RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:
City Clerk
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
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 37124
DATE OF AGREEMENT:
NAME OF DEVELOPER: AVANTE 58, LLC,
a Delaware Limited Liability Company (hereinafter referred to as "Developer").
NAME/NUMBER OF DEVELOPMENT:
Tract No. 37124, a 58 unit condominium subdivision located at the Northwest corner of Landau Boulevard and Verano Road, in the North half of Section 5, T4S, R5E, SBM, in the City of Cathedral City
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Cathedral City, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
ESTIMATED COST OF IMPROVEMENTS: See Exhibit "B
THIS IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Cathedral City, a California municipal corporation (hereinafter referred to as "City"), and AVANTE 58, LLC, a Delaware Limited Liability Company (hereinafter referred to as "Developer"). City and Developer are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Developer is the owner of certain real property located in the City of Cathedral City legally described in Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property").
The Property includes Tract No. 37124, a final subdivision map previously approved and recorded, pursuant to Tentative Tract No. 37124, as originally approved by City Planning Commission on March 15, 2017. All the requirements and conditions of approval imposed on Tentative Tract No. 37124 are incorporated into this Agreement by this reference as if set forth fully herein.
C. The original subdivider of Tract No. 37124, NCP Verano, LLC, executed a subdivision agreement on September 27, 2023, with the City and initiated construction of the public and private improvements within the tract, but did not complete the work.
D. Developer now desires to construct multiple family residences on the Property and to complete the remaining public and private improvements related thereto as required as conditions of approval of Tentative Tract No. 37124.
E. Developer agrees to assume the responsibility from NCP Verano LLC for the construction and completion of the incomplete and unfinished portions of the public and private improvements within Tract 37124, which are currently the responsibility and obligation of NCP Verano, LLC, pursuant to its Subdivision Improvement Agreement with City, by its execution of a Termination, Release and Assumption Agreement ("TRA") with NCP Verano, LLC, and City, to be executed concurrently with this Agreement.
F.. In consideration of the issuance by City of building permits to Developer to construct multiple family residences on the lots and properties in Tract No. 37124 described in Exhibit "A" (the "Development"), and of City's inspection of said residences and issuance of certificates of occupancy therefor upon their completion, Developer agrees to enter into this Agreement to complete at its own expense all of the public and private improvements and land development as required by the conditions of approval of Tentative Tract No. 37124 as related to said lots. Developer has secured this Agreement with sufficient improvement securities in a form approved by the City Attorney (referred to collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all of the improvements.
G. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements have been prepared by NCP Verano or will be prepared by Developer, subject to approval by the Director of Engineering. The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans have been or will be prepared in conformance with such Standards. The Plans are or will be on file in the Office of the Director of Engineering and
are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the Director of Engineering.
H. An estimate of the cost for construction of the public and private improvements and performing the land development work in connection with the improvements according to the Plans has been made and approved by the Director of Public Works. The estimated cost of these improvements is attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimates in Exhibit "B".
NOW, THEREFORE, in consideration of the issuance by City of building permits to Developer to construct multiple family dwellings on the lots and properties described as "the Property" in Exhibit "A", and of City's inspection of said residences and issuance of certificates of occupancy therefor upon their completion, Developer and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the Improvements (as hereinafter defined), Developer shall comply with all the requirements and conditions of the Tentative Map, and any amendments thereto, as well as the provisions of the Subdivision Laws. (b) Developer shall complete, at its own expense, all the public and private improvements and related work on the Subdivision, as required by the conditions of approval of the Tentative Map in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements"), by November 30, 2025, or by the time the forty-fifth (45th) dwelling unit in the development received final building inspection by City, whichever date occurs first.. (c) Notwithstanding the time limit specified in Section 1(b) above, no multiple family dwelling unit or group of units beyond the 45th unit in the development shall be given final inspection and clearance for occupancy by City unless the public and private streets providing access to and fronting all 58 units in the development are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Developer shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards. (e) Developer shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Developer shall also be responsible for obtaining any public or private easements or authorizations therefor to accommodate the Subdivision.
(g) Developer shall furnish and install all monuments, stakes and property corners as specified on the final map for the Subdivision in accordance with the provisions of the Subdivision Laws, and submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.
