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CITY CLERK
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Recorded in Official Records
County of Riverside
City lerk Peter Aldana
y Assessor-County Clerk-Recorder
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234 R A Exam:
Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC
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CITY OF CATHEDRAL CITY
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 34322
FINAL MAP INCREMENT OF TENTATIVE TRACT 34322
DATE OF AGREEMENT: A /9/ Z3 2°1
NAME OF SUBDIVIDER: DESERT PRINCESS HOLDINGS, LLC, a California Limited
Liability Company (hereinafter referred to as "Subdivider").
NAME/NUMBER OF SUBDIVISION: TRACT NO. 34322, AND PLANNED UNIT
DEVELOPMENT NO. PUD 2007-001 (hereinafter referred to as "Subdivision").
TENTATIVE MAP AND PUD APPROVED ON JULY 11, 2007, BY ACTION OF THE CITY
COUNCIL (Minute Orders No. 4302A and 4302B) (the "Approval Action").
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this !.
Agreement is located in the City of Cathedral City, County of Riverside and is described in
Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
EST. TOTAL COST OF EST. TOTAL COST OF EST. TOTAL COST OF
PUBLIC IMPROVEMENTS: PRIVATE IMPROVEMENTS: MONUMENTATION:
$ N/A(see Exhibit "B") $ 651,100 (see Exhibit "B") $ 11,825
SURETY COMPANY: Jn/t NAT7U At_ /tPEt-/ry /A/11ALA vcc Go.
BOND NUMBERS: O G y k y Z�
FINANCIAL INSTITUTION:
DATE OF FINAL MAP APPROVAL BY CITY COUNCIL: APnIL �- , 2014
Page 1 of 18
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THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and
entered into by and between the City of Cathedral City, a California municipal corporation
(hereinafter referred to as "City"), and Desert Princess Holdings, LLC, a California Limited
Liability Company (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes
referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Subdivider is the owner of certain real property located in the City of Cathedral
City legally described on Exhibit "A" attached hereto and incorporated and made part of this
Agreement by this reference (the "Property").
B. Subdivider has presented to City for approval and recordation a final subdivision
map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of
California (the "Act") and the ordinances and regulations of the City relating to the filing,
approval and recordation of subdivision maps. The Act, and the ordinances and regulations of
the City are collectively referred to in this Agreement as the "Subdivision Laws", and Subdivider
acknowledges familiarity with the Subdivision Laws and hereby agrees to comply therewith.
C. Pursuant to the Approval Action, a tentative map of the Subdivision has been
approved, subject to the Subdivision Laws and the requirements and conditions contained on
the tentative map approved thereby (hereinafter the "Tentative Map"). The Tentative Map and
the Approval Action are on file in the Office of the City Clerk, and such Tentative Map and all
requirements and conditions imposed thereon by the Approval Action are incorporated into this
Agreement by this reference as if set forth fully herein.
D. The Subdivision Laws establish as a condition precedent to the approval of a final
map that Subdivider must have complied with the requirements and conditions of the Tentative
Map by either completing in accordance with City Standards, as hereinafter defined, all of the
public and private improvements and land development work required by the Subdivision Laws
and the Tentative Map; or (2) have entered in a secured agreement with the City to complete
such public and private improvements.
E. In consideration the approval of a final map for the Subdivision by the City Council,
Subdivider desires to enter into this Agreement to complete at its own expense all of the
improvements for the proposed Subdivision. Subdivider has secured this Agreement with
sufficient improvement securities in a form approved by the City Attorney (referred to collectively
hereinafter as "Improvement Securities" and individually as "Improvement Security") to
guarantee the construction and completion of all of the improvements.
F. Improvement Plans (the "Plans") for the construction, installation, and completion
of the public and private improvements have been prepared by Subdivider and approved by the
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City Engineer. The City has adopted standards (hereinafter "Standards") for the construction
and installation of improvements within the City, and the Plans have been prepared in
conformance with the Standards in effect on the date of the Tentative Map Approval Action.
The Plans are on file in the Office of the City Engineer and are incorporated into this Agreement
by this reference as if set forth fully herein. All references in this Agreement to the Plans shall
be deemed to include reference to any specifications for all of the improvements as approved by
the City Engineer.
G. An estimate of the cost for construction of the public and private improvements
and performing the land development work in connection with the improvements according to
the Plans has been made and approved by the City Engineer. The estimated cost of these
improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is
attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this
reference. The amounts of the Improvement Securities required to be posted with this
Agreement are also based upon the estimate in Exhibit "B". The streets and improvements
within Tract No. 34322 are private and there are no public improvements which will be dedicated
to and maintained by the City upon their completion. The sewer and water improvements
described in Exhibit "B" are to be accepted and maintained by the Coachella Valley Water
District (CVWD), and for the purposes of this Agreement are deemed "private improvements".
H. Subdivider recognizes that by approving the final map for the Subdivision, the City
will confer substantial rights upon Subdivider, including the right to sell, lease, or finance lots
within the Subdivision and will take the final act necessary to subdivide the Property. Subdivider
also acknowledges that as a result of taking such action, the City will be damaged to the extent
of the cost of installation of the improvements should Subdivider fail to perform its obligations in
accordance with the provisions of this Agreement.
NOW, THEREFORE, in consideration of the City Council's approval and recordation of
the final map of the Subdivision, Subdivider and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the Improvements (as hereinafter defined),
Subdivider shall comply with all the requirements and conditions of the Tentative Map, and any
amendments thereto, as well as the provisions of the Subdivision Laws.
