1 Revised - RP – 09/01/2022
LAND IMPROVEMENT AGREEMENT
PM # ASP #
DR # ADDRESS #
THIS AGREEMENT made and entered into this day of , 20___, by and between the City of Fontana, hereinafter call City and hereinafter called Applicant.
WITNESSETH:
WHEREAS, it is the intention of the Applicant to improve a certain parcel or parcels of land in the City of Fontana described as
and,
WHEREAS, the City Council of the City of Fontana has approved and adopted certain rules and regulations governing the developing of land in the City and the posting of improvements securities guaranteeing the installation of necessar y permanent improvements as set forth in Article III of Chapter 25, Article IV of Chapter 26 and Article III of Chapter 27 of the Fontana City Code and,
WHEREAS, the City Code specifically sets forth the requirements for the installations of necessary improvements affecting land development.
NOW, THEREFORE, the City and the Applicant mutually agrees as follows:
The Applicant will construct or cause to be constructed at applicants expense all required permanent improvements on streets abutting his proper ty, all required tests, design work, equipment materials, and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer or as specifically described and shown on approved plans on file with City Engineer and total cost estimate as stated on Exhibit “ A”, and in accordance with applicable provisions of the Standard Specifications and Standard Details of the City of Fontana in effect on the date of this Agreement.
The work shall be done under the supervision of and to the satisfaction of the City Engineer. The estimated cost of said work and improvement is the sum of ($ ) .
Surety bond for Faithful Performance in the penal sum of the estimated cost of said work and improvement shall be properly executed in favor of and delivere d to the City as part of this Agreement. In lieu of a surety bond the Applicant may deposit money or negotiable securities with the City as provided in Article III of Chapter 25, Article IV of Chapter 26 and Article III of Chapter 27 of the Fontana City Code.
The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculati on of the amount of securities required pursuant to the provisions of this section. 2 Revised - RP – 09/01/2022
Applicant’s obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Applicant’s surety in connection with the securities required pursuant to the provisions of this section.
All of the required improvements shall be completed within 12 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Applicant shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay
In addition to the extension for the reasons referenced in the foregoing paragraph, Applicant may submit a written request, Exhibit “B”, for a discretionary extension of the time for completion of the improvements to the City Engineer. The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If an extension time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein.
Upon timely completion of the required improvements pursuant to the terms of this Agreement, and prior to final acceptance of the improvements by the City, Applicant shall submit to the City Engineer for review and approval, a digital copy of “ record” drawings of all improvement plans in accordance with the latest edition of the City of Fontana Electric File Submittal Requirements.
Upon the approval of “record” drawing, the City Engineer shall process the rele ase of the Applicant’s performance bond posted pursuant to the Bond Guarantee for Faithful Performance.
In the event that Applicant fails to complete the improveme nts within the required period or any approved extension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Applicant, or his surety as herein pr ovided. If City pursues completion of the improvement work, it may require Applicant, or his surety, to pay the City in advance, sufficient monies to cover the City’s cost in completing construction of the improvements.
Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Applicant, or Applicant’s surety pursuant to this Agreement, has provided the City Engineer with written notice of Applicant’s intent to abandon or otherwise not complete the improvements.
Applicant shall defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all liability arising out of or incident to Applicant’s performance of this Agreement, inclu ding without limitation all reasonable attorney’s fees, whether or not resulting from the negligence of Applicant or Applicant’s agents. This indemnity shall extend to any claims arising because Applicant has failed to properly secure any necessary easement, land right, contract, and approval, but shall not extend to any claim arising out of the sole negligence of City.
3 Revised - RP – 09/01/2022
It is further expressly agreed that the Applicant will procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
4 Revised - RP – 09/01/2022
IN WITNESS WHEREOF, three (3) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Applicant herein named on the day of , 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
APPLICANT CITY OF FONTANA
____________________________ By:
Signature City Engineer
Print Name
____________________________ Date:
Print Name
____________________________
Company Name
____________________________
Address
____________________________
City State Zip Code
Attachments: (1) Exhibit “A” – Cost Estimate
(2) Exhibit “B” – Time Extension
(3) Securities
STAFF USE ONLY
ENGINEERING PC NO.
