HomeMy WebLinkAboutRITE AID CORPORATION/JOHN HALL, TRUSTEE - 2006
A-2006-320
...,.....::
"
~
Clerk ofthe Council
City of Santa Ana
20 Civic Center Plaza M-30
P.O. Box 1988
Santa Ana, California 92702
Rel:orded in Official Records, Orange County
Tom Daly, Clerk-Recorder
111111111111111111I111111111I111111111I11111111111111I111111111111111111111 NO FE E
2007000160246 02:31pm 03/13/07
11fi 45 A12 26
0.00 O.OCl 0.00 0.00 0.00 0.00 0.00 0.00
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
FREE RECORDING
GOVERNMENT CODE 9 6103
~1f
,,~
,.,(/:~
( !.
,j\
SEWER SERVICE AGREEMENT
THIS SEWER SERVICE AGREEMENT (herein referred to as the "Agreement") is
entered into as of this .!1.!!:-day of bet.....~ 200'i(herein referred to as the "Effective
Date") by and among the CITY OF SANTA ANA, a charter city duly organized under the
Constitution and laws of the State of California (herein referred to as the "City"), on the one
hand, and THE JOHN C. HALL TRUST UAD 12/10/01, and RITE AID CORPORATION, a
Delaware corporation (herein both entities are referred to collectively as "Owner"), on the other
hand, with reference to the following facts:
A. The John C. Hall Trust UAD 12/10/01 is the fee title holder and Rite Aid
Corporation is tenant under a long term ground lease of that certain real property commonly
known as 13946-13 972 Tustin Avenue, Orange County Assessor's Parcel Numbers 396-312-07,
396-312-08, and 396-312-09 in the unincorporated area of the County of Orange (herein referred
to as the "County"), State of California, and more particularly described and shown in Exhibit A
attached hereto and incorporated herein by this reference (herein referred to as the "Owner's
Property"); and
B. The sewage and wastewater needs of the Owner's Property, as well as the
properties in the vicinity of the Owner's Property that are generally shown on Exhibit B hereto
and herein referred to as the "Benefited Properties" are presently served by either septic tank
systems or not at all; and
C. While it is not feasible to annex the Owner's Property or the Benefited Properties
into the City at this time, it is the desire ofthe Owner to obtain sewer service from the City for the
Owner's Property pending later annexation ofthe Owner's Property to the City if and when it is
feasible to do so. More particularly, the Owner desires to have the City consent to the Owner
providing sewer service to its property by the installation and extension, at the Owner's sole cost
and expense, of all ofthe following improvements in accordance with plans and specifications
prepared, or to be prepared, by the Owner and approved by the City's Director of Public
Works/City Engineer (the "Plans"):
(i) a sewer main located in Ponderosa Street extending approximately 480 feet to
join the City's existing sewer system located in Seventeenth Street as shown in
concept on Exhibit B hereto (herein referred to as the "Sewer Main"), and
(ii) a sewer lateral (herein referred to as the "Sewer Lateral") from the proposed
Sewer Main to' the private property line of the Owner's Property, as shown in
concept on Exhibit B hereto.
The Sewer Main and the Sewer Lateral may sometimes be referred to herein collectively as the
"Improvements"; and
E. The Owner and the City agree that, due to the location and capacity of the City's
sewer system and the fact that the sewer and wastewater needs of the Owner's Property and the
Benefited Properties are presently served either by septic tank systems or not at all, it is beneficial
for the City to provide sewer service to the Owner's Property and potentially to the Benefited
Properties, provided that the Owner agrees to and will install, at its own sole cost and expense,
the Improvements and thereafter pay the City's sewer service charges for the Owner's Property;
and
F. The City has existing sewer lines and facilities as shown on Exhibit B. which
existing sewer lines and facilities are at a sufficient capacity to provide service to the Owner's
Property and the Benefited Properties, and the City is willing and able to provide sewer service to
those properties subject to the terms and conditions of this Agreement; and
G. The provision of sewer service by the City to the Owner's Property (and
potentially to the Benefited Properties) pursuant to the terms and conditions of this Agreement
will not adversely impact sewer service to other City customers or result in a significant loss of
revenue to the City; and
H. The Owner and the City wish to set forth the circumstances and terms and
conditions under which the City will provide sewer service to the Owner's Property; and
I. The public interest, economy, and general welfare will be served by this
Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THESE PREMISES AND
THE TERMS AND CONDITIONS HEREIN, THE ADEQUACY AND LEGAL SUFFICIENCY
OF WHICH ARE HEREBY ACKNOWLEDGED AND WHICH ARE INCORPORATED INTO
THIS AGREEMENT BY THIS REFERENCE, THE PARTIES AGREE AS FOLLOWS:
I. The City hereby agrees to furnish, and the Owner hereby agrees to accept, the
City's sewer service to the Owner's Property in accordance with the terms and provisions of this
Agreement.
2
2. The City hereby agrees to and shall review and approve the Plans for the
Improvements and the connection of the Improvements to the Owner's Property to the City's
sewer system in accordance with the City's standard procedures and subject to compliance with
all applicable federal, state and local statutes and regulations and the Owner's satisfaction of all
of the terms and conditions of this Agreement.
3. Provided that the Owner's application for sewer service and the Plans for
connection to the City's sewer system meet the specifications of the City's Municipal Code and
any and all local rules and regulations related thereto and that the Owner constructs the
Improvements to the satisfaction of the Director and with the consent of the County and the
County Sanitation District of County (herein referred to as the "Sanitation District"), the Owner
agrees to dedicate the Sewer Main to the City free and clear of all liens. The City hereby agrees
to and shall inspect and assume ownership (including full responsibility for maintenance) of the
Sewer Main and Sewer Laterals (only to the Owner's property line) in accordance with the City's
standard procedures and will thereafter provide sewer service to the Owner's Property, including
all customer service functions associated with providing sewer service.
4. In light of the fact that the Owner's Property is not located within the boundaries
ofthe City and the City is presently unable to include the Owner on its billing system for monthly
sewer service charges paid by owners of similarly situated real property located within the
boundaries ofthe City, the Owner hereby agrees to and shall pay to the City upon delivery ofthis
Agreement to the City a monthly sewer service charge and a sewer connection fee in the amounts
set forth on Exhibit C attached hereto; provided, however, that, from and after the effective date
of annexation of the Owner's Property to the City, the Owner hereby agrees to and shall pay to
the City a monthly sewer service charge, sewer connection fee and any other applicable charges
and fees in effect and paid by the owners of similarly situated real property located within the
boundaries of the City at the rate(s) established therefor by the City (subject to any adjustments
provided for by the City from time to time).
