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C08-19 Oakmont Recycled Water Pipeline Reimbursement Agreement CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Project Name: Oakmont Recycled Water Pipeline Funds: Sewer Trunk Main Fees Contract December 16,2008 Contractors: Dowling Orchard,LLC Date: Const.Budget: NTE$600,000 Subcontractors: TBD A&E Budget: As per approved agreements. Project Start Date: December 2008 Report Period: October 2008—December 2008 Work Completed During Report Period: Prepared preliminary plans and draft agreement. Problems or Delays During Report Period:No problems or delays. Change Orders: No change orders Recommendation(s)for City Council Action:Approve reimbursement agreement. Report Approved by: Mayor's Signature / Date of City Council Approval STAFF REPORT Agenda Item "J TO: Mayor and Council Members FROM: Public Works Department DATE: December 16, 2008 SUBJECT: Approve Reimbursement Agreement with Oakmont Dowling Orchard, LLC Background and Analysis: The proposed reimbursement agreement would authorize repayment for Oakmont Dowling Orchard, LLC costs to construct and 8"diameter recycled water force main line from City property, in Nicolas Road adjacent to the Oakmont Dowling Orchard Business Park and across their private property in an easement to a City storm drain easement downstream of the Lowe's Reload Facility. The total reimbursement cost will not exceed $600,000 depending upon final bids that will be obtained by Oakmont as part of the process of constructing Nicolas Road. The pipeline easement is a requirement of Oakmont's project north of Fourth Street and will be dedicated at no cost to the City. Recommendation: Staff recommends APPROVAL of the Reimbursement Agreement subject to the authority of the City Attorney to make final changes and of the Project Report Respe 11 submitted: CIT OF .:EAU 4T A an C. apanic, City M• :ger REIMBURSEMENT AGREEMENT FOR INSTALLATION OF RECLAIMED WATER LINE This Reimbursement Agreement("Agreement") is made as of December*, 2008, by and between the City of Beaumont, a municipal corporation organized and existing under the laws and constitution of the State of California(the"City"), and Oakmont Dowling Orchard, LLC ("Oakmont").The City and Oakmont are each sometimes referred to in this Agreement individually as a"Party,"and collectively as the"Parties."The City and Oakmont are entering into this Agreement with reference to the following facts: RECITALS A. Oakmont is the owner of certain real property located in the City as more particularly described on Exhibit"A"attached hereto and incorporated herein(the"Oakmont Property"). B. Oakmont is pursing development of the Oakmont Property pursuant to certain project land use entitlements herein(the"Oakmont Entitlements"). C. Pursuant to the Oakmont Entitlements and applicable laws and ordinances, an incidental recharge water pipeline is to be constructed by Oakmont. D. In conjunction with the development of the Oakmont Property,the City has required Oakmont to construct and install an 8"diameter incidental recharge water pipeline from the City wastewater treatment plant on Fourth Street through the Oakmont Property to San Timoteo Creek(the"Pipeline").The Pipeline may be referred to herein collectively as the "Oakmont Improvement Work". E. Oakmont has agreed to perform the Oakmont Improvement Work as part of the requirements of the land use entitlements and the City has agreed to provide reimbursements in an amount not to exceed the cost of the Oakmont Improvement Work as set forth herein. NOW,THEREFORE, in consideration of the mutual promises and covenants set forth below,the Parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein and become a part of this Agreement. 2. Obligations of Oakmont. (a) Oakmont will construct, install and pay all costs associated with the Pipeline as shown on Exhibit"B"attached hereto and incorporated herein.The Pipeline shall be constructed as designed, engineered, and approved by the City. (b) Oakmont shall be responsible for obtaining and paying the cost of all necessary permits and approvals relating to the Oakmont Improvement Work. (c) Oakmont shall comply with prevailing wage law in performing or having performed the Oakmont Improvement Work. 3. City Obligations. (a) City shall provide proof of competitive bid process for Oakmont's reference. Selection of contractor to perform the Oakmont Improvement Work will be based on lowest,qualified bidder(the"Contractor"). (b) City shall cooperate with Oakmont in approving any necessary permits and other City approvals for completing the Oakmont Improvement Work. (c) City shall not unreasonably withhold its approval of the construction plans for the Oakmont Improvement Work. (d) City shall provide all surveying and services related to the construction of the Pipeline. (e) City shall provide reimbursements to Oakmont in a timely manner based on payment applications submitted from the Contractor to Oakmont. (f) City shall provide surveying, compaction and inspection services related to the construction of the Pipeline. 