. The releases, promises, covenants, indemnities, and agreements contained herein shall be binding upon and inure to the benefit of the Parties, and their respective associates, companies, stockholders, subsidiaries, members, affiliates, predecessors, parent companies, successors, heirs, spouses, assigns, agents, directors, officials, officers, partners, managers, owners, supervisors, employees, representatives, attorneys, insurance carriers, assignors, and assignees.
16. Governing Law. This Agreement is to be governed and construed in accordance with the laws of the State of California, applied without regard to its laws applicable to choice of law.
17. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
[Signatures to follow on subsequent pages]
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16 SIGNATURE PAGE FOR SETTLEMENT AGREEMENT AND RELEASE
Coalition
Colton Coalition for the Environment,
an unincorporated association
Dated: By:
Jeffrey A. Kaplan, General Partner
for Lake Cadena Investments, LP
Its: Co-founder and Member
Lake Cadena
Lake Cadena Investments, Ltd.,
a California Limited Partnership
Dated:__________________________ By:______________________________________ Jeffery A. Kaplan
Its: General Partner
Approved as to Form:
Palmieri, Hennessey & Leifer, LLP
Dated: By:
Michael H. Leifer, Esq.
Attorney for Coalition
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17 SIGNATURE PAGE FOR SETTLEMENT AGREEMENT AND RELEASE
City
City of Colton, California
Dated: By:
Bill Smith, City Manager
Approved as to Form:
Best Best & Krieger LLP
Dated: By:
Marco Martinez, Esq.
Attorney for City of Colton
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18 SIGNATURE PAGE FOR SETTLEMENT AGREEMENT AND RELEASE
Sunmeadows
Sunmeadows LLC,
a California limited liability company
Dated: By:
William Lo
Its: Manager
Dated: By:
William Lo, as an individual
Approved as to Form:
Holland & Knight LLP
Dated: By:
Bradley Brownlow
Attorney for Sunmeadows LLC and William Lo
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Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - EXHIBIT A: CONCEPTUAL OFF-SITE SEWER PLAN
04-12-2019ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154
SETTLEMENT AGREEMENT AND RELEASE EXHIBIT A
CONCEPTUAL OFF-SITE SEWER PLAN
FIGURE II-9
Source: ESRI, RCTLMA (2015), SB County (2015)
215
S A N B E R N A R D I N O C O U N T YS A N B E R N A R D I N O C O U N T Y
R I V E R S I D E C O U N T YR I V E R S I D E C O U N T Y
OLD PELLISIER RD
CENTER ST
IOWA AVE
LA CADENA DR
MAIN ST
MARYKNOLL DR
GRAYMORE AVE
COWAN ST
KIEWSWETTER ST
LOMITA LN
BERKELEY CT
MERRYFIELDS AVE
VAN BUREN ST LA LOMA AVE
ANDEREGG LN
COYOTE DR
PALM AVE
EARP ST
LARK ST
BOSTICK AVE
ROSEDALE AVE
SANTA ANA RIVER TRAIL
TROPICANA RANCHO RD
RCFCD CHANNEL
PA 4
PA 1
PA 5
PA 12
PA 7
PA 2
PA 6
PA 3
PA 10
PA 8
PA 9
PA 13
PA 11
PA 20G
PA 17
EMERGENCY ACCESS ONLY
PA 14B
PA 20F
PA 14B
PA 14A
PA 15
PA 16
PA 20A
PA 20C
PA 20D
PA 20B
PA 19
PA 20E
PA 18
PA 20E PA 20E
SCE EASEMENT
SCE EASEMENT
STREET"B"
ROQUET RANCH RD
STREET "B"
STREET "A"
PELLISSIER RD
ORANGE ST
12"
12"
15"
12"
12"
10"
8"
12"
8"
10"
12"
12"
12"
21"
8"
Source(s): ESRI, Google Earth Aerial (02-2016), RCTLMA (2016), SB County (2016) 0 600 1,200300
Feet
Page II-26
SPECIFIC PLAN NO. DAP-001-228
Roquet Ranch IIPLAN COMPONENTS AND IMPLEMENTATION
Point of Connection - Gravity Feed
Point of Connection - Force Main
LEGEND
Proposed On-Site Sewer Lift Station
Existing Off-Site Sewer Lift Station (To Be Abandoned)
Proposed Off-Site Sewer Lift Station (To Be Built By Others) Existing Sewer
21" Gravity Feed
15" Gravity Feed
12" Gravity Feed
12" Force Main
10" Gravity Feed (To Be Abandoned)
10" Gravity Feed
8" Gravity Feed
8" Force Main
Proposed Sewer
15" Gravity Feed
12" Gravity Feed
12" Force Main
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04-12-2019
Source(s):K&A Engineering (12-10-2018)
ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154
SETTLEMENT AGREEMENT AND RELEASE EXHIBIT B
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Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - EXHIBIT C-1: CADENA CREEK MOBILE HOME PARK LANDSCAPE INTERFACE 04-12-2019
Source(s): SJA (03-04-2019)
ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154 SETTLEMENT AGREEMENT AND RELEASE EXHIBIT C-1
BOTANICAL NAME COMMON NAME SIZE PF QTY.