5. Prior and as a condition precedent to the City's obligation to accept ownership of
the Sewer Main described on the Plans and the City's provision of sewer service to the Owner's
Property, the Owner hereby agrees to and shall satisfY the following conditions:
(a) Secure from the County and any other public agency having jurisdiction all
easements, encroachment permits and/or other approvals and consents necessary and
appropriate to permit the Owner to install the Improvements, including the payment of all
fees related thereto. The easements, permits, approvals and consent required to be
obtained from the County must include the delegation to the City of complete
responsibility for all lines leading from the Sewer Main up to the connection with the
City's existing sewer lines located in Seventeenth Street. This responsibility will include,
but not be limited to, maintenance, repair, clearance of all stoppages, and repair of streets,
sidewalks, and private property damage by the failure or work on any portion of the line.
The City will use its best efforts to assist the Owner in securing such easements, permits,
and/or other approvals and consents from the County;
3
(b) Comply with all applicable laws, ordinances, statutes, codes, rules,
regulations, orders, and decrees of the United States, the State of California, the
County of Orange, the City, or any other political subdivision with jurisdiction over
Owner's Property, and of any other political subdivision, agency, or instrumentality
exercising jurisdiction over the City, Owner or the Owner's Property, including all
applicable federal, state, and local occupation, safety and health laws, rules,
regulations and standards, applicable state and labor standards, prevailing wage
requirements, the City zoning and development standards, City permits and approvals,
building, plumbing, mechanical and electrical codes, as they apply to work undertaken
pursuant to this Agreement, and all other provisions of the City and its Municipal
Code (as they apply to work undertaken pursuant to this Agreement), and the Unruh
Civil Rights Act, Civil Code ~ 51 et seq.;
(c) Comply with the City's prevailing wage requirements, as set forth in
Exhibit D hereto;
(d) If the Owner's Property is not presently within the jurisdiction of the
Sanitation District, the Owner shall make and submit an application to the Sanitation
District and any other public agency having jurisdiction for annexation of the Owner's
Property to the Sanitation District and shall obtain the requisite approval of the
application for annexation and an order of annexation into the Sanitation District.
6. In connection with the Owner's performance of such work of improvement
(with "Owner", as used herein to specifically include any ofthe Owner's agents, contractors,
or employees), the Owner hereby agrees and covenants to repair or cause to be repaired any
portion ofa public street or right-of-way affected by the Owner's work or other acts at the
Owner's expense and in accordance with the City's and County's (as the case may be) rules
and ordinances regulating street excavations. In the event that the Owner shall fail or neglect
to make (or cause to be made) such repairs, then thirty (30) days after notice therefor has been
given to the Owner by the City, the City may repair said street or right-of-way at the expense
ofthe Owner, and upon the presentation of a bill therefor the Owner shall pay the same within
thirty (30) days after receipt. The amount so chargeable to the Owner in such case shall be
the actual cost of such repair.
7. The work of construction, maintenance or repair of any facilities within the
public streets or rights-of-way subject to this Agreement shall be conducted with the least
possible hindrance to the use of the streets for purposes of travel , and as soon as such work is
completed all portions of the public streets and rights-of-way which have been excavated or
otherwise damaged thereby shall be placed in as good of a condition as they were in before
the commencement of such work, to the satisfaction ofthe Director and the County.
8. Ifand when an owner of one or more of the Benefited Properties shown on
Exhibit B hereto submits an application for connection to the City's sewer system and meets
the specifications ofthe City's Municipal Code (as the same may be amended from time to
time) and any and all local rules and regulations related thereto, the City hereby agrees to and
4
shall thereafter provide sewer service to the property in question and shall provide all
customer service functions associated with providing service to the property in question,
provided that each such owner shall pay to the City upon delivery of a Sewer Service
Agreement, in recordable form, a sewer maintenance charge and a sewer connection fee in
amounts established by the City for connection to the City's sewer system, together consent to
annexation as provided in Paragraph 9, below.
9. As further consideration for the provision of sewer facilities and services to the
Owner's Property by the City, the Owner hereby agrees not to file protest, either written or
otherwise, against annexation of the Owner's Property to the City at such time as the City
determines it to be feasible to annex the Owner's Property to the City and delivers notice thereof
to the Owner. Moreover, the Owner hereby agrees to cooperate with the City and take all
reasonable action deemed necessary by the City to effect the annexation ofthe Owner's
Property to the City, including the execution of all documents necessary and appropriate to
recommend, support, carry out and implement the annexation of the Owner's Property to the
City. Ifthe Owner should protest annexation of the Owner's Property, the City may, at its
option, elect to terminate the sewer facilities and services afforded to the Owner's Property by
this Agreement.
10. Nothing contained in this Agreement shall be construed as representing the
establishment of any precedent or the formation of any policy by the City to supply sewer
service or any other City service in the future to any unincorporated territory on the terms and
conditions contained herein or on any terms and conditions whatsoever.
11. The Owner understands and agrees that in the event it fails, neglects or refuses
to construct the Improvements to the satisfaction of the Director and actually connect to the
City-owned sewer on or before the earlier to occur of (a) the second anniversary of the
Effective Date of this Agreement, or (b) if applicable, the date the residential structure
currently under construction by Owner on the Owner's Property has been completed, this
Agreement and the City's obligations, duties and responsibilities hereunder shall be null and
void and of no further force or effect; provided, however. that in the event that the City
Council finds and determines that the Owner was unable to actually connect with the City-
owned sewer, this period may be extended on such terms as the City Council may find to be
just, fair and equitable.
12. This Agreement shall be recorded in the Official Records of the County of
Orange, State of Cali fomi a at the Owner's sole cost.
13. This Agreement is intended to benefit only the parties hereto and no other person
or entity has or shall acquire any rights hereunder. This Agreement does not create any third
party beneficiary rights.
14. All of the terms, conditions and provisions hereof shall inure to the benefit of
and be binding upon the parties hereto and their respective successors and assigns, provided,
however, that no assignment of this Agreement sh~ll be made without the prior written
5
consent ofthe parties to the Agreement, which consent may not be unreasonably withheld.
15. No violation or breach of the covenants, conditions, restrictions, provisions or
limitations contained in this Agreement shall defeat or render invalid or in any way impair the
lien or charge of any mortgage or deed of trust or security interest in and to the Owner's
Property; provided, however. that any subsequent owner of the Owner's Property shall be bound
by such covenants, conditions, restrictions, limitations, and provisions, whether such owner's
title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
16. Whenever performance is required of any party hereunder, that party shall use all
due diligence to perform and take all necessary measures in good faith to perform; provided,
however, that if completion of performance shall be delayed at any time by reason of acts of God,
war, civil commotion, riots, strikes, picketing, or other labor disputes, or damage to work in
progress by reason offire or other casualty or cause beyond the reasonable control of a party (acts
by the performing party causing the situation to be beyond reasonable control excepted), then the
time for performance as herein specified shall be appropriately extended by the amount of the
delay actually so caused.