4. Agreement on Construction Costs. Upon completion of the Oakmont Improvement Work, City and Oakmont shall meet and confer to agree upon the total costs expended by Oakmont for the Oakmont Improvement Work. 5. Reimbursements. (a) City shall reimburse Oakmont the amount that the Actual Oakmont Improvement Work Costs in return for Oakmont's performance of the Oakmont Improvement Work in the amounts set forth on Exhibit"C"attached hereto and incorporated herein. The reimbursements to Oakmont will provide for all actual direct or indirect costs of the Oakmont Improvement Work incurred by Oakmont including all costs for professional services, construction management, permits and fees. ("Actual Oakmont Improvement Work Costs"). (b) Oakmont will provide payment to the Contractor upon receipt of reimbursements from the City. All Reimbursements shall be made within thirty (30) days of the approval of the Actual Oakmont Improvement Work Costs by the City Manager. (c) All costs exceeding the amount set forth in Exhibit"C" shall be approved by the City in writing prior to starting additional work for reimbursement. 6. Development of Oakmont Property not a Public Work. City shall have no proprietary interest in any portion of the Oakmont Property. City has not and shall not contribute any money or the equivalent of money toward the development of any portion of the Oakmont Property. This Agreement is solely for the purpose of providing for Oakmont's performance of the Oakmont Improvement Work as a public project separate and apart from the private development on Oakmont Property and receiving a credit for Fees otherwise due City. 7. General Provisions. (a) If any dispute arises out of or concerning this Agreement,the prevailing Party shall be entitled to recover, in addition to any damages and/or equitable relief, its reasonable attorneys fees in that dispute. (b) This Agreement shall be interpreted, enforced and governed by the laws of the State of California. (c) This Agreement shall be construed as if prepared jointly by the Parties and any uncertainty or ambiguity shall not be interpreted against any one Party. (d) If any provision of this Agreement shall be deemed unenforceable for any reason,the remaining provisions will be given full force and effect. (e) This Agreement may be executed in counterparts which when taken together constitute the entire agreement among the Parties hereto. (0 The person(s) signing this Agreement on behalf of any specified Party represents that he or she has full authority to executed this Agreement on behalf of such Party and that such Party is authorized to enter into this Agreement. (g) This Agreement shall inure to the benefit of, and be binding upon,the heirs, successors in interest, and assignees of the respective Parties. All heirs, successors and assignees shall be bound by the rights, duties and obligations of the Parties arising under this Agreement. (h) Formal notices, demands and communications between the Parties shall be given in writing and personally served or dispatched by registered or certified mail, postage prepaid, return receipt requested,to the principal offices of the Parties, as designated in this Section, or telefaxed to the facsimile number listed below followed by dispatch as above described. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either Party may from time to time designate by mail as provided in this Section.Any such notice shall be deemed to have been received(i) upon the date personal service is effected, if given by personal service, (ii)upon the expiration of one(1)business day, if telefaxed, or(iii)upon the expiration of three(3)business days after mailing, if given by certified mail,return receipt requested, postage prepaid. To the City: The City of Beaumont 550 East Sixth Street Beaumont, CA 92223 Attention: With a copy to: To Oakmont: Attention: With a copy to: Attention: A Party may change the address by giving notice in writing to the other Party and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the date and year first above written. OAKMONT: CITY: CITY OF BEAUMONT, a municipal corporation of the State of California By: Mayor ATTEST: , City Clerk APPROVED AS TO FORM: EXHIBIT"A" LEGAL DESCRIPTION OAKMONT DOWLING ORCHARD,LLC A PORTION OF PARCEL 3 OF PARCEL MAP 25090, BOOK 165, PAGES 69 TO 71 AS RECORDED IN THE COUNTY OF RIVERSIDE and A PORTION OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 SOUTH; RANGE 1 WEST, SAN BERNARDINO BASE MERIDIAN RIVERSIDE COUNTY, CALIFORNIA _ _ ATE _ G HICNWAY _ ma. pai Dowling rchard o,4 Industrial Development 4 11 1 0 \ . . Am 3"*" It e . - i 7 IY4l /atl C) nw•R s.ts A. ' ;$ I. ,,,,-..$72,286's : 1 1 tw.w APN 417-020-027,004 and portions of 001 (superseded by parcel#s 055&058) EXHIBIT LB" PIPELINE ALIGNMENT Oakmont Dowling Orchard, LCC Pipeline Alignment 7 `\si.L11.0 r.„�w* ._�♦d t-i1—-t®i 1�1—— t...te �-. Y ::"04... si.L.uitiTA r.64,,.":...,... N. E1 El A 'S \ S.``►Eby}yt�+ ;.tort I 's w Karl/ .., n Pi 111 II 5-..., g;,i it::,11 _,, ' 1 -,-- - •-•14'.'ll **., ,„sk.4:#'it.- i fit• �, � fl� :11::: 1 MI ��i - _1111111r 111®ii1 51 si ..11 11911 i! 111 ��0 11141 !tlr4G1� pIlt A_ ... . .....,...,,,„„...„.