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HomeMy WebLinkAboutRecorded Doc 2020-042 '21)2 -0 0 ■ 2020-0645206 } 12/18/2020 10:17 AM Fee: $ 0.00 RECORDING REQUESTED BY Page 1 of 8 AND WHEN RECORDED RETURN TO: } Recorded in Official Records } County of Riverside Peter Aldana City Clerk } Assessor-County Clerk-Recorder City of Cathedral City } 1111UnRYNEI!.1111i111111 68-700 Avenida Lalo Guerrero } Cathedral City CA 92234 } 8© AMENDMENT NO. 2 TO IMPROVEMENT AGREEMENT TRACT NO. 28639-1 and 32559 THIS SECOND AMENDMENT to the Improvement Agreement for Tract No. 28639-1 and 32559 ("Amendment No. 1") is entered into this 2? day of Q cf-013E - , 20 24 , 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 City and Developer executed Amendment No. 1 to the Original Agreement on January 15, 2020, which added public improvement obligations for additional lots within Tract No. 32559 purchased by Develo er to the term of the Original Agreement, which Amendment was recorded on /(rif ,S , 2020, as Instrument No. 2020- G 17), '10 , in Official Records, and is hereby incorporated herein by reference; and 1 WHEREAS, the Original Agreement and Amendment No. 1 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 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 and the First Amendment, purchased or is about to purchase lots within Tract No. 32858, as listed in Exhibit "A" to this Second Amendment, which lots are adjacent to the lots and streets in Tracts No. 28639-1 and 32559 now being improved by Developer, and Developer now wishes to add the public improvement obligations for said lots in Tract No. 32858 to the Original Agreement and First Amendment by this Second Amendment. . NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Second 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", in Tract No. 32858, including without limitation those improvements set forth in Exhibit "B" herein, within twenty-four (24) months of the date of posting the improvement 2 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 map of Tract No. 32858 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. 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 in Tract No. 32858 described in Exhibit "A". 4. All other terms, conditions and covenants set forth in the Original Agreement and the First Amendment shall remain in full force and effect and shall apply to this Second Amendment. 5. Notwithstanding the time limits specified in Section 1 above, no single family dwelling unit or group of units in Tract No. 32858 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. 6. No single family dwelling unit on any of the last ten (10) lots purchased by Developer in Tract No. 32858 shall be given final inspection and clearance for occupancy by City until both park Lot "H" in Tract No. 32858 and park Lot 288 in adjoining Tract No. 28639-1 have been improved in accordance with plans therefor approved by the City. 3 7. This Second Amendment shall not become effective until a concurrent Transfer, Release and Assumption Agreement between Developer, Sol Recovery LLC, and the City has been approved and executed by all parties. IN WITNESS WHEREOF, the City and the Developer have executed this Second 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 MANAGEMENT INC. A California Corporation Charles P. McClendon Its General Partner City Manager By: �1 ' -��� ( � ATTEST: Vicki Gullion, Asst. Secretary �1 1, Al/ Me Tracey " Martinez, CM City Clerk, City of Cathed r City APPROVED AS F M: l/ J City Attorney APPRO El AS TO CONTENT: II Jo !. Corella Dire- or of Engineering 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 10/13/2020 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. ALYSSA .BOTTINEw WITNESS my hand and official seal. _ Notaryubheo �ti Riverside CCouunntorn,a ty Commission#2278107 — My Comm.Expires Feb 19,2023 Signature (Seal) EXHIBIT "A" TO AMENDMENT NO. 2 OF IMPROVEMENT AGREEMENT TRACT NO. 28639-1 AND 32559 Legal Description of Property Subject to this Amendment In the City of Cathedral City, County of Riverside, State of California: Lots 1 through 52, inclusive, of Tract No. 32858, as shown on the map filed in Book 461 , at Pages 52 through 56, inclusive, of Maps, in the office of the County Recorder of Riverside County, California. Assessor Parcels: 677-740-001 through 019 677-741-001 through 018 677-742-001 through 015 Not included in purchase by Developer but subject to improvement: Street Lots "A" through "D", Alley Lots "E" through "G", and Park Lot "H", all in said Tract No. 32858; and Park Lot 288, in Tract No. 29639-1 5 EXHIBIT "B" AMENDMENT NO. 2 GENERAL DESCRIPTION OF IMPROVEMENTS IN TRACT NO. 32858 The public improvements to be constructed include but are not limited to improvement of all or portions of Rio Vera Cruz, Rio Guadalupe, Rio Felicia, and Rio Madre, and Alley Lots E, F, and G, all in or adjacent to the residential lots in Tract No. 32858, 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 H in Tract No. 32858 and Park lot 288 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 map of Tract No. 32858, 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 the Original Agreement, and Paragraph 3 of this Amendment 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. 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