(b) Subdivider shall complete, at its own expense, all the public and private
improvements and related work on Tract Map No. 34322, as required by the conditions of
approval of the Tentative Map in conformance with the approved Plans and City Standards,
including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively
the "Improvements"), within twenty-four ( 24 ) months of the date of final map approval by the
City Council, or by the date of final inspection by the City Building Department of any of the last
5 residential units constructed on Lots 82 through 124 inclusive, of said Tract No. 34322,
whichever date occurs first.
(c) Subdivider shall furnish the necessary materials for completion of the
Improvements in conformity with the Plans and City Standards.
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(d) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the
City, of all right-of-way, easements and other interests in real property required for construction
or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider's
obligations relating to acquisition by City of off-site rights-of-way, easements and other interests
in real property shall be subject to a separate agreement between Subdivider and City.
Subdivider shall also be responsible for obtaining any public or private drainage easements or
authorizations therefor to accommodate the Subdivision.
(e) Subdivider shall diligently prosecute construction of the Improvements and
complete same by the deadline stated in Subsection 1(b) above, unless a time extension is
granted by the City as authorized in Section 20 of this Agreement.
(f) Subdivider shall furnish and install all monuments and stakes as specified
on the final map for the Subdivision in accordance with the provisions of the Subdivision Laws
within thirty (30) days after completion of the Improvements, or as specified the separate
monument agreement with the City, but in any event prior to their acceptance by the City.
2. Improvement Securities.
(a) Subdivider shall at all times guarantee Subdivider's performance of this
Agreement by furnishing and maintaining good and sufficient Improvement Securities with the
City as required by the Subdivision Laws on forms approved by City for the purposes and in the
amounts as follows:
(i) SIX HUNDRED FIFTY ONE THOUSAND ONE HUNDRED AND 00/100
DOLLARS ($ 651,100) to ensure faithful performance of the construction and installation
of the Improvements required by this Agreement ("Performance Security"), which amount
is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and
(ii) THREE HUNDRED TWENTY FIVE THOUSAND FIVE HUNDRED FIFTY
AND 00/100 DOLLARS ($ 325,550) to secure payment to any contractor, subcontractor,
persons renting equipment or furnishing labor materials for the Improvements required to
be constructed or installed pursuant to this Agreement ("Labor & Materials Security"),
which amount is 50% of the estimated cost of the Improvements; and
(iii) SIXTY FIVE THOUSAND ONE HUNDRED TEN AND 00/100 DOLLARS
($ 65,110) in the form of a Warranty Bond or cash deposit with the City to guarantee or
warranty the Improvement work done pursuant to this Agreement for a period of one (1)
year following acceptance/certification thereof by City, against any defective work or labor
done or defective materials furnished ("Warranty Security"). The Warranty Security is
10% of the estimated cost of the Performance Security amount described above, and
such Warranty Security must be provided by Subdivider to City prior to the City's release
of any bonds or Improvement Securities filed with this Agreement; and
(iv) ELEVEN THOUSAND EIGHT HUNDRED TWENTY FIVE AND 00/100
DOLLARS ($ 11,825), in the form of a cash deposit, which is 100% of the estimated cost
of setting final subdivision monuments ("Monumentation Security").
(b) The Improvement Securities required by this Agreement shall be kept on
file with the City Clerk. If surety bonds are used, they must be issued by a surety company
currently admitted to transact surety insurance business in California by the California
Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of
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any documents evidencing such Improvement Securities as set forth in this Section 2 or
referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this
reference as if set forth fully herein. If any Improvement Security is replaced by another type or
kind of approved Improvement Security, subject to the approval of the form thereof by the City
Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have
been made a part of and incorporated into this Agreement. Upon filing of a satisfactory
replacement Improvement Security with the City Clerk, the former Improvement Security shall
be released.
(c) Subdivider agrees to keep its Improvement Securities in full force and effect
until they are reduced or released by City. If any Improvement Security provided by Subdivider
is cancelled or terminated for any reason by the action of a surety, financial institution or other
party, it shall be the responsibility of the Subdivider to immediately, upon written notice from
City, provide a substitute Improvement Security which conforms to all the requirements of this
Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement or to
the Plans, Specifications and Improvements referred to herein, including any extension of time
within which the work hereunder may be completed, shall not release or exonerate any surety or
sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards.
(a) Any changes, alterations or additions to the Plans or to the Improvements,
not exceeding 10% of the original estimated cost of the Improvements, which are mutually
agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement
Securities provided under this Agreement. In the event such changes, alterations, or additions
exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide
additional Performance Security as required by Section 2 of this Agreement for 100% of the total
estimated cost of the Improvements as changed, altered, or amended, minus any completed
partial releases allowed by Section 7 of this Agreement. Subdivider shall also provide additional
Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total
estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in accordance with the City
Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The
City reserves the right to modify the Standards applicable to the Subdivision and this
Agreement, when necessary to protect the public safety or welfare or to comply with applicable
State or Federal law or City zoning ordinances. If Subdivider requests and is granted an
extension of time for completion of the Improvements, the City may apply the Standards in effect
at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of
construction and installation of Improvements it shall be determined by the City Engineer that
revision of the drainage plan is necessary in the public interest, it will undertake such design and
construction changes as may be reasonable and as are indicated by the City Engineer and
approved by City. Said changes, if any, shall be confined to the Property.