„..iiiiiiiii...:En I . i III . NI '' 7,,',,,'''''; ,...,‘ ' . ie-. IV iiilit, WTI .e;‘. , aAM ,..'-:Z ..7. Mill 111111111/1111i 1.1111111681g1 • Incidental Recharge 8”Diameter IIIDPE ,._mw REIMBURSEMENT AGREEMENT FOR INSTALLATION OF RECLAIMED WATER LINE This Reimbursement Agreement("Agreement") is made as of December 8, 2008,by and between the City of Beaumont, a municipal corporation organized and existing under the laws and constitution of the State of California(the"City"), and Oakmont Dowling Orchard, LLC ("Oakmont"). The City and Oakmont are each sometimes referred to in this Agreement individually as a"Party," and collectively as the"Parties."The City and Oakmont are entering into this Agreement with reference to the following facts: RECITALS A. Oakmont is the owner of certain real property located in the City as more particularly described on Exhibit"A"attached hereto and incorporated herein(the"Oakmont Property"). B. Oakmont is pursing development of the Oakmont Property pursuant to certain project land use entitlements herein(the "Oakmont Entitlements"). C. Pursuant to the Oakmont Entitlements and applicable laws and ordinances, an incidental recharge water pipeline is to be constructed by Oakmont. D. In conjunction with the development of the Oakmont Property,the City has required Oakmont to construct and install an 8"diameter incidental recharge water pipeline from the City wastewater treatment plant on Fourth Street through the Oakmont Property to San Timoteo Creek(the "Pipeline"). The Pipeline may be referred to herein collectively as the "Oakmont Improvement Work". E. Oakmont has agreed to perform the Oakmont Improvement Work as part of the requirements of the land use entitlements and the City has agreed to provide reimbursements in an amount not to exceed the cost of the Oakmont Improvement Work as set forth herein. NOW,THEREFORE, in consideration of the mutual promises and covenants set forth below,the Parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein and become a part of this Agreement. 2. Obligations of Oakmont. (a) Oakmont will construct, install and pay all costs associated with the Pipeline as shown on Exhibit"B"attached hereto and incorporated herein. The Pipeline shall be constructed as designed, engineered, and approved by the City. (b) Oakmont shall be responsible for obtaining and paying the cost of all necessary permits and approvals relating to the Oakmont Improvement Work. (c) Oakmont shall comply with prevailing wage law in performing or having performed the Oakmont Improvement Work. 3. City Obligations. (a) City shall provide proof of competitive bid process for Oakmont's reference. Selection of contractor to perform the Oakmont Improvement Work will be based on lowest, qualified bidder(the"Contractor"). (b) City shall cooperate with Oakmont in approving any necessary permits and other City approvals for completing the Oakmont Improvement Work. (c) City shall not unreasonably withhold its approval of the construction plans for the Oakmont Improvement Work. (d) City shall provide all surveying and services related to the construction of the Pipeline. (e) City shall provide reimbursements to Oakmont in a timely manner based on payment applications submitted from the Contractor to Oakmont. (f) City shall provide surveying, compaction and inspection services related to the construction of the Pipeline. 4. Agreement on Construction Costs. Upon completion of the Oakmont Improvement Work, City and Oakmont shall meet and confer to agree upon the total costs expended by Oakmont for the Oakmont Improvement Work. 5. Reimbursements. (a) City shall reimburse Oakmont the amount that the Actual Oakmont Improvement Work Costs in return for Oakmont's performance of the Oakmont Improvement Work in the amounts set forth on Exhibit"C"attached hereto and incorporated herein. The reimbursements to Oakmont will provide for all actual direct or indirect costs of the Oakmont Improvement Work incurred by Oakmont including all costs for professional services, construction management,permits and fees. ("Actual Oakmont Improvement Work Costs"). (b) Oakmont will provide payment to the Contractor upon receipt of reimbursements from the City. All Reimbursements shall be made within thirty(30)days of the approval of the Actual Oakmont Improvement Work Costs by the City Manager. (c) All costs exceeding the amount set forth in Exhibit"C"shall be approved by the City in writing prior to starting additional work for reimbursement. 