17. Invalidation of any of the provisions contained in this Agreement, or of the
application thereof to any person or circumstance, by judgment or court order, shall in no way
affect any of the other provisions hereof or the application thereof to any other person or
circumstance and the same shall remain in full force and effect, unless enforcement of this
Agreement as so invalidated would be unreasonable or grossly inequitable under all the
circumstances or would frustrate the purposes of this Agreement.
18. Any notice to any party shall be in writing and given by delivering the same to
such party in person or by sending the same by registered or certified mail, return receipt
requested, with postage prepaid to the party's mailing address. The respective mailing addresses
of the parties thereto are, until changed as hereinafter provided, the following:
Ifto Owner, to:
John C. Hall Trust
2210 Temple Hills Drive
Laguna Beach, California 92651
and
Rite Aid Corporation
7800 Valley View Street
Buena Park, California 90620
If by Mail:
Rite Aid Corpo,ation
Attn: I. Lawrence Gelman
P.O. Box 3165
Harrisburg, Pennsylvania 17105
If by Overnight Delivery
Rite Aid Corporation
30 Hunter Lane
Camp Hill, Pennsylvania 17011
Attn: I. Lawrence Gelman
6
with courtesy copy to:
Gregory N. Weiler, Esq.
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, Suite 1300
Irvine, California 92614
telefacsimile (949) 851-1554
If to the City, to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza M-21
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5622
with courtesy copy to:
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
Any party may change its mailing address at any time by giving written notice of
such change to the other parties in the manner provided herein at least ten (10) days prior to the
date such change is effected. All notices under this Agreement shall be deemed given, received,
made or communicated on the date personal delivery is effected or, if mailed, on the delivery date
or attempted delivery date shown on the return receipt.
Every notice (other than the giving or withholding of consent, approval or
satisfaction under this Agreement, but including requests therefor) given to a party or other
person shall comply with the following requirements. Each such notice shall state: (i) the
paragraph of this Agreement pursuant to which the notice is given; and (ii) the period of time
within which the recipient of the notice must respond or ifno response is required, a statement to
that effect. Each request for consent or approval shall contain reasonably sufficient data or
documentation to enable the recipient to make an informed decision.
19. This writing constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes all oral or written representations or written
agreements which may have been entered into between the parties. This Agreement may be
cancelled, changed, modified or amended in whole or in part only by a written and recorded
instrument executed by the City and the Owner (or their respective successors and assigns). If
7
any provision of this Agreement shall be held invalid, such invalidity shall not affect the other
provisions hereof, and to this extent, the provisions of this Agreement are intended to be and
shall be deemed severable.
20. Time is of the essence of this Agreement and each and every provision hereof.
21. In the event that the Owner fails to comply with this Agreement, the City will
have, in addition to the right to collect damages, the right to enjoin such violation or threatened
violation in a court of competent jurisdiction. Prior to the commencement of any such action,
written notice of the violation will be given to the Owner.
22. The Owner will not be in default under this Agreement except under such
provisions as require the performance of an act on or before a specific date or within a specified
period oftime, unless Owner has been given a written notice specifying the default and (a) fails to
cure it within the period ofthirty (30) days, or (b) commences to cure the default within such
period of time, and if the default cannot be cured within the specified times above in (a), if Owner
thereafter does not diligently proceed to complete the curing ofthe default.
23. The term of this Agreement shall commence on the execution hereof and shall
remain in full force and effect unless terminated by the mutual agreement ofthe parties.
24. This Agreement shall be governed by the laws of the State of California. Any
legal action concerning or arising out ofthis Agreement shall be filed in a court of the State of
California having jurisdiction of the subject matter, and venue shall be in the County of, State
of California.
25. During the period of construction, and until such time as the City accepts the
Sewer Main and Sewer Lateral, the Owner agrees to and shall indemnify and hold the City
and its officers, employees, contractors and agents (the "Indemnitees") harmless from and
against all liability, loss, damage, costs, or expenses (including reasonable attorneys' fees and
court costs) (collectively, the "Claims") arising from or as a result of the death of any person
or any accident, injury, loss, or damage whatsoever caused to any person or to the property of
any person which shall occur on or adjacent to the location of the Improvements, and which
shall be directly or indirectly caused by any acts done thereon by, or any errors or omissions
of, the Owner or its officers, employees, contractors and agents (the "Owner's Designees").
In addition, the Owner covenants to indemnify the Indemnitees and save the
Indemnitees harmless from and against any and all Claims arising from or out of the Owner's
failure to comply with any provision of its agreements with the Participants (or any of them), or
occasioned wholly or in part by any act or omission ofthe Owner or the Owner's Designees. In
case the City shall, without fault, be made a party to any litigation commenced by or against the
Owner by the Participants or any other person, or if the City shall, in its sole and reasonable
discretion, determine that it must intervene in such litigation to protect its interest hereunder,
including, without limitation, the incurring of costs, expenses, and attorneys' fees, then the Owner
shall protect and hold the City harmless by attorneys satisfactory to the City and shall pay all
8
costs, expenses and reasonable attorneys fees incurred or paid by tbe City in connection witb such
litigation. The City shall have tbe right to engage its own attorneys in connection with any ofthe
provisions oftbis Section 26 or any other provision oftbis Agreement, including, witbout
limitation, any defense ofthe City or intervention by the City, notwithstanding any contrary
provisions of the laws or court decisions oftbe state.
At all times during the pendency of construction, the Owner shall maintain or
cause to be maintained (either itself or through its general contractor) commercial general
liability insurance on an "occurrence" basis against claims for "personal injury", including
death, bodily injury or property damage liability and in an amount not less than $1,000,000
and such additional insurance as may be reasonably required by the City or the County from
time to time. The Owner shall also furnish or cause to be furnished to the City evidence
satisfactory to the City that any contractor with whom the Owner has contracted for tbe
performance ofthe work contemplated by tbis Agreement carries workers' compensation
insurance as required by law.
26. The Owner shall notify tbe City and tbe County of Orange prior to
commencing any construction activity within the public streets or rights-of-way and prior to
making connection to tbe City's sewer system.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and autborized on the Effective Date.
"CITY"
CITY OF SANTA ANA
~~
(rr- PATRICIAE. HEALY
IJ Clerk of the Council
Ua~..
DA VIDN. REAM
City Manager
-
(signatures continued on next page)
9
(signatures continued from previous page)
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
"OWNER"
THE JOHN C. HALL TRUSTUAD 12/10/01
~f?~
UC.H~STEE
RITE AID CORPORATION
-:L .
I
Printed Name I. Lawrence lman
~
10
Mar 12 07 11:08a
Public loIorks
7146473345
p.2
Approved:
ORANGE COUNTY LOCAL AGENCY
FORMATION COMMITTEE
By
JOYCE CROSTHWAITE
Executive Officer
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , 200_, before me,
Notary Public, personally appeared _____
the , pn;lon: 11) I:nown to me (or proved
to me on the basis of satisfactory evidence) to be tll': p~J~son(s) whose name(s)
(is) (are) subscribed to the within instrument 8]:1 ac mJ",ledged to me that (he)
(she) (they) executed the same in (his) (her) (~\I,)ir); .ul:1orized capacity(ies), and
that by (his) (her) (their) signature(s) on the in ;llruJll :~I: ':he person(s), or the
entity upon behalf of which the person(s) acte. L. eXGu:ed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public ir ~md br said State
II
ACKNOWLEDGMENT
~~lva,vW).
