HomeMy WebLinkAbout10 Z.C. 94-005 01-03-95 NO. 10 1-3-95 Inter-Co m ATE: JANUARY 3, 1995 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1144t ZONE CHANGE 94-005 (14042 RED HILL AVENUE) RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1144 (roll call vote). BACKGROUND: The following Ordinance No. 1144 had first reading and introduction at the December 5, 1994 City Council meeting: 'ORDINANCE NO. 1144 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-005, A REQUEST TO AUTHORIZE A ZONE CHANGE OF THE PROPERTY LOCATED AT 14042 RED HILL AVENUE FROM RETAIL COMMERCIAL (C-l) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT Valerie Crabill Chief Deputy City Clerk 1 ORDINANCE NO. 1144 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-005, A REQUEST TO AUTHORIZE A ZONE CHANGE OF THE PROPERTY LOCATED AT 14042 RED HILL AVENUE FROM RETAIL COMMERCIAL (C-I) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT. The City Council of the City of Tustin does hereby ordain as follows: I · The City Council finds and determines as follows: · A. That Zone Change 94-005 was submitted by Francher Development Services on behalf of the property owners, Thaddeus j. Moriarty Jr. and James G. White, for consideration. Be That a public hearing was duly noticed, called and held on said application by the Planning Commission on November 28, 1994 and by the City Council on December 5, 1994. Ce That the project will not have a significant effect on the environment as conditioned, and a Negative Declaration has been prepared pursuant to the provisions of the California Environmental Quality Act. D· E· F· Go That the proposed Zone Change to Commercial General (CG) District is consistent with all elements of the Tustin Area General Plan, and in particular the Land Use Element which designates this property Community Commercial (CC), which would accommodate a broad range of commercial uses and development. That the proposed Zone Change to CG is in the best interest of the public health, safety and welfare of the surrounding area in that the proposed zoning district designation of CG is compatible with commercial uses surrounding the development. That the proposed Zone Change to CG is in the best interest of the public health, safety and welfare of the surrounding area in that the proposed zoning district designation of CG is compatible with commercial uses situated adjacent to the freeway. That the proposed Zone Change to CG would eliminate a small single parcel C-1 zoning designation island thereby creating a larger, more logical and cohesive CG zoning designation with the adjacent parcel located at 1501 Nisson Road. 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~- 27 28 Ordinance No. 1144 Page 2 II. The City Council hereby approves Zone Change 94-005 changing the zoning designation of the property located at 14042 Red Hill Avenue, from Retail Commercial (C-l) District to General Commercial (CG) District as shown on Exhibit A, attached hereto, and subject to conditions contained in Exhibit B, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin ' at a regular meeting held on the THOMAS R. SALTARELLI MAYOR MARY E. WYNN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1144 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify 'that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1144 was duly and regularly passed, and adopted at a regular meeting of the Tustin City Council, held on the day of COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: MARY E. WYNN City Clerk EXHIBIT A ZONE CHANGE 94-005 14042 RED HILL AVENUE ASSESSOR PARCEL NO. 432-402-04 REZONE PROPERTY FROM O-1 (RETAIL COMMERCIAL) TO CG (COMMERCIAL GENERAL) .CA AI TA A AIA 'i I' ·  "~/~,Z ' ~.~, ,,, NORTH ~ ~..~ SCALE: 1": 100' ~.