04/09/2024CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● APRIL 9, 2024
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
COMMENTS FROM THE PUBLIC
The public is encouraged to address the City Council on any matter posted on the agenda or on any other
matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak
card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the
Mayor at the appropriate time and each person is allowed three (3) minutes speaking time.
If you would like to participate telephonically and speak on an agenda item, you can access the meeting
by dialing the following telephone number and you will be placed in the waiting room, muted until it is your
turn to speak:
*67 1-669-900-9128
Enter Meeting ID: 893 7996 2593
Password: 950780
The City wants you to know that you can also submit your comments by email to
ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments
for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are
unable to email, please call the City Clerk’s Office at (909) 954-5207 by 5:00 p.m.
If you wish to have your comments read to the City Council during the appropriate Public Comment
period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish
to comment on. Comments that you want read to the City Council will be subject to the three (3) minute
time limitation (approximately 350 words).
Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the
agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to
investigate and/or schedule certain matters for consideration at a future City Council meeting.
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor
Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For
further information regarding agenda items, please contact the office of the City Clerk at (909) 954-5207,
or via e-mail at dthomas@grandterrace-ca.gov.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made
available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during
normal business hours. In addition, such documents will be posted on the City’s website at
www.grandterrace-ca.gov.
AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Clerk’s Office, (909) 954-5207 at least 48 hours prior to the advertised
starting time of the meeting. This will enable the City to make reasonable arrangements to ensure
accessibility to this meeting. Later requests will be accommodated to the extent feasible [28 CFR
34.102.104 ADA Title II].
Agenda Grand Terrace City Council April 9, 2024
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council
Invocation
Pledge of Allegiance
AB 2449 Disclosures
Remote participation by a member of the legislative body for just cause or emergency
circumstances.
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Bill Hussey
Mayor Pro Tem Doug Wilson
Council Member Jeff Allen
Council Member Kenneth J. Henderson
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
C. SPECIAL PRESENTATIONS
DMV/Donate Life Month Proclamation
Child Abuse Prevention Month Proclamation
Agenda Grand Terrace City Council April 9, 2024
City of Grand Terrace Page 3
D. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 03/26/2024
DEPARTMENT: CITY CLERK
3. Historical & Cultural Activities Committee Member Resignation, Committee Member
Removal and Authorization to Post Notice of Vacancies
RECOMMENDATION:
Accept the Resignation of Historical & Cultural Activities Committee Member Renae
Walker, Removal of Committee Member Lori Williams for Failure to Attend Committee
Meetings and Events, Direct the City Clerk to Prepare and Send a Letter of Appreciation
on Behalf of the City Council and Direct the City Clerk to Post Notice of Vacancies.
DEPARTMENT: CITY CLERK
4. Consider a Request by the City of Grand Terrace Blue Mountain Festival Committee
(Formerly Community Day Committee) to Host a Beer Garden as Part of the Event
Festivities on May 18, 2024, at Richard Rollins Park
RECOMMENDATION:
Consider adopting A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE AUTHORIZING THE CONSUMPTION, POSSESSION, THE
OFFERING, GIVING OR FURNISHING OR CAUSING THE OFFERING, GIVING OR
FURNISHING, OF ALCOHOLIC OR INTOXICATING BEVERAGES AS A
FUNDRAISER ON BEHALF OF THE GRAND TERRACE LIONS CLUB TO BE HELD
AT THE CITY OF GRAND TERRACE BLUE MOUNTAIN FESTIVAL PURSUANT TO
GRAND TERRACE MUNICIPAL CODE SECTION 9.04.050
DEPARTMENT: CITY MANAGER
5. Appropriations in the Amount of $42,900 for Guardrail Replacement on Barton Rd
RECOMMENDATION:
1. Approve the appropriation of $42,900 for the replacement of damaged guardrail on
Barton Rd
DEPARTMENT: PUBLIC WORKS
Agenda Grand Terrace City Council April 9, 2024
City of Grand Terrace Page 4
6. Submission of Deed Restriction for Richard Rollins Park, Veterans Freedom Park, TJ
Austyn Park, Griffin Park, Fitness Park, and Dog Park to San Bernardino County
Assessor-Recorder Office
RECOMMENDATION:
To authorize the recordation of Deed Restriction for Richard Rollins Park, Veterans
Freedom Park, TJ Austyn Park, Griffin Park, Fitness Park, and Dog Park at San
Bernardino County Assessor-Recorder Office.
DEPARTMENT: PUBLIC WORKS
7. Traffic Signal Design for Intersections of Mt Vernon at Van Buren Street and Pico
Street, CIP 2024-Txx
RECOMMENDATION:
1. Find that the Capital Improvement Project (CIP 2024-T) is categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to CEQA Regulations
Section 15301(c) and authorize the preparation and filing of a Notice of Exemption
as applicable.
2. Award a contract to Minegar & Associates for professional engineering services for
the design of traffic signals at the intersections of Mt Vernon and Van Buren Street,
and Pico Street, in the amount of $38,359 plus a 10% contingency ($3,836).
Authorize the City Manager to execute the agreement, subject to City Attorney
approval as to form.
DEPARTMENT: PUBLIC WORKS
E. PUBLIC HEARINGS
None.
F. UNFINISHED BUSINESS
None.
G. NEW BUSINESS
None.
Agenda Grand Terrace City Council April 9, 2024
City of Grand Terrace Page 5
H. FUTURE AGENDA ITEMS
At this time, the City Council may propose items for discussion and/or action at a future
duly agendized City Council meeting. A consensus of a majority of the quorum is
required to place an item on a future agenda.
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Jeff Allen
Mayor Pro Tempore Doug Wilson
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code
Section 54957.6
Agency Designated
Representatives: Konrad Bolowich, City Manager
Adrian R. Guerra, City Attorney
Employee Organization: Teamsters Local 1932
Unrepresented Employees: City Manager, City Clerk, Finance Director,
City Engineer, Planning & Development
Services Director, Senior Management Analyst
(2 positions), Management Analyst, Assistant
Planner
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
Agenda Grand Terrace City Council April 9, 2024
City of Grand Terrace Page 6
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, April 23, 2024, at 6:00
PM. Any request to have an item placed on a future agenda must be made in writing
and submitted to the City Clerk’s office.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● MARCH 26, 2024
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday,
March 26, 2024, at 6:00 p.m.
Invocation
The Invocation was given by Pastor Rex Arnold from Centerpoint Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Hussey.
AB 2449 Disclosures
None.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Present
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
B. PUBLIC COMMENT
Sarah Wilson, Grand Terrace requested that the City Council consider a Gaza,
Palestine cease fire proclamation.
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Minutes Grand Terrace City Council March 26, 2024
City of Grand Terrace Page 2
C. SPECIAL PRESENTATIONS
None.
D. CONSENT CALENDAR
Debra Thomas, City Clerk announced that an error made on the March 12, 2024,
regular meeting minutes was corrected after the publication of the agenda packet.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Mayor Pro Tem
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Special Meeting – 03/12/2024
APPROVE THE SPECIAL MEETING MINUTES FOR MARCH 12, 2024
3. Approval of Minutes – Regular Meeting – 03/12/2024
APPROVE THE REGULAR MEETING MINUTES FOR MARCH 12, 2024.
4. Approval of the February-2024 Check Register in the Amount of $724,381.59
APPROVE THE CHECK REGISTER NO. 02292024 IN THE AMOUNT OF $724,381.59
AS SUBMITTED, FOR THE MONTH ENDING FEBRUARY 29, 2024.
5. Second Reading and Adoption of an Ordinance Amending Title 18 (Zoning) of the
Grand Terrace Municipal Code to Amend an Existing Municipal Code Section
Specifying the Design Standards for New and Existing Trash Enclosures. This
Ordinance Will Not be Enforced Retroactively and Apply Only to New Buildings and
Existing Buildings Undergoing Alterations Where a Building Permit is Required Per CA
Building Code [A] 105.1 with Alterations Encompassing 50% or More of the Existing
Total Building Area.
DIRECT THE CITY ATTORNEY TO READ THE ORDINANCE BY TITLE ONLY,
WAIVE READING OF, AND ADOPT, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING SECTIONS 18.10.090,
18.33.050, 18.36.060, 18.39.060, 18.40.060, AND 18.56.080 OF TITLE 18 (ZONING)
OF THE GRAND TERRACE MUNICIPAL CODE, TO ESTABLISH DESIGN
STANDARDS FOR TRASH ENCLOSURES"
E. PUBLIC HEARINGS
None.
