HomeMy WebLinkAboutRecorded Doc 2017-077 .
2017-0084471
03/01/2017 08:14 AM Fee: $ 0.00 —
RECORDING REQUESTED BY:
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CITY CLERK Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
WHEN RECORDED RETURN TO:
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CITY OF CATHEDRAL CITY
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 32858
DATE OF AGREEMENT: �e��CO�Y� P) , 20 n-
NAME OF SUBDIVIDER: Sol Recovery, LLC, a California Limited Liability Company
(hereinafter referred to as "Subdivider").
NAME/NUMBER OF SUBDIVISION: Tract No. 32858 (hereinafter referred to as
"Subdivision").
TENTATIVE MAP APPROVED ON FEBRUARY 9, 2005, BY ACTION OF THE CITY
COUNCIL (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:
$ 862,500 $ N/A $ 11,500
(see Exhibit "B-1") (see Exhibit "B-2") (see Exhibit "B-1")
BOND NUMBERS:
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION:
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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 Sol Recovery, 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: (1) 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 improvements.
E. In consideration of 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
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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 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 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-1" 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-1".
H. Notwithstanding the foregoing provisions, Subdivider or the City may elect
to revert the Property to acreage pursuant to Section 66499.11, et seq., of the California
Government Code and the Subdivision Ordinance. This Agreement does not modify or
otherwise impact the rights of either party to initiate a reversion to acreage, or the City's
ability to approve a reversion to acreage.
NOW, THEREFORE, in consideration of the City Council's approval and
recordation of the final map of the Subdivision, and the mutual covenants of the
Subdivider and City herein contained, 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 the Subdivision, 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"
(hereinafter collectively the "Improvements"), within twenty-four (24) months of the date
of final map approval by the City Council, unless a time extension is granted by the City
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•
as authorized by Section 20 of this Agreement or the City approves a reversion to
acreage of the Property pursuant to Section 66499.11, et seq., of the California
Government Code.
(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 private and public streets 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) Subdivider shall furnish the necessary materials for completion of the
Improvements in conformity with the Plans and City Standards.
(e) 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.
(g) Subdivider shall furnish and install all monuments, stakes and property
corners as specified on the final map for the Subdivision 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) 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) Eight hundred Sixty two thousand Five hundred and 00/100
DOLLARS ($ 862,500.00) 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-1"; and
(ii) Four hundred Thirty one thousand Two hundred and Fifty and
00/100 DOLLARS ($ 431,250.00) 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
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(iii) Eighty six thousand Two hundred Fifty and 00/100 DOLLARS ($
86,250.00) 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 Subdivider to City prior to the City's release of any bonds or
Improvement Securities filed with this Agreement; and
(iv) Eleven thousand Five hundred and 00/100 DOLLARS ($
11,500.00) in the form of a cash deposit, which is 100% of the estimated cost of
setting final subdivision monuments, boundary corners, front and ready lot
corners and providing centerline ties ("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 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) Except as otherwise provided in this Agreement, 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
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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.
5. Reserved.
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
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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 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. Except as otherwise provided in
this Agreement (including, without limitation, in Section 33 of this Agreement entitled
"Reversion to Acreage"), the Improvement Securities shall be released only as specified
in this Section:
(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-1". 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
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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
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,
boundary corners and lot corners 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) Except as otherwise provided in the Subdivision Laws (including, without
limitation, Section 66499.19 of the California Government Code), the City may retain
from any Improvement Securities released an amount sufficient to cover costs and
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reasonable expenses and fees actually incurred by the City, including reasonable
attorneys' fees.
8. Injury to Public 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 done by
Subdivider or its agents 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 by Subdivider or its agents 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 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
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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 (subject to Section 33, below, of this Agreement); and (4)
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. Subdivider agrees that the choice of
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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 actually 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
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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 Subdivider. 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 or alleys 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 Subdivider, its agents, subcontractors or employees in the
performance of this Agreement. Subdivider hereby agrees to, and shall defend (with
legal counsel reasonably acceptable to the City) 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,
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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.
