HomeMy WebLinkAboutItem No. 09 - TIF Credit Agreement TOLD Properties Chaney & Collier Signal ImprovementCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-319
Agenda Date: 9/14/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 9)
Traffic Infrastructure Fee Agreement with TOLD Properties, LLC for the Chaney Street and
Collier Avenue Signal Improvement Project
Approve and authorize the City Manager to execute a Traffic Infrastructure Fee (TIF) Credit Agreement
with TOLD Properties, LLC for the Chaney Street and Collier Avenue Signal Improvement Project.
Page 1 City of Lake Elsinore Printed on 9/9/2021
Page 1 of 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: September 14, 2021
Subject: Traffic Infrastructure Fee Agreement with TOLD Properties, LLC for the
Chaney Street and Collier Avenue Signal Improvement Project
Recommendation
Approve and authorize the City Manager to execute a Traffic Infrastructure Fee (TIF) Credit
Agreement with TOLD Properties, LLC for the Chaney Street and Collier Avenue signal
improvement project.
Background
The City administers a Traffic Infrastructure Fee as part of the Development Impact Fee
Program (according to Chapter 16.74 of the City’s Municipal Code), which is a condition to the
issuance of the building permit for a residential dwelling unit and for multi-family, office,
commercial and industrial buildings within the City to finance the cost of traffic infrastructure.
TOLD Properties, LLC has received approval from the City to develop the Fairway Business
Park. As a condition for obtaining these entitlements, TOLD Properties, LLC is required to
construct several traffic improvements.
Discussion
The City of Lake Elsinore and TOLD Properties, LLC (Developer) desire to enter into a
reimbursement agreement for the Project. This agreement allows the Developer to request
reimbursement for the eligible improvements as approved by the City Engineer. The eligible
improvement includes the construction of a traffic signal at the Collier Avenue and Chaney
Street intersection. The City TIF obligation for the project is $226,350. Only that portion of costs
identified in the Technical Amendment No. 7 to the Traffic Impact Fee Study will be reimbursed
to the Developer. The Developer is responsible for the balance of the TIF obligation.
Traffic Infrastructure Fee Agreement
Page 2 of 2
Fiscal Impact
There is no direct fiscal impact because the agreement provides for the actual construction of
eligible public improvements instead of payment of fees. The developer’s City TIF obligation is
$226,350 and the agreement identifies a maximum of $175,000 eligible for reimbursements or
credit for TIF network improvements.
Exhibits
A – Agreement
@BCL@1010B006 1
STREET IMPROVEMENT REIMBURSEMENT AGREEMENT
TRAFFIC INFRASTRUCTURE FEE
THIS STREET IMPROVEMENT REIMBURSEMENT AGREEMENT (this
“Agreement”), entered into on ______________ ___, 20__, by and between the CITY OF
LAKE ELSINORE, a municipal corporation, hereinafter referred to as the “City,” and TOLD
Properties, LLC, a California limited liability company, hereinafter referred to as the
“Developer.” City and Developer are sometimes hereinafter referred to individually as “party”
and collectively as “parties.”
RECITALS
A. Developer is the owner of property identified as Assessor Parcels No. 377-140-
028, 377-140-029, 377-140-030, 377-140-035, and 377-140-044 located within the City of
Lake Elsinore (the “Property”), which property has received development approvals from the
City including General Plan Amendment No. 2007-14 and Conditional Use Permit 2007-21
(commonly referred to as Fairway Business Park and hereinafter, the “Project”). The Project
will develop approximately 280,000 square feet of building area at buildout. A site plan
showing the location of the Project is attached as Exhibit “A” hereto and incorporated herein
by this reference.
B. The City has adopted a Development Impact Fee Program pursuant to Chapter
16.74 of the City’s Municipal Code which includes a Traffic Infrastructure Fee (“TIF”) to be
paid as a condition to the issuance of a building permit for a residential dwelling unit and for
multifamily, office, commercial and industrial buildings within the City to finance the cost of
traffic infrastructure, including the City’s arterial and collector street system (“TIF Program
Facilities”).
C. As a condition of the development approvals for the Property, including the
Project approvals, the Developer is required to construct those public improvements identified
on Exhibit “B”, which is attached hereto and incorporated herein, consisting of street
improvements for Pasadena Street at 3rd Street, Birch Street, and intersection improvements
at Collier Avenue at Chaney Street (individually, an “Improvement,” collectively the
“Improvements”); the design of the Improvements have or will be submitted directly to the
City and the estimated cost of the Improvements are also set forth on Exhibit “C.”
D. Of the improvements to be constructed by the Developer, the traffic signal at
the intersection of Collier Avenue and Chaney Street is identified in the TIF Study and eligible
for reimbursement as specified in the cost estimate assumptions identified in the 2002 TIF
Study at page 1 and Chapter 16.74 of the Lake Elsinore Municipal Code, Resolution 2002.22,
Section 7 “Use of Fee”.
E. The Developer has requested that City enter into an agreement by the terms of
which it can be reimbursed or receive credit from the TIF that the City has collected or will
collect in the future for an amount that is not to exceed the amount specified in Exhibit “C”
(the “Reimbursement Amount”).
@BCL@1010B006 2
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, and the mutual promises contained herein, it is agreed as follows:
Section 1. Purpose of the Agreement. The City and Developer desire to enter into
this Agreement in order to (i) ensure that Improvements are designed, engineered, permitted
and constructed in accordance with City standards and (ii) provide a mechanism to reimburse
and/or credit the Developer the Reimbursement Amount (as defined in Section 5) for eligible
costs incurred in the construction of the Improvements, all as specifically set forth in the terms
and conditions described below. Developer shall not be relieved of its obligation to construct
the Improvements and cause title to the Improvements to be conveyed to the City in
accordance with this Agreement even if the Reimbursement Amount is less than the actual
cost of the Improvements.
Section 2. Preparation and Approval of Plans and Specifications. The Developer
has or shall cause plans and specification (the “Plans”) to be prepared for the Improvements
and obtain all of the permits (“Permits”) required for construction of the Improvements. The
Developer shall provide a copy of the Plans to the City Engineer and shall obtain the written
approval of the Plans from City.
Section 3. Duty of Developer to Construct. The Developer shall construct or cause
the Improvements to be constructed in accordance with the timing noted in the Conditions of
Approval (Exhibit “D”), approved Plans and the specifications approved by the City Engineer.
The Developer shall perform all of its obligations hereunder and shall conduct all operations
with respect to the construction of the Improvements in a good, workmanlike and
commercially reasonable manner, with the standard of diligence and care normally employed
by duly qualified persons utilizing commercially reasonable efforts in the performance of
comparable work and in accordance with generally accepted practices appropriate to the
activities undertaken. The Developer shall not be relieved of its obligation to construct the
Improvements and cause title to the Improvements to be conveyed to the City even if the
Reimbursement Amount is less than the actual cost of the Improvements. Notwithstanding
the foregoing, nothing set forth in this Agreement shall be construed to require the Developer
to perform any work requiring a contractor’s license, nor shall the Developer be deemed to be
performing construction services pursuant to this Agreement.
Section 4. Acquisition of City Facilities. The Developer hereby agrees to convey to
the City and the City hereby agrees to accept the Improvements and to pay or credit the
Developer the Reimbursement Amount for the Improvements, subject to the terms and
conditions hereof.
The Reimbursement Amount is to be paid solely from the TIFs collected or to be
collected by the City and designated for the cost of construction of the Improvements and the
City shall not be obligated to pay the Reimbursement Amount except from amounts hel d by
the City for such purposes.
@BCL@1010B006 3
Section 5. Payment of the Reimbursement Amount. The Developer acknowledges
that as of the date of this Agreement the TIF obligation of the Project is $226,350. The
estimated cost of the TIF eligible Improvements set forth in the engineer’s estimate are
$249,722 of which $175,000 is eligible for TIF Credits as shown on Exhibit “C”. The
Developer further acknowledges that this Agreement does not serve to estop the City from
making further adjustments to the TIF, consistent with Chapter 16.74 and State law. Finally,
the Developer acknowledges that the City Council may consider adjustments to the TIF. The
parties agree that the dollar amount of any TIF credit to be earned by the Developer pursuant
to this Agreement (“Credit”) will be determined by the fee schedule and authorized TIF
maximum budget for such Improvement in place at the time the City Engineer issues the
Credit Notice. Additionally, the parties agree that certain components of Improvements can
be separately identified, inspected and completed, and can be the subject of a Payment
Request hereunder (a “Discrete Component”).