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Minutes Grand Terrace City Council March 26, 2024
City of Grand Terrace Page 3
F. UNFINISHED BUSINESS
None.
G. NEW BUSINESS
6. Mayor to Appoint a Council Member to Attend the 2024 Annual Meeting of Shareholders
of Riverside Highland Water Company
Konrad Bolowich, City Manager gave the staff report for this item.
Council Member Ken Henderson moved, with a second from Council Member Jeff Allen,
that Mayor Pro Tem Doug Wilson serve as the representative for the City of Grand
Terrace at the Annual Shareholders Meeting of the Riverside Highland Water Company
Board of Directors scheduled for Thursday, March 28, 2024.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson
7. Update to City Council on Options to Fill City Council Vacancy
Debra Thomas, City Clerk gave the staff report for this item.
Mayor Hussey moved, with a second from Council Member Henderson, to appoint
Grand Terrace resident, Jim Miller to fill the vacancy left by former Council Member
Sylvia Rodriguez-Robles. If Mr. Miller rejects the offer by no later than Friday, March 29,
2024, the City Clerk is directed to advertise the vacancy, accept applications, and the
City Council will conduct interviews and appoint a Grand Terrace resident at the regular
meeting of the City Council scheduled for Tuesday, April 23, 2024.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Mayor
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson
8. Presentation on the Overview of the Conditional Use Permitting Process for the City of
Grand Terrace Per Title 18 Chapter 18.83 Conditional Use Permits
Scott Hutter, Planning & Development Services Director gave the staff report for this
item.
THERE IS NO RECOMMENDATION OR ACTION TO THIS PRESENTATION.
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Minutes Grand Terrace City Council March 26, 2024
City of Grand Terrace Page 4
RESULT: APPROVED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson
9. Council Member Request for Property Located at 22325 Barton Road
Scott Hutter, Planning & Development Services Director gave the staff report for this
item.
PUBLIC COMMENT
Karen Proctor, Grand Terrace supports JC Wallace House’s conditional use permit.
Albert Guerra, Grand Terrace opposes JC Wallace House located in Grand Terrace.
Dan Flores, Grand Terrace expressed his delight that JC Wallace House appears to
have its tenants under control.
Bobbie Forbes, Grand Terrace opposes JC Wallace House located in Grand Terrace.
Leonard Sigdestat, Grand Terrace opposes JC Wallace House located in Grand
Terrace.
Jessica Campbell, Grand Terrace opposes JC Wallace House located in Grand
Terrace.
Mary Nichols, Grand Terrace opposes JC Wallace House located in Grand Terrace.
Michelle Sabino, Grand Terrace opposes JC Wallace House located in Grand Terrace.
Sean Nichols, Grand Terrace opposes JC Wallace House located in Grand Terrace.
IT IS RECOMMENDED THAT THE CITY COUNCIL: 1) RECEIVE THE STAFF
REPORT; AND 2) REFER THE REVIEW THE NONCONFORMING LAND USE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Mayor Pro Tem
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson
H. FUTURE AGENDA ITEMS
1. Motion: Bring Back a Palestine Cease Fire Resolution for Discussion
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Minutes Grand Terrace City Council March 26, 2024
City of Grand Terrace Page 5
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Henderson attended the following meetings and events:
March 13, 2024, at 10:00 a.m. - Grand Terrace Area Chamber of Commerce Business
of the Month Ceremony – Woody’s Classic Grill
Council Member Jeff Allen
Council Member Allen attended the following meetings and events:
March 13, 2024, at 8:00 a.m. - Grand Terrace Area Chamber of Commerce meeting, as
well as the Business of the Month Ceremony - Woody’s Classic Grill
Mayor Pro Tempore Doug Wilson
Mayor Pro Tem Wilson attended the following meetings and events:
Nothing to report.
Mayor Bill Hussey
Mayor Hussey attended the following meetings and events:
March 13, 2024, at 10:00 a.m. - Grand Terrace Area Chamber of Commerce Business
of the Month Ceremony – Woody’s Classic Grill
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager announced the following:
Staff will be performing its annual paving and sidewalk rehab which will cause some
traffic impacts.
K. CLOSED SESSION
None.
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Minutes Grand Terrace City Council March 26, 2024
City of Grand Terrace Page 6
L. ADJOURN
Mayor Hussey adjourned the Regular Meeting of the City Council in memory of former
council member, Roy Nix 7:30 p.m. The Next Regular City Council Meeting will be held on
Tuesday, April 9, 2024, at 6:00 p.m.
_________________________________ _________________________________
Bill Hussey, Mayor Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: April 9, 2024 Council Item
TITLE: Historical & Cultural Activities Committee Member
Resignation, Committee Member Removal and Authorization
to Post Notice of Vacancies
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Accept the Resignation of Historical & Cultural Activities
Committee Member Renae Walker, Removal of Committee
Member Lori Williams for Failure to Attend Committee
Meetings and Events, Direct the City Clerk to Prepare and
Send a Letter of Appreciation on Behalf of the City Council
and Direct the City Clerk to Post Notice of Vacancies.
2030 VISION STATEMENT
This action supports Our Vision: as an exceptionally safe and well managed City, known
for its natural beauty and recreational opportunities; a vibrant and diverse local
economy; a place where residents enjoy an outstanding quality of life that fosters pride
and an engaged community, encouraging families to come and remain for generations.
BACKGROUND:
The Historical & Cultural Activities Committee is a seven-member Committee appointed
by the Mayor, subject to City Council approval, and serves four-year terms at the
pleasure of the City Council. The terms alternate so that every two years at least two
appointments are set to expire.
On April 2, 2024, Committee Member Renae Walker submitted her written resignation
from the Committee effective the same day as it was received.
While the Historical & Cultural Activities Committee is a volunteer organization
consisting of Grand Terrace residents, it is crucial that those volunteer members make
the commitment to plan and participate in the organization’s meetings and events.
One of the Committee’s members was appointed in December 2022. Since that time,
the Committee has held fourteen (14) meetings of which only five (5) have been
attended by the committee member. The Committee is responsible for planning,
hosting, and producing three (3) annual events: 2023 Art Show, Country Fair, and the
City Birthday celebration. Unfortunately, the committee member has been absent from
participating in any of those events. The current members of the Committee would like
to have the opportunity to assist with the recruitment of engaged individuals who are
eager to commit their time to assist with the successful implementation of these events.
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The Table below depicts the composition and terms of the Committee:
Name Appointed Re-Appointed Term Ends
Chair Becky Giroux 06/22/2021 -- 06/30/2024
Vice-Chair Louise Lunstrum 06/22/2021 -- 06/30/2026
Secretary Renae Walker* 06/22/2021 -- 06/30/2024
Member Christina Phelps 11/09/2021 -- 06/30/2024
Member Lori Williams** 12/13/2022 -- 06/30/2026
Member Toni Epps 07/25/2023 -- 06/30/2026
* Resignation effective April 2, 2024.
** Requesting Removal
DISCUSSION:
Pursuant to Government Code section 54974(a), “[w]henever an unscheduled vacancy
occurs in any board, commission, or committee for which the legislative body has the
appointing power, whether due to resignation, death, termination, or other causes, a
special vacancy notice shall be posted in the office of the clerk of the local agency, on
either the local agency’s Internet Web site or at the library designated pursuant to
Section 54973, and in other places as directed by the legislative body, not earlier than
20 days before or not later than 20 days after the vacancy occurs. Final appointment to
the board, commission, or committee shall not be made by the legislative body for at
least 10 working days after the posting of the notice in the clerk’s office.”
With the resignation of Ms. Walker and removal of Ms. Lori Williams, the Historical &
Cultural Activities Committee will have two (2) regular member vacancies. After
acceptance of Ms. Walker’s resignation and committee member removal by the City
Council, staff recommends that the City Council direct the City Clerk to prepare and
send a letter of appreciation to Ms. Walker and Ms. Williams and post a notice of
vacancy pursuant to Government Code Section 54974. The City Clerk will then begin
accepting applications beginning April 10, 2024, from residents who may wish to serve
on the committee. The vacancy notice and application information would be disbursed
through a press release, posting on the City’s website, social media platforms Facebook
and X and the on-site reader boards.
