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HomeMy WebLinkAboutRecorded Doc 2018-010 2018-010 ok - 0 RECORDING REQUESTED BY: 2018-0009195 CITY CLERK 01/09/2018 08:22 AM Fee: $ 0.00 Page 1 of 58 WHEN RECORDED RETURN TO: Recorded in Official Records County of Riverside Peter Aldana City Clerk Assessor-County Clerk-Recorder City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF CATHEDRAL CITY IMPROVEMENT AGREEMENT PARCEL MAP 36619 DATE OF AGREEMENT: 7 C cL M R t� L� Zo 17 NAME OF DEVELOPER: MIRAGE BOB HOPE VARNER, LLC, a California Limited Liability Company, (REFERRED TO AS "DEVELOPER") NAME/NUMBER OF PARCEL MAP AND OTHER APPROVALS: TENTATIVE PARCEL MAP NO. 36619 and PLANNED UNIT DEVELOPMENT 13-002 CONDITIONAL USE PERMITS CUP 13-010, CUP 13-011, CUP 13-012, CUP 13-013 AND CUP 13-017 (REFERRED TO AS "DEVELOPMENT") TENTATIVE MAP, PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE PERMITS APPROVED BY PLANNING COMMISSION ON MAY 4, 2016 (THE "APPROVAL ACTION") PROPERTY SUBJECT TO THIS AGREEMENT 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: $ 776,000 see Exhibit "B" $ 693,400 See Exhibit "B" $ 22,400 See Exhibit "B" SURETY COMPANY and BOND NUMBERS: /Ld`IE/-01-r e As-VAL:rut AN9 Sv2C=7z1 G.2/1(M/1Nti d ANL27C4 /v G 7 e/ 9 7<f) Page 1 of 24 This Agreement is made and entered into by and between the City of Cathedral City, California, a municipal corporation of the State of California, hereinafter referred to as CITY, and Mirage Bob Hope Varner, LLC, a California Limited Liability Company, hereinafter referred to as "DEVELOPER". RECITALS A. Developer has presented to City an application for the construction of a commercial retail center at the southerly corner of the intersection of Bob Hope Drive and Varner Road, and has submitted an application for the approval and recordation of a Tentative Parcel Map to divide the site of the commercial retail center into 8 parcels and to develop the site subject to a Planned Unit Development and several Conditional Use Permits. The final Parcel Map and the development of the site are subject to the filing and recordation of a final parcel map, pursuant to provisions of the Subdivision map Act of the State of California and the City's Ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws". B. The Planning Commission has reviewed the applications and has approved Tentative Parcel Map No. 36619 for the subdivision of the land and has approved Planned Unit Development PUD 13-002, and Conditional Use Permits CUP 13-010, CUP 13-011, CUP 13-012, CUP 13-103, and CUP 13-016, for the development of various commercial sites within the subdivision, all subject to the Subdivision Laws and to the requirements and conditions of approval imposed thereon by the Approval Action by the Planning Commission on May 4, 2016. The tentative parcel map and all requirements and conditions imposed thereon by the Approval Action are on file in the Office of the City Engineer and are incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approval of a final map that Developer must have complied with the requirements of the Approval Action and must have either (a) completed, in compliance with City standards, all of the public and private improvement and work required by the Subdivision Laws or the Conditions of Approval or, (b) entered into a secured agreement with. City to complete the public and private improvements within a period of time specified by City. D. In consideration of the approval of the final parcel map for the subdivision and development by the City Council, Developer desires to enter into this Agreement, whereby Developer promises to install and complete, at Developer's own expense, all the public and private improvement work required by City in connection with the proposed subdivision. Developer has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. Page 2 of 24 E. Improvement Plans for the construction, installation, and completion of the improvements have been prepared by Developer and approved by the City Engineer. The Improvement Plans are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public and private improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amounts are stated on Page 1 of this Agreement, and the basis for the estimate of the public and private improvements is attached as Exhibit "B" to this Agreement. G. The City has adopted standards for the construction and installation of improvements within the City. The Improvement Plans have been prepared in conformance with the City standards in effect on the date or approval of the Conditions of Approval. H. Within thirty (30) days after completion of the required improvements and their acceptance by City, certain survey monuments and markers as specified on the final parcel map shall be installed in accordance with the provisions of the State Subdivision Map Act and with the ordinances of the City. I. Developer recognizes that by approval of the final parcel map, City has conferred substantial rights upon Developer, including the right to sell, lease, or finance lots within the parcel map, and that Developer has taken the final acts necessary to subdivide the property within the parcel map. As a result, City will be damaged to the extent of the cost of installation of the improvements by Developer's failure to perform its obligations under this Agreement, including, but not limited to, Developer's obligation to complete construction of the improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by Developer. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the lots and parcels within the parcel map constitutes an adequate remedy for default by the Developer shall be within the sole discretion of City. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map for Parcel Map No. 36619, Developer and City agree as follows: 1. Developer's Obligation to Construct Improvements. Developer shall: (a). Comply with all the requirements and conditions in the Approval Action and any amendments thereto, and with provisions of the Subdivision Laws. Page 3 of 24 (b). Complete at Developer's own expense, all the public and private improvement work on as required on the Tentative Map of Parcel Map No. 36619, and in the Approval Action, all in conformance with approved Improvement Plans and the CITY standards, within twelve (12) months of the date of final parcel map approval by the City Council, or by the date of final City Building Division inspection and approval of any of the first two commercial buildings constructed within Parcel Map No. 36619, on any parcel or parcels, whichever date is the earliest. (c). Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans and City standards. (d). Acquire and dedicate, or pay the cost of acquisition by City, of all rights-of- way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The Developer's obligations with regard to acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Developer and City. Developer shall also be responsible for obtaining any public or private drainage easements or authorizations to accommodate the development of the parcel map. (e) Commence construction of the improvements and complete the improvements by the deadline stated in paragraph 1(b) above, unless a time extension is granted by the City as authorized in Section 19. (f). Install all subdivision monuments, property corners, and other survey markers as shown on the recorded parcel map and required by law within thirty days after the completion of the public improvements and prior to their acceptance by the City. 2. Security (a). Developer shall at all times guarantee Developer's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws, on forms approved by City for the purposes and in the amounts as follows: (i). $ 1,469,000.00 to assure faithful performance of this Agreement in regard to said improvements which is 100% of the estimated cost of the public and private improvements set forth in Exhibit "B"; and (ii). $ 734,500.00 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 the Agreement, which is 50% of the estimated cost of the improvements, set forth in Exhibit "B" and Page 4 of 24 (iii). $ 146,900.00 to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished, which is 10% of the estimated cost of the improvements set forth in Exhibit "B", which warranty security is to be provided to the City prior to the City's release of any bonds or securities filed with this Agreement; and (iv). $ 22,400.00 in cash, to assure the placement of permanent survey monuments, lot corners, stakes and markers as shown on the final parcel map, to provide centerline ties to the City Engineer, and to provide corner records to the County Surveyor, if applicable, and to guarantee payment to the licensed surveyor or civil engineer of record for the performance of these actions. (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-" ("A-minus"). The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or referenced on Page One (1) of this Agreement, are. incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released. (c) Developer agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Developer is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Developer to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) 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. Page 5 of 24 3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Developer, shall not require Developer to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Developer shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 6 of this Agreement. Developer shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended. (b) Developer shall construct all Improvements in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the subdivision created by the recordation of the parcel map and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Developer requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted. 4. Modification of Drainage Plan. Developer agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the drainage plan is necessary in the public interest, it will undertake such design and 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. Inspections; Final Acceptance and Certification of Improvements. (a) Developer shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation. (b) Upon completion of the Improvements covered in this Agreement, the Developer shall request a final inspection by the City Engineer or his/her authorized representative. Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows: Page 6 of 24 (i) If the City Engineer, or his/her authorized representative, determines that the Improvements requiring dedication to and acceptance by the City for public use (the "Public Improvements") have been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Public Improvements by placing a resolution on the next most convenient City Council agenda seeking: (1) formal acceptance of the Public Improvements; (2) release of the Improvement Securities; and (3) authorization to file and record a Notice of Completion. Said determination by the City Engineer and agendization of the acceptance and release shall not be unreasonably withheld or delayed. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City. (ii) For Improvements not requiring dedication to or acceptance by the City (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Developer's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Developer's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed. (c) Developer shall bear all costs of inspection and certification of the Improvements. 6. Release of Improvement Securities. Except as otherwise provided in this Agreement, 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 Page 7 of 24 Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code. (i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Developer; provided, however, that no such release shall be considered by City until the value of the work remaining to be completed is twenty percent (20%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two hundred percent (200%) of the value of the work remaining to be done. City and Developer agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City. (ii) In no event shall the City Engineer authorize a release of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Developer by this Agreement. (iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done. (b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described Subsection 6(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 10, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council. Page 8 of 24 (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 reasonable expenses and fees actually incurred by the City, including reasonable attorneys' fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. Developer shall replace or repair, or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work done by Developer or its agents under this Agreement. Developer shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done by Developer 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. Page 9 of 24 8. 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. 9. 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 or developer; (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 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 9(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 21 of this Agreement. (d) In the event of service of the notice of default specified in Subsection 9(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, Page 10 of 24 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; 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 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 Page 11 of 24 right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement. 10. 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. 11. 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. 12. 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 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 Page 12 of 24 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. 13. 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. 14. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 5(b)(i), and final certification of construction of the Private Improvements pursuant to Section 5(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. 15. 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. 16. 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, Page 13 of 24 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 16 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 16. 17. 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 Page 14 of 24 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 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). 18. Time is of the essence in this Agreement. 19. 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 19(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. Page 15 of 24 (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 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. 20. 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. 21. 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 Page 16 of 24 Notice to Subdivider: Mirage Bob Hope Varner, LLC 567 San Nicolas Drive, #130 Newport Beach, CA 92660 Attn: Brent Ogden, Jr. With a Copy To: Notice to surety: 22. Severability. The provisions of this Agreement may be severed from the remainder of this Agreement in accordance with the provisions of this Section 22 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. 23. 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. 24. 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, Page 17 of 24 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 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 Page 18 of 24 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. (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. Page 19 of 24 (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 24, the City requires and shall be entitled to coverage for the 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. 25. 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. 26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 27. 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. 28. 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 Page 20 of 24 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. 29. 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 29(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 17 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. 30. Authority of Executinq 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. [END OF THIS PAGE; SIGNATURES ON FOLLOWING PAGE] Page 21 of 24 IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written. Subdivider: City: MIRAGE BOB HOPE VARNER, LLC CITY OF CATHEDRAL CITY a California Limited Liability Company a Muni '•al Co ,r_ '.n By: /7- -'/ : As/I.Ji Brent Ogden, Ma aging Member ante ry, Mayor ATT T: fate 111**I.` ALA Gall F. Howell: City CI-rk APPROVED AS O = : -M: Eric S. Va I, City Attorney APPROVED AS TO NTENT: Joh . Corella, City Engineer "OVED) sr ° 6-0--(- — 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 22 of 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 S .�T..,..!T.!:�.!�. a .�re�x!�c� a •e,4c�e a ems. . e e ,ee,:: e r a c,:w... eiv. •47,... 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 t:,pt: C _ ) On i'!V O ( 9 JL I (�before me, Anne Mansour, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Val,7 0 V 1 ' Name(s) of Signer(s) 1 who proved to me on the basis of satisfactory evidence to be the person whose name .O 6tscribed to the within instrument and acknowl dged to me th- -- - - executed the same is ' �La�-he their authorized capacity(iee);and that��}}x� ertittefr signature( on the instrument the person( or the entity upon behalf of which the person() acted, executed the instrument. // I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ANNE M/iNSOUR is true and correct. «r■ Commission#2115355 WITNESS my hand and official seal. • . - i Notary Public-California Z \x wi Orange County Jul 11,2019 Signature LP Q Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unint-nded document. Description of Attached Document ' ■Title or Type of Documen • . . ►_.• • l j•1 •1 risk / , , c_,•_• • e / I ,. r Document Date: 14,90L, I ' o { I Number of Pages: &f- Signer(s) Other Than Named Above: Capacity(ies) `.imed by Si ner(s Signer's Name: rAp U Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Repr n Signer Is Representing: L: Ay.S,S:�ti4�✓.:✓V,,,,,4,,✓..S✓.1y.� .S.. ti.\✓ti:s;,,,,ti. SSI/,. ti4�y'.v1/.4✓:✓4 4\✓. '.✓.SS✓ti✓'.�i.'.✓.IST!,:c•`- ,,'.�✓...�✓..c.✓..✓ti.' ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A" Legal Description of Real Property Subject to this Agreement Parcel "A" of Notice of Lot Line Adjustment No. 05476 recorded on May 28, 2014, as Instrument No. 2014-0194148, in Official Records of Riverside County, California. Located within portions of Section 13, Township 4 South, Range 5 East, and Section 18, Township 4 South, Range 6 East, San Bernardino Meridian. (Assessor Parcel No. 670-250-019, 650-080-095, and 650-090-044) Page 23 of 24 EXHIBIT "B" Page 24 of 24 EXHIBIT "B" Summary of Estimated Costs of Improvements for PM 36619 The following cost summary is based upon the attached Improvement Cost estimate worksheets prepared by Michael Sutton, RCE 57887, dated June 16, 2017, and on the monumentation estimate submitted by William Pope, of Michael Baker International, in the E-mail dated April 17, 2017, both on file in the office of the City Engineer. 1. Off-site (public) improvements: $ 776,000.00 2. On-site (private) improvements: $ 693,400.00 Total: $ 1,469,400.00 Rounded Total: $ 1,469,000.00 Surveyor's Estimate for Monumentation: $ 22,400.00 IMPROVEMENT SECURITY SUMMARY: FAITHFUL PERFORMANCE BOND: @100% $ 1,469,000 PAYMENT BOND (LABOR & MATERIALS):@ 50% $ 734,500 WARRANTY BOND: @10% $ 146,900* MONUMENT CASH SECURITY: $ 22,400 * Warranty bond to be posted upon completion of improvements Attachments: Estimate Worksheets (16 pages) Surveyor's Estimate (1 page) CATHEDRAL CITY 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 Cathedral City Phone: 760-770-0340 Fax: 760-202-1460 OFF-SITE IMPROVEMENTS PARCEL MAP OR TRACT NO. PM NO.36619 DATE: 6-16-2017 CUP/DR NO. BY: WAP IMPROVEMENT DEVELOPER MIRAGE BOB HOPE VARNER,LLC OWNER: MIRAGE BOB HOPE VARNER, LLC TELEPHONE# 949-718-0066 FAX#: ESTIMATED COST OF IMPROVEMENTS Streets/Drainage $422,012.80 Flood Control Water $ 239,900.00 Sewer $ 43,500.00 TOTAL $705,412.80 10%CONTINGENCY.$70,541.28 $776,000.00 'Flood Control Construction Cost Estimate to be sgprovedbyRood Control Dlstilot.Provide copyofF.C,D.hitter•FProvhp cost esthrate•' DESIGN ENGINEER'S CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for improvements required to construct the above project and the mathematical extensionsusinggthe City of Cathedral City unit costs are accurate for determining bonding costs. Name: �t //j�//�jJy(//JJ i NO.57ti?7 J7jj'3. Signature: --I� •/"7 !( a Civ1� '"t r ,. : 2 City's Approval: Da te; • ��-- *****PLEASE READ INSTRUCTIONS BELOW***** 1. Quantities to be from improvement plans.Unit costs to be as provided on the following"City of Cathedral City Improvement Requirement Worksheet". 