[:[[[:[[] AREA AFFECTED BY ZONE CHANGE EXHIBIT B ZONE CHANGE 94-005 CONDITIONS OF APPROVAL ORDINANCE NO. 1144 GENERAL (1) 1~1 The applicant shall sign and return an Agreement to Conditions Imposed form prior to Planning Commission review of subsequent land use applications. (1) 1.2 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (2) 1.3 Prior to the subject Zone Change becoming effective, the (5) applicant shall be required to enter into an Agreement with the City for: A) the dedication of required right- of-way along the Red Hill Avenue frontage, including the corner cut off at Nisson Road; and B) the construction of ultimate improvements along the Red Hill Avenue frontage and northeast corner of Nisson Road prior to issuance of any Certificate of Occupancy, with reimbursement of said construction costs to the applicant by the City. The diagonal lines for the cut-offs shall align with the BC/EC (.beginning of curb return/end of curb return) of the future curb returns. **** 1~4 Within forty-eight (48) hours of approval of the subject (5)project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty five dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW **** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY (8) MUNICIPAL CODE o RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Tim D Serlet, City Engineer Public Works City of Tustin 300 Centennial Way Tustin, CA 92680 • THE ORIGINAL OF THIS DOCUMENT UAS RECORDED ON 02/17/95 DOCUMENT NUMBER 9c-0067427 GARY L. GRANVILLE. CLERK RECORDER ORANGE COUNTY CLERK— RECORDER'S OFFICE Exempt from recording fees pursuant to Government Code 6103 (Space Above Line for Recorder's Use Only) DEDICATION AND REIMBIJRSEM�EFtTBeGREEMENT This DEDICATION AND REIMBURSES T AGREEMENT (the "AGREEMENT') is made and entered into this3e4 day of 1995 by and among the CITY OF TUSTIN (the "CITY ") a municipal corporation, THADDEUS J MORIARITY JR. an individual and JAMES G. WHITE, JR. an individual (collectively the "OWNERS ") and Taco Bell Corperation, a California corporation ( "DEVELOPER "). WHEREAS the OWNERS have requested that the CITY approve Zone Change 94 -005, reclassifying the real property located at 14042 Red Hill Avenue Tustin, California (the "PROPERTY ") from Retail Commercial (C1) to Commercial General (CG) and WHEREAS, the zone change sought by the OWNERS would allow an intensification of development permitted on the PROPERTY and WHEREAS prior to consideration of the merits of Zone Change 94 -005 the CITY prepared an Initial Study of the proposed zone change in accordance with the requirements of the California Environmental Quality Act. The Initial Study revealed that the zone change requested by the OWNERS will result in incremental traffic impacts which, when considered cumulatively will significantly impact the CITY'S circulation system in the vicinity of the PROPERTY The Initial Study indicated, and the OWNERS have not disputed, that in order to mitigate adverse environmental impacts created by Zone Change 94 -005, dedication of street frontage to the ultimate right -of -way along the Red Hill Avenue frontage would be required, as would construction of the ultimate street improvements along said right -of -way- and WHEREAS on November 28, 1994, the Tustin Planning Commission held a duly noticed public hearing to consider Zone Change 94 -005 After considering all of the documentary and testimonial evidence presented, the Planning Commission found and determined that the proposed zone change would result in significant impacts on traffic circulation on Red Hill Avenue and Nilsson Road, but that said impacts could be mitigated • by dedication of additional roadway and construction of ultimate roadway improvements. By adoption of Resolution No. 3311 the Tustin Planning Commission certified as adequate the Negative Declaration prepared for the Project. By adoption of Resolution No 3310 the Tustin Planning Commission recommended to the City Council that the City Council approve Zone Change 94 -005 on the express condition that the OWNERS enter into an AGREEMENT with the CITY in which the OWNERS agree to dedicate to the CITY the Red Hill Avenue frontage PROPERTY to 81 00 feet easterly of the Red Hill center line, together with corner cut -offs at Nisson Road and the 1 -5 Freeway southbound on -ramp The Planning Commission also recommended that the OWNERS be required to agree to design