~~:~~alt~ltu'\d
On RJD'\\ltoxy 2 k:>! 1AJV1
, before me, Ult'1.da L. - lbilllN If\,
gnserfname and title of the officer)
Notary Public, personally appeared \. la.'wr€t1W (J-ellM1M/1,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
~rson0 whose nameM@resubscribedtothewithininstrument, and acknowl~ to me that
he she/they executed t:h~ 'same i@1er/their authorized capacit~ and that by ~er/their
19natur# on the instrument the person%or the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
Sig~~,~
(Seal)
'.'~'lJH OF PENNSYlVANIA
COMMO"..~
NOTAAIIJ.. SEALy PUBUC
UNOA L. BROW~O~:'BERLANO co.
~ ~~~~ EXPIRES JUNE 18.2008
ACKNOWLEDGMENT
State of Cali fomi a
County of Of (,4 '(3 e
On M. 9) a Ct:J7
'e,
Notary Public, personally appeared, ,
_personally known to m..!; ~or proved to me on the basis of satisfactory evidence) to be the
,PliZrsonl!5 whose name(15~e su~ribed to the within instrument, and acknowled,ge4 to me that
\h9'/she/theyexecuted the same in hislher/their authorized capacityEfes),and that by(his/her/their
signature~ on the instrument the person~, or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
)AAAAAAAAAAAAAAAAAA(
@"~~:"" S. DAVIS ~
z" \ COMM. # 1595166 y,
::0''''. .; NOTARY PUBLIC-CAliFORNIA ~
C) .' ORANGE COUNTY ~
") . ..... MYCOMMISSIOOEXPIRESJUlY15,2009 t:
y..~ y y y y y y y y y y y y y y y y
Signatur0' tf)h~
(Seal)
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Orange } SS.
On March 1,2007, before me,
Claudia M. Fernandez-Shaw, Notary Public,
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
David N. Ream
Name(s)ofSigner(s)
1- - - C~~~WJ
i. Notary PubIlc . CaIIIamla ~
! 0Iange C tv -
J _ _ _ ~:~:.~~2:2~ot
G"Personally known to me
D proved to me on the basis of satisfactory
evidence
to be the person(sI!' whose nam~'are
subscribed to tlfe' within instrument and
acknowledged to me tha~,/31u""ch,,y executed
the same in ~r authorized
capacity(ieio), and that by ~lI\helf
signature(srun the instrument the perso~ or
the entity upon behalf of which the pers~~
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
And could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner -- D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGIIT THUMBPRINT ~I
OF SIGNloR ~
'"
,
Top of thumb here
\\cda-ch\user$\CShaw\Desktop\General NotaryF arm.doc
EXHIBIT "A"
LEGAL DESCRIPTION OF OWNER'S PROPERTY
[remainder of this page intentionally left blank]
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1
THAT PORTION OF LOT THIRTEEN IN BLOCK "B" OF THE AS- CHAPMAN TRACT, AS SURVEYED
BY FRANK LECOUVREUR IN DECEMBER 1870, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO
RALPH W. HULL BY DEED RECORDED DECEMBER 24TH, 1919 IN BOOK 346, PAGE 340 OF
DEEDS, SAID CORNER BEING THE NORTHERL Y PROLONGATION OF THE WEST LINE OF TRACT
NO. 1031 AS SHOWN ON A MAP RECORDED IN BOOK 33, PAGE 43 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 0' 05' 30" WEST ALONG THE
NORTHERLY PROLONGATION AND ALONG SAID WEST LINE A DISTANCE OF 326.96 FEET TO A
POINT; THENCE NORTH 89' 44' 40" WEST 11052 FEET TO THE SOUTHEAST CORNER OF
LAND CONVEYED TO DUNCAN W LANGTON BY DEED RECORDED MAY 19TH 1952 IN BOOK 2331,
PAGE 330 OF OFFICIAL RECORDS; THENCE NORTH 11' 21' 07" WEST ALONG THE EASTERLY
LINE OF LAND CONVEYED TO LANGTON, 200.88 FEET; THENCE NORTH O' 05' 30" WEST
13074 FEET TO THE NORTHEAST CORNER OF SAIO LAND CONVEYED TO LANGTON, SAID POINT
ALSO BEING IN THE NORTH LINE OF SAID PARCEL OF LAND CONVEYED TO RALPH W. HULL;
THENCE SOUTH 89' 31' 53" EAST ALONG SAID NORTH LINE 150.39 FEET TO THE POINT
OF BEGINNING
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO
RALPH W HULL BY DEED RECORDED DECEMBER 24, 1919 IN BOOK 346, PAGE 340 OF DEEDS,
SAID CORNER BEING IN THE NORTHERLY PROLONGATION OF THE WEST LINE OF TRACT NO
1031, AS PER MAP THEREOF RECORDED IN BOOK 33, PAGE 43 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 0' 05' 30" WEST, ALONG SAID
NORTHERL Y PROLONGATION AND ALONG SAID EAST LINE, A DISTANCE OF 131.71 FEET,
THENCE NORTH 89' 09' 53" WEST 150.39 FEET; THENCE NORTH 0' OS' 30" WEST
130.74 FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO DUNCAN W. LANGTON BY
DEED R~CORDED MAY 19, 1952 IN BOOK 2331, PAGE 330 OF OFFICIAL RECORDS, SAID
POINT ALSO BEING IN THE NORTH LINE OF THE SAID PARCEL OF LAND CONVEYED TO RALPH
W HULL; THENCE SOUTH 89' 31' 53" EAST, ALONG SAID NORTH LINE 150.39 FEET, TO
THE POINT OF BEGINNING
PARCEt 2
A PORTION OF LOT 13, BLOCK B, OF THE A. B. CHAPMAN TRACT, AS SURVEYED BY FRANK
LECOUVREUR IN DECEMBER 1870 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A PORTION ON THE EAST LINE OF THE LAND CONVEYED TO RALPH W. HULL BY
DEED RECORDED DECEMBER 24, 1919 IN BOOK 346 PAGE 340 OF DEEDS, BEING ON THE WEST
LINE OF TRACT NO. 1031 AS PER MAP RECORDED IN BOOK 33, PAGE 43 OF MISCELLANEOUS
MAPS, IN THE OFFICE Of THE COUNTY RECORDER OF SAID COUNTY, SOUTH 0' 05' 30"
WEST 326.96 FEET ALONG SAID WEST LINE AND THE NORTHERLY PROLONGATION THEREOF
FROM THE NORTHEAST CORNER OF SAID HULL LAND, THENCE NORTH 89' 44' 40" WEST
22105 FEET TO A POINT ON THE NORTHEAST LINE OF THE 80 FOOT RIGHT OF WAY
CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER 7, 1937 IN BOOK
904 PAGE 518 OF OFFICIAL RECORDS, BEING ON A CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 1540 FEET A RADIAL LINE FROM SAID POINT BEARS SOUTH
71' 46' 11" WEST, THENCE SOUTHEASTERLY 62.24 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 2' 18' 56"; THENCE SOUTH 89' 17' 13" EAST 202.69 FEET TO
SAID WEST LINE OF TRACT NO. 1031; THENCE NORTH 0' 05' 30" EAST 61.03 FEET TO
THE POINT OF BEGINNING.