INITIAL
PLANTING
HEIGHT
CITRUS MEYER MEYER LEMON 36" BOX STANDARD M 21 5'-6' x 4'-5' QUERCUS AGRIFOLIA COASTAL LIVE OAK 36"/48" BOX STANDARD M 41 10'-14' x 4'-6' PODOCARPUS GRACILIOR FERN PINE 24" BOX STANDARD L 134 10'-12' x 4'-6' PINUS ELDARICA ELDARICA PINE 24" BOX STANDARD L 75 10'-12' x 3'-5' LAGERSTROEMIA F. 'NATCHEZ' CRAPE MYRTLE 36" BOX MULTI L 31 8'-9' x 4'-7' ROSMARINUS O. PROSTRATUS PROSTRATUS ROSEMARY 1 GALLON @ 48" O.C. L 667 -- PYRACANTHA K. 'SANTA CRUZ' SANTA CRUZ FIRETHORN 5 GALLON @ 42" O.C. M 1556 -- MYOPORUM P. 'PUTAH CREEK' CREEPING MYOPORUM 5 GALLON @ 60" O.C. L 2689 -- ECHIUM FASTUOSUM PRIDE OF MADEIRA 5 GALLON @ 48" O.C. L 577 -- SESLERIA AUTUMNALIS AUTUMN MOOR GRASS 5 GALLON @ 24" O.C. M 2319 -- ROSA CARPET WHITE CARPET ROSE 5 GALLON @ 24" O.C. M 3289 -- RIPARIAN MITIGATION SWALE NATIVE GRASSES HYDROSEED L 30,868 S.F. -- NATIVE TRANSITIONAL HYDROSEED NATIVE NON-IRRIGATED SHRUBS HYDROSEED L 38,451 S.F. -- SHRUBS
TREES
Note:
Plant material per Specific Plan plant palette for
manufactured slopes, parks, basins, street trees,
and retaining wall landscaping at initial planting.
PLANTING LEGEND
ROQUET RANCH
SP BOUNDARYROQUET RANCH
SP BOUNDARY
LINE OF SIGHT
EXISTING
INTERCEPTOR DRAIN
“D” STREET
R/W P/L
ROQUET RANCH
SP BOUNDARY
CADENA CREEK
MOBILE HOME
PARK
PA 3
85’ 93’-+
EL.: 913
EL.: 867
2:1
6’ COMBINATION
VIEW FENCE
10’
MIN.
8’
EXISTING
GROUND
35’ MAX.
EXISTING
RESIDENCE
1 1
LINE OF SIGHT
*HEIGHT OF PERSON IS APPROXIMATELY 6’-0” TALL.
6’ VIEW
FENCE
0’ 10’ 20’
FEET
LINE OF SIGHT
LINE OF SIGHT
“D” STREET
R/W P/L
ROQUET RANCH
SP BOUNDARY
PA 20E
OPEN
SPACE
PA 3
EL.: 922
85’
EL.: 888
2:1
10’
MIN. 65’
35’ MAX.