and construct ultimate street improvements along and in said dedicated right -of -way, with the CITY to reimburse the OWNERS for the cost of design and construction of said improvements; and WHEREAS, on December 5 1994, the City Council of the City of Tustin held a duly noticed public hearing to consider Zone Change 94 -005 and the recommendation of the Planning Commission. After duly considering all of the documentary and testimonial evidence presented, the City Council adopted the findings, conclusions and recommendation of the Planning Commission. At the conclusion of the December 5 1994 public hearing, the City Council adopted Resolution No 94 -137 certifying the adequacy of the Final Negative Declaration for Zone Change 94 -005 and approved first reading of Ordinance No. 1144 approving Zone Change 94 -005 on the condition that, prior to the effective date of Zone Change 94 -005 the OWNERS enter into a Dedication and Reimbursement Agreement as recommended by the Planning Commission; and WHEREAS on January 3, 1995, the City Council gave final reading to and adopted Ordinance No. 1144 approving Zone Change 94 -005 as conditioned. Unless otherwise challenged as permitted by law Zone Change 94 -005 will become effective on February 2, 1995 NOW, THEREFORE, in consideration of the approvals of the CITY as described above, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 Recitals. The recitals set forth above are true and correct. 2. Relationship of the Parties. It is hereby specifically understood and acknowledged that the DEVELOPER, as agent of OWNERS, intends to construct a private project on the PROPERTY and that neither the CITY nor the OWNERS shall be deemed to be the agent of the other for any purpose whatsoever Nothing contained herein or in any document executed in connection herewith shall be construed as making the CITY and the OWNERS, or their respective officers, agents, employees or successors and assigns, joint venturers or partners. 1100 -00013 5198_3 2 �1 • • 3 Design and Construction of Street Improvements. A. Prior to issuance of a certificate of occupancy for any new development on the PROPERTY, the OWNERS shall cause all street improvements ( "IMPROVEMENTS ") to be designed and constructed to CITY standards along the PROPERTY's Red Hill Avenue frontage, including corner cut -offs at Nisson Road and the southbound on -ramp to the 1 -5 Freeway, as required to accommodate the ultimate major arterial improvements for Red Hill Avenue, and all as generally shown on Sheet A1A of the Site Plan on file with the CITY's Community Development Department and Exhibit "A" attached hereto and incorporated herein by this reference The IMPROVEMENTS shall include but not be limited to the construction of an exclusive northbound right -turn lane on Red Hill Avenue for entrance onto the 1 -5 Freeway together with the relocation of utilities and traffic signals, and the construction of curbs and gutters, sidewalks, commercial driveway approach and asphalt street paving. The IMPROVEMENTS which are more fully described in Exhibit "B" attached hereto and incorporated herein by this reference, shall be designed and constructed in accordance with Exhibit "A" hereto the Site Plan, and in accordance with CITY standards. B The City Engineer shall review and approve all plans and specifications for construction of the IMPROVEMENTS which approval shall not be unreasonably withheld. C The CITY shall cooperate with OWNERS or DEVELOPER on the relocation of utilities and traffic signals. D The OWNERS or DEVELOPER shall be responsible for obtaining any and all permits required by Caltrans for any work associated with the IMPROVEMENTS required by this AGREEMENT which must be performed within any Caltrans right -of -way OWNERS or DEVELOPER shall also be responsible for obtaining encroachment permits for any work required to be performed within any CITY right -of -way CITY shall issue such permits and conduct public works inspections at no cost to OWNERS or DEVELOPER, except for bonds or other security, as required in subsection E