(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. 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, and shall not 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
Page 13 of 23
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
replacement Improvement Securities and submission of required insurance by
Successor, City shall immediately release the Improvement Securities posted by
Subdivider in accordance with the provisions of such novation (or other such release or
assignment and assumption agreement entered into by Subdivider, Successor and
City), and Subdivider shall have no further obligations under this Agreement except as
otherwise provided in the novation (or other such release or assignment and
assumption agreement entered into by Subdivider, Successor and City).
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. 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 Subdivider 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 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
Page 14 of 23
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 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: Eric S. Vail, City Attorney
Burke, Williams & Sorensen, LLP
1600 Iowa Ave, Suite 250
Riverside, CA 92507
Notice to Subdivider: Sol Recovery, LLC
c/o Inland Communities Corp. Inc.
6430 W Sunset Blvd., Suite 460
Los Angeles CA 90028
Attn: Jamal A. Ahmad
Phone: (323) 874 8000
With a Copy To: Inland Communities Corp
6430 W Sunset Blvd, Suite 460
Los Angeles, CA 90028
Page 15 of 23
Attn: Mohamad T Younes
Phone: (951) 300 8268
Notice to surety: International Fidelity Insurance Company
2400 East Katella Avenue, Suite 250
Anaheim, CA 92806
Attn: Steve Kane
Phone: (714) 602 6867
23. Severability. The provisions of this Agreement may be severed from the
remainder of this Agreement in accordance with the provisions of this Section 23 and
applicable law. 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) Subdivider 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 Subdivider 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 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 Subdivider, 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
Subdivider'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, Subdivider shall require any contractor or
Page 16 of 23
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 Subdivider.
(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, Subdivider shall provide and shall cause each
contractor or subcontractor to provide, adequate insurance for the
protection of employees not otherwise protected.
(2) 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.
(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 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 California
and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self-insured retentions must be declared
in writing by Subdivider 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,
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.
(d) Certificates and Endorsements Verification. Subdivider 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
issuance of any permits for work on or in Tract 32858. The City reserves the right to
require complete, certified copies of all required insurance policies at any time and/or to
require Subdivider to shall provide reports or status updates to evidence compliance of
its contractors and subcontractors with the provisions of this Section.
(e) Required Endorsements.
Page 17 of 23
(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 Subdivider; and with
respect to liability arising out of work or operations performed by or on
behalf of the Subdivider including materials, parts or equipment furnished
in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the
Subdivider'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 Subdivider'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 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) Commencement of Work. Subdivider shall not be issued permits to
commence work under this Agreement until Subdivider has 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. Certificates, endorsements, and where applicable, full copies of policies
shall be maintained on file with the City Clerk.
(h) Higher Limits. If Subdivider maintains higher limits than the minimums
specified in this Section 25, the City requires and shall be entitled to coverage for the
Page 18 of 23
•
higher limits maintained by Subdivider. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
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 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, 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, stating that the construction of any common
private improvements is guaranteed with the State of California Bureau of Real Estate.
Page 19 of 23
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.
33. Reversion to Acreage. Nothing in this Agreement shall be deemed,
construed, or interpreted to waive or impair in any way Subdivider's or City's right to
seek or allow the reversion to acreage of the Property pursuant to Section 66499.11, et
seq., of the California Government Code and the Subdivision Ordinance. All
proceedings for reversion to acreage of the Property, whether initiated by the Subdivider
or the City, shall be conducted fairly and without unnecessary delay. Upon the effective
date of the reversion to acreage of the Property pursuant to Government Code Section
66499.18, Subdivider shall have no further obligations under this Agreement, all of the
Improvement Securities shall be immediately released, and all fees and deposits
theretofore paid by Subdivider (if any) shall be immediately returned to Subdivider
pursuant to Section 66499.19 of the California Government Code, less any allowable
retentions including retentions to cover costs actually and reasonably incurred by City.
[END OF THIS PAGE; SIGNATURES ON FOLLOWING PAGE]
Page 20 of 23
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date
above first written.