(a) Upon recordation of a Notice of Completion for the Improvements and
acceptance of the Improvements by the City Engineer or, alternatively, upon the determination
by the City Engineer that a component of the Improvement is an acceptable Discrete
Component, the Developer shall submit a billing to the City Engineer requesting
determination of the actual cost of the Improvement or Discrete Component and the TIF
Credit (“Payment Request”). The dollar amount of the earned TIF Credit is based upon the
TIF allowable cost(s) as identified in the TIF Study and the actual cost incurred by the
Developer in constructing the Improvements or Discrete Component. The dollar amount of
the earned TIF Credit may not exceed the dollar amount stated in Exhibit “C,” as may be
amended from time to time under the City’s TIF program as set forth in this Section 5. The
Developer shall supply all documentation requested by the City Engineer in determining the
actual construction cost of the Improvements or Discrete Component. The City Engineer shall
use commercially reasonable efforts to determine the amount of the earned TIF Credit within
thirty (30) calendar days of receipt of the bill submitted by the Developer.
(b) The City Engineer will provide the Developer written notice (the “Credit
Notice”), of the dollar amount of the earned TIF Credit. If the dollar amount of the earned
TIF Credit exceeds the dollar amount of the TIF that would otherwise be due from the
Developer (the “Fee Credit Excess”), the City Engineer will identify in the Credit Notice that
the TIF Credit Excess will generate either: (i) a cash reimbursement to the Developer if
Developer has paid TIFs as provided in subsection (d) below or (ii) an earned TIF Credit to
offset the City TIF required on another approved tract or parcel map to be developed by the
Developer, provided such tract or parcel map has been approved by the City at the time of the
Credit Notice. Once completed, the Credit Notice is to be executed and dated by the City
Engineer and the Developer.
(c) If the dollar amount of the earned TIF Credit is less than the City TIF that
is due from the Developer, the Credit Notice will so note. The amount of the TIF Credit to be
applied with each City TIF payment on a per square foot basis will be identified.
(d) If one or more building permits are issued by City to Developer during a
period in which developer does not have any available TIF Credits, then the Developer shall
pay the full City TIF for each permit issued, and upon acceptance of any Improvements by
@BCL@1010B006 4
the City Engineer, the City Engineer will note on the Credit Notice the full City TIF paid to
date of acceptance and make the appropriate adjustment for the application of the earned TIF
Credit consistent with subsection (b) above.
Section 6. Construction Requirements.
(a) The Developer shall require, and the specifications and contract documents
shall require all contractors, subcontractors, vendors, equipment operators and owner
operators, in each such case to the extent such individuals or entities are engaged to perform
work on the Improvements, to comply with applicable provisions of the California Labor
Code, the California Government Code and the California Public Contracts Code as required
by the specifications approved by the City Engineer.
(b) The Developer shall require each contractor, subcontractor, vendor,
equipment operator and owner operator, in each such case to the extent such individual or
entity is engaged to perform work on the Improvements, to provide proof of insurance
coverage satisfying the requirements of Section 11 hereof throughout the term of the
construction of the Improvements. Rather than requiring its contractors to provide such
insurance, the Developer may elect to provide the same for the benefit of its contractors.
(c) The Developer shall comply, and shall cause each contractor,
subcontractor, vendor, equipment operator and owner operator, in each such case to the extent
such individual or entity is engaged to perform work on the Improvements, to comply with
such other requirements relating to the construction of the Improvements as the City may
impose by written notification delivered to the Developer, to the extent legally required as a
result of changes in applicable federal, state or City laws, rules or procedures.
(d) The Developer shall require, and the specifications and bid and contract
documents shall require, all contractors, subcontractors, vendors, equipment operators and
owner operators, in each such case to the extent such individuals or entities are engaged to
perform work on the Improvements, to submit certified weekly payroll records to the City
Engineer promptly upon request.
The Developer shall provide proof to the City Engineer, at such intervals and
in such form as the City Engineer may require, that the foregoing requirements have been
satisfied as to the Improvements.
Section 7. Licenses and Permits. The Developer shall have secured (or shall have
caused to be secured) any and all permits which may be required by the City or any other
governmental agency affected by the construction of the Improvements. The Developer shall
be responsible for paying all applicable fees and charges to the City to obtain any land use
entitlements and permits that are necessary to construct the Improvements.
Section 8. Modifications to the Estimated Cost Stated in Exhibit “C.” The cost of
the Improvements shall not exceed the amounts shown in Exhibit “C” without a formal
amendment to this Agreement. If during the course of construction of the Improvements, the
Developer is presented with a change order or set of change orders that would increase the
construction cost beyond 15%, then the Developer must receive the approval of the City
@BCL@1010B006 5
Engineer before approving the change order(s). In no instance shall the total construction
costs, including any change orders, exceed the estimated costs shown in Exhibit “C” without
a formal amendment to this Agreement. Upon approving the change order, the City Engineer
will cause a formal amendment to this Agreement to be prepared, if necessary. Failure to
comply with this provision will result in the City not reimbursing or crediting the Developer
for any change orders.
Section 9. Inspection; Completion of Construction. The City Engineer shall have
responsibility for providing inspection of the work of construction of the Improvements to
ensure that the work of construction is accomplished in accordance with the Plans and
specifications approved by the City Engineer. City personnel shall have access to the site of
the work construction at all reasonable times for the purpose of accomplishi ng such
inspection.
No later than ten business days after receiving notification from the City that the
Improvements has been constructed in accordance with the Plans, the Developer shall
forthwith file with the Lake Elsinore City Clerk a Notice of Completion pursuant to the
provisions of Section 3093 of the California Civil Code.
Section 10. Maintenance of Facilities; Warranties. The Developer shall maintain
the Improvements in good and safe condition until their acceptance by the City. Prior to the
acceptance of the Improvements, the Developer shall be responsible for maintaining the
Improvements in proper operating condition, and shall perform such maintenance as the City
Engineer reasonably determines to be necessary. As of the date of acceptance o f the
Improvements, the Developer shall assign to the City all of the Developer’s rights in any
warranties, guarantees, maintenance obligations or other evidence of contingent obligations
of third persons with respect to the Improvements.
Section 11. Insurance Requirements. Without limiting or diminishing the
Developer’s obligation to indemnify or hold the City harmless, the Developer shall procure
and maintain or cause to be maintained, at its sole cost and expense, the following insurance
coverages during the term of this Agreement.
(a) Commercial General Liability: Developer shall maintain commercial
general liability insurance coverage, including but not limited to, premises liability,
contractual liability, products and completed operations, explosion, collages, use of cranes,
and other heavy equipment and underground hazards, personal and advertising injury
covering claims which may arise from or out of Developer’s performance of its obligations
hereunder (“Policy”). The Policy shall name by endorsement the City and its special districts,
respective directors, officers, Board of Supervisors, elected officials, employees, agents or
representatives as Additional Insureds. The Policy’s limit of liability shall not be less than
$1,000,000 per occurrence combined single limit. If such insurance Policy contains a general
aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times
the occurrence limit.
(b) Vehicle Liability: Developer shall maintain liability insurance for all
owned, non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence
@BCL@1010B006 6
combined single limit. If such insurance contains a general aggregate limit, it shall apply
separately to this Agreement or be no less than two (2) times the occurrence limit. Policy
shall name by endorsement the City, its special districts, their respective directors, officers,
Board of Supervisors, elected officials, employees, agents or representatives as Additional
Insureds.
(c) Worker’s Compensation Insurance: Developer shall maintain Workers’
Compensation Insurance (Coverage A) as prescribed by the laws of the State of California.
Section 12. Ownership of Facilities. Notwithstanding the fact that a portion or all of
the Improvements may be constructed in dedicated rights-of-way or on property that has been
or will be dedicated to the City, the Improvements shall be and remain the property of the
Developer until acceptable title thereto is conveyed to the City as provided herein. Such
ownership by the Developer shall likewise not be affected by any agreement that the
Developer may have entered into or may enter into with the City pursuant to the provisions
of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this
Section shall control.
Section 13. Representations, Warranties and Covenants of the Developer. The
Developer makes the following representations, warranties and covenants for the benefit of
the City, as of the date hereof and as of the date of the Payment Requ est is delivered to the
City hereunder:
(a) Organization. The Developer represents and warrants that the Developer
is a California Limited Liability Company duly organized and validly existing under the laws
of the State of California, is in good standing under the laws of the State, and has the power
and authority to own its properties and assets and to carry on its business as now being
conducted and as now contemplated.