VARIES
EXISTING
RESIDENCE
CADENA CREEK
MOBILE HOME
PARK
38’-
+
EXISTING
GROUND
EXISTING
INTERCEPTOR DRAIN
6’ COMBINATION
VIEW FENCE
22 *HEIGHT OF PERSON IS APPROXIMATELY 6’-0” TALL.
6’ VIEW FENCE
0’ 50’ 100’
FEET
0’ 10’ 20’
FEET
33 30’
44’
DIRT CHANNEL
EL.: 903
EXISTING GROUND
6’ VIEW FENCE
2:1
2:1 EXISTING S.C.E.
ACCESS ROAD
100’ S.C.E. EASEMENT
ROQUET RANCH
SP BOUNDARY
R/W R/W
EL.: 995
INTERCEPTOR
DRAIN
LANDSCAPED AREA (TYP.)
PROPOSED
RETAINING WALLS
EXISTING
GROUND
PA 20A
OPEN SPACE
88’
44’
12’ 12’
12’
12’
10’
10’
32’ 32’
5’
44’
10’ LANDSCAPED
MEDIAN
CL
PELLISSIER ROAD
PA 20E
OPEN SPACE
EXISTING
ROAD
30’-+ 78’-
+
CADENA CREEK
MOBILE HOME
PARK
22’
5’
TYP.
6’6’
LINE OF SIGHT
2:1
*HEIGHT OF PERSON IS APPROXIMATELY 6’-0” TALL.
0’ 10’ 20’
FEET
1 3
2 1
3 2
%&'(215
S A N B E R N A R D I N O C O U N T Y
R I V E R S I D E C O U N T Y
PA 4
PA 1 PA 5
PA 12
PA 7
PA 2
PA 6
PA 3
PA 10
PA 8
PA 9
PA 13
PA 11
!
PA 20G
!
PA 17
! EMERGENCY ACCESS ONLY
PA 14B
!
PA 20F
PA 14B
PA 14A
PA 15
PA 16
PA 20A
PA 20C
PA 20D
PA 20B
PA 19
PA 20E
PA 18
PA 20E
PA 20E
SCE EASEMENT
SCE EASEMENT
STREET"B"
ROQUET RANCH RD
STREET "A"
STREET "B"
ORANGE ST
PELLISSIER RD
KEY MAP
1 3
2 PA 10
PA 20E
PA 3
PA20E
PA 20B
PA 19
PA 8
11.a
Packet Pg. 568
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - EXHIBIT C-2: MOBILE HOME PARK ENTRY BASIN LANDSCAPE INTERFACE SETTLEMENT AGREEMENT AND RELEASE EXHIBIT C-2
04-12-2019
Source(s): K&A (03-25-2019)
ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154 30’-+50’-
+ 15’
5’
5’
ROQUET RANCH
SP BOUNDARY
EXISTING
GROUND
EXISTING
GROUND
GRAVEL
CONCRETE
DRAINAGE SWALE6’ VIEW FENCE
CADENA CREEK
MOBILE HOME PARK PA 20 E
LANDSCAPED
AREA
PA 9
EXISTING
ENTRY ROAD
EL: 893
EL: 884
EL: 890 EL: 890
2:1
EL: 885
MAINTENANCE
ROAD
15’ 17’ 10’
MAINTENANCE
ROAD
SLOPE
100’
SCE
EASEMENT
EXISTING
GROUND
LINE OF SIGHT
4A 4B
17’-+ 82’-
+
0’ 10’ 20’
FEET
BOTANICAL NAME COMMON NAME SIZE PF QTY.
