HomeMy WebLinkAboutContract 1770L- "
RECORDING REQUESTED BY:
CITY CLERK
RECORDED RETURN TO:
City Clerk
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2018-0393399
10/0WHEN
Paagege
Recorded
County
Peter
Assessor-County
III,1'
2
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Aldana
ooff 25
in
of Riverside
09:54 AM
Official
cer;
Fee:
Records
$ 0.00
Recorder
EST. TOTAL COST OF
MONUMENTATION:
$ 18,305.00
(see Exhibit "B-1")
BOND NUMBERS:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF CATHEDRAL CITY
IMPROVEMENT AGREEMENT
TRACT NO. 32559
DATE OF AGREEMENT: J ¢' /0 `I --c i, `r '7--(:1 .,oI
NAME OF DEVELOPER: PORTALES RECOVERY, LLC
a California Limited Liability Company (hereinafter referred to as "Developer").
NAME/NUMBER OF DEVELOPMENT:
Tract No. 32559, recorded on September 26, 2005, in Book 390, at Pages 37 through 41,
inclusive, of Maps, records of Riverside County. A 72 lot single family residential subdivision
located north of Verano Avenue, and west of landau Boulevard.
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
PUBLIC IMPROVEMENTS:
$ 220,490.00
(see Exhibit "B-1")
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$ 110,245.00
(see Exhibit "B-1")
EST. TOTAL COST OF
MONUMENTATION:
$ 18,305.00
(see Exhibit "B-1")
BOND NUMBERS:
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION:
THIS 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 Portales Recovery, LLC, a California Limited Liability Company (hereinafter
Page 1 of 1
referred to as "Developer"). City and Developer are sometimes referred to hereinafter
individually as a "Party", and collectively as the "Parties".
RECITALS
A. Developer 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. A final subdivision map for the Property was previously approved and recorded,
pursuant to Tentative Tract No. 32559, as originally approved by City Council Resolution No.
2004-83 on August 11, 2004, as follows: Tract Map No. 32559, recorded on September 26,
2005, in Book 390 at Pages 37 through 41, inclusive, of Maps. All the requirements and
conditions of approval imposed on Tentative Tract No. 32559 are incorporated into this
Agreement by this reference as if set forth fully herein.
C. The original subdivider of Tract No. 32559, Rio Vista Nevada LLC, executed a
subdivision agreement on March 23, 2005, with the City and initiated construction of the public
improvements within the tract, but did not complete all the work. The original subdivider
subsequently transferred and assigned its obligations under the subdivision agreement to Far
West Industries Inc. by means of a Novation Agreement, which was approved by City Council
on February 13, 2008. Under the terms of the Novation Agreement, Far West Industries posted
substitute faithful performance, labor and materials, and monumentation bonds to guarantee
completion of the tract improvements. The surety company used by Far West subsequently
went bankrupt and Far West did not complete the improvements. Developer subsequently
acquired the Property from Far West Industries and executed a Deed of Trust with Far West
Industries for the purpose of securing Developer's sale agreement with Far West to complete all
tract improvements and to assure release of Far West Industries from any and all remaining
obligations under the said Novation Agreement. Developer now desires to construct single
family residences on the lots within Tract No. 32559 and to complete the remaining public
improvements required as a condition of approval of Tentative Tract No. 32559 and as required
by the 2005 Subdivision Agreement and the 2008 Novation Agreement.
D. The conditions of approval of Tentative Tract Map No. 32559 require that prior to
the issuance of building permits, any subdivider, builder or developer of the lots shall enter into
an Improvement Agreement with the City, secured with sufficient security, as a guarantee of the
construction and completion of all public improvements and land development work required by
said conditions of approval and by the City subdivision laws and codes.
E. In consideration of the issuance by City of building permits on the lots and
properties described in Exhibit "A", Developer desires to enter into this Agreement to complete
at its own expense all of the public improvements and land development for the proposed
Development. Developer has secured this Agreement with sufficient improvement securities in
a form approved by the City Attorney (referred to collectively hereinafter as "Improvement
Page 2 of 2
Securities" and individually as "Improvement Security") to guarantee the construction and
completion of all the improvements.