PARCEL 3;
THAT PORTION OF LOT 13 IN BLOCK B OF THE AB CHAPMAN TRACT, AS SHOWN ON A MAP
RECORDED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, CALIFORNIA.
BEGINNING AT THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO JOHN A
THOMPSON, A MARRIED MAN, RECORDED FEBRUARY 14, 1955 IN BOOK 2957, PAGE 240 OF
OFFICIAL RECORDS; THENCE NORTH 11' 21' 07" EAST 8064 FEET TO A POINT ON THE
NORTHERL Y PROLONGATION OF THE EASTERLY LINE OF SAID LAND, SAID POINT ALSO BEING
80.00 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID LAND;
THENCE SOUTH 85' 52' 56" WEST PARALLEL WITH SAID NORTHERLY LINE TO THE
NORTHEASTERLY LINE OF THE RIGHT OF WAY DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA FOR HIGHWAY PURPOSES, RECORDED OCTOBER 7, 1937 IN BOOK 904, PAGE 518
OJ:" OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF THE RIGHT OF
WA Y TO THE NORTHWESTERLY CORNER OF SAID LAND CONVEYED TO THOMPSON; THENCE NORTH
85' 32' 56" EAST' 116.76 FEET TO THE POINT OF BEGINNING.
PARCEL 4;
THAT PORTION OF LOT 13 IN BLOCK B OF THE A. B. CHAPMAN TRACT, AS SURVEYED BY
FRANK LECOUVREUR IN DECEMBER 1870, AS SHOWN ON A MAP RECORDED IN BOOK 102,
PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT IN THE EAST LINE OF THE PARCEL OF LAND CONVEYED TO RALPH
W. HULL BY DEED RECORDED IN BOOK 346, PAGE 340 OF DEEDS, SAID POINT BEING IN THE
WEST LINE OF TRACT NO. 1031, AS PER MAP THEREOF RECORDED IN BOOK 33, PAGE 43 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AND DISTANT SOUTH
0' 05' 30" WEST ALONG SAID WEST LINE OF SAID TRACT AND ITS NORTHERLY
PROLONGATION, A DISTANCE OF 131 71 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL
OF LAND CONVEYED TO RALPH W HULL; THENCE SOUTH 0' 05' 30" WEST ALONG THE WEST
LINE OF SAID TRACT, 195.25 FEET TO A POINT; THENCE NORTH 89' 44' 40" WEST
110.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING; THENCE CONTINUING
NORTH 89' 44' 40" WEST 110.53 FEET TO A POINT ON THE NORTHEAST LINE OF THE 80
FOOT RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, BY
DEED RECORDED OCTOBER 7, 1937 IN BOOK 904, PAGE 518 OF OFFICIAL RECORDS, SAID
POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND RAVING A RADIUS OF 1540 FEET, A
RADIAL LINE TO THE CENTER OF SAID COURSE BEARING SOUTH 71" 46' 11" WEST,SAID
POINT BEING DISTANT SOUTHEASTERLY 14383 FEET MEASURED ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 5' 21' 04" FROM THE NORTHERLY END OF SAID CURVE; THENCE
NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 5' 21' 04" A
DISTANCE OF 14383 FEET TO A LINE TANGENT, THENCE NORTH 23' 34' 53" WEST ALONG
SAID TANGENT LINE 70.20 FEET TO A POINT; THENCE SOUTH 89" 09' 53" EAST 150.39
FEET; THENCE SOUTH 11' 21' 07" EAST 20088 FEET TO THE TRUE POINT OF
BEGINNING
PARCEL 4 (conMnued)
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LAND CONVEYED TO RALPH W. HULL, BY DEED
RECORDED IN BOOK 346, PAGE 340 OF DEEDS; THENCE ALONG THE EAST LINE OF SAID
LAND, BEING ALSO THE NORTHERLY PROLONGATION AND WEST LINE OF TRACT 1031, AS
SHOWN ON A MAP RECORDED IN BOOK 33, PAGE 43 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0' 05' 30" WEST 326.96 FEET; THENCE
NORTH 89' 44' 40" WEST 110.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 1 r 21' 07" WEST 62 FEET; THENCE WESTERLY IN A DIRECT LINE TO A POINT ON
THE NORTHEAST LINE OF THE 80 FOOT RIGHT OF WAY CONVEYED TO THE STATE OF
CALIFORNIA FOR HIGHWAY PURPOSES, BY DEED RECORDED OCTOBER 7, 1937 IN BOOK 904,
PAGE 518 OF OFFICIAL RECORDS, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 1540 FEET AND DISTANT SOUTHEASTERLY 88.83 FEET MEASURED
ALONG SAID CURVE FROM THE NORTHERLY END OF SAID CURVE; THENCE SOUTHEASTERLY
ALONG SAID CURVE 55 FEET TO A LINE BEARING SOUTH 89' 44' 40" EAST AND PASSING
THROUGH THE TRUE POINT OF BEGINNING; THENCE SOUTH 89' 44' 40" EAST 110.53 FEET
TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS
. COMMENCING AT THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO JOHN A.
THOMPSON, A MARRIED MAN, RECORDED FEBRUARY 14, 1955 IN BOOK 2957, PAGE 240 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 11' 21' 07" EAST
80.64 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID
LAND, SAID POINT ALSO BEING 80' MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE
OF SAID LAND; THENCE SOUTH 85' 51' 56" WEST PARALLEL TO SAID NORTHERLY LINE TO
THE NORTHEASTERLY LINE OF THE RIGHT OF WAY DESCRIBED IN A DEED TO THE STATE OF
CALIFORNIA FOR HIGHWAY PURPOSES, RECORDED ON OCTOBER 7, 1937 IN BOOK 904, PAGE
518 OF OFFICIAL RECORDS, THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF THE RIGHT
OF WAY TO THE NORTHWESTERLY CORNER OF SAID LAND CONVEYED TO THOMPSON,
THENCE NORTH 85' 52' 56" EAST ALONG SAID NORTHERLY LINE OF THE LAND CONVEYED
TO THOMPSON TO THE POINT OF BEGINNING.