Upon receipt of applications from interested residents, staff would provide the
applications to the City Council for review at a regularly scheduled City Council meeting.
At that meeting, subject to the City Council’s approval, the Mayor shall appoint new
committee members.
FISCAL IMPACT:
There would be no fiscal impact created by this action.
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ATTACHMENTS:
• Renae Walker Resignation (PDF)
APPROVALS:
Debra Thomas Completed 04/03/2024 2:04 PM
City Manager Completed 04/03/2024 4:08 PM
City Council Pending 04/09/2024 6:00 PM
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AGENDA REPORT
MEETING DATE: April 9, 2024 Council Item
TITLE: Consider a Request by the City of Grand Terrace Blue
Mountain Festival Committee (Formerly Community Day
Committee) to Host a Beer Garden as Part of the Event
Festivities on May 18, 2024 at Richard Rollins Park
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Consider adopting A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE
AUTHORIZING THE CONSUMPTION, POSSESSION, THE
OFFERING, GIVING OR FURNISHING OR CAUSING THE
OFFERING, GIVING OR FURNISHING, OF ALCOHOLIC
OR INTOXICATING BEVERAGES AS A FUNDRAISER ON
BEHALF OF THE GRAND TERRACE LIONS CLUB TO BE
HELD AT THE CITY OF GRAND TERRACE BLUE
MOUNTAIN FESTIVAL PURSUANT TO GRAND TERRACE
MUNICIPAL CODE SECTION 9.04.050
2030 VISION STATEMENT:
This report supports Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
BACKGROUND:
On Saturday, May 18, 2024, from 2:00 pm to 7:00 pm at Richard Rollins Park, the City
of Grand Terrace will be hosting its Blue Mountain Festival (“Blue Mountain Festival”),
formerly known as Community Days.
The Grand Terrace Lions Club (“Lions Club”) will be participating in the Blue Mountain
Festival and would like to add a fundraising element by way of a beer garden. The Lions
Club would like to set up their beer garden location in the shelter areas of Richard
Rollins park. This area will be taped off so that access to the beer garden is closely
monitored. Public access to the beer garden will be open to adults only and wrist bands
can be obtained by showing proof of age 21 and older.
DISCUSSION:
Pursuant to Chapter 9.04 of the Municipal Code (Attachment 2) it is unlawful for any
person to consume or possess alcoholic beverages when on City property; and it is
unlawful for any person while on City property to furnish, offer or give alcoholic
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beverage to another with the intent to consume or possess such alcoholic beverage.
However, Section 9.04.050 provides the Council the authority to allow the beer garden
for special events. The Code is as follows:
9.04.050 - Authorization by City Council.
The consumption or possession, the offering, giving or furnishing or causing
the offering, giving or furnishing, of alcoholic or intoxicating beverages may
be expressly permitted by authorization from the City Council in any
municipally owned, leased or operated public building or facility, for special
public events or meetings, or for conferences or conventions when not
otherwise expressly prohibited by other local ordinance, provided that such
authorization shall be requested in writing and, if granted, shall be subject to
conditions and all rules and regulations and ordinances of the City and may
be modified or summarily revoked at any time by the City Council, City
Manager or Chief of Police without cause or the right to notice or a hearing.
If granted, the Lions Club will be hiring the Beer Room and their staff, along with
community volunteers will be serving. Volunteers who have received responsive
beverage serving training will be monitoring who enters the beer garden and behavior.
In addition, the Lions Club will be applying for a one-day Alcoholic Beverage Control
pour license and securing the appropriate liability insurance indemnifying the City of
Grand Terrace.
ATTACHMENTS:
• Chapter_9.04__ALCOHOLIC_BEVERAGES_ON_PUBLIC_PROPERTY (PDF)
• 2024-xx - Lions Club Beer Garden Fundraiser (DOCX)
APPROVALS:
Konrad Bolowich Completed 04/03/2024 4:23 PM
City Manager Completed 04/04/2024 9:51 AM
City Council Pending 04/09/2024 6:00 PM
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3/11/22, 11:29 AM Grand Terrace, CA Municipal Code
1/2
Chapter 9.04 - ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY
Sections:
9.04.010 - Alcoholic beverage de ned.
"Alcoholic beverage," as used in this Chapter, means and includes alcohol, spirits, liquor, wine or beer,
and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one
percent or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted,
mixed or combined with other substances.
(Ord. 37 § 7(A), 1980)
9.04.020 - Presumption regarding consumption.
For the purpose of this Chapter, any person possessing an open container containing any alcoholic
beverage and having an odor of alcoholic beverage on the person's breath is presumed to be consuming or
attempting to consume an alcoholic beverage at the place where such person is located. This presumption
is a presumption affecting the burden of producing evidence, as that term is used in Sections 603 and 604
of the California Evidence Code.
(Ord. 37 § 7(B), 1980)
9.04.030 - Unlawful.
It is unlawful for any person or persons to consume or possess or attempt to consume or possess any
alcoholic beverages while such person or persons are in or upon any City park or other municipally owned,
leased or operated public property, building or facility.
(Ord. 37 § 1, 1980)
9.04.040 - Furnishing unlawful.
It is unlawful for any person or persons, while in or upon any City park or other municipally owned,
leased or operated property, building or facility, to offer, furnish or give, or cause to be offered, furnished or
given, any alcoholic beverages to any other person or persons with the intention that such other person or
persons shall consume or possess the alcoholic beverages while such other person or persons is or are in or
upon any City park or other municipally owned, leased or operated property, building or facility.
(Ord. 37 § 2, 1980)
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9.04.050 - Authorization by City Council.
The consumption or possession, the offering, giving or furnishing or causing the offering, giving or
furnishing, of alcoholic or intoxicating beverages may be expressly permitted by authorization from the City
Council in any municipally owned, leased or operated public building or facility, for special public events or
meetings, or for conferences or conventions when not otherwise expressly prohibited by other local
ordinance, provided that such authorization shall be requested in writing and, if granted, shall be subject to
conditions and all rules and regulations and ordinances of the City and may be modified or summarily
revoked at any time by the City Council, City Manager or Chief of Police without cause or the right to notice
or a hearing.
(Ord. 37 § 3, 1980)
9.04.060 - Violation—Public menace.
The violation of any of the provisions of Sections 9.04.030, 9.04.040 and 9.04.050 is found and declared
to be and constitute a menace to the safety of the general public, injurious to the health, indecent, offensive
to the senses and an obstruction to the use of public property by the entire community and neighborhood,
and by considerable number of persons therein.
(Ord. 37 § 4, 1980)
9.04.070 - Violation—Misdemeanor.
Any person or persons violating any provisions of this Chapter shall be guilty of a misdemeanor.
(Ord. 37 § 5, 1980)
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CC Reso No. 2024-xx Page 1 of 3 April 9, 2024
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE AUTHORIZING THE CONSUMPTION, POSSESSION, THE
OFFERING, GIVING OR FURNISHING OR CAUSING THE OFFERING,
GIVING OR FURNISHING, OF ALCOHOLIC OR INTOXICATING
BEVERAGES AS A FUNDRAISER ON BEHALF OF THE GRAND
TERRACE LIONS CLUB TO BE HELD AT THE CITY OF GRAND
TERRACE BLUE MOUNTAIN FESTIVAL AT RICHARD ROLLINS PARK
PURSUANT TO GRAND TERRACE MUNICIPAL CODE SECTION
9.04.050
WHEREAS, the City of Grand Terrace will be hosting its Blue Mountain Festival
(formerly known as Community Day) on Saturday, May 18, 2024, from 2:00 pm to 7:00
pm (“Blue Mountain Festival”);
WHEREAS, the Blue Mountain Festival is being planned to be held at Richard
Rollins Park in the City of Grand Terrace;
WHEREAS, the Lions Club will be a vendor and participant of the Blue Mountain
Festival;
WHEREAS, as part of the Lions Club participation, it would like to offer a beer
garden fundraising program for adults aged 21 and older at the Blue Mountain Festival in
Richard Rollins Park;
WHEREAS, the beer garden will provide beverages for purchase;
WHEREAS, the Lions Club would like to set up their beer garden location in the
shelter areas of Richard Rollins Park. This area will be taped off so that access to the
beer garden is closely monitored. Public access to the beer garden will be open to adults
only and wrist bands can be obtained by showing proof of age 21 and older.