CITY OF FONTANA
ENGINEERING DEPARTMENT
COST ESTIMATE **EXHIBIT "A" **
SHEET 1
DATE:
DEVELOPER MBK PROJECT NAME
ENGINEER Huitt-Zollars TRACT MAP NO. N/A
PHONE NO. 909-941-7799 X 11450 PARCEL MAP NO. 20585
STREET IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
6" CURB & GUTTER L.F. $17.00 $0.00
8" CURB & GUTTER 802 L.F. $19.00 $15,238.00
8" THICK CROSS GUTTER 1,100 S.F. $11.00 $12,100.00
4" SIDEWALK 5998 S.F. $7.00 $41,986.00
ACCESS RAMP 1 EA $5,000.00 $5,000.00
DRIVE WAY APPROACHES 1,604 S.F. $11.00 $17,644.00
ASPHALT CONCRETE DIKES L.F. $11.00 $0.00
FOG SEAL S.F. $0.10 $0.00
IMPORTED BANKMENT C.Y. $10.00 $0.00
PREPARATION OF SUBGRADE 13,880 S.F. $0.50 $6,940.00
*A.C. 474 TON $150.00 $71,100.00
*A.C. OVERLAY (1" MIN. THICKNESS) 94 TON $150.00 $14,100.00 **PCC CURB ONLY (MEDIAN) L.F. $16.00 $0.00
ADJUST SEWER MANHOLE TO GRADE 1 EA $500.00 $500.00
ADJUST SEWER CLEAN OUT TO
GRADE EA $300.00
$0.00
ADJUST WATER VALVES TO GRADE 5 EA $250.00 $1,250.00
BARRICADES (STD 118) L.F. $40.00 $0.00
2 X 4 REDWOOD HEADER L.F. $5.00 $0.00
*REMOVAL OF A.C. PAVEMENT 13,696 S.F. $0.66 $9,039.36
**REMOVAL OF P.C.C. CURB 925 L.F. $6.00 $5,550.00
*REMOVAL OF A.C. BERM L.F. $5.00 $0.00
RETAINING WALL H=2 1/2 FT.
OR LESS L.F. $40.00 $0.00
BLOCK WALL H=6 FEET L.F. $50.00 $0.00
AGGREGATE BASE 0 TON $30.00 $0.00
GUARD POSTS EA $70.00 $0.00
GUARD PANEL (WOOD) L.F. $40.00 $0.00
SAWCUT 1,090 L.F. $3.50 $3,815.00
REFLECTORS AND POSTS EA $100.00 $0.00
STREET SIGNS EA $250.00 $0.00
POWER POLE REMOVALS 4 EA $5,000.00 $20,000.00
STREET IMPROVEMENT SUBTOTAL $224,262.36
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Based on Revised 11/18/2021 - RG (placed in Excel by MG-HZ)
DURIAN FONTANA
4/19/2023
ELPC22-000073
CITY OF FONTANA
ENGINEERING
PRELIMINARILY APPROVED
BY
DATE
CONSTRUCTION APPROVED
CORRECTIONS
FINAL APPROVED
FOR INFORMATION ONLY
✔
Henry Pham
5/22/2023
SHEET 2
STORM DRAIN IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
* 18" RCP (or LESS) 50 L.F. $90.00 $4,500.00
* 24" RCP L.F. $110.00 $0.00
* 30" RCP L.F. $250.00 $0.00
* 36" RCP L.F. $250.00 $0.00
* 42" RCP L.F. $250.00 $0.00
* 48" RCP L.F. $260.00 $0.00
* 54" RCP L.F. $280.00 $0.00
* 60" RCP L.F. $300.00 $0.00
* 66" RCP L.F. $320.00 $0.00
* 78" RCP L.F. $340.00 $0.00
* 24" CMP L.F. $90.00 $0.00
* 60" CMP L.F. $320.00 $0.00
CATCH BASIN/CURB INLET:
W=7 EA $4,000.00 $0.00
W=10 EA $4,500.00 $0.00
W=14 2 EA $6,000.00 $12,000.00
W=21 EA $11,000.00 $0.00
W=28 EA $14,000.00 $0.00
JUNCTION STRUCTURE 1 EA $3,200.00 $3,200.00
TRAFFIC TYPE JUNCTION
STRUCTURE EA $2,800.00
$0.00
DISCHARGE STRUCTURE EA $2,800.00 $0.00
MANHOLES EA $2,500.00 $0.00
LOCAL DEPRESSION 2 EA $1,250.00 $2,500.00
INLET STRUCTURE EA $2,100.00 $0.00
OPENING MODIFICATION, PIPE CONNECTION 1 EA $7,000.00 $7,000.00
AND COLLAR
STORM DRAIN IMPROVEMENT SUBTOTAL $29,200.00
SANITARY SEWER IMPROVEMENTS
MANHOLES 60" DIAMETER EA $4,500.00 $0.00