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5. Acquisition and Dedication of Easements or Rights-of-Way.
(a) If any of the public improvement and land development work contemplated
by this Agreement is to be constructed or installed on land not owned by Subdivider, no
construction or installation shall be commenced before:
(i) The offer of dedication to City of appropriate rights-of-way, easements or
other interest in real property, and appropriate authorization from the property owner to
allow construction or installation of the improvements or work, or
(ii) The dedication to, and acceptance by, the City of appropriate rights-of-way,
easements or other interests in real property, as determined by the City Engineer/Public
Works Director, or;
(iii) The issuance by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession. Subdivider shall comply in all respects
with the order of possession.
(b) Nothing in this Section 5 shall be construed as authorizing or granting an
extension of time to Subdivider.
6. Inspections; Final Acceptance and Certification of Improvements.
(a) Subdivider shall at all times maintain proper facilities and safe access for
inspection of the Improvements by City inspectors and to the shops wherein any work is in
preparation.
(b) Upon completion of the Improvements covered in this Agreement, the
Subdivider shall request a final inspection by the City Engineer or his/her authorized
representative. Following receipt of such request, the City Engineer shall inspect the
Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that
the Improvements requiring dedication to and acceptance by the City for public use (the
"Public Improvements") have been completed in accordance with this Agreement, then
the City Engineer shall certify the completion of the Public Improvements by placing a
resolution on the next most convenient City Council agenda seeking: (1) formal
acceptance of the Public Improvements; (2) release of the Improvement Securities; and
(3) authorization to file and record a Notice of Completion. Said determination by the City
Engineer and agendization of the acceptance and release shall not be unreasonably
withheld or delayed. Any certification and/or acceptance of the Public Improvements
shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the City (the
"Private Improvements"), the City Engineer or his/her authorized representative shall
inspect such improvements, and/or shall have the discretion to accept a certification from
Subdivider's registered civil engineer stating that the Private Improvements have been
completed in accordance with the approved Plans, City Standards and the Tentative
Map. If the City Engineer, or his/her authorized representative, makes a finding, based
on his/her own inspection (and/or any certification submitted by Subdivider's registered
civil engineer) that the Private Improvements have been installed and constructed in
accordance with the approved Plans, City Standards and the Tentative Map, the City
Engineer shall recommend certification of the completion of the Private Improvements by
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placing an item on the next most convenient City Council agenda requesting certification
and authorization to release the Improvement Securities. Said determination by the City
Engineer and agendization of the certification and release shall not be unreasonably
withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the
Improvements.
7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final
completion and certification of all Public and Private Improvements, and after acceptance of the
Public Improvements by the City Council. Partial releases may be permitted subject to the
provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and
Private Improvements under this Agreement, and after City Council acceptance/certification, the
City shall file a Notice of Completion in accordance with the California Civil Code.
(i) The City Engineer may release a portion of the Performance Security, as
work on the Improvements progresses, upon written application thereof by the
Subdivider; provided, however, that no such release shall be considered by City until the
value of the work remaining to be completed is twenty percent (20%) or less of the
estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of
a partial release or the reduction of Performance Security, the City shall not reduce such
Performance Security to an amount less than two hundred percent (200%) of the value of
the work remaining to be done. City and Subdivider agree that not more than two
requests for reduction or partial release of Performance Security shall be considered
between the start of construction and the completion and acceptance/certification of the
Improvements by the City.
(ii) In no event shall the City Engineer authorize a release of the Performance
Security which would reduce such security to an amount below that required to guarantee
the completion of the Improvements and any other obligations imposed upon Subdivider
by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute
or be construed as the City's acceptance of any Improvements or related work. Such
partial reductions or releases (if any) will merely reflect that a certain portion of the
required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's
recordation of the Notice of Completion described Subsection 7(a), be reduced to an amount
equal to the total claimed by all claimants for whom liens have been filed and of which notice
has been given to City, plus an amount reasonably determined by the City Engineer to be
required to assure the performance of any other obligations secured by the Labor & Materials
Security and to cover legal costs. The balance shall be released upon the settlement of all
claims and obligations for which the Labor & Materials Security was given. If no claims or liens
have been filed and no notice has been given to City within said ninety (90) day period, then the
Labor & Materials Security shall be released in full.
(c) The Warranty Security shall not be released until after the expiration of the
one-year (1-year) warranty period and until any claims filed during the warranty period
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have been settled. As provided in Section 11, below, the warranty period shall not
commence until final acceptance/certification of the Improvements and related work by
the City Council.
(d) The Monumentation Security may be released in full by the City Engineer in
accordance with the terms of the separate monument agreement with the City, or if there
is none, upon submittal of the following:
(i) a written certification from the professional engineer or surveyor responsible
for setting the monuments stating that all the final monuments for the Subdivision have
been set in accordance with the Professional Land Surveyors Act and the Subdivision
Map Act, and that the professional engineer or surveyor has been paid in full by
Subdivider for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the City Engineer
showing the locations of centerline monuments in existing public or private streets.
(e) The City may retain from any Improvement Securities released an amount
sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys'
fees.
8. Iniury to Existing Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair, or cause the repair or replacement of any and all public or
private improvements, public utilities facilities and survey or subdivision monuments which are
destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the
entire cost of replacement or repairs of any and all public or private improvements or utility
property damaged or destroyed by reason of any work done under this Agreement, whether
such property is owned by the United States or any agency thereof, or the State of California, or
any agency or political subdivision thereof, or by the City or any public or private utility
corporation or by any combination of such owners. Any repair or replacement shall be made to
the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of
any such public or private improvement.
9. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits
and licenses for the construction and installation of the Improvements, give all necessary
notices and pay all fees and taxes required by law.
10. Notice of Breach/Default of Subdivider.
(a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's
failure to timely complete construction of the Improvements; (2) Subdivider's failure to timely
cure any defect in the Improvements; (3) Subdivider's failure to perform substantial construction
work for a period of twenty (20) calendar days after commencement of the work; (4)
Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy
either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the
commencement of a foreclosure action against the Property or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; (6) Subdivider's failure to keep the
Improvement Securities in full force and effect; (7) Subdivider's failure to notify the City of any
sale, transfer or other disposition of the Property to a purported new subdivider; (8) Subdivider's
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failure to maintain insurance; or (9) the failure of Subdivider or Subdivider's contractors,
subcontractors, agents or employees to comply with any other terms and provisions of this
Agreement.
(b) In the event of any such default, the City Engineer or the City Council may
serve written notice to Subdivider specifying in reasonable detail the nature of the default.
Subdivider shall have thirty (30) days from receipt of said notice to cure the default; provided
that, if the default is not reasonably susceptible to being cured within said thirty (30) days,
Subdivider shall have a reasonable period of time to cure the default so long as Subdivider
commences to cure the default within said thirty (30) days and diligently prosecutes the cure to
completion.
(c) If following service of such written notice of default, Subdivider fails to cure
or commence curing the default to the satisfaction of City within the cure period specified in
Subsection 10(b), above, the City Engineer or the City Council may serve notice of Subdivider's
default upon Subdivider and where applicable Subdivider's surety, or the holder(s) of any other
Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this
Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c),
above, Subdivider's surety shall have the duty to take over and complete the Improvements and
related work required under this Agreement; provided; however, that if the surety, within twenty
(20) days after the serving upon it of such notice of default, does not give the City written notice
of its intention to take over the construction of said Improvements or does not, within ten (10)
days after giving City notice of such election, commence to complete the Improvements, City
may take over the work and prosecute the Improvements to completion, by contract or by any
other method City may deem advisable, for the account and at the expense of Subdivider, and
Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby;
and, in such event, City, without liability for so doing, may take possession of, and utilize in
completing the Improvements, such materials, appliances, plant and other property belonging to
Subdivider as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for
Subdivider's default under this Agreement. The City shall have the right, subject to this Section,
to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in
event of default by Subdivider. The right of City to draw upon or utilize the Improvement
Securities is additional to and not in lieu of any other remedy available to City. It is specifically
recognized that the estimated costs and amounts of Improvement Securities may not reflect the
actual cost of construction or installation of the Improvements, and therefore, City's damages for
Subdivider's default shall be measured by the actual cost of completing the required
Improvements. The sums provided by the Improvement Securities may be used by City for the
completion of the Improvements in accordance with the Plans.
(f) Failure of Subdivider to comply with the terms of this Agreement, including
but not limited to, construction of all the Improvements as set forth herein and as required by the
Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of
violation against all of the lots in the Subdivision; (2) a rescission by the City Council of the map
approval; (3) action by City to otherwise revert the Subdivision to acreage; and (4) withholding of
Building permits, utility connections and/or Certificates of Occupancy. The remedies provided
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by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at
law or in equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's
default or breach shall be in the sole discretion of City.
(g) In the event that Subdivider fails to perform any obligation hereunder,
Subdivider agrees to pay all costs and expenses incurred by City in securing performances of
such obligations, including costs of suit and reasonable attorney's fees.
(h) The failure of City to take an enforcement action with respect to a default, or
to declare a default or breach, shall not be construed as a waiver of that default or breach, or of
any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision
of this Agreement shall not be construed as a waiver of the right to compel enforcement of such
provision(s) and further shall not act to release any surety from its obligations under this
Agreement.
11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City
Council of the Improvements, Subdivider shall guarantee or warranty the Improvements against
any defective work or labor done or defective materials furnished. If within the warranty period
any work relating to the Improvements or any part of thereof furnished, installed, constructed or
caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the
requirements of this Agreement or the Plans, Subdivider shall without delay and without any
cost to City, commence to repair or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written
notice from City of the defect and diligently prosecute the repair or replacement work to
completion.
(b) Should Subdivider fail to act promptly or in accordance with the
repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's
option, to perform the repair/replacement work twenty (20) days after mailing written notice to
Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such
work.
(c) Should the City determine that an emergency or a threat to the public safety
and welfare exists from the condition of the Improvements which require repairs, replacements
or remedial measures to be made before Subdivider can be notified, City may, in its sole
discretion, make the necessary repairs or replacements or perform the necessary work and
Subdivider shall pay to City the cost of such repairs.
12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents, officers, employees, or contractors are or shall be considered to be agents of City in
connection with the performance of Subdivider's obligations under this Agreement.
13. Injury to Improvement Work; Risk of Loss. Until such time as the Public
Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss
to any of the Public Improvements constructed or installed and shall be responsible for the care,
maintenance of and any damage to such Public Improvements. Neither City, nor any of its
agents, officers or employees shall be liable or responsible for any accident, loss or damage,
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regardless of cause, happening or occurring to the Public Improvements specified in this
Agreement prior to the completion and acceptance of the Public Improvements by City. All such
risks shall be the responsibility of and are hereby assumed by Subdivider. The Subdivider is
responsible for and shall bear the risk of loss for all Private Improvements at all times.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from
expending monies pursuant to agreements concurrently or previously executed between the
Parties, or from entering into agreements with other subdividers for the apportionment of costs
of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances
providing therefor, nor shall anything in this Agreement commit to any such apportionment.