2. Improvement Securities.
(a) Developer shall at all times guarantee Developer's performance of this Agreement by furnishing and maintaining good and sufficient Improvement Securities with the City as required by the Subdivision Laws on forms approved by City for the purposes and in the amounts as follows:
One Million Two Hundred Thirty Two Thousand Seven Hundred and 00/100 Dollars ($ 1,232,700.00) to ensure faithful performance of the construction and installation of the Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the public and private improvements as set forth in Exhibit "B"; and (i) Six Hundred Sixteen Thousand Three Hundred Fifty and 00/100 Dollars ($ 616,350.00) 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 this Agreement ("Labor & Materials Security"), which amount is 50% of the estimated cost of the Improvements; and
(iii) One Hundred Twenty Three Thousand Two Hundred Seventy and 00/100 Dollars ($ 123,270) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following
acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Developer to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement; and
(iv) Ten Thousand and 00/100 Dollars ($ 10,000.00) in the form of a cash deposit, which is 100% of the estimated cost of setting final subdivision monuments, boundary corners, front and rear lot corners and providing centerline ties ("Monumentation Security") as set forth in Exhibit "B".
(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. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 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.
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 5 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 of this Agreement by the City Council. The City reserves the right to modify the Standards applicable to the Subdivision 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. Inspections; Final Acceptance and Certification of Improvements. (a) Developer shall at all times maintain proper facilities and safe access for inspection of the public and private improvements and the sewer and water improvements by City inspectors and to the shops wherein any work is in preparation. (b) Upon completion of the public and private improvements covered in this Agreement, the Developer shall request a final inspection by the Director of Public Works ("Director") or his/her authorized representative. Following receipt of such request, the Director
shall inspect the Improvements, make certain determinations and take certain actions as follows: If the Director or his/her authorized representative, determines that the Improvements requiring acceptance or certification by the City have been completed in accordance with this Agreement, then the Director shall certify the completion of the Improvements by placing a resolution on the next most convenient City Council agenda seeking:
(1) formal acceptance of the Public Improvements or certification of the private improvements; (2) release of the Improvement Securities; and (3) authorization to file and record a Notice of Completion. Said determination by the Director and agendization of the acceptance and release shall not be unreasonably withheld or delayed. Any certification and/or acceptance of the Improvements shall not constitute a waiver of any defects by City. (c) Developer shall bear all costs of inspection and certification of all the Improvements in the tract.
5. Release of Improvement Securities. _Except as otherwise provided in this Agreement (including, without limitation, in Section 31 of this Agreement entitled "Reversion to Acreage"), the Improvement Securities shall be released only as specified in this Section. The Performance Security shall be fully released only upon the final completion and certification of all public and private improvements, and after acceptance or certification of the Improvements by the City Council as specified in Section 4(b). Upon final completion of the public improvements under this Agreement, and after City Council acceptance, the City shall file a Notice of Completion in accordance with the California Civil Code. (a) Partial releases of the Performance Seçurity may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof:
(i) The Director 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 fifty percent (50%) 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 one-hundred fifty percent (150%) 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 Director 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 in this Section 5, 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 Director 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 9, below, the warranty period shall not commence until final acceptance of the Improvements and related work by the City Council. (d) The Monumentation Security may be released in full by the Director 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 Developer for such services; and (1I) | centerline tie sheets prepared in a manner acceptable to the Director 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.
6. 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. Subdivider 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 Director and the owner of any such public or private improvement.
7. Permits. Developer 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.
8. Notice of Breach/Default of Subdivider.
(a) Default of Developer shall include, but not be limited to: (1) Developer's failure to timely complete construction of the Improvements; (2) Developer's failure to timely cure any defect in the Improvements; (3) Developer's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (4) Developer's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Developer 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) Developer's failure to keep the Improvement Securities in full force and effect; (7) Developer's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new developer; (8) Developer's failure to maintain insurance; or (9) the failure of Developer or Developer's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement.
In the event of any such default, the Director or the City Council may serve written notice to Developer specifying in reasonable detail the nature of the default. Developer 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, Developer shall have a reasonable period of time to cure the default so long as Developer 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, Developer fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 8(b), above, the Director or the City Council may serve notice of Developer's default upon Developer and where applicable Developer's surety, or the holders) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 20 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 8(c), above, Developer'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, 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 Developer, and Developer'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 Developer 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 Developer'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 Developer. 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 Developer'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.
Failure of Developer 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 Developer's consent to any or all of the following: (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 (subject to Section 31, below, of this Agreement); and (4) withholding of Building permits, inspections, 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. Developer agrees that the choice of remedy or remedies for Developer's default or breach shall be in the sole discretion of City.