F. Improvement Plans (the "Plans") for the construction, installation, and completion
of the public improvements have been prepared by Developer, subject to approval by the 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 approval of Tentative Tract 32559. The Plans will
be or 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 remaining public improvements in
Tract No. 32559 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-1" and "B-2", which are 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-1" and
"B-2".
NOW, THEREFORE, in consideration of the issuance of building permits, Developer and
City hereby agree as follows:
1. Developer's Obligation to Construct Improvements.
(a) In constructing and installing the improvements in said Development, Developer
shall comply with all of the requirements and conditions of approval of Tentative Tract No,
32559, as well as the provisions of the Municipal Code and Subdivision Laws.
(b) Developer shall complete, at its own expense, all the public improvements and
related work on the Development, 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-1" and shown in Exhibit "B-2" (hereinafter collectively
the "Improvements") within twenty-four (24) months of the date of this Agreement , unless a time
extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Notwithstanding the time limits specified in Section 1(b) above, no single family
dwelling unit or group of units shall be given final inspection and clearance for occupancy by
City unless the public streets and alleys providing access to and fronting such units are
completed, the final lifts of pavement on the streets are in place, and all wet and dry utility
services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and
are operational.
(d) Developer shall furnish the necessary materials for completion of the
Improvements in conformity with the Plans and City Standards.
Page 3 of 3
(e) Developer 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. Developer'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 Developer and City.
Developer shall also be responsible for obtaining any public or private drainage easements or
authorizations therefor to accommodate the Subdivision.
(f) Developer shall furnish and install all monuments, stakes and property corners as
specified on the recorded map of Tract 32559 in accordance with the provisions of the
Subdivision Laws, and submit centerline tie sheets to City, within thirty (30) days after
completion of the Improvements, or as specified in any separate monument agreement with the
City, but in any event prior to their acceptance by the City.
2. Improvement Securities.
(a) Developer shall at all times guarantee Developer'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:
(1) Two Hundred Twenty Thousand Four Hundred Ninety and 00/100
DOLLARS ($ 220,490.00) 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) One Hundred Ten Thousand Two Hundred Forty Five and 00/100
DOLLARS ($ 110,245.00) 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) Twenty -Two Thousand Forty Nine and 00/100 DOLLARS ($ 22,049.00) 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 Developer to City prior to the City's release of any bonds or
Improvement Securities filed with this Agreement.
(iv) Eighteen Thousand Three Hundred and Five and 00/100 Dollars ($
18,305.00) in the form of a cash deposit, which is 100% of the estimated cost of setting
all final subdivision monuments, boundary corners, front and rear lot corners and
centerline ties not previously set or submitted on the lots and streets within the Property
as described in Exhibit "A", and for the preparation and recordation of any related
Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act.
Page 4 of 4
(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 Tess than A-. The terms of 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) Developer 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 Developer 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 Developer 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 Developer, shall not require Developer 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, Developer 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. Developer 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) Developer 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 Developer 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. Developer 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
Page 5 of 5
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.
5. Release of Previous Agreement Obligations
As of the date of this Agreement, and in consideration of Developer's acceptance of the
obligation to complete all public improvements within Tract No. 32559 and of its posting of
securities therefor, City hereby releases Far West Industries Inc., from the performance of any
and all obligations under the terms of the Subdivision Agreement for Tract No. 32559 dated
March 23, 2005, and of the Novation Agreement approved by City Council and executed in
February, 2008, and all bonds and securities posted with the City by Far West Industries
pursuant to such Agreements are hereafter considered null and void.
6. Inspections; Final Acceptance and Certification of Improvements.
(a) Developer 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 Developer
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
Developer'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 Developer'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
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.
Page 6 of 6
(c) Developer 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 Developer;
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 Developer 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 Developer
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 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.
Page 7 of 7
(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
Developer 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. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Developer 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. Developer 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. Developer shall, at Developer'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 Developer.