2. For construction items not covered by the"City of Cathedral City Improvement Estimate Worksheet", Design Engineer is to provide their opinion of construction cost and use that cost in the blank spaces provided. Improvement Estimate Worksheet City of Cathedral City Engineering Division Page 1 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT OFF-SITE IMPROVEMENTS PM NO. 36619 DATE 6-16-2017 i STREET MAINTENANCE GRADING Quantity Unit Item Unit Cost Amount Acre Clearing and Grubbing $ 1,500.00 $ - C.Y. Cut and Fill $ 1.00 $ - C.Y. Excavate and Export $ 2.75 $ - C.Y. Import and Fill $ 7.00 $ - _ $ - $ - $ - $ - $ - STREET IMPROVEMENTS 1,590 LF. Sawcut Existing A.C.Pavement _ $ 1.00 $ 1,590.00 25,389 S.F. Cold-Plane A.C.Pavement $ 0.50 $ 12,6994.50 2,821 S.Y. Grinding A.C.in Place $ 0.60 $ 1,692.60 504 S.Y. Remove A.C.Pavement $ 1.20 $ 604.80 468 LF. Remove Curb and Gutter $ 18.00 $ 8,424.00 L.F. Remove A.C. Dike $ 3.00 $ - S.F. Remove Sidewalk $ 10.00 $ - S.F. Remove Cross Gutter and Spandrel $ 2.00 $ - LF. Remove Chainlink Fence $ 7.50 $ - LF. Remove Barricade $ 10.00 164 Ton Asphalt Concrete( S.F.)-144 Ibs/cubic foot $ 90.00 $ 14,760.00 153 C.Y. Agg Base Class II( S.F.) $ 50.00 $ 7,650.00 LF. Curb and Gutter(Type A-6) $ 10.00 $ - _ 170 LF. Curb and Gutter(Type A-8) $ 12.00 $ 2,040.00 L.F. Wedge Curb , $ 15.00 $ - 861 L.F. Type"0"Curb @ Median island $ 12.00 $ 10,332.00 L.F. A.C.Dike(6") $ 800 $ - LF. A.C.Dike(8") $ 10.00 $ - 4,390 S.F. P.C.C.Cross Gutter and Spandrels _ $ 8.00 $ 35,126.00 4,418 S.F. P.C.C.Sidewalk $ 4.00 $ 17,672.00 S.F. P.C.C.Drive Approach $ 8.00 $ - S.F. P.C.C.Dip Section Standard 307 $ 6.00 $ - 2,530 S.F. Colored Stamped Concrete $ 10.00 $ 25,300.00 9 EA. _Handicapped Access Ramp _ $ 1,500.00 $ 13,500.00 Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 2 of 8 CRY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT OFF-SITE IMPROVEMENTS PM NO. 36619 DATE 6-16-2017 I STREET IMPROVEMENTS(CONTINUED) I Quantity Unit Item Unit Cost Amount C.Y. Structural Reinforced Concrete $ 400.00, $ - LF. Barricades $ 100.00 $ LF. Metal Beam Guard Railing $ 35.00 $ - LF. Dry Utility Trench-Total Length of Street $ 10.00 $ - LF. Construction Chain Link Fence(6') $ 15.00 $ - LF. Relocate Fence $ 12.00 $ - EA. Access Gate $ 1,000.00 $ - 1 EA. Relocate Power Pole , $ 10,000.00 $ 10,000.00 2 EA, Street Lights(including conduit) $ 5,000.00 $ 10,000.00 3,301 S.F. 8"Concrete $ 7.50 $ 24,757.00 65 L.F. Curb Transition(8"to 6"c.f.) $ 10.00 $ 650.00 STORM DRAIN EA. Concrete Bulkhead $ 200.00 $ - EA. Slope Anchors for Pipes $ 300.00 $ - C.Y. Cut Off Wall(Standard 2') $ 400.00 $ - EA. Curb Inlet Catch Basin(Standard 300) _ $ 2,000.00 $ - EA. Comb.Inlet Catch Basin No. 1(Standard 301) , $ 2,000.00 $ - _ EA. Comb.Inlet Catch Basin No.2(Standard 302) $ 2,000.00 $ - EA. Flat Outlet Structure(Standard 303) $ 2,000.00 $ - EA. Curb Outlet Structure(Standard 308) _ $ 2,000.00 $ EA. Under Sidewalk Drain(Standard 309) $ 2,000.00 $ - EA. Private Drain through Curb(Standard 310) $ 500.00 $ - S.F. Terrace Drains and Down Drains $ 6.50 $ - S.F. Intercerptor Drains $ 6.50 $ - C.Y. R.S.Box Culvert $ 400.00 $ - C.Y. Concrete Channel $ 200.00 $ - C.Y. Ungrouted Rip Rap(1/4Ton)Method B $ 40.00 $ - CY. Grouted Rip Rap(1/4 Ton)Method B $ 6000 $ - LF. 8"ADS Pipe _ $ 30.00 $ - L.F. 12"ADS Pipe $ 40.00 $ - L.F. 18"ADS Pipe $ 50.00 $ - r LF. 24"ADS Pipe $ 60.00 $ - L.F. 30"ADS Pipe $ 70.00 $ - L.F. 36"ADS Pipe $ 80.00 $ - 1 Improvement Estimate Worksheet City of Cathedral City 1 Engineering Division Page 3 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT OFF-SITE IMPROVEMENTS PM NO. 36619 DATE 6-16-2017 1 STORM DRAIN(CONTINUED) Quantity Unit , Item Unit Cost Amount LF. 48"ADS Pipe $ 90,00 $ - LF. 54"ADS Pipe $ 100,00 $ - L.F. 60"ADS Pipe $ 110.00 $ - LF. 12"R.C.P. $ 40.00 $ - LF. 18"R.C.P. $ 60.00 $ - LF. 24"R.C.P. $ 70.00 $ - LF. 30"R.C.P. , $ 80.00 $ - LF. 36"R.C.P. , $ 90,00 $ - LF. 42"R.C.P. $ 100.00 $ - LF. 48"R.C.P. , $ 110.00 $ - LF. 54"R.C.P. ,$ 130.00 $ - LF. 60"R.C.P. $ 15000 $ - LF. 18"C.S.P.or 21"x15"C.S.P.A. $ 4000 $ LF. 24"C.S.P. or 28"x 20"C.S.P.A. $ 50.00 $ - _ LF. 30"C.S.P.or 35"x 24"C.S.P.A. $ 60.00 $ - L.F. 36"C.S.P.or 42"x29"C.S.P.A. $ moo $ - LF. 42"C.S.P.or 49"x 33"C.S.P.A. $ 80.00 $ - LF. 48"C.S.P.or 57"x 38"C.S.P.A. $ 100.00 $ - LF. 54"C.S.P.or 64"x 43"C.S.P.A. $ 110.00 $ - LF. 60"C.S.P.or 71"x 47"C.S.P.A. $ 120.00 1 $ - EA. Catch Basins W=3.5' $ 2,500.00 $ - EA. Catch Basins W=7' $ 3,000.00 $ - EA. Catch Basins W=14' $ 6,000.00 $ - EA. Catch Basins W=21' $ 9,000.00 $ - EA. Catch Basins W=28' $ 12,000.00 $ - EA. Type X Inlet $ 2,500.00 $ - EA. Type IX Inlet . $ 2,500.00 $ - EA. Junction Structure No. 1 $ 3,000.00 $ - EA. Junction Structure No.4 , $ 3,000.00 $ - EA. Junction Structure No.6 $ 3,700.00 $ - EA. Transition Structure No.1 $ 12,500.00 $ - EA. Transition Structure No.2 $ 12,500.00 $ - EA. Transition Structure No.3 $ 2,700.00 $ - EA. Manhole No.1 , $ 2,700.00 $ - EA. Manhole No.2 $ 3,300.00 $ - EA. Manhole No.3 $ 2,700.00 $ - EA. Manhole No.4 $ 5,000.00 $ - LS. WQMP Facilities $ 2,500.00 $ - Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 4 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT OFF-SITE IMPROVEMENTS PM NO. 36619 DATE 6-16-2017 I STORM DRAIN(CONTINUED) Quantity Unit Item Unit Cost Amount LS. Detention Basin $ 1,500.00 $ - EA. Discharge Pumps $ 1,000.00 $ EA. Adjust MH to Grade(Concrete Collar) $ 400.00 $ - EA. Drywell(Max Well) $ 20,000.00 $ - EA. Drywell(Conventional) $ 6,000.00 $ - SIGNING,STRIPING AND TRAFFIC SIGNALS 3,004 L.F. Remove Traffic Stripes and Markings $ 1.00 $ 3,004.00 - 14 EA. Remove Sign,Salvage $ 50.00 $ 700.00 2 EA. Relocate Roadside Sign $ 100.00 $ 200.00 2 EA. Street Name Sign $ 275.00 $ 550.00 EA. Install Sign(Mast Arm Hanger Method) _ $ 100.00 $ - EA. Install Sign(Strap&Saddle Bracket Method) $ 100.00 $ - 15 EA. Road Sign-One Post $ 250.00 $ 3,750.00 EA. Road Sign-Two Posts $ 400.00 $ - EA. Object Marker-Modified Type"F"Delineator $ 60.00 $ - EA. Delineator(Class 1 Type F) $ 40.00 $ - EA. Delineator(Class 2) $ 45.00 $ - EA. Pavement Marker,Reflective $ 3.75 $ - 6,063 LF. Paint Traffic Stripe(2 Coats) $ 0.30 $ 1,818.90 LF. 4"Thermoplastic Traffic Stripe $ 0.30 $ - LF. 8"Thermoplastic Traffic Stripe $ 0.60 $ - S.F. Thermoplastic Channelizing Limit&Markings $ 2.25 $ - S.F. Thermoplastic Crosswalk&Pavement Marking. $ 3.00 $ - 1 LS. Traffic Control Plans $ 500.00 $ 500.00 1 EA. Traffic Signal-for one intersection $200,000.00 $ 200,000.00 2 EA. Modified Solar/Flashing Road Sign $ 500.00 $ 1,000.00 532 S.F. Pavement Markings,Legends,Arrows $ 2.25 $ 1,197.00 $ - $ - $ - Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 5 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT OFF-SITE IMPROVEMENTS PM NO. 36619 DATE 6-16-2017 LANDSCAPING AND IRRIGATION Quantity Unit Item Unit Cost Amount EA. Street Trees(24"Box) $ 300,00 $ EA. Street Trees(15 Gallon) $ 150.00 $ - 1 L.S. Landscape and Irrigation $ 5,000.00 $ 5,000.00 C.Y. Landscape Fill Material $ 27.00 $ - 1 EA. Water Meter $ 7,000.00 $ 7,000.00 EA. Electric Meter $ 10,000.00 $ - EA. Pedestrian Walkway Lights $ 