below E. Every contract which the OWNERS or DEVELOPER enter(s) into for construction of the IMPROVEMENTS shall expressly provide for compliance with the provisions of California Labor Code section 1720 et seq with regards to payment of prevailing wages, maintenance of certain payroll records, regulation of work hours, overtime compensation, employment of apprentices, and compliance with the mandates of worker's compensation insurance coverage. F Each contractor retained by the OWNERS or DEVELOPER to construct the IMPROVEMENTS shall be required to post a performance bond for the construction of the IMPROVEMENTS, and a payment bond, meeting Civil Code requirements. Each bond shall be issued by a surety licensed by the State of California to 1100 -00013 5198_3 3 • • issue such a bond, guaranteeing the performance of or payment obligations of the contractor Each such bond shall name the CITY as an additional intended beneficiary In addition, each contractor shall provide a bond or post other security as required under CITY's requirements for encroachment permits. G. The OWNERS or DEVELOPER shall require that each contractor who constructs the IMPROVEMENTS to maintain in full force and effect during the term of such work, a policy of liability insurance issued by a surety licensed by the State of California to issue such insurance, with a Best's Key Rating of A -VII in an amount not less than $1,000 000 00 per occurrence. The CITY OWNERS and DEVELOPER shall be named as an additional insured in each such policy, and the OWNERS or DEVELOPER shall provide the CITY with endorsements, in a form acceptable to the City Attorney of the CITY evidencing said insurance and endorsements. H. The OWNERS or DEVELOPER shall solicit public bids for construction of the IMPROVEMENTS and shall award to the lowest responsible bidder Prior to the award of the contract the OWNERS or DEVELOPER, shall review the bids with the City Engineer who shall have the right in his reasonable discretion, to order that all bids be rejected (in the event of a material flaw in the bidding), or to approve the lowest responsible bidder City's Engineer's approval shall not be unreasonably withheld. Any change orders requested by OWNERS or DEVELOPER or their contractor shall be subject to review and approval by the City Engineer whose approval shall not be unreasonably withheld. 4 Dedication of Right -Of -Way By Quitclaim Deed to City A. Prior to award of a construction contract for the IMPROVEMENTS, the OWNERS or DEVELOPER shall be responsible for conducting detailed engineering work necessary for the preparation of a legal description and sketch of the right -of -way to be granted to CITY and shall thereafter be responsible for preparing the legal description and sketch. The OWNERS or DEVELOPER shall provide a true and correct copy of the legal description and sketch of the required right -of -way dedication (the "legal description ") to the City Engineer The City Engineer shall review the legal description and sketch for accuracy and OWNERS or DEVELOPER shall make any needed corrections. B The City Attorney shall prepare a quitclaim deed for OWNERS' review and approval. Upon approval of the legal description and sketch by the City Engineer and the quitclaim deed by OWNERS OWNERS shall execute the deed and promptly furnish it to the City Engineer CITY shall accept and record the deed and provide a copy thereof to OWNERS Once the deed is recorded, construction work on the improvements may commence providing other CITY requirements, as stated herein, have been met. 1100 -00013 5198_3 4 • f • 5 Reimbursement for Costs of Design and Construction of Improvements. A. The parties acknowledge that the CITY had planned to eventually widen Red Hill Avenue to its ultimate right -of -way along an area which includes the PROPERTY, and that but for the development of the PROPERTY by the OWNERS the CITY would have borne the entire cost of the IMPROVEMENTS necessary for that widening. The parties further acknowledge that the development of the PROPERTY by the OWNERS will