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HomeMy WebLinkAboutContract 1761PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY OF CATHEDRAL CITY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CATHEDRAL CITY 68700 AVENIDA LALO GUERRERO CATHEDRAL CITY CA 92234 Inc 2017-0388488 09/20/2017 08:39 AM Fee: $ 0.00 Page 1 of 11 Recorded in Official Records County of Riverside Peter A dana Assessor—County Clerk—Recorder 1 Space above this line for recorder's use only AMENDMENT NO. 1 TRA: DTT: Title of Document TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 36747 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238 (Rev. 12/2016) Available in Alternate Formats R A Exam:22 Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC i[ / /0 SIZE NCOR SMF NCH T: /E:�C.!'t9 g`C., Space above this line for recorder's use only AMENDMENT NO. 1 TRA: DTT: Title of Document TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 36747 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238 (Rev. 12/2016) Available in Alternate Formats AMENDMENT NO. 1 TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 36747 THIS FIRST AMENDMENT to the Subdivision Improvement Agreement for Tract No. 36747 and Planned Unit Development PUD 2014-001 ("Amendment No. 1") is entered into this 14 day of September , 2017, by and between JONES CREE VENTURES, LLC, a California Limited Liability Company, ("Subdivider") and the CITY OF CATHEDRAL CITY, a Municipal Corporation ("City"). The Subdivider and the City are from time to time collectively referred to herein as the "Parties". RECITALS WHEREAS, the City and Subdivider previously entered into that certain Subdivision Agreement for Tract No. 36747 and PUD 2014-001, dated June 22, 2015 (the "Original Agreement"), in connection with the development of Tract No. 36747, located at the northeast corner of Cree Road and Jones Road, in the City of Cathedral City, as legally described in Exhibit "A", attached hereto and incorporated as a part hereof by this reference; and WHEREAS, Section 1(b) of the Original Agreement, required that all of the public and private improvement work in and around said Tract No. 36747 was to have been completed within twenty-four (24) months of the date of final map approval, namely by June 22, 2017; and WHEREAS, some of the required public and private improvements were completed since the execution of the Original Agreement, but not all of the said improvements nor residential units within said Tract No. 36747 were completed by June 22, 2017, as required by the terms of the Original Agreement; and WHEREAS, as required by Sections 2 and 25 of the Original Agreement, Subdivider guaranteed its performance of the work and other obligations thereunder by furnishing improvement and related securities in the form of corporate surety bonds, as described in Exhibit "B" attached hereto and incorporated as a part hereof by this reference, and the surety has been notified of the extension of time to complete the improvements contained herein and confirmed that the bonds remain in full force and effect; and WHEREAS, Subdivider cites the slower than desired real estate market and utility delays as reasons for Subdivider's continued inability to complete the required public and private improvements within Tract No. 36747 in a timely manner, but still wishes to keep the Original Agreement for Tract No. 36747 current and in full force and effect, and has submitted a written request, dated June 27, 2017, that the terms of the Original Agreement be amended to extend the date of completion; and 1 WHEREAS, Section 20 of the Original Agreement provides that for good cause, the time for completion of the improvements may be extended upon the recommendation of the City Engineer and approval by the City Manager of the City; and WHEREAS, there appearing to be good cause, the Parties hereto desire to extend the date for completion of the public and private improvements within said Tract No. 36747 by the approval and execution of this Amendment No. 1 to the Original Agreement. NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Amendment No. 1 by this reference, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Subdivider hereby agree as follows: 1. The first paragraph of Section 1(b) of the Original Agreement is hereby amended to read as follows: 1(b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on Tract No. 36747, as required by the Approval Action and conditions of approval of the Tentative Map in conformance with the approved Plans and City Standards, including without limitation, Condition No. 4.33 and those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements"), by June 22, 2018 (the "Amended Completion Date"). 