6. Development of Oakmont Property not a Public Work. City shall have no proprietary interest in any portion of the Oakmont Property. City has not and shall not contribute any money or the equivalent of money toward the development of any portion of the Oakmont Property. This Agreement is solely for the purpose of providing for Oakmont's performance of the Oakmont Improvement Work as a public project separate and apart from the private development on Oakmont Property and receiving a credit for Fees otherwise due City. 7. General Provisions. (a) If any dispute arises out of or concerning this Agreement,the prevailing Party shall be entitled to recover, in addition to any damages and/or equitable relief, its reasonable attorneys fees in that dispute. (b) This Agreement shall be interpreted, enforced and governed by the laws of the State of California. (c) This Agreement shall be construed as if prepared jointly by the Parties and any uncertainty or ambiguity shall not be interpreted against any one Party. (d) If any provision of this Agreement shall be deemed unenforceable for any reason,the remaining provisions will be given full force and effect. (e) This Agreement may be executed in counterparts which when taken together constitute the entire agreement among the Parties hereto. (f) The person(s) signing this Agreement on behalf of any specified Party represents that he or she has full authority to executed this Agreement on behalf of such Party and that such Party is authorized to enter into this Agreement. (g) This Agreement shall inure to the benefit of, and be binding upon, the heirs, successors in interest, and assignees of the respective Parties. All heirs, successors and assignees shall be bound by the rights, duties and obligations of the Parties arising under this Agreement. (h) Formal notices, demands and communications between the Parties shall be given in writing and personally served or dispatched by registered or certified mail, postage prepaid, return receipt requested,to the principal offices of the Parties, as designated in this Section, or telefaxed to the facsimile number listed below followed by dispatch as above described. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either Party may from time to time designate by mail as provided in this Section. Any such notice shall be deemed to have been received (i)upon the date personal service is effected, if given by personal service, (ii)upon the expiration of one (1)business day, if telefaxed, or(iii)upon the expiration of three (3)business days after mailing, if given by certified mail,return receipt requested,postage prepaid. To the City: The City of Beaumont 550 East Sixth Street Beaumont, CA 92223 Attention: With a copy to: To Oakmont: Attention: With a copy to: Attention: A Party may change the address by giving notice in writing to the other Party and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the date and year first above written. OAKMONT: CITY: CITY OF BEAUMONT, a municipal corporation of the State of California By: Mayor ATTEST: , City Clerk APPROVED AS TO FORM: Minutes Beaumont City Council Beaumont Redevelopment Authon�tycy Beaumont Financing Beaumont Utility Authority 550 E. 6th Street, Beaumont,(4:00California City Council Workshop Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, December 16, 2008 "Materials related to an item on this agenda submitted totheCity th City1 's office at 550 ouncil after i t bU Street he On agenda packet are available for public inspection during normal business hours" WORKSHOP SESSION Workshop Civic Center, Room 5 began at 4:00 p.m. Roll Call: Mayor DeForge, Council Member Berg, Co ncil weMember embepresetDressel, Council Member Fox, Council Member Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION began at 5:00 p.m. Place: Civic Center Conference Closed Session Room Roll Call: Mayor DeForge, Council Member Co nc cil Member mpresent.rDressel, Council Member Fox, Council Member a. Pursuant to Govemm Coe Section cn4 5 , Conference with Labor Negotiator—City NegotiatorPersonnel 7ctor Alan K p � Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8—4th Street Beaumont pated Litigation Avenue c. Pursuant to Government Code Section 54956.9(a)- — Conference with Legal Counsel ' 98 au montG Case No. EDC 03- 54956.9) t. Outdoor Media Group, Inc. vs. Cityo 01461 RT SGLx 2. Peters vs. City—Case No. RIC 467388 • REGULAR SESSION Regular Session began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor DeForge, Council Member Berg, Council Member Dressel, Council Member Fox, Council Member Gall were present. Invocation: Mayor DeForge Pledge of Allegiance: Mayor DeForge Presentation: 1) Sweating in of Elected Officials 2) Sister City Presentation by Mayor DeForge and Mickey Valdivia 3) Proclamation for Miss Teen USA Adjustments to Agenda: None ORAL AND WRITTEN COMMUNICATIONS: Nancy Hall—Comments made regarding Beaumont Citizens for Responsible Growth regarding the Hillside Ordinance during the Planning Commission Meeting of December 9,2008 Joe McKey—New Fellowship Church Rehabilitation at the old Potter House Church on 8th Street 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken,committee assignments,and training and travel) a) Mayor DeForge—Welcome Nancy Gall to the City Council, b) Council Member Berg -Welcome Nancy Gall to the City Council, RCTC Update c) Council Member Dressel -Welcome Nancy Gall to the City Council, WRCOG and RCA Update d) Council Member Fox-Welcome Nancy Gall to the City Council, Thank the Citizens for getting out and voting in the election e) Council Member Gall- None 2. CITY MANAGER REPORTS a. Community Information Update b. Local Project Update 1) Community Recreation Center Update 2) Update on Police Communications c. Calendar of Events 1) January 6, 2008—Reorganization of Council, Boards, and Committees 2) January 6, 