WHEREAS, the Lions Club will apply for a one-day California Alcoholic Beverage
Control pour license for its special events and facilities use permit;
WHEREAS, Chapter 9.04 (Alcoholic Beverages on Public Property) of the Grand
Terrace Municipal Code and the City’s Use of Public Facilities Policy prohibits
consumption or possession, the offering, giving or furnishing or causing the offering,
giving or furnishing, of alcoholic or intoxicating beverages, but also authorizes the Council
to allow alcohol use, as described above, in conjunction with a special event.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are
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CC Reso No. 2024-xx Page 2 of 3 April 9, 2024
incorporated into this Resolution by this reference.
Section 2. Authorization. Pursuant to Grand Terrace Municipal Code Section
9.04.050, the City Council hereby authorizes the consumption or possession, the offering,
giving or furnishing or causing the offering, giving or furnishing, of alcoholic or intoxicating
beverages as a fundraiser on behalf of the Grand Terrace Lions Clube to be held at the
City of Grand Terrace Blue Mountain Festival at Richard Rollins Park subject to the
following conditions:
A. Prior to the date of the Blue Mountain Festival, the Lions Club shall
obtain the applicable permit from the California Department of Alcoholic Beverage Control
(“ABC”) in order to operate the “Beer Garden” at Richard Rollins Park and, further, the
Lions Club shall comply with all ABC requirements, such as cordoning off the Beer
Garden area, and all other applicable laws.
B. Prior to the date of the Blue Mountain Festival, the Lions Club shall
procure and maintain, at its sole cost and expense, in a form and content satisfactory to
City, during the entire period of time in which the Beer Garden is conducted, policies of
insurance as may be required by the City’s Risk Manager. Such policies of insurance
shall have policy limits as required by the City’s Risk Manager. Further, prior to the date
of the Blue Mountain Festival, if policies of insurance are required, the Lions Club shall
provide the City with the following (as applicable): certificates of insurance, additional
insured endorsement forms or appropriate insurance binders evidencing the above
insurance coverages. Said Certificates of Insurance or binders must be approved by the
City’s Risk Manager prior to the date of the Blue Mountain Festival. City reserves the right
to inspect complete, certified copies of and endorsements to all required insurance
policies at any time. Any failure to comply with the reporting or other provisions of the
policies including breaches or warranties shall not affect coverage provided to City. All
certificates shall name the City as additional insured (providing the appropriate
endorsement) and all policies mentioned above shall comply such other requirements as
determined by the City’s Risk Manager.
C. Operational Requirements:
1. The Beer Garden shall be five (5) hours in duration and shall
only be held within the Designated Area. Lions Club members and volunteers shall
supervise the Beer Garden during all hours of operation.
2. The Lions Club shall utilize a professional bartender to serve
alcoholic or intoxicating beverages within the Designated Area.
3. Alcoholic or intoxicating beverages shall only be available
during the hours of operation for the Blue Mountain Festival within the Designated Area.
4. Alcoholic or intoxicating beverages shall only be available for
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CC Reso No. 2024-xx Page 3 of 3 April 9, 2024
purchase by adults aged 21 and older within the Designated Area and shall not be sold,
possessed by a purchaser, or consumed outside of the Designated Area. The Lions Club
shall utilize wrist bands, or other identifying items, to identify those who have purchased
such beverages.
5. Only adults aged 21 and older may participate in the Beer
Garden and be permitted in the Designated Area.
Section 3. City Manager Authorization. The City Manager, or his designee, is
hereby authorized to carry out all acts necessary to carry out this Resolution, including
the signing of any agreements that may be required pursuant to Section 2(C) of this
Resolution.
Section 4. Effective Date. This Resolution shall immediately take effect upon
passage.
PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the 9th day of April 2024.
Bill Hussey
Mayor
ATTEST:
________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: April 9, 2024 Council Item
TITLE: Appropriations in the Amount of $42,900 for Guardrail
Replacement on Barton Rd
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. Approve the appropriation of $42,900 for the
replacement of damaged guardrail on Barton Rd
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” and Goal
#2 "Maintain Public Safety".
BACKGROUND:
The Highway Safety Improvement Program (HSIP) is a crucial federal-aid initiative
aimed at significantly reducing traffic fatalities and severe injuries on public roads. On
December 27, 2018, the City was granted HSIP Cycle 9 funding totaling $648,300.
However, progress on this project has faced delays, primarily due to factors such as
staff turnover and challenges in securing adequate bid responses. Initially, Civil Works
Engineering was working with the City to begin the PE process, but later the engineer
moved to David Evans & Associates, and the contract was awarded to them for $47,100
on October 24, 2024. However, due to federal funding requirements mandating that all
Architectural and Engineering (A&E) work be performed by a Disadvantaged Business
Enterprise (DBE), the City can no longer proceed with David Evans & Associates.
DISCUSSION:
In light of the delays encountered, the City is eager to proceed with the repair and
replacement of up to 200 feet of guardrail on the north side of Barton Rd, where
damage currently exists. Seeking out another preliminary engineering firm would only
further delay the replacement process. The estimated cost for this replacement, as
provided by David Evans and Associates engineering firm, is approximately $66,000.
However, there are numerous steps involved and a lengthy process of forms required
before funds are reimbursed to the City utilizing the HSIP 9 grant. Additionally, staff
obtained a quote for grubbing and vegetation control from our landscapers, significantly
reducing the cost from $28,000 to $680. It is crucial to expedite the replacement of the
damaged guardrail to mitigate the risk of future collisions in its deficiency.
FISCAL IMPACT:
To facilitate the repair expeditiously, staff requests appropriations of $39,000, along with
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a 10% contingency. These funds will be allocated from the Public Works general fund
account 10-175-257-000-000.
Fund Account Account Number Amount
Public Works 10-175-257-000-000 $42,900
APPROVALS:
Shanita Tillman Completed 03/29/2024 3:44 PM
Finance Completed 04/02/2024 8:12 AM
City Manager Completed 04/02/2024 10:19 AM
City Council Pending 04/09/2024 6:00 PM
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AGENDA REPORT
MEETING DATE: April 9, 2024 Council Item
TITLE: Submission of Deed Restriction for Richard Rollins Park,
Veterans Freedom Park, TJ Austyn Park, Griffin Park,
Fitness Park, and Dog Park to San Bernardino County
Assessor-Recorder Office
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: To authorize the recordation of Deed Restriction for Richard
Rollins Park, Veterans Freedom Park, TJ Austyn Park,
Griffin Park, Fitness Park, and Dog Park at San Bernardino
County Assessor-Recorder Office.
2030 VISION STATEMENT:
This item supports Our Vision that “Grand Terrace is an exceptionally safe and well
managed City, known for its natural beauty and recreational opportunities…” and Goal
#4 - Develop and Implement Successful Partnerships through the design and planning
of the Blue Mountain Nature Trail and Trailhead.
BACKGROUND:
The City was awarded the Per Capita grant through the State Department of Parks and
Recreation for park improvements on July 1, 2018, in the amount of $185,606. The
purpose of the grant is to enhance public parks within the city and provide recreational
amenities for residents. As part of the grant requirements, the City has been working
diligently to implement various improvements across several parks over the past year.
These improvements include the installation of new playground surfaces, play
equipment at the dog park, equipment at Veterans Park utilized by Little League teams,
and the addition of a walking path, among others.
DISCUSSION:
One of the key requirements of the Per Capita grant is the implementation of deed
restrictions on properties that have received improvements funded by the grant. Deed
restrictions are legal agreements attached to the property's deed that specify conditions
or limitations on its use. The purpose of these restrictions is to ensure that the property
remains dedicated to its intended use as a public park and to protect the investments
made through the grant funding.
These restrictions will be in effect for a period of 30 years, ending on June 30, 2048. By
implementing these restrictions, the City is ensuring that the properties remain
dedicated to public park use and that the improvements made through the grant
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continue to benefit the community for years to come.
ENVIRONMENTAL IMPACT:
This project is exempt from CEQA.
FISCAL IMPACT:
The filing has no fiscal impact.