INITIAL
PLANTING
HEIGHT
PODOCARPUS GRACILIOR FERN PINE 24" BOX STANDARD L 20 10'-12' x 4'-6' PINUS ELDARICA ELDARICA PINE 36" BOX STANDARD L 31 10'-12' x 3'-5' LEYMUS C. ‘CANYON PRINCE’ CANYON PRINCE WILD RYE 1 GALLON @ 36" O.C. L 964 -- ROSMARINUS O. PROSTRATUS PROSTRATUS ROSEMARY 1 GALLON @ 48" O.C. L 279 -- PYRACANTHA K. “SANTA CRUZ” SANTA CRUZ FIRETHORN 5 GALLON @ 42" O.C. M 499 -- MUHLENBERGIA RIGENS DEER GRASS 1 GALLON @ 36" O.C. L 717 -- JUNCUS PATENS CALIFORNIA GRAY RUSH 1 GALLON @ 24" O.C. L 1317 -- GRAVEL
3/4” GRAVEL (16,915 S.F.)
SHRUBS
TREES
PLANTING LEGEND
Note:
Plant material per Specific Plan plant palette for
manufactured slopes, parks, basins, street trees,
and retaining wall landscaping at initial planting.
INSET MAP
4A
4B
PA 20E
PA 9
PA 20E
PA 20E
PA 9
PA 13
WATER QUALITY/
DRAINAGE BASIN
100’
SCE EASEMENT
EXISTING ENTRY ROADEXISTING ENTRY ROADCADENA CREEK
MHP ACCESS EASEMENT
0’ 50’ 100’
FEET
%&'(215
S A N B E R N A R D I N O C O U N T Y
R I V E R S I D E C O U N T Y
PA 4
PA 1 PA 5
PA 12
PA 7
PA 2
PA 6
PA 3
PA 10
PA 8
PA 9
PA 13
PA 11
!
PA 20G
!
PA 17
! EMERGENCY ACCESS ONLY
PA 14B
!
PA 20F
PA 14B
PA 14A
PA 15
PA 16
PA 20A
PA 20C
PA 20D
PA 20B
PA 19
PA 20E
PA 18
PA 20E
PA 20E
SCE EASEMENT
SCE EASEMENT
STREET"B"
ROQUET RANCH RD
STREET "A"
STREET "B"
ORANGE ST
PELLISSIER RD
INSET MAP
KEY MAP
11.a
Packet Pg. 569
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - EXHIBIT C-3: LANDSCAPE INTERFACE TREES AT INITIAL PLANTING 04-12-2019
Source(s): K&A (03-25-2019)
ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154 Note:
SIZES PER PLANTING LEGEND
ON CADENA CREEK MOBILE
HOME PARK LANDSCAPE
INTERFACE (04-12-19)
PINUS ELDARICA
“ELDARICA PINE”
QUERCUS AGRIFOLIA
“COASTAL LIVE OAK”
LAGERSTROEMIA F. ‘NATCHEZ’
“CRAPE MYRTLE”
CITRUS MEYER
“MEYER LEMON”
PODOCARPUS GRACILIOR
“FERN PINE”
SETTLEMENT AGREEMENT AND RELEASE EXHIBIT C-3
11.a
Packet Pg. 570
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - EXHIBIT D: SPECIFIC PLAN LAND USE PLAN
04-12-2019ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154
SETTLEMENT AGREEMENT AND RELEASE EXHIBIT D
11.a
Packet Pg. 571
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release -
11.a
Packet Pg. 572
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - Sunmeadows and Cadena Creek) EXHIBIT F1- SECONDARY ACCESS GATE LOCATIONS
ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154 SETTLEMENT AGREEMENT AND RELEASE EXHIBIT F1
%&'(215
S A N B E R N A R D I N O C O U N T Y
R I V E R S I D E C O U N T Y
PA 4
PA 1 PA 5
PA 12
PA 7
PA 2
PA 6
PA 3
PA 10
PA 8
PA 9
PA 13
PA 11
!
PA 20G
!
PA 17
! EMERGENCY ACCESS ONLY
PA 14B
!