2008- Planning Commission Appointments d. Financial Update e. What's That and Rumor Control f. Report on Oral and Written Communications (City Manager) 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting November 18, 2008. c. Approval of the Warrant List for December 16, 2008. d. Denial of Claim—Stephanie Togiai e. Denial of Claim—Hugo Precidio f. Adoption of Resolution 2008-45—A Resolution of the City Council of the City of Beaumont Accepting a Certain Conservation Easement Relating to Mitigation Area at Tournament Hills. g. Authorization to place a lien against 815 Magnolia Avenue at the owners request for Curb, Gutter, and Sidewalk Improvements that were conditioned as part of an addition. h. Adoption of Resolution No. 2008-46—A Resolution of the City Council of the City of Beaumont Authorizing certain Actions Relating to the Funding and Construction of the Recycled Water System; Adopt Resolution 2008- 49—Resolution of the City Council of the City of Beaumont Authorizing and Directing City Manager to Sign and File for and on Behalf of the City of Beaumont; and Adopting of Resolution 2008-50—Resolution of the City Council of the City of Beaumont Establishing a Recycled Water Capital Reserve Fund in Accordance with the State Water Resources Control Board's Requirements of the State Revolving Fund Loan Program. i. Approval of Application to UPRR for Fourth Street Extension Encroachment Permit. j. Approval of Reimbursement Agreement with Oakmont Dowling Orchard, LLC. Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member Dressel, Seconded by Council Member Berg to approve the Consent Calendar as presented. Vote: 5/0 ACTION ITEMS/PUBLIC HEARING/REQUESTS a. Downtown Specific Plan Recommendation: Hold a Public Hearing; Provide Direction to staff reflective of any desired changes to the Plan to permit preparation of the final record document, Adopt the Downtown Specific Plan; and Approve the first reading of Ordinance No. 944 as presented. Staff Report was given by Ernest Egger, Planning Director, with a presentation from Gary Thomhill and Matthew Fagan with Terra Verde. Open Public Hearing 7:09 p.m. Speakers Kevin Chees—In Favor Nancy Hall—Opposed Steve Stockton—Opposed Leslie Rios—Opposed Donna Bell—Opposed Dave Castaldo—Opposed Closed Public Hearing Motion by Council Member Berg, Seconded by Council Member Fox to Adopt the Downtown Plan and Approve the first reading of Ordinance No. 944 as presented. Vote: 4/1 (Council Member Gall voted no) b. Transit Fare Adjustment Recommendation: Closed Public Hearing continued from November 18, 2008 and Approve the Rate Adjustment as recommended. Staff report was given by Elizabeth Urtiaga, Resources Director. Closed Public Hearing 7:54 p.m. Motion by Council Member Fox, Seconded by Council Member Gall to adopt Resolution 2008-48 as presented. Vote: 5/0 c. Ordinance No. 945—An Ordinance of the City Council of the City of Beaumont Establishing City Transportation Fee Program, Continuing the Comprehensive Public Facilities Financing Program, Amending and Restating Ordinance No. 894 and Repealing Resolution No. 2008- 35. Recommendation: Hold a Public Hearing an Approve the 1st Reading of Ordinance No. 945 as presented. Staff report was given by Joe Aklufi, City Attorney. Open Public Hearing 7:56 p.m. Tommy Thompson—BIA—Opposed Closed Public Hearing 7:58 p.m. Motion by Council Member Berg, Seconded by Council Member Dressel to approve the 1s` reading of Ordinance No. 945 as presented. Vote: 5/0 d. Capital Improvement Plan Recommendation: Adopt Resolution No. 2008-47, Resolution No. RDA 2008-02 and Resolution No. BUA 2008-01 Amending and Approving the Capital Improvement Plan for the 2008-2009-Fiscal Year. Staff was given by Dave Dillon, Director of Economic Development. Speakers: Nancy Hall—Neutral Motion by Council Member Dressel, Seconded by Council Member Fox to adopt Resolution No. 2008-47, Resolution No. RDA 2008-02, and Resolution No. BUA 2008-01 as presented. Vote: 5/0 e. Stewart Park Restrooms, Storage Room and Snack Bar Renovations Recommendation: Approval of Plans and Specification and Authorize staff to advertise for Public Bids. Staff report was given by Dave Dillon, Director of Economic Development and Robert Sherwood, Director of Community Services. Motion by Council Member Fox, Seconded by Council Member Dressel to Approve the Plans and Specification and Authorize staff to advertise for public bids. Vote: 5/0 f. Temporary Use Permit 08-TUP-16 and Minor Variance 08-MV-29 Recommendation: Approve Temporary Use Permit No. 08-TUP-16 and Minor Variance 08-MV-29 for the residential occupancy of the travel trailer located at 1270 Michigan Avenue for a period of six months with the removal to be no later than May 16, 2009. Staff Report was given by Chris Tracy, Staff Planner. Motion by Council Member Berg, Seconded by Council Member Gall to approve Temporary Use Permit No. 08-TUP-16 and Minor Variance No. 08-MV-29 for the residential occupancy of the travel trailer located at 1270 Michigan Avenue for a period of six months with the removal to be no later than May 16, 2009 with the added conditions that the trailer will be clearly mark Temporary