ATTACHMENTS:
• Deed Restriction_Veterans Park_18-36-052 (PDF)
• Deed Restriction_Richard Rollins Park_18-36-055 (PDF)
• Deed Restriction_Griffin Park_18-36-081 (PDF)
• Deed Restriction_Fitness Park_18-36-053 (PDF)
• Deed Restriction_Dog Park_18-36-080 (PDF)
• Deed Restriction_TJ Austyn Park_18-36-054 (PDF)
APPROVALS:
Shanita Tillman Completed 03/29/2024 3:40 PM
Finance Completed 04/02/2024 8:08 AM
City Manager Completed 04/02/2024 9:59 AM
City Council Pending 04/09/2024 6:00 PM
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1
RECORDING REQUESTED BY:
California Department of Parks and
Recreation Office of Grants and
Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Shanita Tillman
DEED RESTRICTION
I. WHEREAS, City of Grand Terrace (hereinafter referred to as “Owner(s)”) is/are recorded owner(s)
of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as
the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”)
is a public agency created and existing under the authority of section 5001 of the California Public Resources Code
(hereinafter referred to as the “PRC”); and
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for
improvements on the Property; and
IV. WHEREAS, on July 1, 2018, DPR’s Office of Grants and Local Services conditionally approved
Grant 18-36-052, (hereinafter referred to as “Grant”) for Veterans Freedom Park improvements, subject to, among
other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would
not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as
to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
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NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned
Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby
irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit
B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes
covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed
to the Property as fully effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s)
and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 to June 30, 2048.
2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall
constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution;
and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed
Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section
3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded
property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral
which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction
will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the
event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed
a waiver of enforcement rights regarding such breach, or any subsequent breach.
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5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason
becomes unenforceable, no other provision shall be affected or impaired.
DATED: ______________________________, 2024
PRINT NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
[NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE]
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4
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On this ____ day of _________________, 20__, a Notary Public personally appeared
__________________________, who 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 acknowledgement to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________
__________________________________
Notary Public
Printed Name: _____________________
Commission Expires: _______________
(Seal)
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PROPERTY INFORMATION REPORT FOR PARCEL 1167-201-01-0000
Property Information Management System
San Bernardino County
Office of the Assessor
Property Information Management System
D.6.a
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Current Owners
Property Address (Main Situs)
Owner and Mailing Address CITY OF GRAND TERRACE
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Name CITY OF GRAND TERRACE
R/I CORPORATION
% Int
Type
Acquisition Date
Document Date
Inactive Date
100.0000000
BILLED OWNER
NONE
09/30/1992
NONE
Document Numbers
9240309200000
ACTIVE
EXEMPT FROM
ASSESSMENT
VACANT
0 TO 4,999 SQ. FEET
SAN BERNARDINO
REAL PROPERTY
COMMERCIAL ZONE OR
USE
1167201010000
Property ID
Parcel Status
Tax Status
Use Code
Land Access
Land Type
Size
District
Resp Group
Resp Unit
Parcel
PUBLIC FACILITIES
Parcel Type REAL PROPERTY
Property Information
04/14/1993Effective Date
Legal Parcel Map
Parcel Map Parcel Nbr Unit Book Page
1167201010000
No Legal Reason for Change Found
Legal Description
EAST RIVERSIDE LAND CO W 320.65 FT LOT 43
No Active Homeowner's Exemptions Found
Property Information Management System3/26/2024 1:38:38 PM 1 of 2 Page(s)
San Bernardino County Assessor
D.6.a
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San Bernardino County Assessor
D.6.a
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1
RECORDING REQUESTED BY:
California Department of Parks and
Recreation Office of Grants and
Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Shanita Tillman
DEED RESTRICTION
I. WHEREAS, City of Grand Terrace (hereinafter referred to as “Owner(s)”) is/are recorded owner(s)
of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as
the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”)
is a public agency created and existing under the authority of section 5001 of the California Public Resources Code
(hereinafter referred to as the “PRC”); and
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for
improvements on the Property; and
IV. WHEREAS, on July 1, 2018, DPR’s Office of Grants and Local Services conditionally approved
Grant 18-36-055, (hereinafter referred to as “Grant”) for Richard Rollins Park improvements, subject to, among other
conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would
not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as
to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
D.6.b
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2
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned
Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby
irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit
B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes
covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed
to the Property as fully effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s)
and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 to June 30, 2048.
2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall
constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution;
and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed
Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section
3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded
property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral
which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction
will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the
event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed
a waiver of enforcement rights regarding such breach, or any subsequent breach.
D.6.b
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3
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason
becomes unenforceable, no other provision shall be affected or impaired.
DATED: ______________________________, 2024
PRINT NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
[NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE]
D.6.b
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4
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On this ____ day of _________________, 20__, a Notary Public personally appeared
__________________________, who 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 acknowledgement to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________
__________________________________
Notary Public
Printed Name: _____________________
Commission Expires: _______________
(Seal)
D.6.b
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PROPERTY INFORMATION REPORT FOR PARCEL 1178-091-01-0000
Property Information Management System
San Bernardino County
Office of the Assessor
Property Information Management System
D.6.b
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Current Owners
Property Address (Main Situs)
Owner and Mailing Address CITY OF GRAND TERRACE
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Name CITY OF GRAND TERRACE
R/I SOLE OWNER
% Int
Type
Acquisition Date
Document Date
Inactive Date
100.0000000
BILLED OWNER
NONE
03/01/1982
NONE
Document Numbers
8300000000000
ACTIVE
EXEMPT FROM
ASSESSMENT
VACANT
0 TO 4,999 SQ. FEET
SAN BERNARDINO
REAL PROPERTY
RES ZONE(MAX 14
UTS)&USE EX HPC/MHM(1-
14 UTS,CHURC
1178091010000
Property ID
Parcel Status
Tax Status
Use Code
Land Access
Land Type
Size
District
Resp Group
Resp Unit
Parcel
SINGLE FAMILY
RESIDENTIAL
Parcel Type REAL PROPERTY
Property Information
05/11/1992Effective Date
Legal Parcel Map
Parcel Map Parcel Nbr Unit Book Page
1178091010000
No Legal Reason for Change Found
Legal Description
DIXON TRACT LOTS 9 10 AND PTN LOT 11 LYING ELY OF LI COM N 89 DEG 48 MIN E 617 FT FROM
NW COR SD LOT 11 TH S 0 DEG 12 MIN 00 SEC E 100 FT TH S 17 DEG 34 MIN 51 SEC W 159.13 FT
TH S 15 DEG 12 MIN E19.06 FT TH S 8 DEG 12 MIN E 160.6 FT TH S 5 DEG 38 MIN W 204.2 FT TO S
LI SD LOT EX TRACT 9625
Property Information Management System3/26/2024 1:32:14 PM 1 of 2 Page(s)
San Bernardino County Assessor
D.6.b
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No Active Homeowner's Exemptions Found
Property Information Management System3/26/2024 1:32:14 PM 2 of 2 Page(s)
San Bernardino County Assessor
D.6.b
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1
RECORDING REQUESTED BY:
California Department of Parks and
Recreation Office of Grants and
Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Shanita Tillman
DEED RESTRICTION
I. WHEREAS, City of Grand Terrace (hereinafter referred to as “Owner(s)”) is/are recorded owner(s)
of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as
the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”)
is a public agency created and existing under the authority of section 5001 of the California Public Resources Code
(hereinafter referred to as the “PRC”); and
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for
improvements on the Property; and
IV. WHEREAS, on July 1, 2018, DPR’s Office of Grants and Local Services conditionally approved
Grant 18-36-081 and 18-36-082, (hereinafter referred to as “Grant”) for Griffin Park improvements, subject to, among
other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would
not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as
to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
D.6.c
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2
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned
Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby
irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit
B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes
covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed
to the Property as fully effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s)
and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 to June 30, 2048.
2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall
constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution;
and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed
Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section
3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded
property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral
which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction
will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the
event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed
a waiver of enforcement rights regarding such breach, or any subsequent breach.
D.6.c
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3
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason
becomes unenforceable, no other provision shall be affected or impaired.