15. Subdivider's Obligation to Warn Public During Construction. Until final
acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final
certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider
shall give good and adequate warning to the public of each and every dangerous condition
existent in said Improvements, and will take all reasonable actions to protect the public from
such dangerous conditions on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related
work on behalf of the City, and after recordation of the Notice of Completion, ownership of the
Public Improvements and any improvement constructed on any public street pursuant to this
Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither City, nor any official, officer, employee, contractor or agent thereof
shall be liable for any injury to persons or property occasioned by reason of the acts or
omissions of Subdivider, its agents, subcontractors or employees in the performance of this
Agreement. Subdivider hereby agrees to, and shall defend and hold harmless City, its elective
and appointive boards, commissions and officers, and its agents, contractors and employees
from and against any and all claims, demands, causes of action, damages, costs, expenses,
actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of
every kind and nature whatsoever arising out of or in connection with Subdivider's operations, or
any subcontractor's operations, to be performed under this Agreement for Subdivider's or
subcontractor's tort negligence including active or passive, or strict negligence, including but not
limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or
disease, or death to persons and/or damage to property of anyone, including loss of use thereof,
caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or
anyone directly or indirectly employed by any of them or anyone for the full period of time
allowed by law, with the exception of the sole negligence or willful misconduct of City.
(b) Subdivider's indemnity, defense and hold harmless obligations under this
Section 17 are not conditioned or dependent upon whether City, or its elective and appointive
boards, commissions and officers, or its agents, contractors and employees, prepared, supplied
or reviewed any Plans or related specifications in connection with the Improvements, or whether
City or Subdivider has insurance or other indemnification covering any of these matters.
Page 11 of 18
(c) Subdivider's obligation to indemnify, hold harmless and defend City shall
extend to injuries to persons and damages to or alleged taking of property resulting from the
design or construction of the Improvements, and shall likewise extend to adjacent property
owners asserting claims based upon the diversion of waters caused by the Subdivider's design
or construction of public drainage systems, streets, and other public facilities or improvements.
City's acceptance and/or certification of the Improvements shall not constitute an assumption by
City of any responsibility or liability for any damage or alleged taking of property referenced
herein. City shall not be responsible or liable for the design or construction of the Improvements
constructed or installed pursuant to the Plans, unless the particular Improvement design was
required by City over the written objection of Subdivider, which objection stated that the
Improvement design was potentially dangerous or defective and set forth a safe and feasible
alternative design. After City's acceptance/certification of the Improvements, Subdivider shall
remain obligated to correct or eliminate all dangerous conditions caused by defects in design or
construction; provided, however, that the Subdivider shall not be responsible for routine
maintenance. Subdivider acknowledges and agrees that Subdivider shall be responsible and
liable for the design and construction of the Improvements and other work done pursuant to this
Agreement, and except as may be provided above, City shall not be liable for any acts or
omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting,
reviewing or approving any work or construction of Improvements. Subdivider's Improvement
Securities shall not be required to secure Subdivider's obligations under this Section 17.
18. Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer or other disposition
of the Property prior to completion of the Improvements required hereunder will not relieve
Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to
notify City sixty (60) day in advance of any sale or transfer of ownership of the Property or any
proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property
to any other person or entity prior to final completion of the Improvements, or wishes to assign
this Agreement, Subdivider may request a novation of this Agreement and a substitution of
Improvement Securities by the new owner or proposed assignee (hereinafter collectively for
purposes of this Section, "Successor"). Subdivider shall be required to provide any
documentation reasonably required by City to determine the appropriateness of any proposed
Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform
and complete the obligations of Subdivider under this Agreement, as determined by objective
standards of financial capability, creditworthiness and experience required for such
performance, and the City shall have the right to compel the Successor to disclose all
documents, information and other material which, in City's sole reasonable discretion, may
establish or tend to establish that the proposed Successor meets the standards specified herein.
Following approval by City and full execution of a novation (or other such release or assignment
and assumption agreement(s) entered into by Subdivider, Successor and City), posting of
satisfactory Improvement Securities and submission of required insurance by Successor, City
shall release or reduce the securities posted by Subdivider in accordance with the provisions of
such novation. Nothing in the novation (or other such release or assignment and assumption
Page 12 of 18
agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its
obligations under any other Section of this Agreement for work or Improvements performed by
Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion
construction of all the Improvements required by this Agreement. In the event good cause
exists as recommended by the City Engineer and approved by the City Manager, the time for
completion of the Improvements as specified in Subsection 1(b) of this Agreement may be
extended as permitted by City ordinance, provided the Subdivider submits the extension
request to City in writing prior to the expiration of the time period specified in said Subsection
1(b). Any such extension granted shall be subject to the limitations and conditions set forth in
Subsections 20(b) and (c), below, and shall be made by a writing executed by the City
Manager in a form as approved by the City Attorney.
(b) Any such extension may be granted without notice to Subdivider's surety
and shall not affect the validity of this Agreement or release the surety or sureties on any
Improvement Securities given for this Agreement. However, City reserves the right to require as
part of any extension amendment a written assurance from the surety acceptable to the City
Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain
enforceable throughout the term of any extension.