PARCEL 5:
A PORTION OF LOT 13 IN BLOCK B OF THE A B. CHAPMAN TRACT, AS CONVEYED BY FRANK
LECOUVREUR IN DECEMBER, 1870, DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHEAST CORNER OF LAND CONVEYED TO RALPH W. HALL BY DEED
RECORDED IN BOOK 346, PAGE 340 OF DEEDS; THENCE ALONG THE EAST LINE OF SAID
LAND, BEING ALSO THE NORTHERLY PROLONGATION AND 'WEST LINE OF TRACT NO. 1031, AS
SHOWN ON A MAP RECORDED IN BOOK 33, PAGE 43 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, SOUTH 0' 05' 30" WEST 326.96 FEET; THENCE NORTH
89' 44' 40" WEST 110.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
11' 21' 07" WEST 62 FEET; THENCE WESTERLY IN A DIRECT LINE TO A POINT ON THE
NORTHEAST LINE OF THE 80 FOOT RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA
FOR HIGHWAY PURPOSES BY DEED RECORDED OCTOBER 7, 1937 IN BOOK 904, PAGE 518 OF
OFFICIAL RECORDS, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 1540 FEET AND DISTANT SOUTHEASTERLY 8883 FEET MEASURED ALONG SAID
CURVE FROM THE NORTHERLY END OF SAID CURVE; THENCE SOUTHEASTERLY ALONG SAID
CURVE 55 FEET TO A LINE BEING SOUTH 89' 44' 40" EAST AND PASSING THROUGH THE
TRUE POINT OF BEGINNING; THENCE SOUTH 89' 44' 40" EAST 110.63 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 6
THA T PORTION OF THE LOT 13 IN BLOCK B OF THE A. B CHAPMAN TRACT, IN THE COUNTY
OF ORANGE STATE OF CALIFORNIA, AS PER MAP OF SURVEY BY FRANK LECOUVREUR IN
DECEMBER 1870, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED OF TRUST IN
FAVOR OF RALPH L. HOYLE JR. AND LORRAINE M HOYLE, RECORDED MARCH 30, 1956 IN
BOOK 3455 PAGE 352, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID DEED OF TRUST SOUTH
89' 17' 13" EAST 202.69 FEET TO THE WEST LINE OF TRACT 1031 AS PER MAP
RECORDED IN BOOK 33, PAGE 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE SOUTHERLY 84.00 FEET ALONG SAID WEST LINE TO THE
NORTHEAST CORNER OF THE LAND DESCRIBED IN A LEASE TO THE RICHFIELD OIL
CORPORATION RECORDED OCTOBER 11, 1954 IN BOOK 2839 PAGE 461, OFFICIAL RECORDS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89' 17' 13"
WEST 189.27 FEET ALONG THE NORTHERLY LINE OF SAID LEASE TO A CURVE IN THE
EASTERL Y LINE OF THE 80 FOOT STRIP OF LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED OCTOBER 7, 1937 IN BOOK 904 PAGE 518, OFFICIAL RECORDS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID CURVE BEING CONCAVE
SOUTHWESTERL Y AND HAVING A RADIUS OF 1540..00 FEET; THENCE NORTHWESTERLY 86.20
FEET ALONG SAID CURVE TO THE POINT OF BEGINNING.
PARCEL 7:
THAT PORTION OF LOT 13 IN BLOCK B OF THE A B CHAPMAN TRACT, IN THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP OF SURVEY BY FRANK LECOUVREUR IN
DECEMBER 1870, A COPY OF WHICH IS RECORDED IN BOOK 102 PAGE 15 OF MISCELLANEOUS
~
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF LAND DESCRIBED IN DEED TO RALPH W
HULL, RECORDED DECEMBER 24, 1919 IN BOOK 346, PAGE 340 OF DEEDS, SAID POINT
BEING THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE WEST LINE OF
PONDEROSA STREET WITH THE CENTERLINE OF SEVENTEENTH STREET, AS SHOWN ON A MAP
FILED IN BOOK 15, PAGE 4 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE NORTH 0' 05' 30" EAST ALONG THE
EAST LINE OF SAID LAND OF RALPH W HULL AND ALONG THE WEST LINE OF SAID
PONDEROSA STREET, A DISTANCE OF 190.00 FEET; THENCE NORTH 89' 17" 13" WEST
PARALLEL WITH THE CENTERLINE OF SAID SEVENTEENTH STREET TO A CURVE IN THE
EASTERLY LINE OF THAT CERTAIN 8000 FOOT STRIP OF LAND DESCRIBED IN DEED TO THE
STA TE OF CALIFORNIA, RECORDED OCTOBER 7, 1937 IN BOOK 904, PAGE 518 OF OFFICIAL
RECORDS, SAID CURVE BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1540.00
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE CENTERLINE OF SAID
SEVENTEENTH STREET; THENCE SOUTH 89' 17' 13" EAST TO THE POINT OF BEGINNING.
EXCEPT THE SOUTH 25 FEET THEREOF
ALSO EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF SANTA ANA IN DEEDS RECORDED
AUGUST 20, 2002 AS INSTRUMENT NO. 02-69991 o AND JULY 10, 2003 AS INSTRUMENT
NO. 03-807676 BOTH OF OFFICIAL RECORDS.
APN: 396-312-03 AND 396-312-04 AND 396-312-05 AND 396-312-06 AND 396-312-07 AND
396-312-08 AND 396-312-11
W!I :<::r:.=' ! f!0---~;j~ If
. "_0"._. ~'~I
-- _' -""'... .-" ....,. i! J I
. ~ ~-- ~.:::--, -- --.,;,;\1------------'- >--)
~;--:~~----------i----------------~\----':l- ----------------------:;'t---i')~ 'I
~" -----~------------------------------.r----~ -------------------------- -~-:.l .
. \ --;>. . \ ,I I
.. \ J L
-'______________ \ 1 ,!
\ \ ~ II'
~\\ '^' I [1~:~i:::L~~:::: (":1
.~:~-~\-------------\". ~ l'~
,\ ~. \ , ,',!, ~
~. .. \ ! \ ,,""
~ ~ \ \~O
\ \. \~. \ ~'Z- ~'
\ ~ ;.\~~~~~~l.l,,~~~~~i_t\~~m-- -tlJ
\ .~~ \ I
'-. !.tl. I"~ ,
'" -o~. ~
--J'-----l------~----- -~ I
" ill ~ I," '
\ l,ill-' ,~o i~I!'1
} ',I ! -,.~ ~ d
{~'- .... \ '~:i i
, :-,----------------- r
\\ \ \ ,
,\~\ f~!~
'< -\\~r~ I :lj
".~ \~~ ~ I. R1
\", r... \_... I.; ""1
". 'fU~~~\ ~~;
.' ,,~\'l~ ...::t
.\
~:
C~
\
,
~
,
\
"
\\
"
\
,
\
,
iii;~ii~i;iii;~~~irl. ii~iil~ I~
i"I~li'!lii iilll ii!i!1
~; ~~i r::~ ~ !~~~~~~~ ~~ ~:~~?