Subdivider: City:
SOL RECOVERY, LLC, CITY OF CATHEDRAL CITY
a California Limited Liability Company a Municipal Corpora ion
By: Inland Communities Corp., Inc.
a California Corporation, ��I•
Its Ge ral Manager Stanley E. Henry, M. •r
By:
Jamal A. Ahmad, President
ATTEST:
ary '. How I, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
APPROVED AS TO CONTENT:-La
A. Corella, City Engineer
APP QVED:
Charles P. McClendon
City Manager
(Proper Notarization of Subdivider's Signature is required and shall be attached)
P.\APPS\WPDATA\CATH\0007 ENGINEERING\DOC\1781.24.0-FORM SIA REVISED AS OF 091515 V2 CLEAN VER DOC
Page 21 of 23
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 300,v owt,21 2p 1'1 before me, N. Sieber, Notary Public ,
(Here insert name and title of the officer)
personally appeared a rv-s c\ A. • A.\r,Y,,. ,
who proved to me on the basis of satisfactory evidence to be the person(. ) whose
name.(4s-)Iare subscribed to the within instrument and acknowledged to me that
�he beLthey executed the same it c he#tir authorized capacity(iee), and that by
b eir signature(. ) on the instrument the personas), or the entity upon behalf of
which the persons) 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.
N. SIEBER
WITNESS m and and official seal. ,may -'_`. Commission No.2083637 5
v•` ';' NOTARY PUBLIC-CALIFORNIA
`,,72t.i LOS ANGELES COUNTY
(i) •
My Comm.Expires OCTOBER 25,2010
Notary Public Si ure (Notary Public Seal)
• •
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed and attached to the document.Acknoiwedgentsfrom
other states may be completed for documents being sent to that state so long as the
C. tA- c....kl „,\ ` wording does not require the California notary to violate California notary law.
Aitle or cxiption of attached document) • State and County information must be the State and County where the document
Thik\DAV1Sl K» \M wgViV4v—. e.t'°%.4 N'� signer(s)personally appeared before the notary public for acknowledgment.
P • Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued)'C.Gt-Ai o. must also be the same date the acknowledgment is completed.
aJZ,e, • The notary public must print his or her name as it appears within his or her
Number of Pages_l,!j Document Date 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.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
Er Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • 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
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on tile with the office of
the county clerk.
❑ Attorney-in-Fact •. Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
•Other • 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
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2015 Version'OMAN.NetaryClasses. or 800-873-9865 • Securely attach this document to the signed document with a staple.
EXHIBIT "A"
Legal Description of Real Property Subject to this Agreement
Parcel 1 of Lot Line Adjustment No. 2007-443, as described in the Certificate of Compliance
recorded on February 6, 2008, as Instrument No. 2008-060641, in Official Records of Riverside
County, California.
Said Parcel 1 being all of Lot 289 and a portion of Lot 291 of Tract No. 28639-1, as shown on
the map filed in Book 300, at Pages 53 through 66, inclusive, or Maps, in the Office of the
County Recorder of Riverside County, California.