2,500.00 $ - EA. RP Device and Ertdosure $ 2,000.00 $ - EA. Service Connection $ 475.00 $ - EA. Standard Meter Installation $ 7,000.00 $ - EA. Deletion of Existing Water Service $ 300.00 $ - 1 EA. Meter Pedastal for Irrigation System $ 500.00 $ 500.00 $ $ - $ OTHER ITEMS I STREETS/DRAINAG E SUBTOTAL l I $422,012.80 I Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 6 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT OFF-SITE IMPROVEMENTS PM NO 36619 DATE 6-16-2017 I WATER IMPROVEMENTS 1 Quantity Unit item Unit Cost Amount 188 LF. 6"Waterline $ 27.00 $ 5,076.00 108 LF. 8"Waterline $ 31.00, $ 3,348.00 1,147 LF. 12"Waterline $ 45.00 $ 51,615.00 L.F. 18"Waterline , $ 85.00, $ - LF. 24"Waterline $ 97.00 $ - EA. 6"Gate valve $ 1,600.00 $ - 1 EA. 8"Gate valve $ 2,500.00 $ 2,500.00 4 EA. 12"Gate valve $ 4,700.00 $ 18,800.00 EA. 18"Butterfly valve $ 5,300.00 $ - EA. 24"Butterfly valve $ 10,000.00 $ - 5 EA. Fire Hydrant(6") $ 4,500.00 $ 22,500.00 EA. 6"Miscellaneaous Fittings $ 121.00 $ - 2 EA. 8"Miscellaneaous Fittings $ 178.00 $ 356.00 17 EA. 12"Miscellaneaous Fittings g $ 377.00 $ 6,409.00 EA. 18"Miscellaneaous Fittings $ 1,032.00 $ - 2 EA. 24"Miscellaneaous Fittings _ $ 2,148.00 $ 4,296.00 EA. Blowoffs $ 1,600.00 $ - EA. Service Connections $ - EA. Adjust Water Valve to Grade $ 350.00, $ - EA. Relocation of Blowoff $ 2,500.00 $ - 2 EA. Air and Vaccum Valve $ 2,500.00 $ 5,000.00 EA. Tap Existing Waterline $ 3,500.00 -$ - LF. Red Curb w/City Ordinance# $ 2.00 8 EA. 6"Detector Check $ 15,000.00 $ 120,000.00 I WATER IMPROVEMENTS SUBTOTAL I I $ 239,900.00 I Improvement Estimate Worksheet City of Cathedral City( Engineering Division Page 7 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT OFF-SITE IMPROVEMENTS PM NO. 36619 DATE 6-16-2017 SEWER IMPROVEMENTS Quantity Unit Item Unit Cost Amount LE. 4"P.V.C.-SDR 35-VCP $ 20.00 $ - 104 L.F. 6"P.V.C.-SDR 35-VCP $ 25.00 $ 2,600.00 685 LF. 8"P.V.C.-SDR 35-VCP $ 40.00 $ 27,400.00 LF. 10"P.V.C.-SDR 35-VCP $ 45.00 $ - LF. 12"P.V.C.-SDR 35-VCP $ 50.00 $ - LF. 15"P.V.C.-SDR 35-VCP $ 60,00 $ - LF. 18"P.V.C.-SDR 35-VCP $ 80.00 $ - 3 EA. Standard Manholes $ 3,000.00 $ 9,000.00 EA. Drop Manholes $ 4,000.00 $ - 9 EA. Cleanouts $ 500.00 $ 4,500.00 EA. Sewer Y's $ 30.00 $ - - EA. Chimneys $ 400.00 $ - EA. Adjust Manhole to Grade&Cone Collar $ 500.00 $ - LF. Concrete Encasement $ 35.00 $ - $ - $ - $ _ $ - $ - $ _ $ - $ _ $ - $ - $ - (SEWER IMPROVEMENTS SUBTOTAL j 1 $ 43,500.00 I , Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 8 of 8 Ail CATHEDRAL CITY 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 Cathedral City Phone: 760-770-0340 Fax: 760-202-1460 ON-SITE IMPROVEMENTS PARCEL MAP OR TRACT NO. PM NO.36619 DATE: 6-16-2017 CUP/DR NO. BY: WAR IMPROVEMENT DEVELOPER MIRAGE BOB HOPE VARNER,LLC OWNER: MIRAGE BOB HOPE VARNER, LLC TELEPHONE# 949-718-0066 FAX#: ESTIMATED COST OF IMPROVEMENTS Streets/Drainage $630,343.00 10%CONTINGENCY•$6L034.30 $693,400.00 Flood Control Water Sewer TOTAL $693,400.00 'Flood Control Constriction Cost Estimate to be approved byFlood Control District.Provide coeval`F.C.D.letter approving cost estimate. DESIGN ENGINEER'S CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are a curate for improvements required to construct the above project and the mathematical extc s,asid a City of Cathedral City unit costs are accurate for determining bonding costs. 1 � Name: I-'I(-MA L flr�1 Signature: `, Civil . i 's Strip.; City's Approval: Date: G- l t,; - 17 *****PLEASE READ INSTRUCTIONS BELOW***** 1. Quantities to be from improvement plans.Unit costs to be as provided on the following"City of Cathedral City Improvement Requirement Worksheet". 2. For construction items not covered by the"City of Cathedral City Improvement Estimate Worksheet", Design Engineer is to provide their opinion of construction cost and use that cost in the blank spaces provided. Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 1 of 8 CITY OF CATHEDRAL aTY IMPROVEMENT ESTIMATE WORKSHEET PROJECT ON-SITE IMPROVEMENTS FOR PM NO. 36619 DATE 6-16-2017 J STREET MAINTENANCE 1 GRADING Quantity Unit Item Unit Cost Amount 9 Acre Clearing and Grubbing $ 1,500.00 $ 13,500.00 49,846 C.Y. Cut and Fill $ 1.00 $49,846.00 C.Y. Excavate and Export $ 2.75 $ - 38,882 C.Y. Import and Fill $ 7,00 $ 272,174.00 $ $ $ $ - STREET IMPROVEMENTS _ L.F. Sawcut Existing A.C.Pavement $ 1.00 $ - S.F. Cold-Plane A.C.Pavement $ 0.50 $ S.Y. Grinding A.C.in Place $ 0.60 $ - S.Y. Remove A.C.Pavement $ 1.20 $ - LF. Remove Curb and Gutter $ 18.00 $ - LF. Remove A.C.Dike $ 3.00 $ - S.F. Remove Sidewalk $ 10,00 $ S.F. Remove Cross Gutter and Spandrel $ 2.00 $ - LF. Remove Chainlink Fence $ 7.50 $ - LF. Remove Barricade $ 10.00 $ - 638 Ton Asphalt Concrete( S.F.) -144lbs/cubicfoot, $ 90.00 $ 57,420.00 409 C.Y. Agg Base Class II( S.F.) $ 50.00 $ 18,405.00 1,448 LF. Curb and Gutter(Type A-6) $ 14.00 $ 20,272.00 LF. Curb and Gutter(Type A-8) $ 12.00 $ - L.F. Wedge Curb $ 15.00 $ L.F. Type"D"Curl) $ 15.00 $ - LF. A.C.Dike(6") $ &00 $ - L.F. A.C.Dike(8") $ 10.00 $ - 2,957 S.F. P.C.C.Cross Gutter and Spandrels $ 11.43 $ 33,806.00 3,335 S.F. P.C.C.Sidewalk $ 6.00 $ 20,130.00 S.F. P.C.C.Drive Approach $ 8.00 $ - S.F. P.C.C. Dip Section Standard 307 $ 6.00 $ - S.F. Colored Stamped Concrete _ $ 10.00 $ - 7 EA. Handicapped Access Ramp $ 2,500.00 $ 17,500.00 Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 2 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT ON-SITE IMPROVEMENTS FOR PM NO. 36619 DATE 6-16-2017 STREET IMPROVEMENTS(CONTINUED) Quantity Unit Item Unit Cost Amount C.Y. Structural Reinforced Concrete $ 400.00 $ - L.F. Barricades $ 10000 $ LF. Metal Beam Guard Railing $ 35.00 $ - LF. Dry Utility Trench-Total Length of Street _ $ 10.00 $ - LF. Construction Chain Link Fence(6') $ 15.00 $ - LF. Relocate Fence $ 12.00 $ - EA. Access Gate $ 1,000.00 $ - EA. Relocate Power Pole $ 10,000.00 $ - EA. Street Lights(including conduit) $ 5,000.00 $ - STORM DRAIN EA. Concrete Bulkhead $ 200.00 $ - EA. Slope Anchors for Pipes $ 300.00 $ - C.Y. Cut Off Wall (Standard 2') $ 400.00 $ - EA. ,Curb Inlet Catch Basin(Standard 300) $ 2,000.00 $ - EA. Comb.Inlet Catch Basin No.1(Standard 301) $ 2,000.00 $ - 2 EA. Comb.Inlet Catch Basin No.2(Standard 302) $ 2,000.00 $ 8,000.00 EA. Flat Outlet Structure(Standard 303) $ 2,000.00 $ - EA. Curb Outlet Structure(Standard 308) $ 2,000.00 $ - 1 EA. Under Sidewalk Drain(Standard 309) $ 2,000.00 $ 2,000.00 EA. Private Drain through Curb(Standard 310) $ 500.00 $ - S.F. Terrace Drains and Down Drains $ 6.50 $ - S.F. Intercerptor Drains $ 6.50 $ - C.Y. R.S.Box Culvert $ 400.00 $ C.Y. Concrete Channel $ 200.00 $ - C.Y. Ungrouted Rip Rap(1/4 Ton)Method 8 J $ 40.00 $ - 630 C.Y. Grouted Rip Rap(1/4 Ton) Method B $ 60.00 $ 37,800.00 L.F. 8"ADS Pipe $ 30.00 $ L.F. 12"ADS Pipe $ 40.00 $ - 712 L.F. 18"ADS Pipe $ 50.00 $ 35,600.00 144 L.F. 24"ADS Pipe $ 60.00 $ 8,640.00 LF. 30"ADS Pipe $ 70.00 $ - LF. 36"ADS Pipe $ 80.00 $ - Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 3 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT ON-SITE IMPROVEMENTS FOR PM NO. 36619 DATE 6-16-2017 1 STORM DRAIN(CONTINUED) Quantity Unit item Unit Cost Amount LF. 48"ADS Pipe $ 90.00 $ - LF. 54"ADS Pipe $ 100.00 $ - L.F. 60"ADS Pipe $ 110.00 $ - _ LF. 12"R.C.P. $ 40.00 $ - L.F. 18"R.C.P. , $ 60.00 $ - LF. 24"R.C.P. $ 70.00 $ - LF. 30"R.C.P. $ 80.00 $ - LF, 36"R.C.P. $ 90.00 $ - LF. 42"R.C.P. $ 100.00 $ - LF. 48"R.C.P. $ 110.00 $ - LF. 54"R.C.P. $ 130.00 $ - LF. 60"R.C.P. i $ 150.00 $ - LF. 18"C.S.P.or 21"x 15"C.S.P.A. $ 40:00 $ - LF. 24"C.S.P.or 28"x 20"C.S.P,A. $ 50.00 $ - LF. 30"C.S.P.or 35"x 24"C.S.P.A. $ 60.00 $ LF. 36"C.S.P.or 42"x 29"C.S.P.A. $ 70.00 $ - LF. 42"C.S.P.or 49"x 33"C.S.P.A. $ 80.00 $ - LF. 48"C.S.P.or 57"x 38"C.S.P.A. $ 100.00 $ - LF. 54"C.S.P.or 64"x 43"C.S.P.A. $ 110.00 $ - LF. 60"C.S.P.or 71"x 47"C.S.P.A. $ 120.00 $ - EA. Catch Basins W=3.5' $ 2,500.00 $ - EA. Catch Basins W=7' $ 3,000.00 $ - EA. ,Catch Basins W=14' $ 6,000.00 $ - EA. Catch Basins W=21' $ 9,000,00 $ - EA. Catch Basins W=28' $ 12,000.00 $ - EA. Type X Inlet $ 2,500.00 $ - EA. Type IX Inlet $ 2,500.00 $ - EA. Junction Structure No. 1 $ 3,000.00 $ - EA. Junction Structure No.4 $ 3,000.00 $ - ` EA. Junction Structure No.6 $ 3,700.00 $ - EA. Transition Structure No. 1 y $ 12,500.00 $ - EA. Transition Structure No,2 $ 12,500.00 $ - EA. Transition Structure No.3 $ 2,700.00 1 $ - EA. Manhole No. 1 $ 2,700.00 $ - EA. Manhole No.2 $ 3,300.00 $ - EA. Manhole No.3 $ 2,700.00 $ - EA. Manhole No.4 $ 5,000.00 $ - LS. _WQMP Facilities $ 2,500.00 $ - Improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 4 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT ON-SITE IMPROVEMENTS FOR PM NO. 36619 DATE 6-16-2017 STORM DRAIN(CONTINUED) Quantity Unit Item Unit Cost Amount L.S. Detention Basin $ 1)50100 $ - EA. Discharge Pumps $ 1,000.00 $ - 4 EA. Adjust MH to Grade(Concrete Collar) $ 400,00 $ 1,600.00 EA. Drywell(MaxWell) $ 20,000.00 $ - 3 EA. Drywell (Conventional) $ 6,000.00 $ 18,000.00 2 EA. Jenson Pre-cast Drop Inlet Box $ 2,800.00 $ 5,600.00 3 EA. Fossil Fitter $ 250.00 $ 750.00 2 EA. 18'ADS N-12 Wye $ 150.00 $ 300.00 1 EA. Remove Drainage Structure $ 500.00 $ 500.00 1 EA. Remove Light Standard $ 3,500.00 $ 3,500.00 SIGNING,STRIPING AND TRAFFIC SIGNALS S.F. Remove Traffic Stripes and Markings $ 2.50 $ - EA. Remove Sign,Salvage $ 50,00 $ - EA. Relocate Roadside Sign $ 100.00 $ EA. Street Name Sign $ 275.00 $ - EA. Install Sign(Mast Arm Hanger Method) $ 100.00 $ - EA. Install Sign(Strap&Saddle Bracket Method) $ 100.00 $ - EA. Road Sign-One Post $ 250,00 $ - EA. Road Sign-Two Posts $ 400,00 $ - EA. Object Marker-Modified Type"F"Delineator $ 60.00 $ - EA. Delineator(Class 1 Type F) $ 40.00 $ - EA. Delineator(Class 2) $ 45,00 $ - EA. Pavement Marker, Reflective $ 3.75 $ - LF. Paint Traffic Stripe(2 Coats) $ 0.30 $ L.F. 4"Thermoplastic Traffic Stripe $ 0.30 $ - LF. 8"Thermoplastic Traffic Stripe $ 0.60 $ S.F. Thermoplastic Channelizing Limit&Markings $ 2.25 $ - S.F. Thermoplastic Crosswalk&Pavement Marking, $ 3.00 $ - LS. Traffic Control Plans $ 500,00 $ - EA. Traffic Signal-for one intersection $200,000.00 $ - $ - $ - $ $ - $ Improvement Estimate Worksheet City of Cathedral City Engineering Division Page 5 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT ON-SITE IMPROVEMENTS FOR PM NO. 36619 DATE 6-16-2017 LANDSCAPING AND IRRIGATION Quantity Unit Item Unit Cost Amount EA. Street Trees(24"Box) $ 300.00 $ - EA. Street Trees(15 Gallon) $ 150.00 $ LS. Landscape and Irrigation $ 5,000.00 $ 5,000.00 C.Y. Landscape Fill Material $ 27.00 $ - EA. Water Meter $ 7,000.00 $ - EA. Electric Meter $ 10,000.00 $ - EA. Pedestrian Walkway Lights $ 2,500.00 $ - EA. RP Device and Endosure $ 2,000.00 $ - EA. Service Connection $ 475.00 $ - EA. Standard Meter Installation $ 7,000.00 $ - EA. Deletion of Existing Water Service $ 300.00 $ - EA. Meter Pedastal for Irrigation System $ 500.00 $ - $ $ - $ - $ OTHER ITEMS ISTREETS/DRAINAGE SUBTOTAL 1 I$630,343.00 Improvement Estimate Worksheet City of Cathedral City 1 Engineering Division Page 6 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT ON-SITE IMPROVEMENTS FOR PM NO. 36619 DATE 6-16-2017 WATER IMPROVEMENTS Quantity Unit Item Unit Cost Amount LF. 6"Waterline $ 27.00 $ - LF. 8"Waterline $ 3100 $ - LF. 12"Waterline $ 45.00 $ - LF. 18"Waterline $ 85.00 $ - LF. 24"Waterline _ $ 97.00 $ - EA. 6"Gate valve $ 1,600.00 $ - EA. 8"Gate valve $ 2,50000 $ - EA. 12"Gate valve $ 4,700.00 $ - EA. 18"Butterfly valve $ 5,300.00 $ - EA. 24"Butterfly valve $ 10,000.00 $ - EA. Fire Hydrant(6") $ 4,500.00 $ - EA. 6"Miscellaneaous Fittings $ 121.00 $ - EA. 8"Miscellaneaous Fittings $ 178.00 $ - EA. 12"Miscellaneaous Fittings $ 377.00 $ EA. 18"Miscellaneaous Fittings $ 1,032.00 $ - EA. 24"Miscellaneaous Fittings $ 2,148.00 $ - EA. Blowoffs $ 1,600.00 $ - EA. Service Connections $ - EA. Adjust Water Valve to Grade $ 350.00 $ - EA. Relocation of Blowoff $ 2,500.00 $ -. EA. Air and Vaccum Valve $ 2,500.00 $ - EA. Tap Existing Waterline $ 3,500.00 $ - LF. Red Curb w/City Ordinance# $ 2.00 EA. (WATER IMPROVEMENTS SUBTOTAL I I J improvement Estimate Worksheet City of Cathedral City I Engineering Division Page 7 of 8 CITY OF CATHEDRAL CITY IMPROVEMENT ESTIMATE WORKSHEET PROJECT ON-SITE IMPROVEMENTS FOR PM NO. 36619 DATE 6-16-2017 SEWER IMPROVEMENTS Quantity Unit Item Unit Cost Amount LF. 4"P.V.C.-SDR 35 VCP $ 20.00 $ - LF. 6"P.V.C.-SDR 35 VCP $ 25.00 $ - LF. 8"P.V.C.-SDR 35-VCP $ 40.00 $ - LF. 10"P.V.C.-SDR 35-VCP $ 45.00 $ - LF. 12"P.V.C.-SDR 35-VCP $ 50.00 $ - LF. 15"P.V.C.-SDR 35-VCP $ 60.00 $ - LF. 18"P.V.C.-SDR 35-VCP $ 80.00 $ - EA. Standard Manholes $ 3,000.00 $ - EA. Drop Manholes $ 4,000.00 $ - EA. Cieanouts $ 500.00 $ - EA. Sewer Y's $ 30.00 $ - EA. Chimneys $ 400.00 $ - EA. Adjust Manhole to Grade&Cone Collar $ 500.00 $ - LF. Concrete Encasement $ 35.00 $ - $ $ $ $ $ _ $ - SEWER IMPROVEMENTS SUBTOTAL 1 Improvement Estimate Worksheet City of Cathedral City 1 Engineering Division Page 8 of 8 • Dave Faessel From: Pope, Bill <BILLPOPE @mbakerintl.com> Sent: Monday, April 17, 2017 1:39 PM To: Dave Faessel;John Corella Subject: RE:CC Engineer's Estimate Worksheet.pdf Will do Dave. Thanks. The monumentation amount will be $22,400.00 according to Chris. Regards, William Pope Associate Project Manager—Mapping/Land Development 75-410 Gerald Ford Drive,Suite 100 Palm Desert I CA 92211 760-346-7481 Office 760-776-6131 Direct Michael Baker We Make a Difference INTERNATIONAL Coerwa men, 10 el m Bond No.: 106781978 Bond Fee: $23,510.00 FAITHFUL PERFORMANCE BOND SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36619 (California Government Code § 66499.1) WHEREAS, the City Council of the City of Cathedral City, State of California, and Mirage Bob Hope Varner, LLC, a California Limited Liability Company (hereinafter designated as "Principal"), have entered into an agreement pursuant to California Government Code section 66462 whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated n11cc j ey../ /3 , 2017, and identified as "Improvement Agreement, Parcel Map No. 36619" (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement, to furnish a good and sufficient bond for the faithful performance of said Agreement; and NOW, THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America , (hereinafter designated as "Surety"), a corporation organized and doing business under and by virtue of the laws of California and duly licensed to transact surety business in the State of California, are held firmly bound unto the City of Cathedral City (hereinafter designated as "City") in the penal sum of One Million Four Hundred Sixty Nine Thousand Four Hundred Dollars ($ 1,469,400.