(a) Default of Developer shall include, but not be limited to: (1) Developer's failure to
timely complete construction of the Improvements; (2) Developer's failure to timely cure any
defect in the Improvements; (3) Developer's failure to perform substantial construction work for
a period of twenty (20) calendar days after commencement of the work; (4) Developer's
insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary
or involuntary which Developer 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) Developer's failure to keep the Improvement Securities in full force
and effect; (7) Developer's failure to notify the City of anysale, transfer or other disposition of
the Property to a purported new Developer; (8) Developer's failure to maintain insurance; or (9)
the failure of Developer or Developer's contractors, subcontractors, agents or employees to
comply with any other terms and provisions of this Agreement.
Page 8 of 8
(b) In the event of any such default, the City Engineer or the City Council may serve
written notice to Developer specifying in reasonable detail the nature of the default. Developer
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, Developer shall
have a reasonable period of time to cure the default so long as Developer 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, Developer 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 Developer's
default upon Developer and where applicable Developer'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,
Developer'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 Developer, and
Developer'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
Developer 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
Developer'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 Developer. 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
Developer'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 Developer 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 Developer's consent to: (1) the filing by City of a notice of
violation against all of the Tots in the Subdivision; and (2) withholding of Building permits, utility
connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are
in addition to and not in lieu of any other remedies available to City at law or in equity.
Developer agrees that the choice of remedy or remedies for Developer's default or breach shall
be in the sole discretion of City.
Page 9 of 9
(g) In the event that Developer fails to perform any obligation hereunder, Developer
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 Developer. 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, Developer 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 Developer fails to fulfill any of the
requirements of this Agreement or the Plans, Developer 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 Developer fail to act promptly or in accordance with the repair/replacement
requirements set forth herein, Developer hereby authorizes City, at City's option, to perform the
repair/replacement work twenty (20) days after mailing written notice to Developer and to
Developer's surety, and Developer 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 Developer can be notified, City may, in its sole discretion,
make the necessary repairs or replacements or perform the necessary work and Developer
shall pay to City the cost of such repairs.
12. Developer Not Agent of City. Neither Developer nor any of Developer's agents,
officers, employees, or contractors are or shall be considered to be agents of City in connection
with the performance of Developer's obligations under this Agreement.
13. Injury to Improvement Work; Risk of Loss. Until such time as the Public
Improvements are accepted by City, Developer 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,
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 Developer. Developer is
responsible for and shall bear the risk of loss for all Private Improvements at all times.
Page 10 of 10
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 Developers 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. Developer'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), Developer
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 or alley pursuant to
this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the 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 Developer, its agents, subcontractors or employees in the performance of this
Agreement. Developer 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 Developer's operations, or
any subcontractor's operations, to be performed under this Agreement for Developer'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 Developer 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) Developer'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 Developer has insurance or other indemnification covering any of these matters.
(c) Developer'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. 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
Page 11 of 11
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
Developer, 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, Developer shall remain obligated to correct or
eliminate all dangerous conditions caused by defects in design or construction; provided,
however, that the Developer shall not be responsible for routine maintenance. Developer
acknowledges and agrees that Developer 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. Developer's Improvement Securities shall not be
required to secure Developer's obligations under this Section 17.
18. Sale or Disposition of Subdivision; Assignment.
(a) Developer acknowledges and agrees that sale, transfer or other disposition of all
or any portion of the Property prior to completion of the Improvements required hereunder will
not relieve Developer from the obligations set forth in this Agreement, and Developer 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 Developer sells or otherwise
transfers the Property or any portion thereof to any other person or entity prior to final
completion of the Improvements, or wishes to assign this Agreement, Developer may request a
Novation of this Agreement, or other such release or assignment and assumption agreement,
and a substitution of Improvement Securities by the new owner or proposed assignee
(hereinafter collectively for purposes of this Section, "Successor"). Developer 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 Developer 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 entered into by Developer, Successor and City, posting of
satisfactory Improvement Securities and submission of required insurance by Successor, City
shall release or reduce the securities posted by Developer in accordance with the provisions of
such novation or other such release or assignment and assumption agreement. Nothing in the
novation or other such release or assignment and assumption agreement entered into by
Developer, Successor and City shall relieve Developer of its obligations under any other Section
of this Agreement for work or Improvements performed by Developer prior to the novation.