(b) Authority. The Developer represents and warrants that the Developer has
the power and authority to enter into this Agreement, and has taken all action necessary to
cause this Agreement to be executed and delivered, and this Agreement has been duly and
validly executed and delivered on behalf of the Developer.
(c) Binding Obligation. The Developer represents and warrants that this
Agreement is a valid and binding obligation of the Developer and is enforceable against the
Developer in accordance with its terms, subject to bankruptcy, insolvency, reorganization or
other similar laws affecting the enforcement of creditors’ rights in general and by general
equity principles.
(d) Completion of Improvements. The Developer covenants that it will use its
reasonable and diligent efforts to do all things that may be lawfully required of it in order to
cause the Improvements to be completed in accordance with this Agreement.
(e) Compliance with Laws. The Developer covenants that, while the
Improvements are owned by the Developer or required pursuant to this Agreement to be
maintained by the Developer, it will not commit, suffer or permit any of its agents, employees
or contractors to commit any act to be done in, upon or to the Improvements in violation in
@BCL@1010B006 7
any material respect of any law, ordinance, rule, regulation or order of any governmental
authority or any covenant, condition or restriction now or hereafter affecting the Property or
the Improvements, including but not limited to the Americans With Disabilities Act (ADA)
of 1990, (42 U.S.C. 12101, et seq.), and regulations and guidelines issued pursuant to the
ADA, and Labor Code Sections 1700-1775, which require prevailing wages to be paid to any
employee performing work covered by Labor Code Section 1720 et seq. Developer hereby
agrees and acknowledges that it has not receive, and is not relying on any statements or
representations by City or any of its officers, agents or employees in entering into this
Agreement, specifically including but not limited to any statements or representations
regarding the applicability or inapplicability o f Labor Code Section 1720, et seq. to the
development or construction of the Project or specifically the Improvements, and Developer
hereby expressly waives, releases and relinquishes any and all rights and interests in and to
any claim it has, or may have in the future, against the City in connection with this Agreement,
including specifically but not limited to any right or interest in any claim pertaining to the
payment of, or obligation to pay, prevailing wages pursuant to of Labor Code Section 1720,
et seq.
(f) Payment Requests. The Developer represents and warrants that it will
diligently follow all procedures set forth in this Agreement with respect to Payment Requests.
(g) Financial Records. Until the final acceptance of the Improvements, the
Developer covenants to maintain proper books of record and account for the Improvements
and all costs related thereto. The Developer covenants that such accounting books will be
maintained in accordance with generally accepted accounting principles, and will be available
for inspection by the City and the City Engineer, at any reasonable time during regular
business hours on two business days’ prior written notice, subject to mutually acceptable
arrangements regarding the confidentiality of proprietary data.
(h) Permits. The Developer covenants that it will obtain all governmental or
other permits required to proceed with the construction of the Improvements and that it will
pay all fees relating thereto. The Developer and the City mutually represent and warrant to
each other that to their actual knowledge, as of the date hereof, there is no material legal
impediment to the Developer’s proceeding with and completing the construction of the
Improvements or to the development of the Property as contemplated by the Developer.
(i) Environmental Matters. The Developer represents and warrants that it has
complied with, has caused compliance with, or will cause compliance with, the California
Environmental Quality Act (“CEQA”) as required for the construction of the Improvements
and its conveyance to the City.
Section 14. Representations, Warranties and Covenants of City. City makes the
following representations, warranties and covenants for the benefit of the Developer:
(a) Authority. City represents and warrants that City has the power and
authority to enter into this Agreement, and has taken all action necessary to cause this
Agreement to be executed and delivered, and this Agreement has been duly and validly
executed and delivered on behalf of the City.
@BCL@1010B006 8
(b) Binding Obligation. City represents and warrants that this Agreement is a
valid and binding obligation of City and is enforceable against City in accordance with its
terms, subject to bankruptcy, insolvency, reorganization or other similar laws affectin g the
enforcement of creditors’ rights in general and by general equity principles.
(c) Completion of the Improvements. The City covenants that it will use its
reasonable and diligent efforts to expeditiously take all actions that may be lawfully required
of it in issuing permits, processing and approving plans and specifications and inspecting the
Improvements in accordance with this Agreement.
(d) Payment Requests. City represents and warrants that it will diligently
follow all procedures set forth in this Agreement with respect to each payment request and
payment of the Reimbursement Amount.
Section 15. Indemnification. The Developer agrees to protect, indemnify, defend
and hold the City, and its respective officers, employees and agents, and each of them,
harmless from and against any and all claims, losses, expenses, suits, actions, decrees,
judgments, awards, attorney’s fees, and court costs (including any claims or liability asserted
pursuant to Labor Code Section 1720, et seq.) which the City, or its respective officers,
employees and agents, or any combination thereof, may suffer or which may be sought against
or recovered or obtained from the City, or its respective officers, employees or agents, or any
combination thereof, as a result of or by reason of or arising out of or in consequence of (a)
the acquisition, construction, or installation of the Improvements; (b) the untruth or inaccuracy
of any representation or warranty made by the Developer in this Agreement or in any
certifications delivered by the Developer hereunder; or (c) any act or omission of the
Developer or any of its subcontractors, or their respective officers, employees or agents, in
connection with the Improvements. If the Developer fails to do so, the City shall have the
right, but not the obligation, to defend the same and charge all of the direct or incidental costs
of such defense, including any attorney’s fees or court costs, to and recover the same from the
Developer.
Section 16. Developer as a Private Developer. In performing under this Agreement,
it is mutually understood that the Developer is acting as a private developer, and not as an
agent of the City. The City shall have no responsibility for payment to any contractor,
subcontractor or supplier of the Developer. Accordingly, this Agreement does not constitute
a debt or liability of the City. Other than as provided in Section 5, t he City shall not be
obligated to advance any of its own funds or any other costs incurred in connection with the
Project. No member, official or employee of the City shall be personally liable to the
Developer, or any successor in interest, in the event of any default or breach by the City or for
any amount which may become due to the Developer or its successors, or on any obligations
under the terms of this Agreement.
Section 17. Other Agreements. Nothing contained herein shall be construed as
affecting the City’s or the Developer’s respective duty to perform its respective obligations
under other agreements, land use regulations or subdivision requirements relating to the
development of the Property, which obligations are and shall remain independent o f the
Developer’s rights and obligations, and the City’s rights and obligations, under this
@BCL@1010B006 9
Agreement; provided, however, that the Developer shall use its reasonable and diligent efforts
to perform each and every covenant to be performed by it under any li en or encumbrance,
instrument, declaration, covenant, condition, restriction, license, order, or other agreement,
the nonperformance of which could reasonably be expected to materially and adversely affect
the design, acquisition, construction and installation of the Improvements.
Section 18. Binding on Successors and Assigns. Neither this Agreement nor the
duties and obligations of the Developer hereunder may be assigned to any person or legal
entity other than an affiliate of the Developer without the written consent of the City, which
consent shall not be unreasonably withheld or delayed. Neither this Agreement nor the duties
and obligations of the City hereunder may be assigned to any person or legal entity, without
the written consent of the Developer, which consent shall not be unreasonably withheld or
delayed. The agreements and covenants included herein shall be binding on and inure to the
benefit of any partners, permitted assigns, and successors-in-interest of the parties hereto.
Section 19. Amendments. This Agreement can only be amended by an instrument in
writing executed and delivered by the City and the Developer.
Section 20. Waivers. No waiver of, or consent with respect to, any provision of this
Agreement by a party hereto shall in any event be effective unless the same shall be in writing
and signed by such party, and then such waiver or consent shall be effective only in the
specific instance and for the specific purpose for which it was given.
Section 21. No Third Party Beneficiaries. No person or entity, other than the City,
shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either
express or implied) is intended to confer upon any person or entity, other than the City and
the Developer (and their respective successors and assigns), any rights, remedies, obligations
or liabilities under or by reason of this Agreement.