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Agreement or to the work or to the specifications. 1 Bond No.: 106781978 Bond Fee: $23,510.00 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on November 17 , 20 17 . APPROVED AS TO CONTENT: PRINCIPAL: City of C., edral City Mirage Bob Hope Varner, LLC B i/ / �"' / I , A California Limited Liability Company c P y 2 ll Charles P. McClendon B City Manager Brent Ogden, Its Managing Member APPROVED AS TO FO M: City of Cathedr.I By • •,1 City Attorney APPROVED: SURETY: City of Cath-dral City / / Travelers Casualty and Surety Company of America By Lb _ Sur- ' _ : . pany Citrgineer , Si ature of Ai rized Representative Stirling S.Broadhead Printed name 1110 East 6600 South,Suite 500,Salt Lake City,UT 84121 Surety Address and City Murry Mullenax 801-269-5647 mmullena @travelers.com Contact Phone and E-mail Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed. 2 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS, Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229477 Certificate No. 007250433 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Sam W.Clark,Stirling S.Broadhead,Douglas S.Roskelley,S.Christopher Clark,Doris Martin,and Hilary Baillargeon Utah act of the City of Salt Lake City ,State of ,their true and lawful Attorney(s)-in-Fact, F , each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 5th day of June 2017 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 1'11 �. F R6 a 1:S �N X or SU, J" Q 1, j a .. . j,{ u:\ : "Y c 4 Q* • b n (AIWA NCO A>�i ? PO7 ^ e G m y Z t982 O <?UICoreatt f aDR - z mf . F m1 :IGOAJE.i a HARTFORD, < SIMF. /S9s t 1951 / � s n. i CONN. o N N Pa, N Ni Cl!:) `•,,,, '` `ANC T, ' ± ..'.. N , J 4` -i . s . F AMt State of Connecticut By: , ''''''''.: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 5th day of June 2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•TET In Witness Whereof,I hereunto set my hand and official seal. btAft W My Commission expires the 30th day of June,2021. * AMA,1/4* Marie C.Tetreault,Notary Public 1l 444/ CPW 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ' t This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance 1 Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: O RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice 1 President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is • FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking • shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice 1 President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power N prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is NI FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 17th day of November 20 1• d pASU,q? ` 1'ti I'Y�• NE 6 \�N..i NS .,.t!!"--7;;;;:;\ QTY qq. pr,[yppsr \ 4�� QC:' U9f !"'4P. y. y�P c�L _ µawnery `pFyTY,4y0C 1982 �; m u„cp e;r'i1 0 f�7 DRPDRATED u Si n1 e i ae-- Z 0 �.7i/ k �' �r c^: d Ei _._ .o- iE HARTFORD I a. HARTFORD•.i a D1 195 l'` J i c i t i o f w CONN. n court 8- i; 1896 ��'�.,vC�a � 1 � S E A L,.o I a �d� F� d � .0 19� 2S y GO�. A:,>•• t 3 6 v d .�: O� .. %u�„ tiS.»N_J ' ,ty•..�..*ta d1 aPa < ,,y�;: A!N To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. 1 1 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, personally appeared Brent Ogden, ❑ personally known to me -OR- ❑ 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. WITNESS my hand and official seal. S a cQ,to_ — Signature of Notary 8� GNi"4ii Hp�p�iiose.r � " �,R Pac. s° r y .�, ;t c c. is ,", �� '"i""u ' `a�° ��-, z _.°_, :ns g `a,� � .�„da,. °E ,.a .�.�:.r Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER Cathedral City Subdivision Bond PARTNER(S) ® LIMITED Mirage Bob Hope Varner,LLC ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Mirage Bob Hope Varner,LLC NAME OF PERSON(S)OR ENTITY(IES) Brent Ogden Managing Member CA-ICW 24(7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C.•✓.�s a%r.l.a. . .!Te Rt me s. ee-m e c e r, e e c!:.. , c . ,-,c vTe yam. Y.-.,c . c. 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 02*10Cee. ) Anne Mansour, Notary Public On 1.17 I.? a-o I before me, , Date Here Insert Name and Title of the Officer personally appeared l T n&D Name(s) of Signer(s) __--- who proved to me on the basis of satisfactory evidence to be the erson(i) whose name 10 we subscribed to the within instrument and acknow -dged to me tha ray executed the same in (1/ _ - -' authorized capacity(ies);and that . 4P herfthrt trSignature on the instrument the personO, or the entity upon behalf of which the person(- acted, executed the in trument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . ANNE MANSOUR WI',`_ Commission 0 2115355 WITNESS m hand and official seal. i'.4.. • * Notary Public-California t I • j_s_4:_i__1_ _ . ,IYItt 2019e Signature 1"! ' r J r� /11 il Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do m-nti2. if Waq Title or Type of Do ument. I.'L f 1 _l►1(,t. �t :► 4' + , ,_ 4PAC. A ,: ! a : s'"' i Document Date: IL r .A7 nit Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) CI med by Sig er Signer's Name: (LJJ it-0t - ` �� �SSigner's Name: ,,2orporate Officer — Title(s)tcit CIT leiAkaN[1d Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General �� �� ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: I� "►^Z�l • Signer Is Representing: L:�✓ .� :\'�.'Icy.: tiy. Lti. G�: '.�'�..V4�y.�.A�: 6 .�.�.�.�.�. ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ALL-PURPOSE ACKNOWLEDGMENT State of Utah County of Salt Lake On 11/17/2017 before me, Hilary J.Baillargeon, personally appeared Stirling S. Broadhead, ® personally known to me -OR- ❑ 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. fi3 j HILARY J BAILLARGEON r NOTARVpUBLIC•STA EOFUWI WITNESS my hand and official seal. `-'� ' COMMISSIONS 679440 COMM.EXP.11.01.2018 (.4 -J €1667 - Signature of Notary . . . '•lIi: ___ ".`,*d 'n fr3za L st s, y' ..,w.:.u.`'uv<.-rY7�_f _ .dw�..,,.,e_.,,... ,§x3' :v.. k' Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ® INDIVIDUAL ❑ CORPORATE OFFICER City of Live Oak Subdivision Bond ❑ PARTNER(S) ❑ LIMITED Travelers Casualty and Surety Company of America ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: Travelers Casualty and Surety SIGNER IS REPRESENTING: Company of America NAME OF PERSON(S)OR ENTITY(IES) Stirling S.Broadhead Attorney-In-Fact CA-ICW 24(7/00) Bond No.: 106781978 Bond Fee: N/A LABOR AND MATERIAL BOND SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36619 (California Government Code § 66499.2) WHEREAS, the City Council of the City of Cathedral City, State of California, and Mirage Bob Hope Varner, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designated public and private improvements, which agreement, dated r r4.,PiA X72, /3 , 20/7, and identified as "Improvement Agreement, Parcel Map No. 36619" (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Cathedral City (hereinafter designated as "City") to secure the claims to which reference is made in Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, the Principal and the undersigned as corporate surety (hereinafter designated as "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Seven Hundred Thirty Four Thousand Five Hundred Dollars ($ 734,500.