(Assessor Parcel No. 677-050-020 and portion of 677-050-021)
Page 22 of 23
EXHIBIT "B-1"
Estimated Costs of Public Improvements for Tract 32858
(the following cost summary is based upon costs in the attached Improvement Estimate
Worksheets prepared by Mohamad T. Younes, RCE 44280, dated January 18, 2017, on file in
the office of the City Engineer, and on the attached Surveyor's Estimate to set monumentation,
prepared by Benjamin D. Egan, PLS 8756, dated January 19, 2017,)
1. Street improvements: $ 354,912.00
2. Storm drain improvements: $ 142,160.00
3. Grading: $ 10,235.00
4. Signing, striping, traffic related: $ 2,500.00
5. Landscape & park improvements on Lot "H": $ 23,262.00
Subtotal: $ 533,069.00
Contingencies @ 20%: $ 106,614.00
Subtotal: $ 639,683.00
6. Water improvements, including 20%: $ 134,933.00
7. Sewer improvements, including 20%: $ 87,876.00
Grand Total: $ 862,492.00
Grand Total, rounded: $ 862,500.00
Surveyor's Estimate for Monumentation: $ 11,500.00
IMPROVEMENT SECURITY SUMMARY:
FAITHFUL PERFORMANCE BOND: @100% $ 862,500
PAYMENT BOND (LABOR & MATERIALS):@ 50% $ 431,250
WARRANTY BOND: @10% $ 86,250
MONUMENT CASH SECURITY: $ 11,500
Attachments: Estimate Worksheets (3 pages)
Surveyor's Estimate (1 page)
Page 23 of 23
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT Tract 32858 DATE 18-Jan-17
t STREET IMPROVEMENTS 1
Quantity Unit Item Unit Cost Amount
1,210 Ton Asphalt Concrete(67,211S.F.)-144 lbs/Cu Ft $ 90.00 $ 108,900.00
821 C.Y. Agg Base Class 11(67,211 S.F.) 7$ 50.00 $ 41,050.00
3,188 L.F. Type C Curb(6"Wedge Curb) _$ 10.00 $ 31,880.00
1,482 S.F. P.C.C.Cross Gutter and Spandrels $ 10.00 $ 14,820.00
18,875 S.F. P.C.C.Sidewalk 4"Thick x 5'Wide $ 6.00 $ 113,250.00
840 S.F. P.C.C.Drive Approach(6 EA,20x4) $ 8.00 $ 6,720.00
2,632 S.F. 2'Concrete Ribbon Gutter $ 6.00 $ 15,792.00
5 EA. Handicapped Access Ramp $ 1,500.00_ $ 7,500.00
3 EA. Street lights(including conduit) $ 5,000.00 $ 15,000.00
Subtotal Street Improvements $ 354,912.00
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
DATE 18-Jan-17
PROJECT Tract 32858
4
STORM DRAIN
.
Item Unit Cost Amount
Qum Unit $ 60.00 $ 4,380.00
73 L.F. 18"R.G.P. $
70.00 $ 14,350.00
205 LF. 24"R.C.P. $ 90,00 $ 2,430.00
27 LF. 36"R.C.P. $ 6,000.00 $ 36,000.00
6 EA. Catch Basins W 14' $ 8,000.00 $ 18,000.00
2 EA. Catch Basins W=21'
1 EA. 3,000�
Junction Structure No. 1 $ 3,000.00 $
$ 12,500.00 $ 12,500.00
1 EA. Transition Structure No.l $ 5,000.00 $ 10,000.00
2 EA, Manhole No.4
1 LS. Retention Basin
$ 1,500.00 $ 1,500.00
00 $ 40,000.00 000.
2 EA. Dryweil(Maxwell) $ 20,000.00 $ 142,160.00
Subtotal Storm Drain
CITY OF CATHEDRAL CITY
. IMPROVEMENT ESTIMATE WORKSHEET
PROJECT Tract 32858 DATE 18-Jan-17
STREET MAINTENANCE 1
p GRADING
Quantity Unit kern Unit Cost Amount
8.9 AC _Clearing&Grubbing $ 750.00 5 6,675.00
8.9 AC Debris Removal $ 400.00 $ 3,560.00
C.Y.(c or f) (A)Excavate and Fill $ 0.40 $ -
C.Y.(c-f) (B)Excavate and Export $ 1.10 $ -
C.V.(c-f) (C) Import and Fill S 2.80 $
Subtotal Grading $ 10,235.00
If balance,provide(A)only,either cut or fill. If export,provide(a)&(b)a=ffil b=tut-fill
if import,provide(A)&(C) a=cut c fW-cut.Unit costs for(A),(8),and(C)are 20%of actual
costs to assure that work will be corrected to eliminate hazardous conditions.