MANHOLES 48" DIAMETER 1 EA $4,000.00 $4,000.00
DROP MAN HOLES EA $4,500.00 $0.00
WYES EA $100.00 $0.00
CLEANOUTS 1 EA $600.00 $600.00
REMODELING OF EXISTING
MANHOLE: EA $950.00
$0.00
** 4" VCP L.F. $50.00 $0.00
** 6" VCP 50 L.F. $60.00 $3,000.00
** 8" VCP 125 L.F. $70.00 $8,750.00
** 10" VCP L.F. $80.00 $0.00
** 12" VCP L.F. $90.00 $0.00
** 15" VCP L.F. $100.00 $0.00
SANITARY SEWER IMPROVEMENT SUBTOTAL $16,350.00
SHEET 3
Based on Revised 11/18/2021 - RG (placed in Excel by MG-HZ)
TRAFFIC SIGNALS / SIGN / STRIPING
ITEM QUANTITY UNIT UNIT COST AMOUNT
TRAFFIC SIGNAL (MODIFICATION)
One Corner EA/LS $50,000
$0.00
Two Corners EA/LS $100,000 $0.00
TRAFFIC SIGNAL (COMPLETE) EA/LS $250,000 $0.00
PAINT TRAFFIC STRIPE ( 1 COAT) 50 L.F. $2.40 $120.00
PAINT TRAFFIC STRIPE (2 COATS) L.F. $0.65 $0.00
PEDESTRIAN CROSSWALK STRIPING 19 L.F. $0.65 $12.35
PAVEMENT MARKER
(NON REFLECTIVE) EA $2.50
$0.00
PAVEMENT MARKER (REFLECTIVE) 4 EA $4.00 $16.00
REFLECTORS AND POSTS EA $100.00 $0.00
STREET SIGNS 1 EA $250.00 $250.00
PAVEMENT LETTER MARKERS 1 EA $500.00 $500.00
TRAFFIC SIGNAL / SIGNS / STRIPING SUBTOTAL $898.35
* REINFORCE CONCRETE PILE
** VITRIFIED CLAY PILE
CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. $12.00 $0.00
REFLECTORS AND POSTS S.F. $12.00 $0.00
LANDSCAPING IMPROVEMNTS SUBTOTAL $0.00
Based on Revised 11/18/2021 - RG (placed in Excel by MG-HZ) SHEET 4
STREET IMPROVEMENT SUBTOTAL …………………………………………. $224,262
STORM DRAIN IMPROVEMENTS SUBTOTAL ……………………………….. $29,200 SANITARY SEWER IMPROVEMENTS SUBTOTAL…………………………… $16,350 TRAFFIC SIGNAL / SIGNS / STRIPING SUBTOTAL …………………………. $898 IMPROVEMENT SUBTOTAL $270,711
(USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES)
CFD LANDSCAPE IMPROVEMENTS $0.00
SUBDIVISION MONUMENT GURANTEE $1200 +$50/LOT $1,250.00
STREET LIGHTS 4 $5,000 $20,000.00
CUCAMONGA COUNTY WATER DISTRICT FACILITIES $0.00
IMPROVEMENT SUBTOTAL $291,961
ADD 35% $102,186.25
BONDING TOTAL $395,000
APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMP. DWG. NO._________________________
STREET LIGHT DWG. NO._______________________
SEWER IMP. DWG. NO. _________________________
STORM DRAIN IMP. NO. ________________________
TRAFFIC SIGNAL DWG. NO. _____________________
SIGNING & STRIPING DWG. NO. _________________
Based on Revised 11/18/2021 - RG (placed in Excel by MG-HZ) 04/19/23
EXP. 09/30/23 DATE
EXP. 09/30/23
6330
6330LT
6331
CITY OF FONTANA
ENGINEERING
PRELIMINARILY APPROVED
BY
DATE
CONSTRUCTION APPROVED
CORRECTIONS
FINAL APPROVED
FOR INFORMATION ONLY
✔
Henry Pham
5/22/2023
8 Revised - RP – 09/01/2022
LAND IMPROVEMENT AGREEMENT
EXHIBIT “B”
I,
(Applicant’s name here)
am the owner of the property to which this Request is being made for a One Year Time Extension for Project No. .
Print Name:
Applicant’s Signature:
Applicant’s Address:
Date:
(Attached Notary Acknowledgment)
CITY OF FONTANA
BY: DATE:
City Engineer
[ ] DENY
[ ] APPROVED
NEW DATE: