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HomeMy WebLinkAboutRecorded Doc 2020-008 2020-0192870 RECORDING REQUESTED BY } 05/05/2020 12:07 PM Fee: $ 0.00 AND WHEN RECORDED RETURN TO: } Page 1 of 9 } Recorded in Official Records County of Riverside City Clerk } Peter Aldana City of Cathedral City } Assessor-County Clerk-Recorder 68-700 Avenida Lalo Guerrero } 11111rmaiRtvitivnitrilll 132 Cathedral City CA 92234 } AMENDMENT NO. 1 TO IMPROVEMENT AGREEMENT TRACT NO. 28639-1 and 32559 THIS FIRST AMENDMENT to the Improvement Agreement for Tract No. 28639-1 and 32559 ("Amendment No. 1") is entered into this IS day of _ , 20C`', by and between HPH HOMEBUILDERS 2000 L.P., a California Limited Partnership, ("Developer") and the CITY OF CATHEDRAL CITY, a Municipal Corporation ("City"). The Developer and the City are from time to time collectively referred to herein as the "Parties". RECITALS WHEREAS, the City and Developer previously entered into that certain Improvement Agreement for Tract No. 28639-1 and 32559, dated July 12, 2019 (the "Original Agreement"), in connection with the development of subdivided lots purchased by Developer within Tract No. 28639-1 and 32559, located north of Verona Drive and west of Landau Boulevard, which Agreement was recorded on September 12, 2019, as Instrument NO. 2019-0655719, in Official Records of Riverside County, and is hereby incorporated herein by reference; and WHEREAS, the Original Agreement required that all of the missing, or incomplete public improvements fronting or providing service to the lots purchased by Developer in said Tracts were to be installed and constructed by Developer as a condition precedent to the City's issuance of Certificates of Occupancy for the single family residences to be built by Developer upon said lots; and WHEREAS, the Original Agreement also required that good and sufficient securities to guarantee the construction and completion of all such improvements were to be posted 1 by Developer prior to the issuance of any Certificates of Occupancy on any of the lots in Tract No. 28639-1 and 32559; and WHEREAS, Section 18 of the Original Agreement provided that in the event of Developer's future purchase of additional lots in either Tract 28639-1 or 32559, the obligations to construct the public improvements for such additional lots and to post good and sufficient securities as a guarantee therefor, could be added to the Original Agreement, by an amendment thereto, subject to the same terms and conditions of the Original Agreement; and WHEREAS, Developer has, since the execution of the Original Agreement, purchased additional lots in Tracts 28639-1 and 32559, as listed in Exhibit "A" to this First Amendment, and wishes now to add the public improvement obligations for said lots to the Original Agreement by this First Amendment pursuant to said Section 18. NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this First Amendment by this reference, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Developer hereby agree as follows: 1. Developer agrees to complete at Developer's own expense, all the missing or incomplete public improvements and related work related to the lots described in Exhibit "A", including without limitation those improvements set forth in Exhibit "B" herein, within twenty-four (24) months of the date of posting the improvement securities described below in Section 3, unless a time extension is granted by City as provided in the Original Agreement. 2. Developer shall furnish and install all monuments, stakes and property corners as specified on the recorded maps of Tract No. 28639-1 and 32559 related to the lots and improvements described in Exhibits "A" and "B" in accordance with the provisions of the Subdivision Map Act and Business and Professions Code and shall submit centerline ties to the City within thirty (30) days after the completion of the above improvements. 2 3. Developer agrees to secure the completion of the improvements described herein with good and sufficient securities in a form approved by the City Attorney, and in amounts as approved by the City Director of Engineering, which securities shall be posted with the City prior to the City's first final building inspection and issuance of a Certificate of Occupancy on any of the lots described in Exhibit "A". 4. All other terms, conditions and covenants set forth in the Original Agreement shall remain in full force and effect and shall apply to this First Amendment. 5. Notwithstanding the time limits specified in Section 1 above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless and until the public streets and alleys providing access to and fronting such units are completed, the final lifts of pavement on such streets and alleys are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) serving such units are in place, are operational and all utility substructures have been raised to final street and alley grade. IN WITNESS WHEREOF, the City and the Developer have executed this First Amendment on the year and day first written above. "DEVELOPER" "CITY" HPH HOMEBUILDERS 2000, L.P. CITY OF CATHEDRAL CITY a California Limited Partnership a Municipal.Corporation By: WESTERN PACIFIC HOUSING (DI MANAGEMENT INC. B .dd✓ ,_ A California Corporation Charles