93-42
COOPERATIVE AGREEMENT
THIS AGREEMENT (hereinafter the "Agreement") is hereby made and entered into this 1st day of _ June , 1993, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (hereinafter referred to as "SANBAG") on the one hand, and the CITY OF FONTANA (hereinafter referred to as the "CITY") on the other hand.
The parties hereto agree as follows:
DEFINITIONS
1.01 Definitions. As used in this Agreement, the following terms, phrases, • words and their derivations, shall have the meanings set forth herein. Words used in the present tense include the future tense, words used in the singular shall include the plural, and plural words shall include the singular. Words not specifically defined shall be given their common and ordinary meaning.
a. "Operating Property" shall refer to that real property essential to railroad operations as shown on Exhibit"A" hereto, and including, but not necessarily limited to the railroad trackage right-of-way.
b. "Non-operating Property" shall refer to such real property, excluding Operating Property, on which a Commuter Rail Station shall be situated, and such other land as may be adjacent to the Commuter Rail Station, and necessary for its operation as such, as shown on Exhibit "B" hereto.
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title to the Station Site, and warrants that the soil underlying the Station Site is free of "hazardous materials" as that term and similar terms are defined in State and Federal law.
Upon completion of construction, title to the Station Site shall vest as follows:
a. SANBAG and/or its designee shall retain title to all Operating Property; and
b. SANBAG and/or its designee, and the CITY shall hold title as tenants in common to all Non-operating Property, except that SANBAG shall reserve an easement across the Non-operating Property, as described in Exhibit "E" hereto, in a document recorded against the Non-operating Property, for the benefit of SANBAG and/or the SCRAA for the purpose adding additional railroad tracks; it being mutually agreed by the parties hereto that the CITY bear none of the costs associated with the exercise of said easement, including, but not necessarily limited to, relocation of the passenger platform of the Commuter Rail Station.
IV.
TERM OF AGREEMENT
4.01 Term. This Agreement shall commence on execution of this Agreement by the parties, and shall continue until dissolved by mutual consent of the parties or terminated as provided for in Section XII of this Agreement.
V.
RESPONSIBILITIES OF THE CITY
5.01 Environmental Review. The CITY shall conduct all environmental AL.G/05/18/93
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Rail Station is reserved exclusively for commuters during Operating Hours. Nothing in this Agreement shall prohibit the CITY from utilizing the Commuter Rail Station's parking lot for other purposes during Non-operating Hours without SANBAG's approval, or during Operating Hours with SANBAG's consent.
5.05 Parking Fces. The CITY may, subject to the approval of SANBAG and/or the SCRRA, which approval shall not be unreasonably withheld, charge parking fees to: 1) Defray the costs of obtaining necessary permits and approvals; 2) Maintain the Commuter Rail Station and its parking lot; and 3) Provide security to commuter rail patrons during Operating Hours. All such fees collected by the CITY shall remain the sole property of the CITY, subject only to the limitations set forth above.
5.06 Maintenance of Station. Subject to Section 6.07, the CITY shall maintain the Commuter Rail Station, and shall provide at the CITY's cost and expense, utility (i.e., water and electricity) services. The CITY, however, shall have no responsibility for track maintenance. "Level of effort" and other standards to determine minimum maintenance requirements shall be annually developed jointly between the parties for the succeeding fiscal year. In the event that the CITY should be unable to meet such mutually agreed "level of effort" standards, cither party may terminate this Agreement in accordance with Section 12.01(e), below.
5.07 Station Security. Subject to Section 6.07, the CITY shall arrange for and fund the provision of security at the Commuter Rail Station to insure customer and vehicle safety during Operating Hours. "Level of effort" and other standards to determine ALG/05/18193
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pertaining to the matters covered by this Agreement.
6.03 Design and Engineering. SANBAG shall cause the design and engineering of the Commuter Rail Station to be performed at SANBAG's cost and expense.
Immediately following the Station Site becoming available for construction, SANBAG shall cause complete architectural plans and specifications complying with the laws of the State of California and the CITY to be prepared by a qualified licensed architect. However, no such plans or specifications shall be placed for execution or accepted until approved by the parties to this Agreement.
6.04 Permits and Fees. To the extent that the CITY is unable to pay for permits and fees pursuant to Section 5.08, above, SANBAG shall pay for all typical permit and fee costs incurred by the CITY in the development of the Station Site.
6.05 Construction Funding For Commuter Rail Station. Except as otherwise provided in Section 5.03 above, SANBAG shall cause construction of the Commuter Rail Station, to comply with and undertake all obligations set forth in associated conditions of approval (Exhibit "G" hereto), and comply with any and all prescribed mitigation measures required for the remediation of environmental impacts, all of which shall be performed at SANBAG's cost and expense notwithstanding that the City may have acted as the "project proponent", "developer" or "applicant" as those terms may be used in, or relate to the foregoing conditions of approval and mitigation measures. SANBAG and/or the SCRRA shall contract for construction of the Commuter Rail Station, and SANBAG shall perform the construction and engineering during the construction of the Commuter ALOFOS/18/93
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!
under this agreement to the SCRRA.