Use and that staff may review the progress at the six month and authorize an extension of time. Vote: 5/0 Adjournment of the City Council Meeting at 8:41 p.m. Resp- Sub ,'•ed, • -n _ ica City Manage Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951-769-8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability-related modification or accommodation C09-15 ACQUISITION AND REIMBURSEMENT AGREEMENT FOR INSTALLATION OF RECLAIMED WATER LINE This Acquisition and Reimbursement Agreement("Agreement") is made as of January 21, 2009, by and between the City of Beaumont, a municipal corporation organized and existing under the laws and constitution of the State of California(the "City"), and Oakmont Dowling Orchard, LLC ("Oakmont"). The City and Oakmont are each sometimes referred to in this Agreement individually as a"Party," and collectively as the"Parties."The City and Oakmont are entering into this Agreement with reference to the following facts: RECITALS A. Oakmont is the owner of certain real property located in the City as more particularly described on Exhibit"A" attached hereto and incorporated herein(the"Oakmont Property"). B. Oakmont is pursing development of the Oakmont Property pursuant to certain project land use entitlements herein(the "Oakmont Entitlements"). C. Pursuant to the Oakmont Entitlements, Oakmont is required to grant to the City a pipeline easement(the "Pipeline Easement")for access to and maintenance of a 10" diameter pipeline from the City wastewater treatment plant on Fourth Street through the Oakmont Property to San Timoteo Creek to be constructed pursuant to this Agreement in the location depicted on Exhibit "B" attached hereto (the "Oakmont Improvement Work"). The scope of the Oakmont Improvement Work is set forth on Exhibit "C" attached hereto. The performance of the Oakmont Improvement Work is not a requirement of the Oakmont Entitlements at this time, but the completion of the Oakmont Improvement Work as part of the development of the Oakmont Property pursuant to this Agreement will significantly reduce future costs related to mobilization, street cuts,trench patches and traffic detours in and around the Oakmont Property. D. Oakmont has agreed to engage a contractor to construct the Oakmont Improvement Work on behalf of the City and the City has agreed, as a condition to the performance of Oakmont's obligations hereunder, to pay for the cost of the Oakmont Improvement Work as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the Parties hereto agree as follows: AGREEMENT 1. Recitals. The above recitals are true and correct and are incorporated herein and become a part of this Agreement. 2. Oakmont Improvement Work. It is expected that funds will be available from the City immediately for the payment of the costs of the Oakmont Improvement Work. Oakmont shall enter into a contract with a general contractor for the construction of the Oakmont Improvement Work which shall cover only the scope of work set forth on Exhibit "C" attached hereto (the " Contract ). Promptly following the mutual execution and delivery of this Agreement, shall cause such general contractor to commence construction of the Oakmont Improvement Work pursuant to the Contract. No change orders to the Contract shall be approved by Oakmont unless the City approves such change orders. 3. Eligible Costs; Payment of Costs. It is the intention of the parties that the City shall disburse funds to Oakmont only in connection with properly completed payment request forms with appropriate supporting documentation for costs and owing under the Contract entered into by Oakmont for the Oakmont Improvement Work. Within thirty(30) days after Oakmont's submission of such properly completed payment request forms(with appropriate supporting documentation),the City shall pay to Oakmont the amounts set forth therein, or at the written direction of Oakmont, such amounts shall be paid to the parties indicated on such payment request forms. 4. Obligations of Oakmont. (a) Oakmont shall grant the Pipeline Easement in accordance with the Oakmont Entitlements. (b) Oakmont shall be responsible for entering into the Contract for the construction of the Oakmont Improvement Work; provided,however,that in no event shall Oakmont have any liability to the City in connection with the Oakmont Improvement Work. (c) Oakmont shall obtain competitive bids and comply with prevailing wage law in performing or having performed the Oakmont Improvement Work. 5. City Obligations. (a) City shall provide all supervising, construction management surveying and geotechnical services related to the construction of the Oakmont Improvement Work. (b) City shall pay to Oakmont the costs of the Oakmont Improvement Work pursuant to Section 3 above. (c) City shall provide the easement document, legal description and plat for the pipeline easement on the Oakmont Property. 