Section 22. Notices. Any written notice, statement, demand, consent approval,
authorization, offer, designation, request or other communication to be given hereunder shall
be given to the party entitled thereto at its address set forth below, or at such other address as
such party may provide to the other party in writing from time to time, namely:
Developer: TOLD Properties, LLC
Attn: Rod Gilbert
621 Via Alondra, Suite 602
Camarillo, CA 93012
City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92539
Each such notice, statement, demand, consent, approval, authorization, offer,
designation, request or other communication hereunder shall be deemed delivered to the party
to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by
electronic communication, whether by telex, telegram or telecopy, upon the sender’s receipt
@BCL@1010B006 10
of an appropriate answerback or other written acknowledgment, (c) if given by registered or
certified mail, return receipt requested, deposited with the United States mail postage prepaid,
72 hours after such notice is deposited with the United States mail, (d) if given by overnight
courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e)
if given by any other means, upon delivery at the address specified in this Section.
Section 23. Jurisdiction and Venue. City and the Developer (a) agrees that any suit
action or other legal proceeding arising out of or relating to this Agreement shall be brought
in state or local court in the County of Riverside or in the Courts of the United States of
America in the district in which the City is located, (b) consents to the jurisdiction of each
such court in any suit, action or proceeding, and (c) waives any objection that it may ha ve to
the laying of venue or any suit, action or proceeding in any of such courts and any claim that
any such suit, action or proceeding has been brought in an inconvenient forum. Each of the
City and the Developer agrees that a final and non-appealable judgment in any such action or
proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the
judgment or in any other manner provided by law.
Section 24. Attorneys’ Fees. If any action is instituted to interpret or enforce any o f
the provisions of this Agreement, the prevailing party in such action shall be entitled to recover
from the other party thereto reasonable attorney’s fees and costs of such suit (including both
prejudgment and post judgment fees and costs) as determined by the court as part of the
judgment.
Section 25. Governing Law. This Agreement and any dispute arising hereunder shall
be governed by and interpreted in accordance with the laws of the State of California.
Section 26. Incorporation of Recital. The parties acknowledge the facts as set forth
in the Recitals above and agree to the incorporation of the Recitals as though fully set forth
herein.
Section 26. Usage of Words. As used herein, the singular of any word includes the
plural, and terms in the masculine gender shall include the feminine.
Section 27. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
[Signatures On Next Page]
@BCL@1010B006 11
IN WITNESS WHEREOF, the parties have executed this Agreement as of th e
respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Date: _________________, 20___ By:_____________________________
Jason Simpson, City Manager
ATTEST:
CITY CLERK
_____________________________
Candice Alvarez, MMC, City Clerk
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
_____________________________
Barbara Leibold, City Attorney
“DEVELOPER”
TOLD Properties LLC, a California limited
liability company
Date: _________________, 20___ By:_____________________________
Its:__________________
Date: _________________, 20___ By:_____________________________
Its: __________________
EXHIBIT “A”
PROJECT SITE PLAN
EXHIBIT “B”
TIF ELIGIBLE IMPROVEMENT PLANS
EXHIBIT “C”
ENGINEER’S ESTIMATE
EXHIBIT “D”
CONDITIONS OF APPROVAL
E VW22'E 13�O.P3'.. ::rr r■ - -
'
'�, a oas.na lrpte�la:aL .I%IgSR19Irp14,AlAL �•---- w' -
lE,B'R 147 - ,ICa:IY rrB IY t sY9rrW 'saE af9b111s Plweertr'-r■•t!4• .w'-e r11 7i'Iuwc ar-0Y�� l � �
ass w
• - I _ 3 P.95 faltCS.�re/I�Oc:
.. Q. J• _ _ - - 0 _ ! I � \1 � ��� .. irr.al, riss tiil•r7 r51:
1 �I� rr IF.•i�- y r --irr d-■,or � Staa® �' - � ? a� r tI .. sr-f rr g a+fl I I I„ 1
PASADENA
I �rMm
LDfNGiW a IL-MIN I I BUILQING L sbi sF }- B ILD€NG I IT w"w n . .wed
SEOM _ X f r 9:978SF a $154SF' s&635SF ® 11 � Ull i� I Ia&R4:q-,,a.eKL
Fmm El CI r-ie r1Y ` m r 20,976 Sf I� I •,VwA CA 4="
_ IY tr r ral® T , :0cH.7m
Li u I � ` •I � ' � 'l:.=tr.'• f ' r la :mac � I � ..
�Ir a s4■ . +z,' r r li r r sr. it-]r!r mor r x' r r v Q! a p•or.�.• I J
I -•.. R ]a.a r r a W verr ow.•a r r r ! Ir ->t xa S7r _ .
I' 30,9895E !. " rr r er•rr r •rr r-,i a,p e7e-•rY • Y waEW r 1 1= J
a ss..►rr r r Y r r.r, r �'i yY V Y ]�.■ar p,F.■]0' ::. r r r r .
- •,�, - r_me �'.]va �r_ -- � - - - - ��. -- - ._- �
BUI IN P. B ILDI G
a. .p•.
17:79 SIF I I^ I 1 ,6Z�SF
1 _ N Yi I
mE '�„ s _ LE
-
= I - n�- I.i BULL 'ING B
g -rT 49 r �Q JI I� I W3'
I Fr lILIVE
I:I
12,91�8 SF I '
SE]suL rLWu ^om U LJ I? : BUI IN Q I I I B LDI G I co` ■i]Ht+rL pI.,R6 av
Lor -!_ -...P. �� I'? A 1S, I , - I 1.409 F I I •� Fregasyr - _fl 7- r•:7]�sTlnsµ 5ace. Q
r ® T rr Mill 1111HITI Ill
TVL! r -r ,]s•.•]r 7r esP�:tTr- -s. o a a Ir _r:F_•x r tt9,.F■1' .aLitr `r r
y J 1 [r7
FP. r r V e9.•]Y 2 aIs•]T r r r] ■]r,( ■SP.o-e r Y e^r S-r ,' S7P.■�V r r SSr.•K }y,•dr r r r] ..YY x •'�",�
s BEPFG
V ROOIt ^ - - ■ -
- nn - - - LLJ
-
1 I� a II - r Z
LiU I D I; .�vr
•Ff r• r a>P•s'
gi LVI�6IIVBUILDINGIP f
� ' BUILD NG G
BUILDING TI-I I 9,076 F 9. SIF I IL I,7068F ,7wS
23,3665E 12:���tltltl��tltllaaaaa SF 9:706 SF 9.T0fi SF 0 Q`
2Z=Sr. k I k 10.4775E40