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any 1 Bond No.: 106781978 Bond Fee: N/A such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on November 17 , 20 17 . APPROVED AS TO CONTENT: PRINCIPAL: City of Cathedral Cit Mirage Bob Hope Varner, LLC / - A California Limited Liability Company BY-`A • Y' L Charles P. McClendon By //ed City Manager Brent Ogden, Its Managing Member APPROVED AS TO FO M: City of Cathed I C. By City Attorney SURETY: Travelers Casualty and Surety Company of America APPROVED: Surety • • pany City of Cathedral City qfP By / / Si:nature of AT orized Representative Cit gin-er Stirling S.Broadhead Printed name 1110 East 6600 South,Suite 500,Salt Lake City,UT 84121 Surety Address and City Murry Mullenax 801-269-5647 mmullena @travelers.com Contact Phone and E-mail Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed. 2 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS AA. POWER OF ATTORNEY J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229477 Certificate No. 007250433 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Sam W.Clark,Stirling S.Broadhead,Douglas S.Roskelley,S.Christopher Clark,Doris Martin,and Hilary Baillargeon of the City of Salt Lake City ,State of Utah ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 5th day of June 2017 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company CHSU,�� 1'lil Y„! vY FIRE 6 4-T.'.7--....!,,Y&\\\, ..:'�1NSU`", tY AMO y�� TY,4_ 2 "L .• y Q. q JP.........H9 c, JP� •, NW Fy % � • �n �O �` at 0m 7�f°0.PORAYfys i?�:'p?ORA c.I. `t P�' I\O . i 198 2 0 1977 ImPORAtrD . 4-- i '" m i i W'- -- -.. a• a i 4RO E: °; a HARTFORD, HARTFORD, \4'. i S D 1 -•, n • t o: ccfik o CONN. 1896 'Y',ECY4'_ l+jD b il9rJ1 ,,, _4 �.>o° ?dSE$ o+.STA.L;'nJ �' ° _ .`� p„••• nom mhS.AN�r �y is'.'.'..r`'/{ 6i �a`a 1 • v?� r"i/Att) State of Connecticut By: f '" -,-- 'w City of Hartford ss. Robert L.Raney,Senior Vice President On this the 5th day of June 2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. /* w" C • My Commission expires the 30th day of June,2021. P AUBItG * W Marie C.Tetreault,Notary Public 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER q, g — WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , i This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the 3 Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any I of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is q u FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking 4 shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the 1 Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. .. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1 7th day of November 20 1 'Kevin E.Hughes,Assistant Sec tary • Ghstii 1'S II lI.y FIRE 6 141-173....4!:---"% t.'. 'q..y QTY A//� §yR Y• ,{ypP�Oq�'C)• ^`� J 4 JP......,Hy E SJP sG ,�AM� S Ors j6' C1 ,�'^^,rvMltm G� '!P �CORPORq}f�.�. mow APORgr'�'a. 4 iOe '- q, r f��f�f z a1 O .wic9 f: _ a`s0a S c''�vFtt�'_ '�.77/ $ .y. ' �4�r, '" `m; "' m Z': _•_ :n- P HARTFOflD, t ^J; n 'o i j CONN. n CONN. £1951 B SE AL1o3 n.SEAL ii m o ,t�hb ia ti .6 �Gp . �i:•,_ :yf d. :;dD 's a; i� ,�! i4y. 1•� d 1 sv v ��m„� d!S•..•A js....�...�a yt �aa a r9`a' 1 AtN^'•h„M To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. l; r4 1 1 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, personally appeared Brent Ogden, ❑ personally known to me -OR- ❑ 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. WITNESS my hand and official seal. COaCkOCC , Signature of Notary J '-� 1�x �i �� 6�€�.�',9i� bi,�.'�r z,. Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER Cathedral City Subdivision Bond ® PARTNER(S) ® LIMITED Mirage Bob Hope Varner,LLC LI ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Mirage Bob Hope Varner,LLC NAME OF PERSON(S)OR ENTITY(IES) Brent Ogden Managing Member CA-ICW 24(7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Cr tLaNs� it!TJac�-�•;�t!s�r!T.�t_:�N.-'�r!s�t�,-�t!a :ter t!ar!atc�r!�N.�•rs� :�N�r�r!�rc�t�.sc•::�r!�r-:v;�r-.J��r-�t!s�t%.t��.'r!Tt!�.t�t!.�'t-:t.. 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 OCe Jet y On �D 1.9 ego, cr i [ T before me, Anne Mansour, Notary Public. Date Here Insert Name and Title of the Officer personally appeared IE Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name ••410 sa2scribed to the within instrument and acknowl-dged to me tha(skaeftey executed the same in ■ herft cir authorized capacity(iee) and that al/ er'Ehvlr signature )on the instrument the person() or the entity upon behalf of which the person( 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. ANNE MANSOUR WITNESS m hand and official seal. Pr►` Commission#2115355 , Public c-California z — /;t, n n e n n ao..-., Not ary a lXw-�xx� C.% 0rmge County Signature Comm. Jul 11,2019 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ���q Description of Attached Document. ��,,ff^� ^� �. �nn I T'' l Title or Type of Do ument: (1,4 CL<.. � ku.J2 5ttLok.f(A51.61,1 LittlArtalgo,ktataaret Document Date: '\ 19 I «'. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) CI 1 ed by Si•ner(s) Signer's Name: CL _y_ P :owe. Signer's Name: ❑ Corporate Officer — Title(s): . v� ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing:a , ! ' MI, he, Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ALL-PURPOSE ACKNOWLEDGMENT State of Utah County of Salt Lake On 11/17/2017 before me, Hilary J.Baillargeon, personally appeared Stirling S. Broadhead, ® personally known to me -OR- ❑ 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. HILARY J BAILLARGEON r-' Q WARY PUBIC•STAIEOFUTAH WITNESS my hand and official seal. " ' COMMISSIONS 679440 ••• COMM.EXP.11.01.2018 \ • Signature of Notary °r �"a r,;.`' „�`N� a�r ��;r' ', � ° "s '�&"✓`�"- ,r� �r�� ���a�'�,� ",� ��C _� a^��; ��^"�� Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER City of Live Oak Subdivision Bond ❑ PARTNER(S) ❑ LIMITED Travelers Casualty and Surety Company of America ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: Travelers Casualty and Surety SIGNER IS REPRESENTING: Company of America NAME OF PERSON(S)OR ENTITY(IES) Stirling S.Broadhead Attorney-In-Fact CA-ICW 24(7/00) Or k/!( 0" kd'G PETER ALDANA Recorder P.O.Box 751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000 "' www.riversideacr.com fk7%ry(L " CERTIFICATION Pursuant to the provisions of Government Code 27361.7, I certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print or type the page number(s) and wording below): lc ►��-�� u7 7c) — ( G)s7-R�b c , vt� ) (k)ceg [= L ( FGA-.N(I--- 14 5- 700 Date: I /2-/0 I �- Signature: Print Name: � /(1 � ACR 601(Rev.09/2005) Available in Alternate Formats