DATED: ______________________________, 2024
PRINT NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
[NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE]
D.6.c
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4
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On this ____ day of _________________, 20__, a Notary Public personally appeared
__________________________, who 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 acknowledgement to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________
__________________________________
Notary Public
Printed Name: _____________________
Commission Expires: _______________
(Seal)
D.6.c
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PROPERTY INFORMATION REPORT FOR PARCEL 0276-213-49-0000
Property Information Management System
San Bernardino County
Office of the Assessor
Property Information Management System
D.6.c
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Current Owners
Property Address (Main Situs)
Owner and Mailing Address CITY OF GRAND TERRACE
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Name CITY OF GRAND TERRACE
R/I SOLE OWNER
% Int
Type
Acquisition Date
Document Date
Inactive Date
100.0000000
BILLED OWNER
NONE
06/19/1985
NONE
Document Numbers
8514708200000
ACTIVE
EXEMPT FROM
ASSESSMENT
SFR
20,000 SQ. FEET TO 1.500
ACRES
SAN BERNARDINO
REAL PROPERTY
RES ZONE(MAX 14
UTS)&USE EX HPC/MHM(1-
14 UTS,CHURC
0276213490000
Property ID
Parcel Status
Tax Status
Use Code
Land Access
Land Type
Size
District
Resp Group
Resp Unit
Parcel
SINGLE FAMILY
RESIDENTIAL
Parcel Type REAL PROPERTY
Property Information
02/20/1986Effective Date
Legal Parcel Map
Parcel Map Parcel Nbr Unit Book Page
0276213490000
No Legal Reason for Change Found
Legal Description
TRACT 9482 PTN LOTS 26 THRU 33 DESC AS PTN SD LOTS LYING WITHIN CERTAIN 100 FT WIDE
EASEMENT DESC IN DOC REC BOOK 7436 PG 578 OR AND PTN SD LOT 33 LYING SLY OF ELY
PROLONGATION OF CERTAIN COURSE INBDRY SD LOT 33 BEING N 88 DEG 58 MIN 15 SECONDS
E 100 FT
Property Information Management System3/26/2024 1:30:47 PM 1 of 2 Page(s)
San Bernardino County Assessor
D.6.c
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No Active Homeowner's Exemptions Found
Property Information Management System3/26/2024 1:30:47 PM 2 of 2 Page(s)
San Bernardino County Assessor
D.6.c
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1
RECORDING REQUESTED BY:
California Department of Parks and
Recreation Office of Grants and
Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Shanita Tillman
DEED RESTRICTION
I. WHEREAS, City of Grand Terrace (hereinafter referred to as “Owner(s)”) is/are recorded owner(s)
of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as
the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”)
is a public agency created and existing under the authority of section 5001 of the California Public Resources Code
(hereinafter referred to as the “PRC”); and
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for
improvements on the Property; and
IV. WHEREAS, on July 1, 2018, DPR’s Office of Grants and Local Services conditionally approved
Grant 18-36-053, (hereinafter referred to as “Grant”) for the Grand Terrace Fitness Park bicycle rack installation,
subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would
not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as to
enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
D.6.d
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2
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned
Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby
irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit
B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes
covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed
to the Property as fully effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s)
and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 to June 30, 2048.
2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall
constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution;
and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed
Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section
3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded
property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral
which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction
will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the
event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed
a waiver of enforcement rights regarding such breach, or any subsequent breach.
D.6.d
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3
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason
becomes unenforceable, no other provision shall be affected or impaired.
DATED: ______________________________, 2024
PRINT NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
[NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE]
D.6.d
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4
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On this ____ day of _________________, 20__, a Notary Public personally appeared
__________________________, who 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 acknowledgement to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________
__________________________________
Notary Public
Printed Name: _____________________
Commission Expires: _______________
(Seal)
D.6.d
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PROPERTY INFORMATION REPORT FOR PARCEL 0275-231-66-0000
Property Information Management System
San Bernardino County
Office of the Assessor
Property Information Management System
D.6.d
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Current Owners
Property Address (Main Situs)
Owner and Mailing Address CITY OF GRAND TERRACE
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
C/O CITY CLERK
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Name CITY OF GRAND TERRACE
R/I CORPORATION
% Int
Type
Acquisition Date
Document Date
Inactive Date
100.0000000
BILLED OWNER
10/31/2011
10/31/2011
NONE
Document Numbers
20110451317
ACTIVE
EXEMPT FROM
ASSESSMENT
VACANT
PUBLIC PAVED
5,000 TO 7,199 SQ. FEET
SAN BERNARDINO
REAL PROPERTY
RES ZONE(MAX 14
UTS)&USE EX HPC/MHM(1-
14 UTS,CHURC
0275231660000
Property ID
Parcel Status
Tax Status
Use Code
Land Access
Land Type
Size
District
Resp Group
Resp Unit
Parcel
SINGLE FAMILY
RESIDENTIAL
Parcel Type REAL PROPERTY
Property Information
11/08/2011Effective Date
Legal Parcel Map
Tract Lot Block Unit Book Page
14816 19
No Legal Reason for Change Found
Legal Description
TRACT 14816 LOT 19
Property Information Management System3/26/2024 1:29:14 PM 1 of 2 Page(s)
San Bernardino County Assessor
D.6.d
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No Active Homeowner's Exemptions Found
Property Information Management System3/26/2024 1:29:14 PM 2 of 2 Page(s)
San Bernardino County Assessor
D.6.d
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1
RECORDING REQUESTED BY:
California Department of Parks and
Recreation Office of Grants and
Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Shanita Tillman
DEED RESTRICTION
I. WHEREAS, City of Grand Terrace (hereinafter referred to as “Owner(s)”) is/are recorded owner(s)
of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as
the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”)
is a public agency created and existing under the authority of section 5001 of the California Public Resources Code
(hereinafter referred to as the “PRC”); and
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for
improvements on the Property; and
IV. WHEREAS, on July 1, 2018, DPR’s Office of Grants and Local Services conditionally approved
Grant 18-36-080, (hereinafter referred to as “Grant”) for the Grand Terrace Dog Park improvements, subject to, among
other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would
not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as to
enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
D.6.e
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2
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned
Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby
irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit
B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes
covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed
to the Property as fully effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s)
and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 to June 30, 2048.
2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall
constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution;
and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed
Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section
3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded
property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral
which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction
will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the
event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed
a waiver of enforcement rights regarding such breach, or any subsequent breach.
D.6.e
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3
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason
becomes unenforceable, no other provision shall be affected or impaired.
DATED: ______________________________, 2024
PRINT NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
[NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE]
D.6.e
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4
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On this ____ day of _________________, 20__, a Notary Public personally appeared
__________________________, who 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 acknowledgement to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________
__________________________________
Notary Public
Printed Name: _____________________
Commission Expires: _______________
(Seal)
D.6.e
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PROPERTY INFORMATION REPORT FOR PARCEL 0276-462-10-0000
Property Information Management System
San Bernardino County
Office of the Assessor
Property Information Management System
D.6.e
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Current Owners
Property Address (Main Situs)
Owner and Mailing Address CITY OF GRAND TERRACE
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
C/O CITY CLERK
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Name CITY OF GRAND TERRACE
R/I CORPORATION
% Int
Type
Acquisition Date
Document Date
Inactive Date
100.0000000
BILLED OWNER
01/31/2012
09/02/2015
NONE
Document Numbers
20120039493
20150380519
ACTIVE
EXEMPT FROM
ASSESSMENT
VACANT
PUBLIC PAVED
0 TO 4,999 SQ. FEET
SAN BERNARDINO
REAL PROPERTY
RES ZONE(MAX 14
UTS)&USE EX HPC/MHM(1-
14 UTS,CHURC
0276462100000
Property ID
Parcel Status
Tax Status
Use Code
Land Access
Land Type
Size
District
Resp Group
Resp Unit
Parcel
SINGLE FAMILY
RESIDENTIAL
Parcel Type REAL PROPERTY
Property Information
02/09/2012Effective Date
Legal Parcel Map
Parcel Map Parcel Nbr Unit Book Page
0276462100000
Legal Description
VISTA GRANDE TRACT PTN LOTS 1/A AND 2 M B 17/10 TOGETHER WITH THAT PTN OF VISTA
GRANDE WAY VACATED 7-31-64 O R 6202/577 DESC AS BEG S 0 DEG 14 MIN 00 SECONDS E 68.57
FT FROM THE NW COR SD LOT 2 TH N0 DEG 14 MIN 00 SECONDS W 85.59 FT TH N 62 DEG 44 MIN
05 SECONDS E 29.75 FT TH N 63 DEG 48 MIN 46 SECONDS E 32.07 FT TH N 79 DEG 41 MIN 55
SECONDS E 211.49 FT TO A PT ON THE W LI OF VISTA GRANDE WAY RELOCATED BY DEED 10-16
-63 O R 6010/285 60 FT WIDE TH SLY ALG WLY LI OF RELOCATED VISTA GRANDE WAY TO A PT OF
INTERSECTION WITH A LI THAT BEARS N 83 DEG 57 MIN 40 SECONDS E 257.20 FT FROM THE
POB TH S 83 DEG 57 MIN 40 SECONDS W 257.20 FT TO POB
Property Information Management System3/26/2024 1:22:34 PM 1 of 2 Page(s)
San Bernardino County Assessor
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No Legal Reason for Change Found
No Active Homeowner's Exemptions Found
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San Bernardino County Assessor
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1
RECORDING REQUESTED BY:
California Department of Parks and
Recreation Office of Grants and
Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Shanita Tillman
DEED RESTRICTION
I. WHEREAS, City of Grand Terrace (hereinafter referred to as “Owner(s)”) is/are recorded owner(s)
of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as
the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”)
is a public agency created and existing under the authority of section 5001 of the California Public Resources Code
(hereinafter referred to as the “PRC”); and
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for
improvements on the Property; and
IV. WHEREAS, on July 1, 2018, DPR’s Office of Grants and Local Services conditionally approved
Grant 18-36-054, (hereinafter referred to as “Grant”) for TJ Austyn Park improvements, subject to, among other
conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would
not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as
to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
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NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned
Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby
irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit
B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes
covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed
to the Property as fully effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s)
and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 to June 30, 2048.
