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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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