(g) In the event that Developer fails to perform any obligation hereunder, Developer 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 Developer. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
9. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the public and private improvements, Developer shall guarantee or warranty all such 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 Developer fails to fulfill any of the requirements of this Agreement or the Plans, Developer 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 Developer fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Developer hereby authorizes City to perform the repair/replacement work twenty (20) days after mailing written notice to Developer and to Developer's surety, and Developer agrees to pay City for the cost of such work.
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 Developer can be notified, City may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and Developer shall pay to City the cost of such repairs.
10. Developer Not Agent of City. Neither Developer nor any of Developer'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.
11. Injury to Improvement Work; Risk of Loss. Until such time as the Public or private Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such 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 Improvements specified in this Agreement prior to the completion and acceptance of the Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Developer.
12. 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 developers 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.
13. Developer's Obligation to Warn Public During Construction. Until final acceptance of the Public and private Improvements pursuant to Section 4(b), Developer 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.
14. 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 pursuant to this Agreement shall vest in City.
15. 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 Developer, its agents, subcontractors or employees in the performance of this Agreement. Developer 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 Developer's operations, or any subcontractor's operations, to be performed under this Agreement for Developer'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, caused or alleged to be caused by any act or omission of Developer 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) Developer's indemnity, defense and hold harmless obligations under this Section 15 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 Developer has insurance or other indemnification covering any of these matters. (c) Developer'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 Developer, 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, Developer shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Developer shall not be responsible for routine maintenance. Developer acknowledges and agrees that Developer 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. Developer's Improvement Securities shall not be required to secure, and shall not secure, Developer's obligations under this Section 15.
16. Sale or Disposition of Subdivision; Assignment.
(a) Developer acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Developer from the obligations set forth in this Agreement, and Developer shall be required to notify City sixty (60) day in advance of any sale or transfer of ownership of the Property. If Developer 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, Developer shall 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"). Developer 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 Developer 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 agreements) entered into by Developer, 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 Developer in accordance with the provisions of such novation (or other such release or assignment and assumption agreement entered into by Developer, Successor and City), and Developer 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 Developer, Successor and City).
17. Time of the Essence. Time is of the essence in this Agreement.
18. Time for Completion of Improvements: Extensions.
(a) Developer 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 also grant an extension of time for such period as may be in the public interest upon the showing of the Developer of good cause. Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 18(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 Developer'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.
(c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer 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 Developer 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 Developer, provided that Developer 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, Developer 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 Developer 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 Director of Engineering.
(e) Any extension of time granted under this Section 18 shall be evidenced by an Amendment to this Agreement in writing, executed by the City Manager and Subdivider, in a form approved by the City Attorney, and shall require the written concurrence of the Developer's surety.
19. No Vesting of Rights. Performance by Developer of this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance.
20. 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 lowa Ave, Suite 250
Riverside, CA 92507
Notice to Developer: Avante 58, LLC
41661 Enterprise Circle North Suite 221
Temecula CA 92590
Attn: James R. Brennan
Phone:_951-514-0033
With a Copy To:
Notice to surety:
21. Severability. The provisions of this Agreement may be severed from the remainder of this Agreement in accordance with the provisions of this Section 21 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.
22. 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.
23. Insurance.
(a) Developer 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:
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 Developer 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, 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 Developer, 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 Developer'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, Developer 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 Developer.
(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, Developer shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. (2) Developer hereby indemnifies City for any damages or claims resulting from failure of either Developer 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 Bt; VIl 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 Developer, 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 Developer, 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 Developer to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Developer shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Developer shall procure a bond guaranteeing payment of losses and expenses. (d) Certificates and Endorsements Verification. Developer 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 37124. The City reserves the right to require complete, certified copies of all
required insurance policies at any time and/or to require Developer to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section.
(e) Required Endorsements.
(1) 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 Developer; and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the Developer'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 Developer'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.
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 Developer (ten (10) days' notice for cancellation due to non-payment). Developer 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. Developer shall not be issued permits to commence work under this Agreement until Developer has obtained all insurance required pursuant to this Section, and such insurance has been approved by City; nor shall Developer 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 Developer maintains higher limits than the minimums specified in this Section 23, the City requires and shall be entitled to coverage for the higher limits maintained by Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
24. 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.
25. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement.
26. 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.
27. 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 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.
28. 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 28(a) notwithstanding, Developer 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 or approved assignment is executed in accordance with the provisions of Section 16 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.