P. McClendon Its General Partner City Manager By: �/r"(ik ATTEST: Vicki Gullion, Asst. Secretary /L_ racey R. artin• z, CMC City Clerk, City of Cathedral Cit (signatures continue on next page) 3 APPROVED AS • ORM: City Attorney APPRO EDA T• CONTENT: fir JohA. orella Dir- .r of Engineering City of Cathedral City 4 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 Riverside On 1/15/2020 before me, Alyssa M. Bottinelli, Notary Public (insert name and title of the officer) personally appeared Vicki Gullion who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NotaryP b,;BO „Yid Riverside Coun[ / • • Commission#2278107 My Comm.Expires Feo 19,2023 I Signature ji (Seal) EXHIBIT "A" To Amendment No. 1 to Improvement Agreement Tract No. 28639-1 and 32559 Legal Description of Real Property Subject to this Amendment The "Property" 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 162 through 177, inclusive; Lots 191 through 202, inclusive; and Lots 250 through 261, inclusive, all as shown on the map of Tract No. 28639-1, filed in Book 300, at Pages 53 through 66, inclusive, of Maps, in the office of the County Recorder of said County, Together with Lots 8 through 27, inclusive, and Lots 45 through 71, inclusive, all as shown on the map of Tract No. 32559, filed in Book 390, at Pages 37 through 41, inclusive, of Maps, in the office of the County Recorder of said County. The above lots are described in the Grant Deed recorded on August 6, 2019, as Instrument No. 2019-0296821, in Official Records of said Riverside County. Assessor Parcels: Tract No. 28639-1: Lots 162-177: APN 677-582-001 thru 016 Lots 191- 202: APN 677-584-001 thru 012 Lots 250- 261: APN 677-584-013 thru 024 Tract No. 32559: Lots 8-17: APN 677-603-001 thru 010 Lots 18-27: APN 677-602-001 thru 010 Lots 45-54: APN 677-601-001 thru 010 Lots 55-63: APN 677-600-007 thru 015 Lots 64-71: APN 677-607-001 thru 008 EXHIBIT "B" GENERAL DESCRIPTION OF IMPROVEMENTS In AMENDMENT NO. 1 TO IMPROVEMENT AGREEMENT TRACT NO. 28639-1 and 32559 The public improvements to be constructed include but are not limited to improvement of all or portions of Rio Oso Road, Rio Vista Drive, Rio Madre Drive, Rio Naches Road, Rio Largo Road, Rio Madre Drive, Rio Guadalupe, Alley Lots HH and II in Tract 28639-1, and Alley Lots AA and BB in Tract 32559, where such streets, alleys and lots abut, are adjacent to or provide access or utility services to said Property as described in Exhibit "A". The above improvements include but are not limited to street grading and paving, construction of curbs, gutters, cross gutters, sidewalks, parkway improvements, street lighting, alley paving and gutters, storm drains and inlets, dry wells, installation and extension of utility services including water, sewer, telephone electrical power, gas, and other communication systems, and the repair or replacement of existing damaged, deteriorated or undermined street, alley, parkway and utility improvements. The above improvements also include the grading and improvement of Park Lot 287 in Tract 28639-1 with landscaping, park and irrigation improvements. The improvements also include the setting and placement of all survey monuments, property corners, centerline points and other survey monuments and points as shown on the recorded maps of Tracts No. 28639-1 and 32259, and providing City with centerline ties sheets, related to the streets, alleys and lots being improved and developed which have not yet been set, or which have been lost or destroyed. The exact quantity and costs of the above improvements to be constructed will be determined prior to the time the Improvement Securities are required to be posted, as outlined in Section 2(a) of this Agreement, based upon a cost estimate to be prepared by the Developer's engineer, and subject to the review and approval by the City Director of Engineering. An estimate of the cost of the required improvements and monumentation is attached as Exhibit "B-1". A sketch showing the general location of the improvements is attached as Exhibit "B-2". EXHIBIT "B-1" ESTIMATED COST OF IMPROVEMENTS The following cost summary is based upon the attached improvement estimate • worksheets prepared by MSA dated October 30, 2019. The locations of the improvements are generally shown on the attached sketch marked Exhibit "B-2". • Grading and street improvements: $ 1,156,274.00 Storm drain improvements: 105,850.00 Landscaping and irrigation: 286,950.00 Sewer improvements: 4,000.00 Water improvements: 384,746.00 Subtotal: $ 1,937,820.00 15% continencies: 290,673.00 Total: $ 2,228,493.00 Rounded Total: $ 2,228,500.00 IMPROVEMENT SECURITY SUMMARY Faithful Performance Bond: @ 100%: $ 2,228,500 Payment (Labor & Materials) Bond: @ 50%: $ 1,114,250 Warranty Bond: @ 10%: $ 222,850 * (* = posted at completion of improvements) Monumentation: In Tract 28659-1: $ 11,550 In Tract 32559: $ 12,925 Total: $ 24,475 Monument Cash Bond: $ 24,475 f , Or 4 2 Q a p 0 H D s* Z O Ili ) 1/ / I — / I \ i.. hter'/ / //: / .o; p .:,,,----i--" \t1 i ° / Acii-4E, 6 i 1 1: 1 IL Pi w 1►rq, Q ii � : ``� _J 1 - iE i .."-• , git* g "if...,7 at.. r r. //is 1R.?r� IP fr......,a , _Di. ., r..../1., +, 1 g, _ ir- / / ,, , ,�' I limm / / 0 d :,;5� to7h.. m - .' >_ // ' 'y/... ,.. 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