6.10 Permit for Maintenance and Security. SANBAG hereby grants the City and its officers, employees, and agents a permit to enter upon any and all portions of the Operating Property deemed necessary by the City, in its reasonable discretion, to enable the City to perform its obligations under the terms and provisions of this Agreement provided, however, that the City shall first obtain SANBAG's and/or its agent's consent, which consent shall not be unreasonably withheld, in the event that such entry on to Operating Property should in any way impede or adversely affect rail operations.
SANBAG may revoke this permit in its reasonable discretion upon ninety (90) days prior written notice to the City in accordance with Section 10.01, below. In the event that this permit is revoked by SANBAG, then the City may terminate this Agreement in accordance with the provisions of Section 12.01.
VII.
FISCAL YEAR
7.01 Fiscal Year. The fiscal year of this Agreement shall begin on the first day of July each year.
VILI.
ACCOUNTING
8.01 Accounting. Each party shall render to the other party a complete accounting of the affairs undertaken or conducted by such party pursuant to this Agreement, as of the close of business on the last day of June each year. Such accountings shall be AL 0/05/18193
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T
such personal service, when deposited in the United States mail, first-class, postage prepaid, and addressed to:
San Bernardino Associated Governments
475 North Arrowhead Avenue
San Bernardino, CA 92401
City Clerk
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Either party may change its mailing address for the purposes of this paragraph by giving written notice of such change to the other party.
XI.
MISCELLANEOUS
11.01 Consents and Agreements. Any and all consents and agreements provided for or permitted by this Agreement shall be in writing, and a signed copy thereof shall be filed and kept with the books of this Agreement.
11.02 Sole and Only Agreement. This instrument contains the sole and only agreement of the parties and correctly sets forth the rights, duties, and obligations of each party to the other as of this date. Any prior agreements, policies, negotiations, and/or representations are expressly set forth in this Agreement.
11.03 Amendments. This Agreement may be amended or modified in any way by an instrument in writing, stating the amendment or modification, signed by the parties hereto.
11.04 Severability. In case any one or more provisions contained in this AT.G/OS/18/93
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and the venue of any such action shall be in the Central Division of the Superior Court of the State of California for the County of San Bernardino.
XII.
TERMINATION OF AGREEMENT
12.01 Acts Constituting Termination. This Agreement shall commence on the date of its execution and shall continue until:
a. The sale or transfer of title, after completion of development of the Station Site;
b. Voluntary or involuntary transfer or assignment by either party hereto without the consent of the other party of any of the rights, titles, or obligations set forth in this Agreement;
Mutual agreement of the parties hereto to terminate this Agreement;
d. Any default or breach of this Agreement by either party hereto which has not been cured within thirty (30) days after notice of such default by the other party, or such later time as is reasonably necessary if the default cannot be reasonable cured within such thirty (30) day period; and/or
e. Written notice is delivered by either party to the other party ninety (90) days prior to the effective date of termination.
12.02 Distribution on Termination. Upon termination of this Agreement, all affairs undertaken or conducted pursuant to this Agreement shall be wound up, the assets AL0/OS/1/93
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EXHIBIT
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EXHIBIT
EXHIBIT F - Fontana Commuter Rail Station
City/ Agency Commuter Rail Station Cost Obligation Summary
5.01 Environmental Review
5.02 Planning, Zoning and Permits $56,770
5.03 City/Agency Mandated Improvements $295,000
TOTAL: $351,770
EXHIBIT
. Conditions of Approval - March 22, 1993
Design Review #93-07
Wheel stops shall be provided where necessary to protect a structure or other parking vehicles.
The developer shall provide directional signs and striping (of paring spaces, aisles and driveways) as necessary to ensure safe and efficient operation of the parking facility.
d. A parking area for a non-residential use shall be illuminated.
8. The project is subject to Fire Fees per City Ordinance, which shall be paid prior to the issuance of building permits.
The applicant shall provide decorative parking lot light poles for the front parking area.
10. Parking lot light poles are not permitted at the end of landscape islands.
11. Transformers are not permitted in any landscape area adjacent to the street.
12. A sign program shall be developed for the project consistent with applicable city codes that may include signage installed along Sierra Avenue by the city. Prior to installation of any signs, the sign program shall be approved by the City Planning Commission.
13. A trash receptacle shall be provided at or near each platform canopy.
14. A kiosk shall be provided on the station site providing information about transportation and the City of Fontana.
15. All intersections within the parking lot should be designed and constructed with enhanced decorative concrete paving.
IRANSPORTATION PLANING: (See also GENERAL CONDITIONS)
A traffic control
prose, Tre Control shat be construce and rate an the
cooperative agreement between the City and San Bernardino Associated
17. Then a ecosette Agratient develed and constructed in accordance the City of Fontana and San
Bernardino Associated Governments (SANBAG) •
18. A minimum eight foot wide sidewalk shall be constructed by the project proponent along the south side of Orange Way, and the north side of the railroad tracks from Juniper Avenue to Sierra Avenue.