'I ::1111:1 ~ II ili!~! ~ II!! 1I
! 'i'W IIi;! "~I 'II
l I.. 1
~1~
\~,
..----.s.....iii'~'$:!S'a~~..v~'llCl~1 / \
j"!'jiiii,'jiiiiijiiiiiiiiiiii ><'
= ... ~<il"..... ~.... '''S .....c.
I' l.: <oil r
!!l!fl!]I!!!i!!!i %\
!!J!rd!!iijiiil; "'\
",iI'llull,"', ,
.i I:i.if ~i I \
Illii Ii i I.
-do..",ooo'I/.l. !>I~ \~
'I !, I · I . i III i iF \~
.>ll;llql'd ,
! \
1$030000<3<>< \
Hill'iP ,\
Ii'! Iq .
'I I! III ~\ _
h~f1; \
~ Is:!. -----~--
"I Lu_<-_, (L-1 -",,--,J<lO:"",
~ --3'.....(aonOl'~n2.u;'v<J _".u..
WI _"_(-''''1'<1/ ..."'.... Ion)
J~i 1'."/'fllU.'S/f} __""''''''../
.:~~
':il 1"'1
J:i~ :;!=Ii
~ii i~;i
~J:o( Il!i}
'''''11
nu;
Hilif ~~
Ii!! !i
'1'101
.,llli
I!~I jx
,111<1
.cll..IIi<il
! ~f~1{
III!
1'1
i
{
;J'U.H~ e
'I *
-'''''''-r--f' I
.ST~~~JLj
J
II
I'
I!
\
........--~ --...'"
mJ
1/3/2007 9:23:57 AM
~N HIli ilr!
! '~'.-!
.-.
G:\P\RIlL98055\98055ALUPDATE,dw., ALTA.
ALTA/ACSM LAND TITLE SURVEY
13t72M.TUSllNI\VEllUE
COUIITTOfOlWlGt,STATtOftll.lfOlMo\
m$_,.....-II~a.-.a..-("']US-Na ""'PU~/IW
I;
a
,.
!
~
~
City of Santo Ano
County of 0 onge
.~
.~ rn
-<
rn
.~ ~
~ ~
~ ., ~
0
\ ., P-<
\392.2-
/3946 o.
o.
13972 .~
.. - - - - - - - --- ~ ':'-=-':'~'""-=-'""-""'"-~:-_"------
I
I
I
I
U
I
-~-~----~--j-
17TH STREET
~
~
fj
Existing Sewer Main - - - - - - -
Proposed Sewer MainlLaterals
Benefited Properties r / / / ",I
~
1;;
.--
,
,
,
,
I
t
I
,
,
,
I
,
'f-<
I~
:~
I",
:~
to
I~
10
I
I
I
I
I
,
I
I
I
I
I
I
I
T
I
I
I
I
I
I
-..,---to
I
'"
'l>
~
/J8l!
/388/
139/1
/393/
/3971
~
.-
~
<SC..".E 'N. T .S,I
/3842
.
"
13852
~
/3862 ..,
/3892 '"
/39/2
/3922 '"
/3942 ~
~
"
L_~~~~~~~~r_~n~~__ __
City of Sonto Ano - - --
EXHIBIT "B"
GENERAL AREA MAP OF SEWER MAIN,
SEWER LATERALS, AND BENEFITED PROPERTIES
EXHIBIT "c"
LIST OF CHARGES
Monthly Sewer Maintenance Charge:
Presumed usage of20 units per month (I unit =
100 cubic feet of water) at the current rate of
$0.188 per unit with rate subject to unilateral
adjustment by the City Council from time to time
Sewer connection fee:
$78.14 per fixture unit (currently) with rate
subject to unilateral adjustment by the City
Council from time to time.
12
EXHmIT "D"
PREVAILING WAGE REQUIREMENT
A. Owner agrees to pay all workers employed in connection with the work to be
performed pursuant to this Agreement, not less than the prevailing rates of wages, as provided
in the statutes applicable to public works contracts of the City of Santa Ana ("City"),
including without limitation Sections 1770-1780 of the California Labor Code.
B. Owner shall maintain accurate records showing the name, occupation and actual per
diem, regular, overtime and holiday wages paid to each worker and fringe benefits (as
appropriate) paid to or on behalf of each worker employed in connection with the work to be
performed pursuant to this Agreement, the hours worked by such workers and amounts
withheld pursuant to law. Such records shall be open to inspection by City staff at reasonable
hours.
C. Owner shall cooperate with City staff or its consultants in carrying out any
investigation of any claim made by a worker employed by Owner that less than prevailing
wages were paid for work performed pursuant to this Agreement. Owner shall promptly pay
any amount determined by City to be the difference between the applicable prevailing wage
for the number of hours worked by the claimant and the amount actually paid to the claimant.
D. Owner agrees that, ifrequested by City, funds due to employee under this Agreement
may be withheld pending the completion of any investigation pursuant to Section C hereof to
. ensure that the amount of any restitution, which may be required, is available.
E. Owner agrees that, if City determines that Owner has violated any provision of this
exhibit, Owner may be required to post a bond or provide a Letter of Credit or other security,
in an amount sufficient to ensure that workers employed in connection with this Agreement
will receive the prevailing wages for the work to be performed, as determined to be
appropriate by City staff or consultants.
F. In the event that Owner subcontracts with an independent contractor for all or any part
ofthe work to be performed pursuant to this Agreement, and such subcontractor employs
workers to perform such work:
1. Owner shall assure that such subcontract includes and incorporates this
attachment/exhibit and requires such subcontractor to comply with and be bound by
the provisions hereof as the "Owner" with regard to the workers so employed.
2. In the event any such subcontractor is being investigated by City staff or
consultants pursuant to Section C hereof Owner shall, at the request of City, withhold
funds from such subcontractor prior to the completion of such investigation, to ensure
that the amount of any restitution which may be required is available.
13
3. In the event that the City staff determines that any such subcontractor has
violated the provisions of this attachment/exhibit, Owner agrees to cooperate with City
in withholding funds from such subcontractor or requiring such subcontractor to post
security, in accordance with Section E hereinabove. .
G. In the event of a dispute between Owner and City staff with respect to City staff
determination, Owner shall have the opportunity to bring the dispute before City Council for
review. The City Council may take such action, as it deems appropriate, including:
I. Affirming the City staff determination.
2. Referring the matter back to City staff for further investigation.
3. Reversing or modifYing the City staff determination.
4. Directing the City staffto appoint an independent hearing examiner for further
investigation.
5. Such other action as the City Council may deem appropriate under the
circumstances.