necessitate the construction of the IMPROVEMENTS at an earlier date than the CITY would have been prepared to undertake those IMPROVEMENTS. Therefore the DEVELOPER agrees to design and construct the IMPROVEMENTS and the CITY agrees to reimburse the DEVELOPER for the reasonable cost thereof as set forth herein. B. A preliminary Engineer's cost estimate for the construction of the IMPROVEMENTS is shown on Exhibit "B" Prior to entering into a contract for any work on the IMPROVEMENTS the OWNERS or DEVELOPER shall retain a registered California civil engineer to prepare an estimate of the cost of the IMPROVEMENTS The OWNERS or DEVELOPER and the City Engineer of the CITY shall meet and confer with the OWNERS' or DEVELOPER'S civil engineer to review the cost estimate. The cost estimate shall be revised to incorporate any reasonable comments or concerns of the City Engineer and a final cost estimate, agreeable to both parties shall thereafter be prepared (the "FINAL COST ESTIMATE "). The FINAL COST ESTIMATE shall include a reasonable amount for contract administration and overhead, and shall be initialed by a representative of OWNERS or DEVELOPER and by the City Engineer Such FINAL COST ESTIMATE may be revised by City Engineer and OWNERS or DEVELOPER upon award of the construction contract, to accommodate change orders or for other reasons, providing that the City Engineer and OWNERS or DEVELOPER must approve such revisions in writing before they are effective C Neither the OWNERS nor DEVELOPER shall permit any change in the design or construction of the IMPROVEMENTS that would increase the FINAL COST ESTIMATE for the IMPROVEMENTS without the express written approval of the City Engineer of the CITY which approval shall not be unreasonably withheld and must be sought and obtained prior to the implementation of such change. With the prior written approval of the City Engineer of the CITY, the FINAL COST ESTIMATE shall be amended and initialed to reflect any approved changes. D Providing the work performed is within the FINAL COST ESTIMATE, including approved revisions, the CITY shall reimburse DEVELOPER on at least a monthly basis, upon the submittal of a request for progress payment and supporting material. CITY agrees to make such periodic reimbursements within ten (10) working days of receipt of each such request for progress payment. 1100-00013 5198_3 5 • E. It is expressly understood and agreed that the CITY shall not be required to reimburse the DEVELOPER for any costs in excess of the FINAL COST ESTIMATE, as it may be revised by the OWNERS or DEVELOPER and the City Engineer 6. Binding Effect of Agreement. This AGREEMENT pertains to the PROPERTY and the burdens of the AGREEMENT are binding upon, and the benefits of the AGREEMENT inure to, all successors in interest of the parties to this AGREEMENT, and constitute covenants which run with the PROPERTY and in order to provide continued notice thereof, this AGREEMENT will be recorded by the parties. 7 Notices. Any notice or instrument required to be given or delivered to either party to this AGREEMENT may be given or delivered by depositing the same in the United States mail, certified mail, postage prepaid, addressed to: CITY City of Tustin 300 Centennial Way Tustin, CA 92680 Attention: City Manager With a copy to: Lois E. Jeffrey City Attorney Rourke, Woodruff & Spradlin 701 S. Parker St. Suite 7000 Orange CA 92668 OWNER: Thaddeus J Moriarity and James G. White Jr 1447 Galaxy Drive Newport Beach, CA 92660 DEVELOPER: Taco Bell Corpefetion Attn: Real Estate Legal Department, Site #02 -1066 17901 Von Karman Irvine, CA 92714 Notice of a change of address shall be delivered in the same manner as any other notice provided herein, and shall be effective three (3) days after mailing by the above - described procedure. 