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2016-0258604
06/23/2016 04:06 PM
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CITY CLERK Peter Aldana
CITY OF CATHEDRAL CITY County Of Riverside
Assessor-County Clerk-Recorder
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Cathedral City CA 92234 1st
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AMENDMENT NO. 2 TO SUBDIVISION AGREEMENT
Title of Document
FOR TRACT NO. 34322-1 AND PLANNED UNIT DEVELOPMENT PUD 2007-001
Exempt from Recording fees pursuant to Sec.6103&27383 of Government Code
TRA:
DTT:
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AMENDMENT NO. 2 TO SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT NO, 34322-1 AND
PLANNED UNIT DEVELOPMENT PUD 2007-001
THIS SECOND AMENDMENT to the Subdivision Improvement Agreement for Tract No.
34322-1 and Plann-• Unit Devveelopment PUD 2007-001 ("Amendment No. 2") is
entered into this Ali day of , 201k, by and between DESERT
PRINCESS HOLD N S, LLC, a California Limited Liability Company, ("Subdivider") and
the CITY OF CATHEDRAL CITY, a Municipal Corporation ("City"). The Subdivider and
the City are from time to time collectively referred to herein as the"Parties".
RECITALS
WHEREAS, the City and Subdivider previously entered into that certain Subdivision
Agreement for Tract No. 34322-1 and PUD 2007-001, dated November 13, 2013 (the
"Original Agreement"), in connection with the development of Tract No. 34322-1,
located within the Desert Princess residential development, south of Vista Chino and
west of Landau Boulevard, and east of the Whitewater River, as legally described in
Exhibit"A", attached hereto and incorporated as a part hereof by this reference; and
WHEREAS, on December 4, 2013, City and Subdivider amended the Original
Agreement to reflect adjustments to the insurance requirements set forth in Section 25
of the Original Agreement by entering into Amendment No. 1 to the Original
Agreement, which Original Agreement and Amendment No. 1, (collectively hereinafter
referred to as the "First Amended Agreement'), were recorded on January 14, 2014, as
Instrument No. 2014-0014983, in the Official Records of the Riverside County Recorder;
and
WHEREAS, Section 1(b) of the First Amended Agreement, required that all of the public
and private improvement work in and around said Tract No. 34322-1 was to have been
completed within twenty-four (24) months of the date of final map approval, namely by
November 13, 2015, or by the date of final inspection by the City Building Department of
any of the last 5 residential units constructed on Lots 1 through 22, inclusive, and Lots
26 through 54, inclusive, of said Tract No. 34322-1,whichever date came first; and
WHEREAS, some of the required public and private improvements were completed
since the execution of the First Amended Agreement, but not all of the said
improvements nor residential units within said Tract No. 34322-1 were completed by
November 13, 2015, as required by the terms of the First Amended Agreement; and
WHEREAS, as required by Sections 2 and 25 of the First Amended Agreement,
Subdivider guaranteed its performance of the work and other obligations thereunder by
furnishing improvement and related securities in the form of corporate surety bonds, as
described in Exhibit "B" attached hereto and incorporated as a part hereof by this
reference, and the surety has been notified of the extension of time to complete the
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improvements contained herein and confirmed that the bonds remain in full force and
effect; and
WHEREAS, Subdivider cites the slow real estate market in the area, and the need to
change contractors as reasons for Subdivider's continued inability to complete the
required public and private improvements within Tract No. 34322-1 in a timely manner,
but still wishes to keep the First Amended Agreement for Tract No. 34322-1 current and
in full force and effect, and has submitted a written request dated January 8, 2016, that
the terms of the First Amended Agreement be amended to extend the date of
completion; and
WHEREAS, Section 20 of the First Amended Agreement provides that for good cause,
the time for completion of the improvements may be extended upon the
recommendation of the City Engineer and approval by the City Manager of the City; and
WHEREAS, there appearing to be good cause, the Parties hereto desire to extend the
date for completion of the public and private improvements within said Tract No. 34322-
1 by the approval and execution of this Amendment No. 2 to the First Amended
Agreement.
NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby
incorporated into the operative provisions of this Amendment No. 2 by this reference,
and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the City and the Subdivider hereby agree as follows:
1. Section 1(b) of the First Amended Agreement is hereby amended to read as
follows:
1(b) Subdivider shall complete, at its own expense, all the public and private
improvements and related work in and on Tract No. 34322-1, as required by the
conditions of approval of the tentative Map in conformance with the approved Plans and
City Standards, including without limitation, those improvements set forth in Exhibit "B"
(hereinafter collectively the "Improvements"), by November 13, 2016, or by the date of
final inspection by the City Building Department of any of the last 5 residential units
constructed on Lots 1 through 22, inclusive and Lots 26 through 54, inclusive of said
Tract No. 34322-1, whichever date occurs first(the "Amended Completion Date").