H. Owner shall no later than the 15th day of each month during construction of the
Improvements submit to the City a self-audit report declaring under penalty of perjury and
demonstrating that during the prior month it has complied with the provisions ofthis Exhibit
and California prevailing wage law. The self-audit report or statement not be binding nor
conclusive, nor shall the filing or failure to file such report or statement preclude the City
from conducting an audit
1. Owner shall keep and preserve for a period of not less than four (4) years all records as
may be necessary to determine whether it has paid prevailing wage as required by this
Exhibit, which records shall be made available to the City or its consultants and agents at all
reasonable times for purposes of conducting an audit. Owner shall permit an examination of
such books and records at a location within the City. In the event such books and records
cannot be made available within the City, the operator shall reimburse the City for the cost of
all transportation, lodging, meals, portal-to-portal travel time and other incidental costs
reasonably incurred by the City in conducting the audit. Appropriately identified confidential
or proprietary information furnished to the city as part of an audit shall remain confidential,
except in case of civil action or criminal prosecution.
J. Should any City conducted audit conclude that Owner has failed to pay prevailing
wage in at least five percent (5%) ofthe audited transactions (with a single pay day ofa single
wage eamer constituting one transaction), then Owner shall reimburse City for all actual costs
ofthe audit within thirty (30) days of receipt by Owner of the City's invoice.
1.4
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of . 200---, before me,
. a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter
city that executed the within instrument, known to me to be the person who executed the
within instrument on behalf of the municipal corporation therein named, and acknowledged to
me that such municipal corporation executed the within instrument pursuant to its bylaws or a
resolution of its City Council.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of ,200_, before me,
. a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the of ., the
that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument pursuant to its bylaws or a
resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
15
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of ,200-, before me,
, a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the of ., the
that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument pursuant to its bylaws or a
resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
16
Monthly Sewer Maintenance Charge:
Sewer connection fee:
EXHIBIT "c"
LIST OF CHARGES
Presumed usage of 20 units per month (I unit =
I 00 cubic feet of water) at the current rate of
$0.188 per unit with rate subject to unilateral
adjustment by the City Council from time to time
$78.14 per fixture unit (currently) with rate
subject to unilateral adjustment by the City
Council from time to time.
12
EXHffiIT "D"
PREVAILING WAGE REQUIREMENT
A. Owner agrees to pay all workers employed in connection with the work to be
performed pursuant to this Agreement, not less than the prevailing rates of wages, as provided
in the statutes applicable to public works contracts ofthe City of Santa Ana ("City"),
including without limitation Sections 1770-1780 of the California Labor Code.
B. Owner shall maintain accurate records showing the name, occupation and actual per
diem, regular, overtime and holiday wages paid to each worker and fringe benefits (as
appropriate) paid to or on behalf of each worker employed in connection with the work to be
performed pursuant to this Agreement, the hours worked by such workers and amounts
withheld pursuant to law. Such records shall be open to inspection by City staff at reasonable
hours.
C. Owner shall cooperate with City staff or its consultants in carrying out any
investigation of any claim made by a worker employed by Owner that less than prevailing
wages were paid for work performed pursuant to this Agreement. Owner shall promptly pay
any amount determined by City to be the difference between the applicable prevailing wage
for the number of hours worked by the claimant and the amount actually paid to the claimant.
D. Owner agrees that, if requested by City, funds due to employee under this Agreement
may be withheld pending the completion of any investigation pursuant to Section C hereof to
ensure that the amount of any restitution, which may be required, is available.
E. Owner agrees that, if City determines that Owner has violated any provision of this
exhibit, Owner may be required to post a bond or provide a Letter of Credit or other security,
in an amount sufficient to ensure that workers employed in connection with this Agreement
will receive the prevailing wages for the work to be performed, as determined to be
appropriate by City staff or consultants.
F. In the event that Owner subcontracts with an independent contractor for all or any part
of the work to be performed pursuant to this Agreement, and such subcontractor employs
workers to perform such work:
1. Owner shall assure that such subcontract includes and incorporates this
attachment/exhibit and requires such subcontractor to comply with and be bound by
the provisions hereof as the "Owner" with regard to the workers so employed.
2. In the event any such subcontractor is being investigated by City staff or
consultants pursuant to Section C hereof Owner shall, at the request of City, withhold
funds from such subcontractor prior to the completion of such investigation, to ensure
that the amount of any restitution which may be required is available.
13
3. In the event that the City staff determines that any such subcontractor has
violated the provisions of this attachment/exhibit, Owner agrees to cooperate with City
in withholding funds from such subcontractor or requiring such subcontractor to post
security, in accordance with Section E hereinabove.
G. In the event ofa dispute between Owner and City staff with respect to City staff
determination, Owner shall have the opportunity to bring the dispute before City Council for
review. The City Council may take such action, as it deems appropriate, including:
I. Affirming the City staff determination.
2. Referring the matter back to City staff for further investigation.
3. Reversing or modifYing the City staff determination.
4. Directing the City staff to appoint an independent hearing examiner for further
investigation.
5. Such other action as the City Council may deem appropriate under the
circumstances.
H. Owner shall no later than the 15th day of each month during construction of the
Improvements submit to the City a self-audit report declaring under penalty of perjury and
demonstrating that during the prior month it has complied with the provisions of this Exhibit
and California prevailing wage law. The self-audit report or statement not be binding nor
conclusive, nor shall the filing or failure to file such report or statement preclude the City
from conducting an audit
1. Owner shall keep and preserve for a period of not less than four (4) years all records as
may be necessary to determine whether it has paid prevailing wage as required by this
Exhibit, which records shall be made available to the City or its consultants and agents at all
reasonable times for purposes of conducting an audit. Owner shall permit an examination of
such books and records at a location within the City. In the event such books and records
cannot be made available within the City, the operator shall reimburse the City for the cost of
all transportation, lodging, meals, portal-to-portal travel time and other incidental costs
reasonably incurred by the City in conducting the audit. Appropriately identified confidential
or proprietary information furnished to the city as part of an audit shall remain confidential,
except in case of civil action or criminal prosecution.
J. Should any City conducted audit conclude that Owner has failed to pay prevailing
wage in at least five percent (5%) of the audited transactions (with a single pay day ofa single
wage earner constituting one transaction), then Owner shall reimburse City for all actual costs
of the audit within thirty (30) days of receipt by Owner of the City's invoice.
14
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 200--, before me,
, a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter
city that executed the within instrument, known to me to be the person who executed the
within instrument on behalf of the municipal corporation therein named, and acknowledged to
me that such municipal corporation executed the within instrument pursuant to its bylaws or a
resolution of its City Council.
WITNESS my hand and official seal.
NOTARY PUBLIC
ST ATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 200--, before me,
-' a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the of ., the
that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument pursuant to its bylaws or a
resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
15
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of ,200-, before me,
, a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the of ., the
that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument pursuant to its bylaws or a
resolution of its Board.
Wl1NESS my hand and official seal.
NOTARY PUBLIC
16