Conditions of Approval - March 22, 1993
Design Review ·93-07
ENGINEERING: (See also GENERAL CONDITIONS)
Prior to issuance of building permits the applicant shall prepare and submit a final hydrology and hydraulic study showing the tributary of storm drains and downstream impacts to a point as
defined by the ciosest receiving point on a master storm drain line or existing facility as approved by the City Engineer. The study shall identify off-site and on-site runoff impacts resulting from build-out an Permitted General plan uses, the project's contribution, locations sizes of catchments and system connection points
downstream drainage mitigation measures. All recommendations resulting the final approved study shall be included in the improvement design submittals.
Prior to issuance of building permits the project shall be served by the City's sanitary sewer sytem and all sewer facilities shall be constructed in accordance with the Master Sanitary Sewer Plan and as approved by the City Engineer. Projects located outside the city limits will be required to execute an Annexation Agreement with the
33. Prior to issuance of building permits, the applicant must prepare and a final grading plan showing building footprints,
elevations, finished grades, drainage routes, drainage acceptance approvals, retaining/non-retaining elevations,
control, slope easements and other pertinent information in accordance With Chapter 70 of the U.B.C. Additionally, this plan must be accompanied by a report on the disposition of the Trees and Shrubs in accordance with Chapter 30 of the Fontana Municipal Code.
34. Prior to issuance of building permits, the applicant must have approved set of public improvement lans on file with the City Engineer's office.
35. Prior to issuance of building permits the, applicant shall have engineered improvement plans engineer
registered in State orreared by a professorred
California, public
Improvements, including but not 1imited to: streets, all nas, util thesi traffic signals, street lights, striping, signs and markings conform to City Standards and Specifications, and as approved by the City Engineer.
36. Prior to issuance of building permits all drawings submitted to the City shall have correct scaled dimensions. Engineering plans shall be submitted on City standard 24 inch x 36 inch sheets with a 1 inch = 40 feet scale.
Conditions of Approval - March 22, 1993
Design Review #93-07
16. Prior to issuance of occupancy permits the applicant shall provide 'copies of record" of the completed public improvement construction plans for the entire project.
17. Prior to issuance of occupancy permits the applicant shall provide ertificate from the engineer of record attesting to the completion o finish grading, in accordance with the City approved grading plan.
Inspector's final inspection sign-off.
•
* Fion eures one Bar on the pil to the City a copy of the Notice of Completion approved by the State General Construction Activity Storm Water Permit.
BUILDING, AND SAFETY: (See also GENERAL CONDITIONS)
50. The applicant shall comply with the following Conditions of Approval:
B1. The project shall comply with the latest adopted edition of the following codes:
A. Uniform Building Code and its appendices and standards.
B. Uniform Plumbing Code and its appendices and standards.
C. Uniform Mechanical Code and its appendices and standards.
D. Uniform Building Security Code.
E. National Electrical Code.
F. Title 24, California Code of Regulations,
G. Uniform Fire Code and its appendices and standards.
B2.. Automatic fire sprinkler systems shall be installed in all new of system shaff be based upon the requirements of the uniform Benarene canine Pregang, GET AT 5-22 a of the San
B3. Permits are required prior to the removal and/or demolition of structures.
... .
Conditions of Approval - March 22, 1993
Design Review #93-07
F. A complete hydrology study using the latest edition of Hydrology
shall be submitted to, and
designe-site dandie the isten generated by a tem (b
the run-off generated by a ten chee for flooding of al! year--ten 10) minute storm.
(buildings)
properties during a hundred (100) year storm.
G. The grading plans shall, as a minimum, contain sections at all property lines and/or permit boundary lines.
These sections shall clearly indicate:
1.. The relationship between the proposed finished on-site grade elevations and the existing adjacent property
grade elevations. (Indicate any additional drainage
water that may come from an adjacent property.); and
2. The ground cover/finished surface materials being
proposed, (i.e.: type of pavement, plant materials,
3. All proposed drainage structures; and
4. Any proposed and/or required walls or fencing.
FONTANA UNIFIED SCHOOL DISTRICT: (See also GENERAL CONDITIONS)
51. Pera rested or the prode nue pos or and receive al in place at the time building POLICE DEPARTMENT: (See also GENERAL CONDITIONS)
2. Applicant shall comply with City of Fontana Police Building an ecurity specifications as established by the Crime Prevention Unit
53. All perimeter walls shall be required to comply with the Graffiti Discouragement Ordinance and approved by the Police Department.
NODIFIED AT PC 3-22-93
54. The applicant shall provide to the Planning Department an approved products list and an approved security lighting plan prior to the issuance of building permits.
55. Roof top address will be required at 36" in length and 12" in width. .. a
EXHIBIT H - Fontana Commuter Rail Station
SANBAG Commuter Rail Statio Cost Obligation Summary
6.02 Environmental Review $1,255
6.03 Design and Engineering $240,000
6.07 Two Year Maintenance and Security $149,000
6.05 Construction $2,448,280
SUB TOTAL: 52,838,535
9.01 Property Acquisition*
TOTAL:
* Appraisal of property value underway at this time.
EXHIBIT