Last update: 6/26/2016
Record and return to:
CITY CLERK - CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
SUBDIVISION AGREEMENT
THIS SUBDIVISION AGREEMENT, dated for identification only this ___ day of , 2026, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as “CITY,”
A
N
D
ZELMAN 39 COMMONS PARTNERS, LLC, a California limited liability company,
hereinafter referred to as “SUBDIVIDER/OWNER”
W I T N E S S E T H:
This Agreement is made with reference to the following
recitals:
A. SUBDIVIDER/OWNER is developing a parcel of land consisting of
4.880 gross acres, lying in the City of Anaheim, County of Orange, known as Parcel Map No. 2020-178.
B. A tentative map of said subdivision was approved by the City Planning Commission on the 9th day of May 2022.
C. A parcel map of said subdivision has been submitted for approval by SUBDIVIDER/OWNER.
D. A condition of approval of the tentative map requires that prior to approval of the final map, SUBDIVIDER/OWNER executes and files an agreement between itself and the CITY relating to the completion of the public improvements to be made in the subdivision which are normally completed and accepted after the approval of the final map.
Last update: 6/26/2016
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
PROMISES AND AGREEMENTS HEREIN CONTAIN, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
1. IMPROVEMENTS. TIME LIMIT. SUBDIVIDER/OWNER agrees to cause all improvements to be made and constructed in said subdivision to fully comply with the requirements of the Anaheim Municipal Code and the Subdivision Map Act of the State of California according to the Street Improvement Plans, Sewer Plans, Storm Drain Plans and Grading Plans approved by the City Engineer and any changes or alterations in such work required by the City Engineer, and to pay for any materials, provisions, provender or other supplies used in, upon, for or about the performance of said work, or for any work or labor done thereon of any kind, or for any amounts due under the Unemployment Insurance Act with respect to such work or labor. SUBDIVIDER/OWNER agrees to complete said work within the time specified in the conditions of approval of the map or, if no time is so specified, on or before twelve (12) months from the date of the recording of the final map of said subdivision; provided, however, that the City Engineer is hereby authorized to extend the time within which said improvements shall be completed for additional periods not to exceed six months each if he or she is of the opinion that granting the extension will not be detrimental to the public welfare. No such extensions shall be made except upon the basis of a written application made by
SUBDIVIDER/OWNER, stating fully the grounds of the application and the facts relied upon them for such an extension. In the event that SUBDIVIDER/OWNER shall fail to complete such work within said time, CITY may complete the same and recover the full cost and expense thereof from SUBDIVIDER/OWNER.
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2. SECURITIES, SUBDIVIDER/OWNER shall file with this Agreement improvement securities as set forth in Section 17.08.450 of the Anaheim Municipal Code, each to be in an amount based upon the total estimated cost of the improvement as determined by the City Engineer. One improvement security shall secure faithful performance of this Agreement as required by Section 66499.3(a) of the Government Code of the State of California and shall be in an amount equal to one hundred percent (100%) of the estimated cost of the improvement.
SUBDIVIDER/OWNER agrees that upon acceptance of the improvement covered by this security, an amount equal to ten percent (10%) of the estimated cost of the improvement as set forth in Section 17.08.450.030 of the Anaheim Municipal Code shall be retained in the security to guarantee and warrant the subdivision improvements to be installed pursuant to this Agreement for a period of one (1) year against any defective work or labor done, or defective materials furnished. A second improvement security shall, as required by Section 66499.3(b) of the Government Code of the State of California, secure the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for payment to the contractor, its subcontractors and to persons renting equipment or furnishing labor or materials to them for said improvement, and shall be in an amount equal to fifty percent (50%) of the total estimated cost of the improvement. Where storm drain construction or improvement is made a condition of approval of the map, SUBDIVIDER/OWNER shall also file with this Agreement a guarantee and warranty security in an amount equal to fifty percent (50%) of the cost of such storm drain construction or improvements for the normal and proper maintenance of said work and improvements for a period of two (2) years following the completion and acceptance thereof as required by Section 17.08.450 of the
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Anaheim Municipal Code. The issuer of the security shall be authorized to transact business in the State of California. The required securities shall be approved by the City Engineer as to sufficiency and by the City Attorney as to form.
3. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto.
4. EFFECTIVE DATE. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest Date of Execution hereinafter set forth below the names of the signatories hereto.
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IN WITNESS WHEREOF, the City of Anaheim, a municipal corporation, has authorized the execution of this Subdivision Agreement in duplicate by its Mayor and attestation by its City Clerk by motion of the City Council of the City of Anaheim on the ________ day of
_______________________, 2026, and the SUBDIVIDER/OWNER has caused this Subdivision Agreement to be executed.
ZELMAN 39 COMMONS PARTNERS, LLC, a California limited
liability company
By:
Name: ________________________
Its: ________________________
By:
Name: ________________________
Its: ________________________
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Last update: 6/26/2016
CITY OF ANAHEIM,
a municipal corporation,
___________________________ By___________________________ Mayor
ATTEST:
______________________________ By___________________________ City Clerk
DATE OF EXECUTION: DATE OF EXECUTION:
______________________________ ______________________________ ”City” “SUBDIVIDER/OWNER”
APPROVED AS TO FORM:
City Attorney
City of Anaheim
By: ________________________
Title: _____________________
Date: ______________________
APPROVED AS TO SUFFICIENCY:
OFFICE OF THE CITY ENGINEER
By: ________________________
Date: ______________________
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Last update: 6/26/2016