2. Concurrent with the execution of this Amendment No. 1, Subdivider shall submit to the City Manager current Certificates of Insurance as required by Section 25 of the Original Agreement showing the coverages, endorsements, indemnified parties, and other information as required therein. 3. Except as modified by the provisions of this Amendment No. 1, all other terms, conditions, covenants and obligations set forth in the Original Agreement shall remain in full force and effect. 4 A full copy of the Original Agreement was recorded on August 2, 2017, as Instrument No. 2017-0315478, in the Official Records of the Riverside County Recorder, and such document is incorporated and made part of this Amendment No. 1 by this reference. 2 IN WITNESS WHEREOF, the City and the Subdivider have executed this First Amendment on the year and day first written above. "SUBDIVIDER" JONES CREE VENTURES, LLC a California Limited Liability Corporation By: Gonzales Investments, LLC A California Limited Liability Company, ice-.. aging Member By: Mario J. o ales, its Managing Member By: Bilt-Mor Developments LLC A California Limited Liability Company, its Managing Member By: Bill R. Waddle, its Managing Member 3 "CITY" CITY OF CATHEDRAL CITY a Municipal Corporation B L. (CS - Charles P. McClendon City Manager ATTEST: e Tracey /Martin z, CMC Deputy City Clerk City Attorney APPROVED AS T CONTENT: Cit gineer EXHIBIT "A" To Amendment No. 1 of the SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 36747 Description of Land: Tract No. 36747, as per map filed in Book 446, at Pages 6 through 9, inclusive, of Maps, in the office of the Riverside County Recorder, being a subdivision of the West half of the South half of Lot 20, and a portion of the East half of the South half of Lot 20, of Palm Valley Lands, per map filed in Map Book 14, at Page 652, Records of san Diego County, California, in Section 29, Township 4 South, Range 5 East, San Bernardino Meridian. Said tract consists of residential Lots 1 through 47, inclusive, and lettered Lots "A" through "0", inclusive. Assessor Parcels: 681-500-001 through 681-500-055 inclusive. 4 Exhibit "B" To Amendment No. 1 of the SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 34322 Pursuant to Sections 2 and 25 of the Original Agreement for Tract 36747 and PUD 2014-001, Jones Cree Ventures, LLC, the Subdivider, posted the following improvement securities: Surety Bond No. 1001006734, in the amount of $ 1,566,100.00, securing faithful performance of the Agreement, issued by American Contractors Indemnity Company; Surety Bond No. 1001006734, in the amount of $ 783,050.00, securing payment for labor and materials, issued by American Contractors Indemnity Company; Contact for Surety: American Contractors Indemnity Company Stephanie Hoang, Attorney -in -Fact 601 S. Figueroa St. 16th Floor Los Angeles,CA 90017 5 � HCC August 31, 2017 City of Cathedral City Attn: Dave Faessel 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 HCC Surety Group 601 South Figueroa Street, Suite 1600, Los Angeles, California 90017 main 310 649 0990 facsimile 310 649 0416 Re: Jones Cree Tract No. 36747, Bond Number 1001006734 Dear Mr. Faessel: We, the, undersigned Surety, American Contractors Indemnity Co., a corporation organized and existing under the laws of the state of California and authorized to do business in the state of California with offices at 625 The City Drive South, Suite 205, Orange, CA 92868 do hereby consent and agree to the extension of time to June 22, 2018, and the terms and conditions of Amendment No. 1 to the Subdivision Improvement Agreement for Tract No. 36747, including but not limited to, the following express agreements: (a) Surety expressly affirms its obligation to keep all bonds furnished under Section 2 of the Subdivision Improvement Agreement for Tract No. 36747, dated June 22, 2015, in full force and effect through: (i) the Amended Completion Date (June 22, 2018); or (ii) any date(s) through which completion is extended as permitted under Section 20 of the said Subdivision Agreement; or (iii) the date of actual completion of the improvements; or (iv) the running of any applicable statute of limitations to enforce the bonds, whichever of these four dates occurs last; and (b) Surety expressly agrees to waive any default or default(s) of Subdivider (noticed or unnoticed) which may have occurred under the said Subdivision Agreement; and (c) Surety expressly agrees to all other modifications made to the said Subdivision Agreement by Amendment No. 1. Yours truly, owey Attorney -in -Fact American Contractors Indemnity Company HCC Surety Group: American Contractors Indemnity Company, United States Surety Company, U.S. Specialty Insurance Company, subsidiaries of HCC Insurance Holdings, Inc.