Page 12 of 12
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Developer shall commence and diligently prosecute to completion construction of
all the Improvements required by this Agreement. The time for completion of the
Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted
by City ordinance. The City Manager may grant an extension of time for such period as may
be in the public interest upon the showing of the Developer of good cause. 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 in a form as approved by the City
Attorney.
(b) Any such extension may be granted without notice to Developer'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 Developer 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 Developer 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 Developer, provided that Developer 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, Developer 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 Developer 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 Developer of this Agreement shall not be
construed to vest Developer'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
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:
Page 13 of 13
Notice to City: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: City Manager
With a Copy to: Eric S. Vail
Burke, Williams & Sorensen, LLP
1600 Iowa Ave, Suite 250
Riverside, CA 92507
Notice to Developer: Portales Recovery, LLC
a California Limited Liability Company
c/o Inland Communities Corp.
6430 W. Sunset Blvd. Suite 460
Los Angeles CA 90028
Ph. 323-874-8000
With a Copy To:
Notice to surety:
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.
(a) Developer shall, at all times during the construction of the Improvements, obtain,
carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of
insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy 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 for bodily injury, death, personal injury and property
damage arising out of or in connection with the activities of the Developer and its
contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be at least as broad as Insurance Services Office Commercial General
Page 14 of 14
Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other
coverages specified in this subsection, include coverage for independent contractors,
ongoing operations, products and completed operations, contractual liability and personal
and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy 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 Developer, its officers,
agents, employees, subcontractors or independent contractors in performing the work
required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Developer's
employees, with Workers' Compensation limits as required by State law and Employer's
Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any
work is sublet, Developer shall require any contractor or subcontractor similarly to provide
Workers' Compensation and Employer's Liability Insurance for all contractor's or
subcontractor's employees, unless such employees are covered by the protection
afforded by Developer.
(1) 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, Developer
shall provide and shall cause each contractor or subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
(2) Developer hereby indemnifies City for any damages or claims resulting from
failure of either Developer or any contractor of subcontractor to take out or
maintain such liability or Workers' Compensation insurance.
(b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies
required by this Section shall be issued by a California-admitted insurer 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 Developer, 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 Developer, and further provided such insurer remains admitted in
California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self-insured retentions must be declared in writing
by Developer to City and subsequently approved by City prior to its execution of this Agreement
and prior to commencement of any work hereunder. At City's option, Developer shall either
reduce or eliminate the deductibles or self-insured retentions with respect to City, or Developer
shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Developer shall submit to the City
original certificates of insurance and endorsements evidencing the coverages required by this
Section. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf. All certificates and
endorsements must be approved by City Attorney prior to the City's approval or execution of this
Agreement. The City reserves the right to require complete, certified copies of all required
Page 15 of 15
insurance policies at any time and/or to require Developer to shall provide reports or status
updates to evidence compliance of its contractors and subcontractors with the provisions of this
Section.
(e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive
Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Cathedral City, its officials, officers,
employees, agents and independent contractors shall be named as additional
insured with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of the Developer; and with respect to liability arising out
of work or operations performed by or on behalf of the Developer including
materials, parts or equipment furnished in connection with such work or
operations.
(2) Primary Insurance. For any claims related to this project, the Developer's
insurance coverage shall be primary insurance as respects the City of Cathedral
City, its officials, officers, employees, agents and independent contractors. Any
insurance or self-insurance maintained by the City of Cathedral City, its officials,
officers, employees, agents and independent contractors shall be excess of the
Developer's insurance and shall not contribute with it. This endorsement is not
applicable to the Commercial Vehicle/Automotive Liability Policy.
(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation
against the City of Cathedral City, its officials, officers, employees, agents and
independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of
subrogation against the City of Cathedral City, its officials, officers, employees, agents
and independent contractors.