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT Tract 32858 DATE 18-Jan-17
Quantity I Unit I Item I Unit Cost ( Amount
SIGNING,STRIPING AND TRAFFIC SIGNALS
4 EA. Street Name Sign $ 275.00 $ 1,100.00
4 EA. Road Sign-One Post(Stop Sign) $ 250.00 $ 1,000.00
4 EA. Stop Bar and Legend $ 100.00 $ 400.00
Subtotal Signing,Striping&Traffic Signals - S 2,500.00 ,
Quantity I Unit f Item J Unit Cost I Amount
LANDSCAPE&PARK IMPROVEMENTS
7,754 ] SF 'Pocket Park(Lot H-0.178 Ac) 1 $ 3.00 $ 23,262.00
Subtotal Landscape and Park Improvements l $ 23,262.00
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET _
PROJECT Tract 32858 DATE 18-Jan-17
WATER IMPROVEMENTS I
Quantity
Unit Item Unit Cost Amount
1,448 U. 8"Waterline $ 31.00 $ 44,888.00
6 EA. 8"Gate valve $ 2,500.00 $ 15,000.00
4 EA. fire Hydrant(6") $ 4,500.00 $ 18,000.00
2 EA. 8"Miscellaneaous Fittings , $ 178.00 $ 356.00
1 EA. 4"Blowoffs $ 1,600.00 $ 1,600.00
23 EA. Service Connections $ 1200.00 $ 27,600.00
10 EA. Adjust Water Valve to Grade $ 350.00 $ 3,500.00
3 EA. Remove Ex BO and Connect to Existing Main $ 500.00 $ 1,500.00
WATER IMPROVEMENTS SUBTOTAL $ 112,444.00
Contingency (20%) S 22,488.80
WATER IMPROVEMENTS SUBTOTAL $ 134,932.80
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT Tract 32858 DATE 18-tan-17
1 SEWER IMPROVEMENTS 1
Quantity Unit Item Unit Cost Amount
370 L.F. 4" P.V.C.-SDR 35-VCP $ ,20.00 $ 7,400.00
1,218 L F. 8"P.V.C. $ 40.00 $ 48,720.00 SDR 35-VCP $ 3,000.00 $ 12,000.00
4 EA. Standard Manholes 1,500.00 $ 1,500.00
1 EA. Remove Ex Clean Out and Connect , $
1 EA. Cleanouts $ 500.00 $ 500.00
37 EA. Sewer Y's $ 30.00 $ 1,110.00
4 EA. Adjust Manhole to Grade&Cone Collar _ $ 500.00 $ 2,000.00
SEWER IMPROVEMENTS SUBTOTAL 73,230.00
CONTINGENCY(20%) $ 14,646.00
SEWER IMPROVEMENTS TOTAL $ 87,876.00
EGAN AND EGAN, INC.
LAND PLANNING,CIVIL ENGINEERING AND SURVEYING
SURVEYOR'S ESTIMATE TO SET MONUMENATION
TRACT NO. 32858
Date: 1/19/2017
Attn: John Corella,PE
City Engineer
City of Cathedral City-Engineering Dept.
68-700 Avenida Lalo Guerrero
Cathedral City,CA 92234
(760) 770-0349 Office Phone
REGARDING: INLAND COMMUNITIES-TR32858-ESTIMATE FOR MONUMENTATION
Mr.Corella,
The monumentation of Tract No.32858 will require the following:
Boundary Corners(Minimum 1"IP with Plug) (26) Monuments
Rear Lot Corners(Minimum 1"IP with Plug) (67) Monuments
Front Lot Corners(Brass Tag and Tag Set on Prolongation in PCC Curb) (67)Monuments
The fee for this work is estimated to be: $11.500
• is No
pANIF�s�q �,, Respectfully Submitted
♦ ;. 44‘.
4P a CAA \ -- Benjamin Daniel Egan,PE,PLS
Principal
Licensed by the State Board for Professional Engineers,Land Surveyors and Geologists.
Civil Engineer-License Number 73070,Expires, 12/31/2018
Land Surveyor-License Number 8756,Expires, 12/31/2018
Egan and Egan,Inc.-A California Corporation (788)4D4-7883 Page I of I
Physical-Address: Mailing Address:
44227 Monterey Avenue,Suite B,Palm Desert,CA 2228D P.D.Box 5282,La Iluinta,CA 92248