sxmR • I f = } J I BUI ING D
. u s srr - :.. - - o p rATm- - I 5H0 SF s Q c�V
,<m■r>e-. O r> s19c,_•_,R Ua' O v p I. ' i
- -� 1W a
s o _ _ JIFU LULILLJ
_ __ - --- - - I ^�
"� _ 3� - - ---1' .1 - _ : l - - - - -- - yt6r•5 L..� T7
y - _
• 1- sue. er- .�^ .�,.i70.y-eP I _ .wss55'r5-w to. �t t - - � �. _ _ _- - - - _ N56"��..-� n
_ -- .,n•lone _•i ,-_ -- ram"="'-- - -.,� .. -- _- m of 3x= - �r .�$
L- rw,yY ,m eu,nlc
LL-
as
,]a•.s■o■n -��-
■•■fi 'a� s]p'Iu1Yf f
-
I LAKEEL�S MORE OULET CHANNEL
'7FIPNNhG SPACES
CONCEPTUAL SITE PLAN I N
PRO ECT DATA SITE J ROOF LEGEND SIi�E f ROOF LEGEND
LEGAL DE5GRIPT[ON: MILDIN6 DATA: 517E DATA: UTILITY PURVEYOR5:
LOT II IN&OCK A OF THE 9J WWI510H Or J3A VWR BVILDJN6 A, 2O.T m S9.FT. SITE AREA(6ROSW: F'152.420} R55 ACi, F151NORE VALL.EY MAICIPAL INATSR MSTWT ASPHALTIC COWREM PAWING PER SOL ENJ NEER5I�COMET�ATICR15, =
A5'Ji01•!'J BY MAP CIF FILE IN BOOK$,PAGE 37T OF EVILOIN&& 12,g0m SQFT. 517E AREA(FB:T) R21 AG- 31915 CkiAYET'STRpET ,.c,r,..,aav-s _
MAps,SeV1 DIEEd CGIAFTY REC,OIFUOROS EMLEPr1N6 9VIL.DRIEr C-: 10"m S TOTAL PUILDIN$AREA:: Sf9.445$QFT. LP E SIN7WE,GA 125W a DRI1�d11Y ArPZ*6 TO 1 E CoNsTRzTED+�M A550CIAlION SUIV:LIW;f,,5EE GML � �•��"OR i""-"tee � �,,�p�R r"�'TF�OM THE E CFT+OF L.iY EELSIWRE BY V BULLDINS O: 4AM r�Q}T. FAR m qOq-614--3i24 DRAHNS5 PREMIX HAEFM GONGRL'TE W LIGHT BROOM FK AT ALLRmxm '�'F P��-� I•,awrmr inc® t-cars rlm,
CCYIwfFYED 70 THE CITY OF LAKE ELSINCRE BY GEED TOTAL 5HOHFOOM AREA 53.98g SOFT. FAVEMEM AREA.fSFA.t) 453AL DRIVE LL7GATfJeM. PROJICE VERYIGA,1 t HOR12O7RAL E]PAN510N,lO1NT5 AT A ■rntcw.■a rw.e.b ss,.,.L Gm: td¢yaLCM
OFF16A R MARCH O F RPA A5 HI;iCFLIHO.129'r5, LATD5G4 AREA:(5FM I PT.1% 5OUTHEM CALIFORNIA EDISON CO. MAIaH•H OF 15'06 SFAW". C rre x Ib w- iaa.pe ue.]G EML � FNr1AY
OFFIGV-RECORDS OF RIVEi2�j1pE CommY. BFIILDINS E: 9706 SOFT. 261(.17 MENIFtE RD. /� i� t'�`4'`•`niw zr�.xw•lT.4.L -�_ wu,r-„ar ova
Bull-OIN6 F. Vo SQFT. PARKING F15MIRED: ROHOLANO,CA g2.�iEO \J 4'THICK EKMNICID CONCRETP?01K NAY. MEET ADA ACCE551BRITY nr: oEa6-�Yi
APN: 3TT-140-024 SUILDIM5�' 12,,04 S0jFT. 4P"2"252 R52 JIRBgENTS AS SIIMA JAI p IN SECTION 7 CK SNIT A03. C r recrs nua_ -a- yeti na:AmbAi-
EUILDIN6 H: IbAom SQFT, 55,9$9 5OFr..SHOHROOM EULDINO AREA RE E OJETAfLS 4,5•AND 6 ON Am,Amu ri"WC'REY LOCATu6
BURDIN5 J. 1&pm 60i r, O I SPACE 1400 WET, J55 5PACE5 5O nHMN GALIFORNIA 6M COWAMY (�} TRAIISFORAER PAP PER 5OE REfJ11REM5NT5 rsl�ux -ww.rwY+,aF rn�wva
517E ADDR 55: EUILDIN6 k: bAh.)SOFT. (CaMMMMIAL I Mk4A-ACT1LWQ I Id.W 1.6150HIA AVE. v - xu.�rwm rocs
CFWEY I THIRD!5 RC^5TeEET5,LAKE ELSINORE EJIILOIN5 L: 5-Am SOFT. R1DI�,CA,123Td -
13VILDINIS M. $J54 5a.Fr- 225,401 5L7.FT.INDL5TRJAL BUILVAS AREA g�2�73-" 5 TRASH EN0.O5ERE fl2'-0'x T-S'LLEM DIMEW5iIOT✓% 5M DETAIL 12 1 Ard, VICINITY
1,1�-�/ a
BVILDI IG N: Vne,SOFT. •1 SPACE I SGr7 EaFT. 451 SPACES GGf+LRETE AFROK TO HE 6'THICK,3OW PSI V ICII�I I I MAP
ZONING DATA: WILDIH5 F: Tm 69Y7. (MA1lFACTI.R ) LOFY.AST CABLE HANDICAP ACOo 4518 LIn EHRiY 566H-SEE vAO9
WILD HE a 15�&3 SRYT. TOTAL PARKINS REWIRED 5C6 5PA.CES 23m POFbNA-RIFy'�]}l RA. _
FXIGVW5 51TE ZONE: F41=LIMITl�MANWACTLRIN6 eluuZIN6 F2 gp7g rs,FT. qR� /�
6EFERAL PLAN: LIMITED IF17V5TRfAL WILDIN5 Sa gp76 5aF r.. g04-T10-CA 0 IlAlt]ICAP 1N5IEMIA-50 41A03 - �.}J•
LK15TINS L6F: We"LOT BUILDINS T: PARKIN&PROVIDED: ]
FRDF05M LeE: LIGHT IHPV5TR.AL OFFICE rIR$T FLCr7R 22-W Sarr. ! �lfATd71CA1'ALCE551E+LITY SION. KALL44M a iF POSSELE_ SEE 3JAO.9 fSIM} SITE PLAN
STANDARD 146 SPACES ���I-E3 C•O7'PANY ���
56C'aw FLOOR ISO SG!?. 5V411ROOM ALLESSIHLE 6 SPACES 150 5.Jl7AI4rA 5T. (� HANDIr"ACCES51EIL1TY SIGN WITH ADDITIONAL VAN AGC�SIBL.E SI611 PHR :?'*�.ti _., .._. i
�I IN6 DATA: TOTAL BPS,-= 23.�,G-6 5aFT. TOTAL 5HOHROOM PARKM5 IM SPA4E5 FEF4T.LA 97546 v Lr.-5rGTIGH I12965. K LL-MDLW IF S0hIBLE. SEE 5/A03 FOR SIM.DETAIL e _
9171LDRY U: gOq•425-621J •, .
FIRST FLOOR: IgAg6 SC2FT, 19 I.N LINE ail:5 RAMP AT DI5A=Ae,. FATE{CF TRAVH. SEE FISA 5-CIAp3 �.
6OVERNIFLS CODE: 2Ca71 DEG,7001 CFi: Q&4GTRIAL SYAW]ARD 447 SPADES - • .
SfSG�FLOOR l,DOO SQFT
OCCMAHG a F-r,-N TOTAL BLM-V: WIJ.6MAL ALGE55IELE 40 SPADES l I MdL.1-1EMM SIGN v - '<TYPE OF COFLri7IiI,CTICIL MO BUl-7 ?V- SQ.FY TOTAL IFIDU57R1AL PAR1ClH6 4S7 SPACES PRD.-, PHA.-. .-. i _ - .. ..., - - 1 SNn1Y.rtcr:
s Es: "':Y'
UNDERGROUND STRUCTURES INTERIM SIGNAL PHASE DIAGRAM NEW SIGN ON THIS SHEET EQUIPMENT SCHEDULE
POLE DATA L.E.D. • SIGNAL HEADS PED. PUSH BUTTON POLE LOC.A
R3-4
ALL UNDERGROUND UTILITIES OR STRUCTURES REPORTED BY THE OWNER OR OTHERS AND SIGNAL AND MOUNTINGS
R9-3 R3-18 R61-19(CA) I.I.S.N.S
THOSE SHOWN ON THE RECORDS EXAMINED ARE INDICATED WITH THEIR APPROXIMATE LOCATION » » » " " " NO. TYPE HEIGHT M.A. M.A. WATTS VEHICULAR M.A. PEDESTRIAN TYPE PHASE QUAD. "B" "E" "C"
AND EXTENT. THE OWNER BE ACCEPTING THESE PLANS OR PROCEEDING WITH IMPROVEMENTS XNOTSED (24 X24 ) (18 X18 (24 X24 ) (36 X30 ) 2—MAS _
PURSUANT THERETO AGRESS TO ASSUME LIABILITY AND TO HOLD UNDERSIGNED HARMLESS FOR OA 19-4-100 30' 30' 15' 166 SV-2—TB F=12' — AS SHOWN — 5.5' Chaney St
ANY DAMGES RESULTING FROM THE EXISTENCE OF UNDERGOUND UTILITIES OR STRUCTURES NOT REPORTED TO THE UNDERSIGNED: NOT INDICATED ON THE PUBLIC RECORDS EXAMINED: THE 1 01 1 02 1 03 04 OB 15TS 30' — 15 ■ 166 SV-2—TB — — — — — AS SHOWN — 3' Collier Ave
CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURE TO PROTECT UTITLIES OR _ —
STRUCTURES SHOWN AND ANY OTHER UTILITIES OR STRUCTURES FOUND AT THE SITE. IT SHALL CO 17-3-100 30 20 15 166 SV-1—T MAS — — — —8.5' 7.5' Chaney St
BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNERS OF THE UTILITIES OR XNOTUSED XNOTUSED NOT USED ONLY ONLY OD 15TS 30' — 150 166 SV-1—T — SP-1—T APS 02 E —13' — 6' —
STRUCTURES CONCERNED BEFORE STARTING WORK.