PA 20F
PA 14B
PA 14A
PA 15
PA 16
PA 20A
PA 20C
PA 20D
PA 20B
PA 19
PA 20E
PA 18
PA 20E
PA 20E
SCE EASEMENT
SCE EASEMENT
STREET"B"
ROQUET RANCH RD
STREET "A"
STREET "B"
ORANGE ST
PELLISSIER RD
*
*
11.a
Packet Pg. 573
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - EXHIBIT F2 - SECONDARY ACCESS GATE EXAMPLE
Source(s): SJA (03-04-2019)
ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154 SETTLEMENT AGREEMENT AND RELEASE EXHIBIT F2
LEGEND
NOTE: This gate is subject to City of Colton Fire Department review and approval.
11.a
Packet Pg. 574
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - EXHIBIT G1- DRAINAGE SWALE MAINTENANCE RESPONSIBILITY EXHIBIT Source(s): K&A (03-25-2019)
ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154 SETTLEMENT AGREEMENT AND RELEASE EXHIBIT H1
ROQUET RANCH
SP BOUNDARY
ROQUET RANCH
SP BOUNDARY
PA 3
CADENA CREEK
MOBILE HOME PARK
EXISTING CONCRETE
DRAINAGE SWALEPA 20E
EXISTING SLOPE
%&'(215
S A N B E R N A R D I N O C O U N T Y
R I V E R S I D E C O U N T Y
PA 4
PA 1 PA 5
PA 12
PA 7
PA 2
PA 6
PA 3
PA 10
PA 8
PA 9
PA 13
PA 11
!
PA 20G
!
PA 17
! EMERGENCY ACCESS ONLY
PA 14B
!
PA 20F
PA 14B
PA 14A
PA 15
PA 16
PA 20A
PA 20C
PA 20D
PA 20B
PA 19
PA 20E
PA 18
PA 20E
PA 20E
SCE EASEMENT
SCE EASEMENT
STREET"B"
ROQUET RANCH RD
STREET "A"
STREET "B"
ORANGE ST
PELLISSIER RD
INSET MAP
KEY MAP
MAINTENANCE RESPONSIBILITY
CADENA CREEK MOBILE HOME PARK
ROQUET RANCH SPECIFIC PLAN
LEGEND
11.a
Packet Pg. 575
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - EXHIBIT G2- PHOTOGRAPHS OF DRAINAGE SWALE
Source(s): SJA (03-04-2019)
ROQUET RANCH SPECIFIC PLAN
CONFIDENTIAL SETTLEMENT COMMUNICATION - SUBJECT TO CALIFORNIA EVIDENCE CODE SECTIONS 1152 & 1154 IMAGE 1
IMAGE 2
IMAGE 3
IMAGE 4
11.a
Packet Pg. 576
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - Proposed (Post-Project) Downstream Condition Model. 100-year Reach River Sta Profile Q Total Min Ch El W.S. Elev Crit W.S. 100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
(cfs) (ft) (ft) (ft)
1850
1850
1850
1850
Culvert
1850
1850
2000
2000
2000
2000
2000
Culvert
876.45 881.86 881.66
873.9
872
872
871.97
869.96
868.82
866.95
864.78
863.87
862
861.4
860.84
849.97
847.99
846.85
844.92
843
881.85
881.68
881.30 877.62
878.30
877.61
875.63
872.98
871.88
870.44
870.50
867.22
866.98
856.67
854.37
851.57
851.70
851.72
877.55
874.84
872.98
867.91
867.22
866.98
856.67
854.37
851.57
E.G. Elev
(ft)
883.46
882.43
882.05
881.9
879.67
878.37
876.71
874.77
872.85
871.83
871.59
870.08
868.29
858.66
856.46
853.01
851.89
851.78
E.G.