2. Section 1(f) of the First Amended Agreement is hereby amended to read as
follows:
1(f) Subdivider shall furnish and install all monuments, stakes and property
corners as specified and shown on the final map of Tract No. 34322-1, in accordance
with the provisions of the Subdivision Laws and provide centerline ties and tie sheets to
the City Engineer, all within 30 days after the completion of the improvements, or by the
Amended Completion Date, whichever occurs first, but in any event, prior to the
acceptance of the improvements by the City.
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3. Concurrent with the execution of this Amendment No. 2, Subdivider shall submit
to the City Manager current Certificates of Insurance as required by Section 25 of the
First Amended Agreement showing the coverages, endorsements, indemnified parties,
and other information as required therein, or shall certify to the City that the certificates
of insurance on file with the City remain current and valid.
4. Except as modified by the provisions of this Amendment No. 2, all other terms,
conditions, covenants and obligations set forth in the First Amended Agreement shall
remain in full force and effect.
5. Full copies of the Original Agreement and Amendment No. 1 thereto were
recorded on January 14, 2014, as Instrument No. 2014-0014983, in the Official Records
of the Riverside County Recorder, and such documents are incorporated and made part
of this Amendment No. 2 by this reference.
[ END OF PAGE—SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the City and the Subdivider have executed this Second
Amendment on the year and day first written above.
"SUBDIVIDER" "CITY"
DESERT PRINCESS HOLDINGS, LLC CITY OF CATHEDRAL CITY
a California Limited Liability Corporation a Municipal Corporation
By: BLF LAND, LLC, an Idaho Limited
Company, its sole member B ,(
Charles P. McClendon
City Manager
By:
la' e Larsen, Manager / ATTEST:
racey R. i3:rtinez, CMC
Proper Notarization of Subdivider's Deputy City Clerk
Signature is required and must be
attached).
APPROVED AS TO FORM:
AsirCity Attorn
APPROV D AS TO ONTENT:
ity Engineer
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
,AI.!,.V.N.:iC _5N.1 7s. TY.p.0\C.A.wC.c�.A..1v`.w.wC.s�.:v.N,:.0/l Aktirs.
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 KWERSID'E
On J v14E 71 2,01E before me, Eg-r KIJEgfa,NOTi1R1/4) Vjt3UG
Date Here Insert Name and Title of the Officer
personally appeared C.NRIS \)A CI LI Off)
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name(%)
subscribed to the within instrument and acknowledged to me that ce shy/they executed the same in
j/tt6ir authorized capacity(i ),and that b hi Ilr/tp(eir signature(%)on the instrument the person(af,
or the entity upon behalf of which the persory(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.
ROBERT KNERR WITNESS my hand an fficial seal.
comm.#19988$7
NOTARY PUIBUO•CAU
; RIVERSIDE COUNTY
` ''' COMM.89.NOV.23 3016 Signature
Signature of Notary Public
Place Notary Seal Above
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Description of Attached Document
Title or Type of Document: A"D i a 4 T '94601VISI0I-1 Document Date: 2.491 6
Number of Pages: & Signer(s) Other Than Named Above: WA
Capacity(ies)Claimed by Signer(s)
Signer's Name: CHRIS VAStL�OV Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑ -neral
❑Individual CA Attorney in Fact ❑Individual ❑Atto ey in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑ ardian or Conservator
'1l1 Other: ❑ Other:
Signer Is Representing: 15LAlNE LARSehi Signer Is Repre -nting:
02014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
To Amendment No. 2 of the
FIRST AMENDED SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT NO. 34322-1
Description of Land:
Tract No. 34322-1, as per map filed in Book 439, at Pages 73 through 77, inclusive, of
Maps, in the office of the Riverside County Recorder, being a subdivision of a portion of
the Southeast quarter of the Northwest quarter of Section 8, Township 4 South, Range
5 East, San Bernardino Meridian.
Said tract consists of residential Lots 1 through 54, inclusive, Lot 55, and lettered Lots
"A"through "I", inclusive.
Assessor Parcels:
675-040-067
675-540-001 through 042, inclusive
675-550-001 through 021 inclusive
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Exhibit"B"
To Amendment No. 2 of the
FIRST AMENDED SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT NO. 34322-1
Pursuant to Sections 2 and 25 of the First Amended Subdivision Agreement for Tract
34322-1 and PUD 07-001, Desert Princess Holdings, LLC, the Subdivider, has posted
the following improvement securities:
Surety Bond No. 0638642, in the amount of $ 788,600.00, securing faithful
performance of the Agreement, issued by International Fidelity Insurance Company;
Surety Bond No. 0638642, in the amount of$ 394.300.00, securing payment for
labor and materials, issued by International Fidelity Insurance Company;
Surety Bond No. 0638647, in the amount of $ 25,000.00, securing payment of
losses and expenses arising out of any failure by Principal to pay its self insured
retention obligation.
Contact for Surety:
International Fidelity Insurance Company
Kevin E. Vega, Attorney-in-Fact
Philip Vega, Surety Contact
534 E. Badillo Street
Covina CA 91723 -
Ph. 626-859-1000
E-mail:phil @cndbonding.com
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