EO 1 —A 10' — — — TV-2—T — TP-1—T APS 42 W 13.5' — 5.5' —
05 �6 �7 �8 CONTRACTOR TO TRIM BACK TREE TO
ENSURE THA T SIGNAL /ND/CA 77ONS O 1 —A 14' — TV-1—T — — — — — AS SHOWN — 3'ARE !9SISLE FOR POLE B. ALL EQUIPMENT IS NEW SEE COUNTY TRAFFIC SIGNAL IISNS
♦ LUMINAIRE SHALL BE LATEST GE LED, MODEL (INTERNALLY ILLUMINATED STREET NAME
PR. SIGNAL EASEMENT NO. ERLH-0-13—C3-40—A—GRAY OR APPROVED EQUAL. SIGN) STD. DRAWING NO. 1200,
�4 6 • INSTALL STRAIGHT ARM LUMINAIRE ARM. EDGE—LIT STYLE.
R16-19(CA) 5 ,CONTRACTOR TO SURVEY POLE
LOCATIONS FOR POTHOLING PURPOSES
COLLIER STA 20+30 N O 7 R/W PRIOR TO ORDERING POLES.
R/W — A 5 R9-3 1 Q 51
R9-3 A VENUE (45 MPH) EX. CURB 8c GUTTER
Ae
O e
EX. CURB & GUTTER — 0 — — _
9 44 7 4 04
01+06 4 � �4 04 6J2L M LIMIT INO 6J2U
�
M 6 01+06
2 / DETAIL "A"
5 R3-4 111 L 111 U
01 0 0
DO o (.0 — — "ammommis
—
212U 285' TO 17 18+0 N 19+00 212L 20 a 5 R3-18 21+00 22+00 3+00
LIMIT LINE CONTRACTOR TO COORDINATE WITH 02 4 02 0
SCE FOR STREET LIGHT RFMOVAL
ss 02 6 v
213L
00
NEW 2"C., 2#10, 2#12, 1#8 02 0 0 EX. EOP
TO 6E PULLBOX NEW 2 C. �i'--r 5 R9-3 RE —
6 F F
01 4 O dH❑ R/W
-Vow i
❑HP ❑HP R /fin/ ❑HP ❑HP— 2 ] - —
_ 3
EX. CURB GUTTER 3 6 02P Cf)
2 5 �2PJ CONSTRUCTION NOTES:
E D
s O
O � FURNISH AND INSTALL NEW MCCAIN 2070 EX SYSTEM CONTROLLER IN FULLY
NEW 1"C., 3#6 1#8 WIRED NEW 332L CABINET AND PROVIDE ANCILLARY EQUIPMENT AS NECESSARY
R9-3 5 FOR INTENDED OPERATION WITH EXTERIOR BATTERY BACK—UP SYSTEM PER CITY
THE EXACT LOCATION OF EX/STING
04 SPECIAL PROVISIONS. SET ON TOP OF FOUNDATION 18" ABOVE GRADE. FURNISH OVERHEAD UIIL/TIES SHALL BE »c,
SPARE MCCAIN 2070 EX CONTROLLER IN CABINET. CONTROLLER TO HAVE OMNI VER/F/ED BY THE CONTRACTOR IN THE
GENERAL NOTES: SOFTWARE. FURNISH AND INSTALL MODEL 764 PHASE SELECTOR. FIELD. THE ENGINEER ASSUMES NO w
LIABILITY AS TO THE EXACT LOCATION
1. ALL WORK, MATERIAL, AND EQUIPMENT SHALL CONFORM TO THE REQUIREMENTS OF THE CALIFORNIA DEPT. OF TRANSPORTATION, FURNISH AND INSTALL 120/240V TYPE III—CF SERVICE WITH 120V 50A METERED
OF SAID LINES NOR FOR U11L/TIES OR � ECR
/RR/GAT10N LINE 1M�10SE LOCATIONS NOTE:FOR "A", B" AND "Cn
STANDARD PLANS AND STANDARD SPECIFICATIONS DATED 2018, THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL SIGNAL CIRCUIT, 120V 15A I.I.S.N.S. CIRCUIT, AND SEPARATE METERED 120V 30A ARE NOT SHOWN. w DIMENSIONS, SEE POLE
DEVICES (CA MUTCD 2014), THE COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT REQUIREMENTS, THE CITY OF LAKE LIGHTING CIRCUIT. BY SCHEDULE OR As DIRECTED
ELSINORE REQUIREMENTS, AND THE SPECIAL PROVISIONS FOR THIS PROJECT. Cn
BY ENGINEER
2. UTILITIES SHOWN ON THESE PLANS ARE CORRECT AND ACCURATE TO THE EXTENT OF AVAILABLE RECORDS AND KNOWLEDGE. 10) METER A: TC-1: 2—POLE, 100A, 120/24OV, MAIN CB °�' m
THE CONTRACTOR, HOWEVER, IS REQUIRED TO ASCERTAIN THE EXACT LOCATION OF UNDERGROUND FACILITIES PRIOR TO DOING SERVICE ADDRESS: SIGNAL 1—POLE, 50A, 120V, CB "B"
WORK THAT MAY DAMAGE SUCH FACILITIES OR INTERFERE WITH THEIR SERVICE. THE CONTRACTOR SHALL BEAR THE TOTAL I + 18651 COLLIER AVE VIDEO : 1—POLE, 15A
EXPENSE OF REPAIR OR REPLACEMENT OF ANY UNDERGROUND FACILITIES DAMAGED BY HIS OPERATION. PHONE UNDERGROUND
SERVICE ALERT 811 MINIMUM 48 HOURS IN ADVANCE. 0 I
3. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS AND NOTIFY ALL UTILITY COMPANIES AND UNDERGROUND SERVICE METER 2: LS-3 2—POLE, 100A, 120/ 240V, MAIN CB cF
ALERT A MINIMUM OF 48 HOURS PRIOR TO START OF CONSTRUCTION. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR EX. CURB SERVICE ADDERSS: LIGHTING : 1—POLE, 30A, 120, CB
TO COORDINATE ALL PHASES OF CONSTRUCTION WITH THE VARIOUS UTILITY COMPANIES INVOLVED INCLUDING SCE. EX. CURB 8c GUTTER 8c GUTTER 18653 COLLIER AVE IISNS : 1—POLE, 20A, 120V, CB , POLE LOCATION DETAIL
4. THE CONTRACTOR SHALL POTHOLE PROPOSED TRAFFIC SIGNAL POLE LOCATIONS FOR UNDERGROUND UTILITY CONFLICTS PRIOR PEV : 1—POLE, 15A, 120V, CB NO SCALE
TO ORDERING POLES.
5. ALL TRAFFIC SIGNAL EQUIPMENT SHALL BE FURNISHED AND INSTALLED BY THE CONTRACTOR UNLESS OTHERWISE SPECIFIED. I 3� INSTALL 3"C. AND PULLROPE FROM SERVICE ENCLOSURE TO SERVICE POINT AS
DETERMINED BY DALE NELSON OF SCE — (951) 249-8352.
6. ALL RED, YELLOW, AND GREEN SIGNAL INDICATIONS, AND PEDESTRIAN INDICATIONS SHALL BE LIGHT EMITTING DIODE (LED). Cn CONDUCTOR SCHEDULE
SIGNAL LENSES SHALL BE 12" WITH BLACK METAL HOUSING, TUNNEL VISORS, AND BACKPLATES. 100 4� INSTALL NEW HYBRID VIDEO/RADAR DETECTION CAMERA ON SIGNAL MAST ARM.