2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall
constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution;
and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed
Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section
3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded
property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral
which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction
will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the
event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed
a waiver of enforcement rights regarding such breach, or any subsequent breach.
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3
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason
becomes unenforceable, no other provision shall be affected or impaired.
DATED: ______________________________, 2024
PRINT NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
[NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE]
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4
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On this ____ day of _________________, 20__, a Notary Public personally appeared
__________________________, who 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 acknowledgement to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________
__________________________________
Notary Public
Printed Name: _____________________
Commission Expires: _______________
(Seal)
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PROPERTY INFORMATION REPORT FOR PARCEL 1178-231-74-0000
Property Information Management System
San Bernardino County
Office of the Assessor
Property Information Management System
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Current Owners
Property Address (Main Situs)
Owner and Mailing Address CITY OF GRAND TERRACE
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Name CITY OF GRAND TERRACE
R/I CORPORATION
% Int
Type
Acquisition Date
Document Date
Inactive Date
100.0000000
BILLED OWNER
11/09/1989
09/08/2011
NONE
Document Numbers
20110375706
ACTIVE
NOT ASSESSED, COMMON
AREA
VACANT
7.001 TO 14.000 ACRES
SAN BERNARDINO
REAL PROPERTY
RES ZONE(MAX 14
UTS)&USE EX HPC/MHM(1-
14 UTS,CHURC
1178231740000
Property ID
Parcel Status
Tax Status
Use Code
Land Access
Land Type
Size
District
Resp Group
Resp Unit
Parcel
SINGLE FAMILY
RESIDENTIAL
Parcel Type REAL PROPERTY
Property Information
09/19/2011Effective Date
Legal Parcel Map
Parcel Map Parcel Nbr Unit Book Page
1178231740000
No Legal Reason for Change Found
Legal Description
TRACT 13205-1 LOT C (COMMON AREA ONLY)
Property Information Management System4/3/2024 11:01:45 AM 1 of 2 Page(s)
San Bernardino County Assessor
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No Active Homeowner's Exemptions Found
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San Bernardino County Assessor
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PROPERTY INFORMATION REPORT FOR PARCEL 1178-231-75-0000
Property Information Management System
San Bernardino County
Office of the Assessor
Property Information Management System
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Current Owners
Property Address (Main Situs)
Owner and Mailing Address CITY OF GRAND TERRACE
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Name CITY OF GRAND TERRACE
R/I CORPORATION
% Int
Type
Acquisition Date
Document Date
Inactive Date
100.0000000
BILLED OWNER
11/09/1989
09/08/2011
NONE
Document Numbers
20110375706
ACTIVE
NOT ASSESSED, COMMON
AREA
VACANT
7.001 TO 14.000 ACRES
SAN BERNARDINO
REAL PROPERTY
RES ZONE(MAX 14
UTS)&USE EX HPC/MHM(1-
14 UTS,CHURC
1178231750000
Property ID
Parcel Status
Tax Status
Use Code
Land Access
Land Type
Size
District
Resp Group
Resp Unit
Parcel
SINGLE FAMILY
RESIDENTIAL
Parcel Type REAL PROPERTY
Property Information
09/19/2011Effective Date
Legal Parcel Map
Parcel Map Parcel Nbr Unit Book Page
1178231750000
No Legal Reason for Change Found
Legal Description
TRACT 13205-1 LOT D (COMMON AREA ONLY)
Property Information Management System3/26/2024 1:37:39 PM 1 of 2 Page(s)
San Bernardino County Assessor
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No Active Homeowner's Exemptions Found
Property Information Management System3/26/2024 1:37:39 PM 2 of 2 Page(s)
San Bernardino County Assessor
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PROPERTY INFORMATION REPORT FOR PARCEL 1178-231-76-0000
Property Information Management System
San Bernardino County
Office of the Assessor
Property Information Management System
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Current Owners
Property Address (Main Situs)
Owner and Mailing Address CITY OF GRAND TERRACE
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Protected per CA. Govt. Code
Sect. 6254.21
Name CITY OF GRAND TERRACE
R/I CORPORATION
% Int
Type
Acquisition Date
Document Date
Inactive Date
100.0000000
BILLED OWNER
11/09/1989
09/08/2011
NONE
Document Numbers
20110375706
ACTIVE
NOT ASSESSED, COMMON
AREA
VACANT
7.001 TO 14.000 ACRES
SAN BERNARDINO
REAL PROPERTY
RES ZONE(MAX 14
UTS)&USE EX HPC/MHM(1-
14 UTS,CHURC
1178231760000
Property ID
Parcel Status
Tax Status
Use Code
Land Access
Land Type
Size
District
Resp Group
Resp Unit
Parcel
SINGLE FAMILY
RESIDENTIAL
Parcel Type REAL PROPERTY
Property Information
09/19/2011Effective Date
Legal Parcel Map
Parcel Map Parcel Nbr Unit Book Page
1178231760000
No Legal Reason for Change Found
Legal Description
TRACT 13205-1 LOT E (COMMON AREA ONLY)
Property Information Management System4/3/2024 11:02:24 AM 1 of 2 Page(s)
San Bernardino County Assessor
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No Active Homeowner's Exemptions Found
Property Information Management System4/3/2024 11:02:24 AM 2 of 2 Page(s)
San Bernardino County Assessor
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AGENDA REPORT
MEETING DATE: April 9, 2024 Council Item
TITLE: Traffic Signal Design for Intersections of Mt Vernon at Van
Buren Street and Pico Street, CIP 2024-Txx
PRESENTED BY: Kamran Dadbeh, Interim City Engineer
RECOMMENDATION: 1. Find that the Capital Improvement Project (CIP 2024-
T) is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Regulations Section
15301(c) and authorize the preparation and filing of a Notice
of Exemption as applicable.
2. Award a contract to Minagar & Associates for
professional engineering services for the design of traffic
signals at the intersections of Mt Vernon and Van Buren
Street, and Pico Street, in the amount of $38,359 plus a 10%
contingency ($3,836). Authorize the City Manager to execute
the agreement, subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements
to public infrastructure.
BACKGROUND:
In 2007, the City of Grand Terrace entered into a Joint Community Facility Agreement
(JCFA) with Riverside Union School District (RUSD) to secure a special tax bond. The
City will receive $354,200 from the proceeds of the bond.
DISCUSSION:
Staff solicited proposals from Willdan, Minagar & Associates, and Kimley Horn for
designing traffic signals at two intersections: Mt. Vernon/Van Buren and Mt.