8 Entire Agreement. This AGREEMENT and the exhibits hereto contain the entire agreement among the parties, and is intended by the parties to completely state the AGREEMENT in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto not expressly set forth in this AGREEMENT is null and void. 1100.00013 5198_3 6 9 Hold Harmless and Indemnity A. The OWNERS agree to fully indemnify and hold the CITY its officers, agents and employees, harmless from and against any claims, losses, liabilities, stop notices, mechanics or other liens or damages of whatever nature and by whomever suffered, including, but not limited to damage to CITY PROPERTY or injury to CITY employees, arising out of or related to any work undertaken by the OWNERS on the PROPERTY or with regard to the IMPROVEMENTS except that portion of any claim or loss which is proven to be directly attributable to the active negligence or willful misconduct of the City its officers or employees, which claims losses, liabilities or damages arise or alleged to have been suffered or incurred prior to the date that the CITY accepts the quitclaim deed required pursuant to Section 4 of this AGREEMENT B The DEVELOPER agrees to fully indemnify and hold the CITY its officers, agents and employees, harmless from and against any claims, losses, liabilities, stop notices, mechanics or other liens or damages of whatever nature and by whomever suffered, including, but not limited to damage to CITY PROPERTY or injury to CITY employees, arising out of or related to any work undertaken by the DEVELOPER on the PROPERTY or with regard to the IMPROVEMENTS except that portion of any claim or loss which is proven to be directly attributable to the active negligence or willful misconduct of the City its officers or employees which claims, losses liabilities or damages arise or alleged to have been suffered or incurred prior to the date that the CITY accepts the quitclaim deed required pursuant to Section 4 of this AGREEMENT 10 Waiver of Right to Assert Damages. The parties expressly agree that the dedication required by the CITY as a condition of Zone Change 94 -005 is necessitated by the degradation of traffic and circulation patterns in the vicinity of the PROPERTY which will be occasioned by the development of the PROPERTY as contemplated by said Zone Change, and the dedication required is roughly proportional in both nature and extent to the impacts of the Zone Change. The OWNERS agree that they are not entitled to, and hereby waive, any rights they may have to assert damages or claim just compensation, including attorneys' fees, costs and expenses, under the United States or California Constitutions federal or state law 11 Invalidity or Termination of Agreement - Conditions Subsequent. CITY and OWNERS agree that if subsequent to the execution of this Agreement by OWNERS the CITY does not approve a conditional use permit/design approval for a Taco Bell on the PROPERTY (the "Project "), that this AGREEMENT and Zone Change 94-005 shall be null and void. In addition, should OWNERS determine not to construct the Project, OWNERS shall have the right to petition the CITY to terminate this AGREEMENT Such termination by CITY shall be conditioned upon OWNERS' consent to and CITY's revocation of the Conditional Use Permit/Design Review Approval for the Project, and OWNERS' consent to and CITY's rezoning of the PROPERTY to Retail Commercial (C1). If such conditions occur, CITY's consent to termination shall be presumed, and this AGREEMENT shall be deemed to have terminated by operation of law 1100 -00013 5198_3 7 • IN WITNESS WHEREOF, the parties have executed this DEDICATION AND REIMBURSEMENT AGREEMENT as of the date and year first above written. Reviewed by INGRID AKERS Date APPROVED AS TO FORM: Lois E. Jeffr City Attorney 1100-00013 5198_3 "DEVELOPER" TACO LL CORP , a _A___O California corporation LAURENCE GERICH Assistant Secretary FEB 0 .7 19Ef "CITY" CITY OF TUSTIN By Christine Shingleton Assistant City Manager i Tim D Serlet Director of Public Works /City Engineer 8 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE On 1995 before me ZA —e eat _er for said County and State personally appeared , personally known to me 1 o .