(f) Other Insurance Requirements. 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 Developer (ten (10) days' notice for cancellation due to
non-payment). Developer 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) Commencement of Work. Developer shall not commence work under this
Agreement until Developer has obtained all insurance required pursuant to this Section, and
such insurance has been approved by City; nor shall Developer allow any contractor or
subcontractor to commence work on the Improvements until all similar insurance required of the
contractor or subcontractor has been obtained. Certificates, endorsements, and where
applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Developer maintains higher limits than the minimums specified in
this Section 25, the City requires and shall be entitled to coverage for the higher limits
maintained by Developer. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Page 16 of 16
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
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, Developer 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. Developer 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 Developer. The undersigned, on behalf of Developer, binds Developer, its partners,
successors, executors, administrators, and assigns with respect to the terms and provisions of
this Agreement.
Page 17 of 17
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above
first written.
Developer: City:
PORTALES RECOVERY, LLC
a California Limited Liability Company
By: INLAND COMMUNITIES CORP.,
a Cal'fornia Corporation,
Its: C neral Manages-�
By:'�
Jamal A. Ahmad
President
CITY OF CATHEDRAL CITY
a Municipal Corporation
Stanley . Henry, Mayor
Ga
F. Howell, City Clerk
APPROVED AS TO F9RM:
Eric S. Vail, City Attorney
APPROVED AS TO CONTENT:
Corella, ity Engineer
APP'IVED:
c
Ch. rles P. McClendon
City Manager
(Proper Notarization of Developer's Signature is required and shall be attached)
Page 18 of 18
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 Los Angeles
}
On Oe,, bev 2 12 S before me, N. Sieber, Notary Public
/� (Here insert nam and title of the officer)
personally appeared ._ (A Y1&GL\ A . `�v1 wvaC►
who proved to me on the basis of satisfactory evidence to be the person(s-) whose
name(s-)Oure subscribed to the within instrument and acknowledged to me that
e1,she/they executed the same in t er/their authorized capacity(ies), and that by
er/their signature(e) on the instrument the person(), 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.
ITNE1 my d and official seal.
Nota Public Signet
(Notary Public Seal)
rafts."".." -----i. SIEBER
. , Commission No. 2083637
NOTARY PUBLIC -CALIFORNIA
LOS ANGELES COUNTY
My Comm. Expires OCTOBER 25, 2018
M _
•
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
t t. , ii( i/hi 01 „ 1 01, il
( itle or de riptior of attached document)
Ark 1'I'V L ' 'f' 1 r /sulk,
(Title o .escription of attached documen ontinued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
O Corporate Officer
(Title)
❑ Partner(s)
O Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotarlClasses. om 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknohredgents from
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California noiaty lair.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect corns (i.e.
he/she/they? is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment torm.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO_ Secretary).
• Securely attach this document to the signed document with a staple.
EXHIBIT "A"
Legal Description of Real Property Subject to this Agreement
In the City of Cathedral City, County of Riverside, State of California, being a portion of the
North Half of Section 5, Township 4 South, Range 5 East, San Bernardino Meridian, more
particularly described as:
Lots 1 through 72, inclusive, of Tract No. 32559, as shown by map on file in Book 390, at Pages
37 through 41, inclusive, of Maps, records of Riverside County, California.
Assessor Parcels:
677-600-007 through 015
677-601-001 through 010
677-602-001 through 010
677-603-001 through 010
677-604-001 through 008
677-605-001 through 009
677-606-001 through 008
677-607-001 through 008
Page 19 of 19
EXHIBIT "B-1"
Estimated Costs of Public/Private Improvements
See attached cost estimate prepared by Mohamad T. Younes, PE, dated January 18, 2017
Page 20 of 20
PARCEL MAP OR TRACT NO. Tract 32559 DATE:
CUP/DR NO. N/A
IMPROVEMENT Remaining Improvements
DEVELOPER
TELEPHONE #
Portales Recovery, LLC
(323) 874 8000
18 -Jan -17
BY: Mohamad T Younes
OWNER: Portales Recovery, LLC
FAX #: (323) 874 8800
ESTIMATED COST OF IMPROVEMENTS
Streets/Drainage
Flood Control
Water
Sewer
TOTAL
$ 220,490.88
0
0
0
$ 220,490.88
"Flood Control Construction Cost Estimate to be approved by Flood Control District provide copy of F.C.D. letter approving cost estimate.