(c) The City Manager shall be the sole and final judge as to whether or not
good cause has been shown to entitle Subdivider to an extension. In addition, the time for
completion of the Improvements shall be extended for any delay resulting from an act of City,
or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or
inclement weather which prevents the conducting of work, or by strikes, boycotts, similar
actions by employees or labor organizations, which prevent the conducting of work, and which
were not caused by or contributed to by Subdivider, provided that Subdivider provides City with
written notice of the delaying event within fifteen (15) days of the commencement of the delay.
In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same
and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the
Improvements required by this Agreement, the City Manager may require Subdivider to furnish
new or additional Improvement Securities guaranteeing performance of this Agreement as
extended in an increased amount as necessary to compensate for any increase in construction
costs as determined by the City Engineer.
21. No Vesting of Rights. Performance by Subdivider of this Agreement shall not be
construed to vest Subdivider's rights with respect to any change in any zoning or building law or
ordinance.
22. Notice. All notices required by or provided for under this Agreement shall be in
writing and delivered in person or sent by certified or registered mail, postage prepaid and
Page 13 of 18
addressed as provided in this Section. Notice shall be effective on the date it is delivered in
person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be
addressed as follows unless a written change of address is filed with City:
Notice to City: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: City Manager
With a Copy to: Charles Green, City Attorney
Green, de Bortnowsky and Quintanilla
23801 Calabasas Road, Suite 1015
Calabasas, CA 91302-1595
Notice to Subdivider: Desert Princess Holdings, LLC
do: BLF Land, LLC
P. 0. Box 188
Hamer, Idaho 83425
Attn: Blaine Larsen, Manager
Phone: (208) 662-5501
E-mail: blf@larsenfarms.com
With a Copy To:
Notice to surety: /A/Mt-Am von/l L Fi p r G 'Ty /Ns. co.
.C3 13Ap,LL0 sT, CoV/WA C4 x/72'
( 620 8'S9 -/000
'Hi Li E. YEGAJ Ar7 -r,J- FAG!
Bond Nos. o y ZG
23. Severability. The provisions of this Agreement are severable. If any portion of
this Agreement is held invalid by a court of competent jurisdiction, the remainder of the
Agreement shall remain in full force and effect unless amended or modified in writing by the
mutual consent of the Parties.
24. Captions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or
meaning of any provisions of this Agreement.
25. Insurance.
Page 14 of 18
(a) Subdivider shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General Liability
Insurance, with a minimum combined single limit of One Million Dollars ($1,000,000) for each
occurrence and Two Million Dollars ($2,000,000) in the aggregate, against any personal injury,
death, loss or damage resulting from the wrongful or negligent acts of Subdivider or any
contractors or subcontractors in the performance of this Agreement. Said policy shall include
coverage for manufacturers and contractors, independent contractors, products and completed
operations and personal injury.
(b) Subdivider shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial Vehicle Liability
Insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by
Subdivider in performing the services required by this Agreement.
(c) Subdivider agrees to carry, maintain, and keep, in full force and effect, at all
times during the performance of work under this Agreement, Workers' Compensation insurance
as required by law, and in case any work is sublet, Subdivider shall require any contractor or
subcontractor similarly to provide Workers' Compensation Insurance for all contractor's or
subcontractor's employees, unless such employees are covered by the protection afforded by
Subdivider.
(i) In case any class of employees engaged in work under this Agreement at
the work site(s) is not protected under any Workers' Compensation law, Subdivider shall
provide and shall cause each contractor or subcontractor to provide, adequate insurance
for the protection of employees not otherwise protected.
(ii) Subdivider hereby indemnifies City for any damages or claims resulting
from failure of either Subdivider or any contractor of subcontractor to take out or maintain
such liability or Workers' Compensation insurance.
(d) Except as set forth otherwise herein, the policy or policies required by this
Section shall be issued by an insurer admitted in the State of California and with a rating of at
least a B+;VII in the latest edition of Best's Insurance Guide. A Commercial General Liability
policy issued by an insurer that is on the California Department of Insurance's List of Approved
Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can
be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at
least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation
coverage issued by the State Compensation Insurance Fund shall be acceptable if no other
coverage can be obtained by Subdivider, and further provided such insurer remains admitted in
the State of California and is otherwise financially acceptable to City.
(e) At all times during the term of this Agreement, Subdivider shall maintain on
file with the City Clerk a certificate or certificates of insurance in a form acceptable to the City
Attorney, showing that the aforesaid policies are in effect in the required amounts. Subdivider
shall, prior to commencement of work under this Agreement, file with the City Clerk such
certificate or certificates. With the exception of Workers' Compensation, the policies of
insurance required by this Agreement shall contain an endorsement naming the City of
Cathedral City, its officials, officers, employees, agents and independent contractors as
additional insureds.
Page 15 of 18
(f) All policies required under this Agreement shall contain provisions stating
that such policies cannot be canceled or reduced except on at least thirty (30) days prior written
notice to Subdivider (ten (10) days notice for cancellation due to non-payment). Subdivider
further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of
insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include
language indicating that the issuers or producers of such policies will endeavor to provide
copies of any such notices directly to City.
(g) The Commercial General Liability insurance policy provided by Subdivider
shall be endorsed to reflect that for claims related to this Agreement, Subdivider's coverage is
primary with respect to the City, and that any other insurance maintained by the City shall be
excess and non-contributory. Subdivider shall require that the carriers of all insurance policies
required by this Agreement waive all rights of subrogation against the City, its officials, officers,
employees, agents, and independent contractors Each policy of insurance shall be endorsed to
reflect such waiver.