�• be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument Notary Public in an WITNESS my hand and official seal VALERIE WHITEMAN COMM if 969213 ? Notary Pubic — CallfomIo ORANGE COUNTY My Comm Expires AUG 28 1996 Notary Public STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On /jam 1995 before me i a Notary ublic n and for said County and State, personally appeared �m . personally known to me (o sis vie to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. )7 f WITNESS my hand and official seal. VALERIE WHITEMAN COMM. # 969213 z Notary Public — California ORANGE COUNTY ?Ay Comm. Emiros AUG 28. 1996 Notary Public STATE OF CALIFORNIA ss COUNTY OF ORANGE On j.4.-1 3 , 1 995 before me (A1.-1—e.-4_, bilcZn > Notar Public in and for said County and State, personally appeared is ,91.1 , p (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal VALERIE WHITEMAN COMM /969213 Notary Pubic — California ORANGE COUNTY My Comm Expires AUG 2E 1996 Notary Public STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE On 3 / 99 ( 1995 before me, (� P a Not Public in and for said County and State, personally appeared .1� 4 (or proved to me on the basis of sati actory evidence o be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. t , c • VALERIE WHITEMAN '_ COMM. 1969213 z , ._e fi h:n!,7rY Pubic — Cc!ilcrnic i - M. Comm. Expires AUG 28, 1996 1100 -00013 5198_3 Nota Public ALL - PURPOSE ACKNOWLEDCEMEN STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On f32/07/95 before me BettyJo Aylward CAPACITY CLAIMED BY SIGNER (_1 INDIVIDUAL(S) [X] CORPORATE OFFICER(S) Date Notary Public Personally appeared Laurence Gerich A sistant Secretary TITLE (S) 1_1 PARTNER(S) U ATTORNEY -IN -FACT L] TRUSTEE(S) L1 SUBSCRIBING WITNESS L1 GUARDIAN /CONSERVATOR L] OTHER Names) of signer(s) [X] personally known to me OR F_] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their orized capacity(ies) and that by his/her /their si±: ature(s) on the instrument the person(s), or the BETTY JO AYLWARD f -y�' ., COMM. # 1007460 enry upon behalf of which the person(s) acted, Nofrry Pua!ic — Calilornio ex&uted the instrument. ORANt;E COJNTv My Comm. Expires OCt 24, 1997 Witness hand SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) �� my and official seal _ Taco Bell Coro SI ATURE OF Y ATTENTION NOTARY although the information requested below is OPTIONAL a could prevent the fraudulent attachment of this certificate to unauthonzecl documents. THIS CERTIFICATE Title or Type of Document Dedication and Reimbursement Agreement for Site #02 1066 MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT Signer(s) other than named above DESCRIBED AT RIGHT ® 1991 NATIONAL NOTARY ASSOCIATION — 8236 Remmet Ave. — P.O. Box 7184 — Cano -a Park CA 91304 -5184 NaaryAC V l 18 I H X 3 1_ .1303083A• 1111 038 832118 AM3 9'I lY DN!1301M wu 3r1 1133Y 1111-1 038 W NOSIAIO p! X10 301111d .10 11I 14V 10 YIN80311Y3 'N11S01 40 A113 U 3 10 1311 -r<Y111B. S. • ,w 1100 Hx 10.1(1 00.101 (190 1YJ1.11 1001 1V38 ONIVIVO 13 JO H18ON 01 0VO8 NOSSIN 3O H100S WOHd ONIN301M 1V18318Y 80rtl1Y 1103 8, 3SVHd 133.00.• • 0 1s m,l Fl 13 e. 3r83AV TtHg38 ALL r t -11 dint' • El/P1 lA «\s 0.0d •01 rr 7 SNOIIISNY81 DNId181S H11M I1V38 ONIWVO 13 01 OV011 NOSSIN 'SOHVONVIS 1V18318V 1401.1101 111131 ONIN30IM INI831N1 V 3SVHd (0•111 .3) •1 Omen" 13 43333 330 N/N 30NDAV 1111c38 emx M 0/1 00 005 Ll _ — 1834 O.,' 9 .,n. 00 vN n033 lA B\B 0•03 0011(0 • • • EXHIBIT B PRELIMINARY ENGINEER'S ESTIMATE FOR RED HILL AVENUE (Adjacent to A P No 432 - 402 -04) Construction (Nos. 1 thru 8) 1 Construct Type A -2 curb & gutter 2 Construct full X- gutters 3 Misc Removal & Disposal 4 Deeplift A C Pavement 5 Construct Sidewalk (9' wide) 6 Traffic Signal Modifications (2) 7 Traffic Signing and Striping 8 Utility Relocation (Includes power poles & signal related items) SUBTOTAL 10% CONTINGENCY SUBTOTAL PS &E,20% SUBTOTAL CONSTRUCTION ENGINEERING,5% UNITS UNIT COST COST 230 L F $ 14 00 $3,220 00 2 ea 2,500 00 5,000 00 5,880 S F 1 00 5,880 00 465 tons 30 00 13,950 00 2,328 S F 3 50 8,148 00 1 L S 45,000 00 45,000 00 1 L S 1,000 00 1,000 00 1 L S 15,000 00 15,000 00 97,198 00 9,720.00 106,918 00 19,440.00 126,358 00 5,346.00 $132,000.00