P CONDUIT SIZE AND RUN
FURNISH AND INSTALL NEW VIDEO DETECTION PROCESSOR AND EXTENSION
7. THE LOCATION OF SIGNAL POLES, CABINETS, AND OTHER EQUIPMENT SHOWN ON THE PLAN IS APPROXIMATE. THE EXACT � MODULES ITERIS VANTAGE NEXT IN CABINET IN ACCORDANCE WITH AWG SIZE
LOCATION SHALL BE DETERMINED IN THE FIELD BY THE ENGINEER OR ENGINEER'S REPRESENTATIVE. ( ) OR PHASE o
TO
8. STREET NAME SIGNS SHALL BE EDGE—LIT LED IISNS PER COUNTY OF RIVERSIDE STANDARD 1200. IISNS SHALL HAVE WHITE 50' S0' CONTROLLER AND ALQLUIREMENTS APPURTENANCES INCLUDINECESSBARY LING FROM TO PROVIDE CAMEIRNTENDED CABLE TYPE E L��AAAA o
LETTERS ON BLUE BACKGROUND WITH CITY LOGO AND "CITY OF LAKE ELSINORE" BELOW STREET NAME. O OPERATION. o
NOq7T
01 ,44,06 — — 2 — 2 2
9. PEDESTRIAN SIGNAL FACES SHALL BE LED COUNTDOWN TYPE. I I � — 0 — 0 0 0
INSTALL TRAFFIC SIGNAL STANDARD MOUNTED SIGN AS NOTED PER CALTRANS 12 04,06 1 0 1 0 — — 1 0 1 0
10. PEDESTRIAN PUSH BUTTONS SHALL BE APS PUSH BUTTONS WITH INTERNATIONAL SYMBOL SIGN PLATE PER CALTRANS SIGN o STANDARD PLAN RS4 OR ES-7N, DETAIL "U". q2 _ — — 1 p 1 p 1 p 1 0 0
SPECIFICATIONS R10-3. CONTRACTOR SHALL PROVIDE APS PUSH BUTTON CONFIGURATOR DEVICE IN CONTROLLER CABINET. _U 5' 13' 16' 12' 19,
I I 6❑ INSTALL 3M OPTICOM DETECTOR MODEL 721 ON SIGNAL MAST ARM PER COUNTY D4,�2P D2PPB 1 1 1 N
11. ALL NEW CONDUIT SHALL BE 3" PVC UNLESS SHOWN OTHERWISE. RIVERSIDE STD 1202. 01 ,42,02P 02PPBCn
12. CONTRACTOR SHALL PLACE CONDUIT BY JACKING OR DRILLING UNLESS APPROVED BY CITY ENGINEER OR HIS REPRESENTATIVE. 7❑ INSTALL POLE SHAFT STREET NAME SIGN PER RIVERSIDE COUNTY STD. PLAN �4 1 0 1 0 — — 1 0 1 0 0
I I 1200. STREET NAME SIGN SHALL BE PER CITY REQUIREMENTS. TOTAL CABLES — 12 CON / 3 CON 2 0 4 0 1 0 2 1 7 1 8 2
13. ALL TRAFFIC SIGNAL DETECTION, SIGNING, PAVEMENT MARKINGS, AND STRIPING FOR ALL DIRECTIONS SHALL BE COMPLETED #8 GROUND 1 1 1 1 1 2
PRIOR TO TRAFFIC SIGNAL ACTIVATION. INSTALL #6 PULLBOX AND 2" CONDUIT FOR FUTURE INTERCONNECT. INSTALL #10 LUMINAIRES 2 1 2 2 2 2 — o
I❑ CONDUIT INTO CONTROLLER FOUNDATION. I
14. CONDUCTOR SCHEDULE IS FURNISHED AS AN INSTALLATION GUIDELINE ONLY. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY o I #12 IISNS 2 2 2 2 2 —
+
TO PROVIDE THE CORRECT CONDUCTORS REQUIRED FOR THE INTENDED OPERATION. 9❑ INSTALL OPTICOM GPS ANTENNAE, WIRING, AND MOUNTING ON POLE A PER VIDEO COAXIAL CABLE 1 2 1 1 3 3 Ln
MANUFACTURER'S SPECIFICATIONS. VIDEO VIDEO POWER CABLE 1 2 1 1 1 3 1 3 i
15. ALL WIRING AND EQUIPMENT SHALL BE MARKED (TAGGED) WITHIN THE CONTROLLER CABINET FOR PHASE IDENTIFICATION. I I EVPE 1 2 1 1 1 3
16. UNDERGROUND SIGNAL LIGHT CONDUCTORS SHALL NOT BE SPLICED. I GPS
LEGEND PERCENT FILL 9% 19% 9% 12% 20% 20
17. SEE CALTRANS STD. PLAN ES-1 A AND ES-1 13 FOR SYMBOL AND ABBREVIATION LEGEND. Cn I R CONDUIT SIZES (INCHES) 4" 4" 1 4" 1 4" 2-4"2-4E 0
3
18. ALL VEHICLE DETECTION SHALL BE VIDEO DETECTION. DETECTION ZONES FOR VIDEO DETECTION SYSTEM ARE SHOWN AS A ® — VIDEO DETECTION ZONE (BIKE & VEHICLE) 0ALL CONDUIT AND CONDUCTORS ARE NEW.
GUIDELINE ONLY AND ARE NOT A PHYSICAL INSTALLATION. � L
Y
VIDEO DETECTION CAMERA
°
19. ALL SALVAGED EQUIPMENT NOT REUSED PER PLAN SHALL BE DELIVERED TO THE CITY OF LAKE ELSINORE CITY YARD UNLESS
OTHERWISE DIRECTED BY THE ENGINEER IN THE FIELD. I — EVP
0
G
20. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO HAVE VIDEO DETECTION CAMERA, EVP, CCTV CAMERA, AND OTHER SPECIAL Tr — MAS ARM MOUNTED SIGN T
EQUIPMENT MANUFACTURER'S REPRESENTATIVES AT THE SITE DURING INITIAL TRAFFIC SIGNAL TURN—ON/ACTIVATION. o J 3
Q I GA
21. ALL PULLBOXES SHALL BE #6 UNLESS NOTED OTHERWISE. I I o
r7 I
CV X
Cn DETAIL "A"
co I 20 10 0 20 40 a
12", 4—SECTION VEHICLE HEAD
1 � _ I NO SCALE
SCALE IN FEET
CHANEY STREET (40 MPH) 1 inch = 20 ft.
MARK RfWSIONS APPR. DA TE THESE PLANS HAvf- BEEN REY/EWED FOR COMPLIANCE W/TH THE PREPARED BY 'SQL LI N SCOTT, LAW GREEN SPAN, ENGINEERS CITY OF LAKE ELS//YORE SHEET 3
APPROPRIATE COND/T7ONS OF DEVELOPMENT AND/OR C17Y AND STATE OQ�OFESSION�I TRANSPORTATION PLANNINGG - TRAFFIC ENGINEERING - PARKING
LAWS AND A PERMIT MAY BE ISSUED. �e�' Fti SPANo 600 South Lake Avenue, Suite 500, Pasadena, Co 91106 (626) 796-2322
■2 Executive Circle, Suite 250, Irvine, Ca 92614 (949) 825-6175
JOHN P. KEATING fn ❑4542 Ruffner Street, Suite 100, Son Diego, CA 92111 (858) 300-8800
ILLINo. C43595 FAIRWAY BUSINESS PARK
f SCALE BENCH MARK.- TRAFFIC SIGNAL PLAN OF SHEETS o
10/1/20 ExP12/31/20 COLLIER AVENUE
REMON HAB/B
DATE N P. KEA NG DATE sqT� civic o��� AS SHOWN F/LE No. o
CITY ENGINEER R.C.E. No. C43595 of cA�-�F AT CH AN EY STREET
CITY OF LAKE ELS/NORE DATE: 7/3111.9 z
10/8/2020
Road Signage, Striping and Traffic Signal Work for Collier Ave and Chaney St - Lake Elsinore
HBI CONSTRUCTION, INC - BID
CSI CODES DESCRIPTION TOTAL
01010 GENERAL CONDITIONS $42,745
01050 CONSTRUCTION STAKING $2,650
02050 SWPPP INSPECTIONS AND REPORTING Exclude
02060 EROSION CONTROL AND SITE WATERING Exclude
02510 TRAFFIC SIGNAL WORK $227,577
02520 STRIPING AND SIGNAGE $22,145
STREET LIGHTS Exclude
SUBTOTAL $295,117
19500 HBIINSURANCE $2,951
20020 HBI FEE $29,807
TOTAL $327,875
Our price includes
1 Pricing is based upon the award of Pennington Industrial Project to HBI
2 Pricing is based upon concurrent construction with the Pennington Industrial Project
3 Project Manager and Superintendent will be the assigned to the Pennington Industrial Project
but will manage this work for this contract.
4 Traffic signal and Offsite signage and striping identified on the ROAD SIGNAGE, STRIPING AND
TRAFFIC SIGNAL PLANS for Collier Ave and Chaney Street City of Lake Elsinore(Sheets 1-3)
-Sheet 1 of 3 by SWS Engineering, Inc. dated 8/22/19
-Sheet 2 of 3 by Linscott, Law&Greenspan, Engineers dated 7/31/19
-Sheet 3 of 3 by Linscott, Law&Greenspan, Engineers dated 7/31/19
Note: These are unapproved plans.