6. Indemnity. City shall indemnify, defend,protect, and hold harmless Oakmont from any and all loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys' fees) (collectively, "Claims") incurred in connection with or arising from the construction of the Oakmont Improvement Work or entering into the Contract; provided,however,that the foregoing indemnity shall not apply to any Claims to the extent resulting from the gross negligence or willful misconduct of Oakmont. In addition, Oakmont shall indemnify,defend, protect, and hold harmless City from any Claims resulting from the breach of this Agreement by Oakmont. 7. Development of Oakmont Property not a Public Work. City shall have no proprietary interest in any portion of the Oakmont Property other than the Pipeline Easement. City has not and shall not contribute any money or the equivalent of money toward the development of any portion of the Oakmont Property other than funds to pay for the costs of the Oakmont Improvement Work. This Agreement is solely for the purpose of providing for Oakmont's supervision of the Oakmont Improvement Work separate and apart from the private development on Oakmont Property. 8. General Provisions. (a) If any dispute arises out of or concerning this Agreement, the prevailing Party shall be entitled to recover, in addition to any damages and/or equitable relief, its reasonable attorneys fees in that dispute. (b) This Agreement shall be interpreted, enforced and governed by the laws of the State of California. (c) This Agreement shall be construed as if prepared jointly by the Parties and any uncertainty or ambiguity shall not be interpreted against any one Party. (d) If any provision of this Agreement shall be deemed unenforceable for any reason, the remaining provisions will be given full force and effect. (e) This Agreement may be executed in counterparts which when taken together constitute the entire agreement among the Parties hereto. (f) The person(s) signing this Agreement on behalf of any specified Party represents that he or she has full authority to execute this Agreement on behalf of such Party and that such Party is authorized to enter into this Agreement. (g) This Agreement shall inure to the benefit of, and be binding upon,the of the res heirs, successors in interest, and assignees ective Parties. All heirs, successors and p assignees shall be bound by the rights, duties and obligations of the Parties arising under this Agreement. (h) Formal notices, demands and communications between the Parties shall be given in writing and personally served or dispatched by registered or certified mail, postage prepaid, return receipt requested,to the principal offices of the Parties, as designated in this Section, or telefaxed to the facsimile number listed below followed by dispatch as above described. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either Party may from time to time designate by mail as provided in this Section. Any such notice shall be deemed to have been received(i)upon the date personal service is effected, if given by personal service, (ii)upon the expiration of one (1) business day, if telefaxed, or(iii)upon the expiration of three (3)business days after mailing, if given by certified mail,return receipt requested,postage prepaid. To the City: The City of Beaumont 550 East Sixth Street Beaumont, CA 92223 Attention: Dee Moorjani To Oakmont: Oakmont Industrial Group 18201 McDurmott Street West Suite E Irvine, CA 92614 Attention: Michael Johnson A Party may change the address by giving notice in writing to the other Party and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first above written. OAKMONT: OAKMONT DOWLING ORCHARD, LLC, a Delaw e,limited liability company By: lk-Z i�� Name: A. Richard Rider, Jr. Its: President CITY: CITY OF BEAUMONT, a municipal corporation of the State of California By: T--- a Mayor At ST: EM , City CleA • AP 'ROVED AS TO FORM: i0 f,S_ • <<(_ „ , City Attorney EXHIBIT "A" OAKMONT PROPERTY PHASE I -LEGAL DESCRIPTION TENTATIVE PARCEL MAP NO. (TO FOLLOW), BEING A DIVISION OF THE FOLLOWING: PARCEL B OF LOT LINE ADJUSTMENT NO. 03-LLA-02, RECORDED FEBRUARY 27, 2003 AS INSTRUMENT NO. 2003-137461 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 3 OF PARCEL MAP 25090, AS RECORDED IN PARCEL MAP BOOK 165, PAGES 69 THROUGH 71, AND AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 97 OF RECORDS OF SURVEY, PAGE 77, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 87 DEG. 34' 04" EAST, ALONG THE NORTH LINE OF PARCEL 3, A DISTANCE OF 826.92 FEET,TO THE POINT OF BEGINNING: THENCE SOUTH 00 DEG. 30' 00" EAST, A DISTANCE OF 231.73 FEET; THENCE SOUTH 60 DEG. 12' 00" WEST, A DISTANCE OF 230.90 FEET; THENCE SOUTH 70 DEG. 52' 36"WEST, A DISTANCE OF 459.32 FEET; THENCE SOUTH 00 DEG. 30' 00" EAST, A DISTANCE OF 166.63 FEET; THENCE SOUTH 40 DEG. 19' 34" WEST, A DISTANCE OF 242.15 FEET; THENCE NORTH 71 DEG. 16' 36" WEST, A DISTANCE OF 31.77 FEET,TO A POINT ON THE WEST LINE OF SAID PARCEL 3; THENCE SOUTH 00 DEG. 30' 01" EAST, ALONG SAID WEST LINE, A DISTANCE OF 403.21 FEET, TO THE SOUTHWEST CORNER OF PARCEL 3; THENCE SOUTH 87 DEG. 23 19" EAST, ALONG THE SOUTH LINE OF PARCEL 3, A DISTANCE OF 1230.44 FEET,TO THE EASTERLY TERMINUS OF THE SOUTH UNE OF PARCEL 3; THENCE NORTH 48 DEG. 32' 45" EAST, ALONG THE SOUTHEAST LINE OF PARCEL 3, A DISTANCE OF 19.47 FEET,TO THE SOUTHERLY TERMINUS OF THE EAST LINE OF PARCEL 3; THENCE 00 DEG. 23' 46" EAST, ALONG THE EAST LINE OF PARCEL 3, A DISTANCE OF 1265.76 FEET, TO THE NORTHEAST CORNER OF PARCEL 3; THENCE NORTH 87 DEG. 34' 04" WEST, ALONG THE NORTH LINE OF PARCEL 3, A DISTANCE OF 438.77 FEET,TO THE POINT OF BEGINNING. APN: 417-020-055-8 and 417-020-058-1 EXHIBIT "A" (CONTINUED) PHASE II -LEGAL DESCRIPTION THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 9,TOWNSHIP OF 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WHICH LIES WITHIN THE FOLLOWING BOUNDARIES: BEGINNING AT THE INTERSECTION OF THE NORTHERLY UNE OF PARCEL MAP NO. 25090 AS PER MAP FILED IN BOOK 165 PAGES 69, 70 AND 71, OF THE 1130.