DESIGN ENGINEER'S CALCULATIONS OF IMPROVEMENT BONDING COSTS
Construction items and their quantities as shown on attached sheets are accurate for
investments required to contruct the above project and the mathematical extensions, using
the City of Cathedral City unit costs are accurate for determining bonding costs.
Name:
Signature:
City Approval:
Mohamad T Younes �ROFItSS/,
T.
/rail
Civil Engineer's Stamp
D/// 13/0d/ 7
Date:
****PLEASE READ INSTRUCTIONS BELOW****
1. Quantities to be from improvement plans. Unit costs to be as provided on the following
"City of Cathedral City Improvement Estimate Worksheet".
3. For construction items not covered by the "City of Cathedral City Improvement Estimate
Worksheet", Design Engineer is to provide their opinion of construction cost and use that cost in the blar
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT TRACT 32559 - Remaining Improvements for Bonding
DATE 18 -Jan -17
Quantity
Unit
Item
Unit Cost
Amount
8
EA.
Install Street Lights
5 2,500.00
$ 20,000.00
44734
S.F.
0.10' A.C. CAP EX. Streets
S 0.80
$ 35,787.20
26144
S.F.
0.10' A.C. CAP EX. Alleys
$ 0.80
$ 20,915.20
14990
S.F.
P.C.C. Sidewalk 4" Thick x 6' Wide
$ 6.00
$ 89,940.00
6
EA,
R-1 Stop Sign
$ 200.00
$ 1,200.00
6
S.F.
Stop Bar and Legend
$ 300.00
$ 1,800.00
5
EA.
Raise Sewer Manhole to Grade
$ 500.00
$ 2,500.00
9
EA.
Raise Water Valve to Grade
$ 500.00
$ 4,500.00
71
EA.
Install Water Meter Box
$ 100.00
$ 7,100,00
L.F.
Barricades
$ 100.00
$
L.F.
Metal Beam Guard Railing
$ 35.00
$
L.F.
Dry Utility Trench - Total Length of Street
$ 10.00
$ -
L.F.
Construction Chain Link Fence (6')
$ 15.00
$
L.F.
Relocate Fence
$ 12.00
$ -
EA.
Access Gate
$ 1,000.00
$ -
EA.
Relocate Power Pole
$ 10,000.00
$ -
EA.
Street Lights (including conduit)
$ 5,000.00
$
STREETS/DRAINAGE SUBTOTAL
$ 183,742.40
PLEASE USE THIS FORMULA ONLY IF BONDS ARE REQUIRED FOR PROJECT
BOND AMOUNT For Recordation Prior to having signed Plan
A. Streets/Drainage Total Without Bond
$ 183,742.40
B. A x 20% for Maps (5% for AUP/CUP/SDR) =
S 36,748.48
C. STREETS/DRAINAGE BOND AMOUNT A + B =
$ 220,490,88
EXHIBIT "B-2"
Estimated Cost of Furnishing Monuments
See attached cost estimate prepared by Benjamin D. Egan, PLS, dated Aug. 8, 2018
Page 21 of 21
Monumentation Estimate for Tract 32559 Prepared 8/8/2018
Office Work
Task Hours Rate Subtotal Total
Calculations for Monumentation
Mission Planning
Prepare CORR for Monument Substitution
Total Office work for 212 Monuments
Field Work
Task
2 $135.00 $270.00
2 $175.00 $350.00
3 $175.00 $525.00
$1,145.00
Hours Rate Subtotal Total
Establish Survey Control
Set Centerline Monuments (13 Monuments)
Set Tract Boundary Monuments- (35 Monuments)
Set P/Cs and Prolongation Tags (164 Monuments)
8 $195.00 $1,560.00
8 $195.00 $1,560.00
16 $195.00 $3,120.00
56 $195.00 $10,920.00
Total to Set 212 Monuments
$17,160.00
Total Monumentation Estimate
Prepared by:
Benjafiiin Daniel Egan, PE, PLS
Licensed Land Surveyor 8756
$18,305.00