(ft/ft)
0.010663
0.002745
0.001477
0.0016
0.006658
0.003858
0.006782
0.012278
0.005371
0.006204
0.000654
0.002336
0.002489
0.009123
0.00897
0.009533
0.000531
0.000131
Vel Chnl
(ft/s)
10.16 6.08
4.92 6.22
9.38 6.96
8.34 10.71
7.9 9.47
8.37 13.58
9.17 11.33
11.61 9.63
3.51 1.95
Flow
(sq ft)
182.14
304.2
376.26
298.94
197.6
265.78
239.89
186.74
253.3
211.18
239.63
147.31
217.99
176.6
172.22
207.69
570.4
1026.99
Top
(ft)
49.93 64.87
68.97 61.23
46.57 59.72
62.97 52.73
70.21 53.9
108.98
25.68 83.65
44.37 41.56
72.16 102.18
158.53
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
Reach 1
9760
9610
9450
9370
9335
9320
9120
8800
8590
8390
8220
8120
8100
8070
8030
7840
7670
7485
7280
7000
6900
6810
100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
100-yr
2000
2000
2000
2000
2000
2000
2000
2000 843 851.27 846.95 851.72 0.000959 5.38 372.06 170. 75 Culvert
Reach 1 6745 100-yr 2000 843 849.21 850.43 0.000921
Reach 1 6700 100-yr 2000 843 848.03 848.03 850.12 0.001942 /
PREPARED BY:
.
I //fl/ / \ / I I \\\\\\\\\\/( -----✓"""""-'11\l\l""-"'-"-'-''------\ \ \ \ \ \ 's '\. 100-YR PER HECRAS (POST-PROJECT CONDITION)
e �
ENGNEERING 357 N. SHERIDAN STREET
SUITE 117
LANO PLANNING CORONA, CALIFORNIA 92880
TEL. (951) 279-1800
SURVEYING FAX {951} 279-4380
8.86 226.46
WSE POST-
Engineen'ng, Inc.
01/05/2021 ROQUET RANCH
ENGINEER R.E. NO. 30236 DATE:
152.38
Froude #
0.94 0.49
0.37 0.39
0.77 0.58
0.75 1
0.68 0.84
0.54 1
1 1
1.01 1
0.26 0.13
0.33 0.68
/ Proposed {Post-Project) Upstream Condition Model, 100 -year Reach RiverS ta Profile QTotal MinChEI W.S. Elev CritW.S. E.G . Elev E.G. Vel Chnl (cfs) (ft) (ft) (ft) (ft) (ft/ft) (ft/s)
Reach 1 11615 100-yr 1200 895.23 910.07 910.16 0.000037 2.51 Reach 1 11525 100-yr 1200 895 910.07 901.78 910.15 0.000031 2.29 Reach 1 11400 Culvert
Reach 1 11308 100-yr 1200 893 901.7 899.63 903.09 0.006026 9.46 Reach 1 11153 100-yr 1200 891.93 901.26 901.79 0.005295 5.81 100-yr 1700 888.9 897.61 897.61 899.94 0.019349 12.25
1700 886.1 896.44 894.76 898.19 0.010359 10.61
\'''"'''--., .... /'"""'"'"'""'""''""'"'""''''"'''�,'/,..,,..,,�--- ___,,,,,...,..,,,_,,,,,,,,.,,,,,,,,,,,,,_,, 100-YR PER HECRAS (POST-PROJECT CONDITION)
E
I
E FLOODWAY
\
T-PROJECT CONDITION
Flow
(sq ft)
538.89
524.91
126.8
206.71
138.79
160.21
Top
(ft)
119.97
130.43
57.56 58.95
30.86 23.46
Froude #Chi
0.14 0.13
0.61 0.55
1.02 0.72
DPLA/N TIE -IN " .
�����
1 /M/T OF STUDY
_ .. .,_ -.......... _,....,,__,
-- . - ----
·- _______:_·- \
BASER.
SCALE: 1" = 150'
VERTICAL DA TUM: NGVD29
HORIZ. MAP PROJECTION: CA 5
____________ _,/
ROQUET RANCH
EXHIBIT H - CADENA CREEK POST-CONSTRUCTION CONDITION HECRAS MODEL
11.a
Packet Pg. 577
Attachment: FINAL EXECUTION VERSION Settlement Agreement (4_8_22)(156727291.1)-c1 (3608 : Settlement Agreement and Release - Sunmeadows and Cadena Creek)