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On p\\.--) personally appeared before me, B. Copeland , Notary Public, Eric Lowey Name(s) of Signer(s) 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. B. COPELAND Notary Public - California Orange County Commission # 2187550 My Comm_ Expires Apr 19. 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my d and official seal. Signature: tore of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Eric Lowey Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner: ['Limited ❑ General ❑ Partner: ['Limited ❑ General ® Attorney in Fact 0 Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: V�1_V_'v'�V�.!�_�_L':.1�JV'.i=V_W1KW+_h�:.N_4`?�:J_`✓MTi'..+V_+1`J'✓YhF"+_�1+1J1/�'^_�V_J_\AJ`v-'./_v`_�f_.•_l.=VY���+.J'J_VV:%L�+/V_vVv/�I`✓'J_'./u�_�_JV_+l\F_f.f'./V4^J:V_V�1`•Jti+ Rev. 1-15 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Eric Lowey, Mark Richardson, Shawn Blume or Kevin Cathcart of Costa Mesa, California its true and lawful Attarney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its -name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Twenty Million***** Dollars ($ *20,000,000.00** ). This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of thc Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of thc Company heretofore oi• hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and' binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY = _ UNITED STATES SURETY -COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals 1� ,, 1,11,,,,,, X11 ''131, \.o �DMG \rao �osuranrii ..... ., �.�;�E .. �O. ........... x,2 RFT h�•,'� y:` '.,�'; ?Q°:' '': G`_': =V: M.LLRIgMiED SEPT. 25,199D Y: ;t .`D�` ,Y'• '��%' r/\ Daniel P. Aguilar, Vice President F�va�````. . uu A notary public or other officer completing this certificate verifies only the identity of -the individual who signed the document to which this certificate is attached, and not the tnithfulness, accuracy, or validity 'of that document. State of California County of Los Angeles SS: On this 1st day of November, 2016, before me, Sabina Morgensteirr, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on theinstrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SABINA MORGENSTEIN Commission # 2129258 lifornia Notary Public - Ca los Angeles County My Comm. Exptres Nov 3, 2014 I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; T urthennore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.i St In Witmess Whereof, 1 have h reunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of USt ' tl Corporate Seals BondNo \COOi Agency I. 19599 INCORPORATED SEPT_ 26, 199D 0�NDING .`�••• A.. ;qTF 0F1TEP•�O` Kio Lo, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �,tJ�2f5vciQ On `'3 19- l l ? Date before me, Gt�C1 1'ta(1s�C``\ ft hi; Here Insert Name and Title of -the Officer personally appeared 3. Gc.-(zq IPS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose namej) ieare subscribed to the within instrument and acknowledged to me that heish&they executed the same in his/het/their authorized capacity(ies), and that by his/her/ eir signature, ) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Commission # 2052600 v Notary Public - California Riverside County My Comm. Expires Jan 16, 2018 Place Notary Seal Above WITNESS my hand and official seal. Signature QJ11 r'1/L I an/IL Signature of Notary Public KAREN HAfi Commission # 2052600 Z ,... Notary Public - California Riverside County My Comm. Expires Jan 16, 2018 , OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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(s) Signer's Name: Corporate Officer — Title(s): Partner — - Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: 1 Corporate Officer — Title(s): Partner — Limited General 1 Individual 'Attorney in Fact Trustee Guardian or Conservator _1 Other: Signer Is Representing: ���=z.�Z.`c4��:�c;�,c`c r.�c:tu•,'z-c.�i.`u.�GG��'�3:�f.�Ge-z,�'LrG�Z:�LLczQ-c,�r L`c.�.�c< �:� cv .; �C;`cG�z�u.�-z�.eze-c.�e-Z.Q-t,`�,e%c.�.Q ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907