(h) Any deductibles or self-insured retentions must be declared in writing by
Subdivider to City and subsequently approved by City prior to the commencement of work under
this Agreement. At the option of City, Subdivider shall either reduce or eliminate the deductibles
or self-insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing
payment of losses and expenses.
(i) Subdivider shall not commence work under this Agreement until Subdivider
shall have obtained all insurance required pursuant to this Section, and such insurance has
been approved by City, nor shall Subdivider allow any contractor or subcontractor to commence
work on the Improvements until all similar insurance required of the contractor or subcontractor
has been obtained. Upon request by the City, Subdivider shall provide full copies of all
insurance policies evidencing the coverages required herein and/or shall provide reports or
status updates to evidence compliance of its contractors and subcontractors with the provisions
of this Section.
26. Attorneys' Fees. In the event any action at law or in equity is brought to enforce
the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and
reasonable attorneys' fees.
27. Incorporation of Recitals. The Recitals to this Agreement are hereby
incorporated into in the terms of this Agreement
28. Entire Agreement. This Agreement constitutes the entire agreement of the
Parties and supersedes any prior written or oral agreements between them with respect to the
subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement
must be in writing and signed by the appropriate representatives of the Parties.
29. Governing Law; Venue. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of California. In the event that suit shall be brought by
either Party to this contract, the Parties agree that venue shall be exclusively vested in the State
Page 16 of 18
courts of the County of Riverside, California or where appropriate, in the United States District
Court, Southern District of California, Riverside, California.
30. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement
shall be deemed provisions, terms and/or covenants running with the Property in accordance
with applicable law, including without limitation, California Civil Code section 1468, and shall
pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement,
and on any successor owner of the Property.
(b) The provisions of Subsection 30(a) notwithstanding, Subdivider shall
remain jointly and severally liable with its heirs, successors, assigns or successor owners of the
Property for the responsibilities and liabilities imposed by this Agreement unless a novation
agreement is executed in accordance with the provisions of Section 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of
Riverside County, and by such recordation, it is the intention of the Parties to give notice to and
bind their successors, heirs and assigns hereto.
31. Miscellaneous. Subdivider further agrees to provide to City, on or before
occupancy of first residential structure, a copy of the final Public Report or such other evidence
acceptable to the City Attorney, that the construction of any common private improvements is
guaranteed with the State of California Bureau of Real Estate.
32. Authority of Executing Parties. Each person executing this Agreement on
behalf of a Party represents and warrants that such person is duly and validly authorized to do
so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts
on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its
partners, successors, executors, administrators, and assigns with respect to the terms and
provisions of this Agreement.
[END OF THIS PAGE; SIGNATURES ON FOLLOWING PAGE]
Page 17 of 18
•
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above
first written.
Subdivider: City:
DESERT PRINCESS HOLDINGS, LLC CITY OF CATHEDRAL CITY
a California Limited Liability Company a Municipal Corporation
, A
By: BLF LAND, LLC, an Idaho Limited £ # - � _01P/F.
Liability Company, its sole member . a leen J. D_ -osa, ayor
•
IF 7 w _ y
B Y _ , ,,,
Blaine Larsen, Manager
ATTES . 41 j
Gary F. Howell, City Clerk
APPROVED AS TO FORM:
r ,
City Attorney
APPROVED AS TO CONTENT:
Bill Simons, City Engineer
AP ROVED
tj.% ZCi--fz-----.
Charles P. McClendon
City Manager
Attachments: Exhibit "A": Legal description of Tract 34322
Exhibit "B": Cost Estimate and Bond Amounts
(Proper Notarization of Subdivider's Signature is required and shall be attached)
P:WPPS\W PDATA\CATH\0007 ENGINEERING\DOC\1853.1-SUBDIVAGREEMT TR 34322-2 DESERT PRINCESS REV 032414.DOC
Page 18 of 18
EXHIBIT "A"
TRACT NO. 34322
Legal Description of Real Property Subject to this Agreement
All that certain real property in the City of Cathedral City, County of Riverside, State of
California, described as follows:
Being a subdivision of Lot 81 of Tract No. 34322-2, as shown by map on file in Book
4 10 at Pages 53 through 5, inclusive, of Maps, records of Riverside County,
California.
Portion of Assessor Parcel 675-040-067
EXHIBIT "B"
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 34322 (last map increment)
ESTIMATE OF IMPROVEMENT COSTS AND BOND REQUIREMENTS
Street improvements per Heitec estimate dated 3/20/2014
Sewer & water improvements per Heitec estimate dated 1/30/2014
Monument bond per Heitec estimate dated 3/19/2014
Total street improvements: $ 197,753
15% contingencies: 29,663
Total: $ 227,416
Rounded total: $ 227,400 $ 227,400
Total sewer improvements: $ 155,100
Total water improvements: $ 232,708
Total: $ 387,808
15% contingencies: 58,171 (1)
Total: $ 445,979
Rounded total: $ 446,000
95% of $378,600 (rounded): $ 423,700 (2) $ 423,700
Total improvements: $ 651,100
Summary:
Performance bond required @ 100%: $ 651,100
Labor & Materials bond required @ 50%: $ 325,550
Monument bond required: $ 11,825 (3)
Notes:
(1) Heitec used 10% contingencies on sewer & water; City policy is to use 15%.