5 Potholing or exploration costs to locate utilities is limited to what the traffic signal contractor typically provides.
No other potholing or patching is included.
6 8"core, patch and seal for each pothole. Note:These streets are new. The City may require more extensive
repair. If so these costs are not included.
7 Subcontractor pricing good thru 10/31/20.
8 20'of SCE conduit in dirt(No SCE feed point is given)
Our price excludes
1 Permits, Fees, Bonds, Builders Risk Insurance and deductibles, Plan Check, Testing& Inspection Costs,
and Conditions of Approval requirements unless depicted in the details of the plans.
2 Unidentified subsurface conditions including but not limited to undocumented fill, hard dig, buried asphalt,
dewatering, septic systems,tanks or utilities that are not located on the plans, etc.
3 Costs involved if a pole foundation conflicts with existing utilities. Relocating a pole may incur
additional costs for a new pole, bigger foundation, delays etc.
4 Demolition, Relocation or Repair costs for unidentified utilities(if encountered)
5 Remove&replace of asphalt and concrete(other than potholing)if required
6 Delays and costs caused by material shortages or rationing
7 Costs for prevention or delays caused by the COVID-19 pandemic.
8 Delays caused by:weather that exceeds 10 days,Authorities Having Jurisdiction, City Officials,Architect, Owne
Unions, SCE,telephone company, gas company,water department and sewer departments and long lead items
9 Cost impacts due to rain including but not limited to general conditions beyond 10 days, pumping of site or trenc
aeration of soil, drying, etc.
10 Material price escalation
1
PA 2017-17/IDR 2017-01/TPM 37337 Planning Commission: November 7, 2017
Conditions of Approval City Council: January 9, 2018
regulations.
61. In accordance with Project phasing plan, the applicant shall submit a traffic control plan
showing all permanent traffic control devices for both onsite and offsite improvements,
which plan shall be approved by the Director of Public Works prior to occupancy of the
corresponding Project phase. All traffic control devices and signing and striping shall be
installed prior to issuance of the Certificate of Occupancy.
62. All improvement plans shall be digitized. Provide on compact disc or DVD GIS Shape files
of all final maps and street and storm drain plans, prior to first final occupancy. *ALL DATA
MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S.
Fleet.
63. All utilities except electrical over 34.5 kv shall be placed underground, as approved by the
serving utility.
64. Developer to provide access, to property owners and utility agencies, to property to the
west of the tract including during construction.
Grading
65. The applicant shall apply for and obtain a grading permit with appropriate security prior to
earthmoving activity and building permit issuance.
66. The applicant shall provide updated soils, geology and seismic report including street
design recommendations. The applicant shall provide final soils report showing compliance
with recommendations.
67. All grading shall be done under the supervision of a geotechnical engineer and he shall
certify all slopes steeper than 2 to 1 for stability and proper erosion control. All
manufactured slopes greater than 30 ft. in height shall be contoured.
68. Prior to commencement of grading operations, applicant shall provide to the City a map of
all proposed haul routes to be used for movement of export material. Such routes shall be
subject to the review and approval of the City Engineer.
69. Applicant shall provide to the City a video on DVD baseline record of the condition of all
proposed public City haul roads prior to issuance of any permit. In the event of damage to
such roads, applicant shall pay full cost of restoring public roads to the baseline condition.
A bond may be required to ensure payment of damages to the public right-of-way, subject
to the approval of the City Engineer.
70. Applicant shall provide the City with proof of his having filed a Notice of Intent (NOI) with
the Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water pollution prevention plan prior to issuance of
grading permits.
Improvements
71. Project drainage shall be conveyed to a public facility or accepted by adjacent property
owners by a letter of drainage acceptance or conveyed to a drainage easement. All storm
Applicant's Initials: Page 8 of 19
PA 2017-17/IDR 2017-01/TPM 37337 Planning Commission: November 7, 2017
Conditions of Approval City Council: January 9, 2018
drainage traversing site shall be collected and conveyed by a method approved by the City
Engineer.
72. On-site surface drainage shall not cross sidewalks.
73. Onsite drainage facilities conveying offsite drainage shall be contained within drainage
easements shown on the final map. A note should be added to the final map stating:
"Drainage easements shall be kept free of buildings and obstructions".
74. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by
City Engineer prior to issuance of Building Permit. Developer shall mitigate any flooding
and/or erosion caused by development of site and diversion of drainage.
75. All drainage facilities shall be constructed in accordance with Riverside County Flood
Control District Standards.
76. All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain"
using the City authorized marker to prevent illegal dumping in the drain system.
77. The applicant shall provide Phasing Plan including onsite traffic circulation showing truck
routes with truck turning templates. The phasing plan shall be approved by the City
Engineer prior to issuance of first building permit issuance.
78. Applicant shall install erosion control measures using the best available technology to
mitigate any urban pollutants from entering the watershed.
79. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual
(particular attention should be taken for intersections on the inside of curves). If site
distance can be obstructed, a special limited use easement must be recorded to limit the
slope, type of landscaping and wall placement.
80. Street improvement plans and specifications shall be prepared by a California Registered
Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore
Standards.
81. All public works improvements shall be constructed per approved street plans (LEMC
12.04) in accordance with project phasing plan. Plans must be approved and signed by
the City Engineer prior to construction. Construction shall be completed prior to Certificate
of Occupancy of any building.
82. The applicant shall submit Faithful Performance and Labor and Material Bonds including
associated agreements for all public improvements and grading operations prior to
approval of the final map.
83. Roadway design grade for local streets should not exceed 9%. The maximum grade of
15% should only be used because of design constraints.
84. Interior streets shall be designed with 9% as the desired grade and intersecting streets
shall meet at a maximum grade of 6% for a distance of 50-feet for each leg of the
intersection.
Applicant's Initials: Page 9 of 19
PA 2017-17/IDR 2017-01/TPM 37337 Planning Commission: November 7, 2017
Conditions of Approval City Council: January 9, 2018
85. The applicant shall provide street lighting and show lighting improvements as part of street
improvement plans. Street lights shall be constructed in accordance with the City Standard
street light spacing.
86. The applicant shall pay all fees and meet requirements of encroachment permit issued by
the Engineering Division for construction of improvements within the City of Lake Elsinore
right-of-way.
87. Applicant shall obtain Riverside County Flood Control and Water Conservation District
approval for connection to the channel prior to grading permit.
88. Applicant shall dedicate and improve a cul-de-sac consistent with City Of Lake Elsinore
Standards for the termination of Birch Street. The project entrance from Birch Street shall
be designed as a City Standard Commercial Driveway. Full Cul-de-sac Birch Street
Improvements and associated storm drain shall be completed prior to any Certificate of
Occupancy in Parcels 1 thru 6. If permanent connection to Outflow Channel has not been
constructed, an appropriately sized, interim, temporary basin shall be acceptable. The
permanent connection to the outflow channel shall be constructed within 45 days from
receipt of Riverside County Flood Control's approval to do the work.
89. Any building permit application for Parcel 7 of TPM 37337 will activate the following
underlying TPM 36551 conditions of approval:
Applicant shall contribute to or design and construct all mitigation measures identified in
the approved environmental document including the following traffic improvements as
required mitigation measures of the approved environmental document:
• Contribute Fair Share to the installation of traffic signal at Collier Avenue and 3rd
Street prior to building permit final of 51% of project buildings.
• Install traffic signal at Collier Avenue and Chaney Street prior to building permit final
of 51% of project buildings. Applicant shall receive TIF credit for the full amount
identified in the TIF Program for the construction of this improvement.
• Contribute Fair Share to the installation of traffic signal at the intersection of west
Minthorn Street and Chaney Street prior to building permit final of 76% of project
buildings.
• Add a northbound left turn lane on Collier Avenue at the intersection with Chaney
Street.
• There are TIF credits available for some of these improvements and the project will
be eligible for their fair share subject to the City Engineer's approval. A TIF Credit
Agreement shall be executed prior to the first building permit.
90. The applicant shall pay all Engineering Division assessed Capital Improvement, Plan
Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: Stephens
Kangaroo Rat Habitat Conservation Plan Fee (K-Rat), Traffic Infrastructure Fee,
Transportation Uniform Mitigation Fee (TUMF) and Drainage Fee (Warm Springs East).
Fee shall be assessed at the prevalent rate at time of payment in full.
Final Tract or Parcel Map
91. The developer shall submit for plan check review and approval a final map.
Applicant's Initials: Page 10 of 19