Vernon/Pico. Minagar & Associates was chosen for the project. The contract consists of
two parts: the first part evaluates both intersections to determine if they meet the
warrants for installing traffic signals as per California Manual on Uniform Traffic Control
Devices standards. If the intersections meet the warrants, the second part of the
contract will be authorized to design the traffic signal.
Staff recommends that the City Council approve staff’s recommendation.
CEQA FINDING:
D.7
Packet Pg. 76
Traffic signal projects fall under the categorical exemption from the California
Environmental Quality Act (CEQA) pursuant to CEQA Regulations Section 15301(c)
because they relate to the repair/maintenance of existing streets.
FISCAL IMPACT:
If approved this project will be funded by the bond proceeds mentioned above and be
expensed in Fund 48, account 48-100-250-000-000.
ATTACHMENTS:
• Traffic Signals Location (PDF)
• Proposal Minagar (PDF)
• Traffic Signal Project - Consultant Agreement (DOCX)
APPROVALS:
Kamran Dadbeh Skipped 03/29/2024 3:17 PM
Shanita Tillman Completed 03/29/2024 3:17 PM
Finance Completed 04/02/2024 8:06 AM
City Manager Completed 03/20/2024 10:40 AM
City Council Pending 04/09/2024 6:00 PM
D.7
Packet Pg. 77
Traffic Signal Installation at:
Mt. Vernon & Van Buren
Mt. Vernon & Pico
D.7.a
Packet Pg. 78
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D.7.b
Packet Pg. 79
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D.7.b
Packet Pg. 80
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D.7.b
Packet Pg. 81
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D.7.b
Packet Pg. 82
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D.7.b
Packet Pg. 83
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D.7.b
Packet Pg. 84
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D.7.b
Packet Pg. 85
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D.7.b
Packet Pg. 86
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D.7.b
Packet Pg. 87
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D.7.b
Packet Pg. 88
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D.7.b
Packet Pg. 89
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D.7.b
Packet Pg. 90
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D.7.b
Packet Pg. 91
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D.7.b
Packet Pg. 92
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D.7.b
Packet Pg. 93
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D.7.b
Packet Pg. 94
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D.7.b
Packet Pg. 95
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D.7.b
Packet Pg. 96
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D.7.b
Packet Pg. 97
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D.7.b
Packet Pg. 98
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D.7.b
Packet Pg. 99
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D.7.b
Packet Pg. 100
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D.7.b
Packet Pg. 101
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D.7.b
Packet Pg. 102
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D.7.b
Packet Pg. 103
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D.7.b
Packet Pg. 104
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D.7.b
Packet Pg. 105
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D.7.b
Packet Pg. 106
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D.7.b
Packet Pg. 107
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D.7.b
Packet Pg. 108
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D.7.b
Packet Pg. 109
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D.7.b
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AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MINAGAR & ASSOCIATES
D.7.c
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MINAGAR & ASSOCIATES
This “AGREEMENT FOR CONTRACT SERVICES is made and entered into this 26th
day of March, 2024 by between the City of Grand Terrace, a California municipal corporation
(“City”) and MINAGAR & ASSOCIATES, INC. (“Consultant”). City and Consultant are
sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to
as the “Parties.”
RECITALS
A. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
D.7.c
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1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
D.7.c
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Thirty Eight Thousands Three Hundred and Fifty Nine Dollars and Zero
Cents, ($38,359.00), (the “Contract Sum”), unless additional compensation is approved pursuant
to Section 1.8.
D.7.c
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
D.7.c
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Fred Minagar Principal
D.7.c
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It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Konrad Bolowich, City Manager or such person as may be
designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
D.7.c
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Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
D.7.c
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coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
D.7.c
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ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant’s activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’
reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
D.7.c
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(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
D.7.c
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
D.7.c
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
D.7.c
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
D.7.c
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
D.7.c
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
D.7.c
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
D.7.c
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
D.7.c
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01247.0005/972644.1 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal
corporation
____________________________________
Konrad Bolowich, City Manager
ATTEST:
______________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
______________________________________
Adrian Guerra, City Attorney
CONSULTANT:
By:
___________________________________
Name: Fred Minagar
Title: President & CEO
By:
___________________________________
Name:
Title:
Address: 23282 Mill Creek Drive , Suite 120
Laguna Hills, CA 92653
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
D.7.c
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01247.0005/972644.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
D.7.c
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01247.0005/972644.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
D.7.c
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01247.0005/972644.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide contract services for the City (“Services”). The Services will
include, but not be limited to, the following:
II. As part of the Services, Consultant will prepare and deliver such tangible work
products to the City as the City may require from time to time.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
IV. All work product is subject to review and acceptance by the City, and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
D.7.c
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01247.0005/972644.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.7 (Further Responsibilities of Parties) is hereby amended as follows
(strikethrough represents deleted language while bold italics represents added language):
“(a) Both parties agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree to act in good faith
to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
(b) In the event that Consultant utilizes a retired annuitant of the California
Public Employees’ Retirement System (“Annuitant”) to perform any services
under this Agreement, Consultant shall ensure that the Annuitant’s performance
of any services under this Agreement is in compliance with all applicable laws,
including, but not limited to, the California Public Employees’ Retirement
System’s (“CalPERS”) rules and regulations governing the hiring of retired
CalPERS annuitants by California cities.”
II. Section 5.3 (Indemnification) is hereby amended as follows (strikethrough represents
deleted language while bold italics represents added language):
“5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”)
against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities whether actual or threatened (herein “claims or liabilities”) that may be
asserted or claimed by any person, firm or entity arising out of or in connection
with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any
individual or entity for which Consultant is legally liable (“indemnitors”), or arising
from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from
Consultant’s or indemnitors’ negligent performance of or failure to perform any
term, provision, covenant or condition of this Agreement, and in connection
therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs
and attorney’s fees incurred in connection therewith;
D.7.c
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01247.0005/972644.1 B-2
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work,
operations or activities of Consultant hereunder; and Consultant agrees to save and
hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages
or other claims arising out of or in connection with the negligent performance of or
failure to perform the work, operation or activities of Consultant hereunder,
Consultant agrees to pay to the City, its officers, agents or employees, any and all
costs and expenses incurred by the City, its officers, agents or employees in such
action or proceeding, including but not limited to, legal costs and attorney’s fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Consultant shall be fully responsible to indemnify City
hereunder therefore, and failure of City to monitor compliance with these
provisions shall not be a waiver hereof. This indemnification includes claims or
liabilities arising from any negligent or wrongful act, error or omission, or reckless
or willful misconduct of Consultant in the performance of professional services
hereunder. The provisions of this Section do not apply to claims or liabilities
occurring as a result of City’s sole negligence or willful acts or omissions, but, to
the fullest extent permitted by law, shall apply to claims and liabilities resulting in
part from City’s negligence, except that design professionals’ indemnity hereunder
shall be limited to claims and liabilities arising out of the negligence, recklessness
or willful misconduct of the design professional. The indemnity obligation shall be
binding on successors and assigns of Consultant and shall survive termination of
this Agreement.
(d) Consultant’s services under this Agreement are being provided to the City
as that of an independent contractor. In the event that Consultant or any
employee, agent, or subcontractor of Consultant providing services under this
Agreement claims or is determined by the California Public Employees’
Retirement System (“CalPERS”) or a court of competent jurisdiction to be
classified as other than an independent contractor, then Consultant shall
indemnify, defend, and hold harmless the City, its officers, employees and agents
from any and all assessed fines, penalties, judgments and/or employer
contributions to CalPERS for CalPERS retirement benefits on behalf of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any
individual or entity for which Consultant is legally liable, as well as for the
payment of any interest on such fines, penalties, judgments or CalPERS
contributions, including such payments which would otherwise be the
responsibility of the City. Consultant’s obligations under this Section 5.3(d) shall
be in addition to any other obligation of the Consultant to indemnify, defend, and
hold harmless the City, its officers, employees and agents.”
D.7.c
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01247.0005/972644.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services in Exhibit A at the following rates:
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
III. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
D.7.c
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D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall commence performance of all Services within 80 business days of
this Agreement’s complete execution by the parties. Consultant shall further perform
all Services timely in accordance with the schedules to be developed by Consultant
and subject to the written approval of the Contract Officer.
II. In addition to any other tangible work products required by this Agreement,
Consultant shall deliver such tangible work products that the City may require from
time to time.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
D.7.c
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