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN DEED RECORDED MAY 22, 2003 AS INSTRUMENT NO. 2003-435769, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID PARALLEL LINE, NORTH 000 23'03"EAST 1112.24 FEET TO A POINT IN THE NORTHERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL"B"IN DEED RECORDED JUNE 10, 2003 IN INSTRUMENT NO. 2003-444207, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID MENTIONED NORTHERLY BOUNDARY, SOUTH 800 27'35"EAST 328.11 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD AS DESCRIBED IN DEED RECORDED IN BOOK 255 PAGE 379, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 570 47'08"EAST 948.75 FEET TO SAID WESTERLY LINE IF ABOVE MENTIONED CERTAIN PARCEL OF LAND; THENCE ALONG SAID WESTERLY LINE, SOUTH 000 23'03"WEST 929.96 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 330.00 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE ALONG SAID LAST MENTIONED SOUTHERLY LINE, NORTH 870 34'43"WEST 1030.66 FEET TO A LINE PARALLEL WITH AND 33.00 FEET EATERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINEOF PARCEL 3 OF SAID PARCEL MAP NO. 25090 THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, NORTH 000 23'03"EAST 330.21 FEET TO THE NORTHERLY LINE OF SAID PARCEL MAP NO. 25090; THENCE ALONG LAST MENTIONED NORTHERLY LINE, NORTH 870 34'43"WEST 100.06 FEET TO THE "POINT OF BEGINNING". CONTAINING 31.39 ACRES MORE OR LESS. EXHIBIT "A" (CONTINUED) wISIIiikio,,. . # wR — -410, - r cr d 1Do � 1 11 y' sit . . Deve Industnq iop4111,14men • TRA srae u. swim. lyw Am J tip' O,MtPCN7 �tt . 1 E AnOai t 1,414 2 1 C)hal ( f � � 14ii1 7.211.4s 7Aim y 1e qtrmitimmis 1 4911111 ,.."Ihj •+ • 7?A 40.2'"I6 .fps • "B" EXHIBIT OAKMONT IMPROVEMENT WORK Oakmont Dowling Orchard, LCC Pipeline Alignment , El ,vim v.,-#t.r7, ai mt z's s w r fir. a+t+ 01' /t azi �� k..f.».,1 � dR f a' 4-,-,74,..... --„,:-.4.1, k'st .' *. 11 ,,,..,t JJr" *'� icy ii �,� �• �.+ -k ;MU_ 4'''�'c�. tt1).12;1 5"4"; y� ^ a ,iii1:',*.*.:: -•. ■ • me as.r A. �•m-. :; ,. w ez ,$• \ '. \ i -+*..*I 4;4 4--*RIP 4* . -*44.44411414;,4,..,,,,°'.y'i4,k,41„al.-.„,,oh �..7m,:.:-�' tc° f+.,aIh ro + i hyo 4,..., fr •y# q-4**i"1?,4fr k11�,i1. ��a ��i :. 5., 44. w4 �1� 4 1��n r'�” "�f�r�Y�+b � ..*}i��.�t .r.�O�rc'., <,sf"°� ,.5 4 ,` 41.4t.� F�1*1 ,�v:4♦, ,• Y+v,'�Mr i S��4 K1#A ii QJr'i.i ' ,.: '... '..-,,,-.1.„,':.'4,'.--e....,.'-';‘':::';'::,-,\-. , ..;-.---..5'1,-, '• '''..'1'‘,,, '''It.-..--- a �« •► t. +. �F" i-+ M. .r..!....., irrf: *fit^Z 4pkilkilikill `�'s a. ,t i. *. h§ ., "t �,� `- ,.,, 3 ':x . --.:***:Y". 'slv Y►1 I6�OYi 4 'r k.'""'"1: Sa •-•"11.4-'''''-'''-. ".'.'r,. ve•we r =_, r Rrt t ., . „� •., z �3'i # .�1!'m is.. t"`r' yr�e "A +�"' 'e.,iett i .a '.,, 4., �. *stitt‘►,.t ''a 4 NE mll b s _ � :- I 2C. -- ��r En `-r . • rim:x t.---,111.D...---- r EWE goo�q ail I �s'!� liwrm.,.. r # R sY Vd t � � :�€ !"C t 'Nip . 4 4 41,,", .4. , .-• f ''''''''T,'" ''..-'''';''''''4711iiiie.'::, kv",. ...' - . „.„ , 7. , , „..,a ..z. ,, a° Di— i .- ._. ..,lill Ili > 42-11 4. II �d..- , "4"..., 4.,,,, Afiii ,'.:;: .-...'-':,-..':..:-.„'-'' ' 0 "..7 tti i iiin E;,� a,ft-Fdi .~ '-`4'21t± _,.. "....;:,,e,;::114!",!;411.,' 3 '-,1 _. .r �.n a.rsu#. e: }gF([, -py,� .47: ' 'R a ' tC; i 'ti.. :Q �' k,�-'n-'n aa�''""1F[+' �7'tI� t . , Lailill A ... . .. , �- :. Wim J 8" I?iam r"DPI! �� ,• - ,� EXHIBIT "C" SCOPE OF WORK 10" Force main from the Waste Water Treatment Plant ultraviolet filter system out to Fourth Street, along Fourth Street to Nicholas Road, north on Nicholas Road, east on the south side of the Oakmont Property,north on the east side of the Oakmont Property to the termination point at the Rail Road tracks on the north side of Lowes Distribution Center. 1. 4000' (LF) of 10" SDR 11 HDPE pipeline. 2. 1100' (LF) of 10"C900 DR 14 PVC pipeline under Fourth St. 3. Repair Fourth St. after excavation for new force main. 4. All necessary traffic control 5. Pothole all existing utilities 6. Stockpile of all excavation spoils at the Waste Water Treatment Plant , . o' 8EA& City ofBeaumont 4 0"© -'ct) E. o;rlt tirlc,r V *:° (9i i) 709 Si ) -iv-LIFOKN091� FAX (951) L S-c20 C,NOv.,s,1 Email: cityltallC'ci.l e'nuinoiit.ca.tts wwwci.hcttuutont.(a.us February 19, 2009 Oakmont Industrial Group 18201 McDurmott Street West Suite E Irvine, CA 92614 ATTN: Michael Johnson RE: Acquisition and Reimbursement Agreement For Installation of Reclaimed Water Line Dear Mr. Jackson: Enclosed please find one fully executed copy of the above referenced agreement for your files. Si. --rely, ) f Shelby HaAey Deputy Ci 711 Jerk