(2) CVWD bonds 5% of sewer & water work; the balance is bonded by City.
(3) Monument bond is required to be a cash bond.
wwx.heilecinc.con
Preliminary Cost Estimate for Bond Purposes
HEITEC
42515h1elaniePlaee Suite Tract No. 34322
p424-5m75
alm Desert Calflarnia 92211 Client: Desert Princess Holdings
r i i i■C O N S U L T I N G 760.3405060 fat760.340.907( WO No.: 051002 Calc'd: JR I Page: 1
Date: 03/20/14 Chk'd: MH I Of: 1
051002PH2 Bond Estimatesxls
DESCRIPTION QUANTITY UNIT COST SUBTOTAL
STREET IMPROVEMENTS .
Construct 3"AC Over 4"AB(Interior Streets) 51,958 S.F. $3.50 $181,853.00 '
Construct 3/12"Deep x 16'Wide PCC Conc Class II Driveway' 13,889 S.F. $0.00 $0.00
Construct 3'Wide Conc.Swale (16'x 43 ea.)at Driveways 688 L.F. $13.50 S9,288.00
Construct 3'Wide Earth Swale with 18"Cobblestone Buffer 2,645 L.F. $2.50 $6,612.50
Total--- ._ _. _. $197,753.50
SUB-TOTAL $197,753.50
15% CONTINGENCY $29,663.03
TOTAL
$227,416.53
COST PER LOT 43 LOTS $5,288.76
Public Utilities Bond Estimate Does not include some items not related to street and utility placement.
Does not include Bonds,CVWD Fees,Governmental Agency Fees.
Does not include Block Walls and Landscaping
'NOTE: Driveways will be constructed with the homes.
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Preliminary Cost Estimate for Bond Purposes
Aw.v.pa.,o ci nc,4om
�"���� � ue'11.....w.b: > Tract No. 34322
,----..0 O N S U L T I N G 7'e0; i 1.7 O omx
Client: Desert Princess Holdings
WO No.: 051002 Caic'd: JE I Page: 1
Date: 01/30/14 Chk'd: MH Of: 1
051002PH3 CVWD Bond EsUmates.xis
DESCRIPTION QUANTITY UNIT COST SUBTOTAL
SEWER IMPROVEMENTS
Construct Trench Back Fill Per Provided Sewer Trench Design 1,150 L.F. $5.00 $5,750.00
Install 4"Lateral 43 EA. $1,300.00 $55,900.00
Install Manhole 6 EA. $3,500.00 $21,000.00
Install 8"VCP Sewer Main 1,150 L.F. $63.00 $72,450.00
Total $155,100.00
WATER IMPROVEMENTS
Install 8"D.I.P.Class 350 Water w/Restrained Joints&Polyethelene Casing 1,381 L.F. $63.00 $87,003.00
Install 8"DIP Gate Valve 3 EA. $1,500.00 $4,500.00
Install 8"x 8"x 8"DIP Tee 1 EA. $1,500.00 $1,500.00
Install 8" DIP 45° Bend 1 EA. $900.00 $900.00
Install 8" DIP 22.5° Bend 1 EA. $900.00 $900.00
Install 8" DIP 11.25° Bend 7 EA. $900.00 $6,300.00
Install 8"x 6"DIP Reducer 1 EA. $900.00 $900.00
Install 6"Wet Barrel Fire Hydrant Assembly w/Blue Marker 4 EA. $13,750.00 $55,000.00
Construct Trench Back Fill Per Provided Water Trench Design 1,381 L.F. $5.00 $6,905.00
Install 1"Domestic Service 43 EA. $1,600.00 $68,800.00
z e $232,708.00
SUB-TOTAL $387,808.00
10% CONTINGENCY $38,780.80
TOTAL $426,588.80
COST PER LOT 43 LOTS $9,920.67
Public Utilities Bond Estimate Does not include some items not related to street and utility placement.
Does not include Bonds,CVWD Fees,Governmental Agency Fees.
Does not include Block Walls and Landscaping
*"Installed by CVWD at Developer's Expense
*Grading does not include pre-watering or soils testing.
051002PH3 01/30/14
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4 ►
TE En ineer's Monument Estimate for Bonding Purposes
�'�.` !H 4 N S E�„ L T I N Tract No. 34322
42575 Melanie PI.,Ste.H Palm Desert,CA 92211 Client: Desert Princess Holdings,LLC
WO
Tel 760. 340.9060 fax 760.340.9070 : 051002 Calc'd: JR Page: 1
Date: 03/19/14 Chk'd: DH Of: 1
0510023monbondest.xls
DESCRIPTION QUANTITY UNIT COST SUBTOTAL
Staking and Monumentation(Lots 1-43) 43 E.A. $250.00 $10,750.00
10% CONTINGENCY $1,075.00
Total $11,825.00
4014.LANO6,
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California )SS
COUNTY OF Riverside )
On ( ', I. ( I , 2 , before me, D. Perricone , Notary Public, personally appeared
Blaine Larsen
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 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 PERDU• • '- -ws of the State of California that the foregoing paragraph is true and correct.
WITNESS m hand an fficial s=•�
' 'EFMOONE
Signature • A \ ° COMM.01973741
41 § `��: '. •', NOTARY PUBLIC•CALIFORNIA
"sI RIVERSIDE COUNTY
Comm.Ex .MARCH 30,2016
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the
documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
I PARTNER(S) ❑ LIMITED ❑ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007