29. Miscellaneous. Developer further agrees to provide to City, on or before occupancy of first residential structure, a copy of the final Public Report or such other evidence acceptable to the City Attorney, stating that the construction of any common private improvements is guaranteed with the State of California Bureau of Real Estate.
30. Authority of Executing 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 Developer. The undersigned, on behalf of Developer, binds Developer, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
31. Reversion to Acreage. Nothing in this Agreement shall be deemed, construed, or interpreted to waive or impair in any way Developer's or City's right to seek or allow the reversion to acreage of the Property pursuant to Section 66499.11, et seq., of the California Government Code and the Subdivision Ordinance. All proceedings for reversion to acreage of the Property, whether initiated by the Developer or the City, shall be conducted fairly and without unnecessary delay. Upon the effective date of the reversion to acreage of the Property pursuant to Government Code Section 66499.18, Developer shall have no further obligations under this Agreement, all of the Improvement Securities shall be immediately released, and all fees and deposits theretofore paid by Developer (if any) shall be immediately returned to Developer pursuant to Section 66499.19 of the California Government Code, less any allowable retentions including retentions to cover costs actually and reasonably incurred by City. [END OF THIS PAGE; SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Developer: City:
AVANTE 58, LLC CITY OF CATHEDRAL CITY
A California Limited liability Company a Municipal Corporation By:
James R. Brennan Charles P. McClendon
Managing Member City Manager
ATTEST:
Tracey R. Hermosillo C.M.C.
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
John A. Corella, Director of
Public Works
(Proper Notarization of Subdivider's Signature is required and shall be attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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.
File No: _
APN No:
STATE OF California )SS
COUNTY OF Riverside
March 4,2024 before me, Patricia Sather, Notary Pul, personally apeared On
Lames Brennan
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Isjare subscribed to the within strument and acknowledged to me that/he/she/they executed the same inchis/her/their authorized capacityles), and that b is/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed th instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. PATRICIA SATHER
atto
Signature
My Comm. Expires May 27, 2025
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFICERS taising Member, LLC
PARTNERS) LIMITED GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
| GUARDIAN/CONSERVATOR
• OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: ubdivision Improvement /greement
NUMBER OF PAGES
SIGNERS) OTHER THAN NAMED ABOVE Charles P.M. Clean, Tracey RHermosit John Ao-Corella
EXHIBIT "A"
Legal Description of Real Property Subject to this Agreement Tract No. 32558 The "Property"
In the City of Cathedral City, County of Riverside, State of California, being a portion of the North half of Section 5, Township 4 South, Range 5 East, San Bernardino Meridian, more particularly described as:
Lots 1 through 3, inclusive, as shown on the map of Tract 37124, filed in Book 493, at Pages 1 through 5, inclusive, of Maps, in the office of the County Recorder of said County, The above lots are described in the Grant Deed recorded on November 8, 2023, as Instrument No. 2023-0337795, in Official Records of said Riverside County.
Assessor Parcels: 677-050-023
EXHIBIT "B"
SUMMARY OF ESTIMATED IMPROVEMENT COSTS
TRACT NO. 37124
AVANTE LLC
The following cost summary is based upon the attached improvement estimate worksheets and survey monument bond estimate prepared by Fuscoe Engineering, dated August 15, 2023, and July 12, 2023, respectively...
Public Improvements:
Public Streets $ 33,486
CVWVD Sewer: 208,375
CVWD Water: 252,116
Subtotal: $ 493,997
10% continencies: 49,398
Total: $ 543,375
Rounded Total: $ 543,400
Private On-Site Improvements:
Steets: $ 506,783
On-site Drainage: 119,895
Subtotal: $ 626,678
10% contingencies: 62,668
Total: $ 689,344
Rounded Total: $ 689,300 •
Total Public and Private: $ 1,232,700
Monuments: $ 10,000
Required Improvement Securities:
For Faithful Performance: $ 1,232,700
For Labor & Materials: 616,350
Warranty Bond: 123,270*
Monuments (cash bond) 10,000
Warranty bond required at completion of improvements
Owner: NCP Verano, LLC COST ESTIMATE DATE:8/15/2023
690 E Green St., Ste. 200
Pasadena, Ca 91101 Engineer: Fuscoe Engineering, Inc
(323)874-8000 2850 Inland Empire Blvd., Ste. B
Ontario, Ca 91754
(909)581-0676
TRACT MAP NO. 31724
Rio Largo Drive, Cathedral City, Ca
PUBLIC STREET IMPROVEMENTS
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Public Street Improvements
LF 36 $ $ 72.00
LF 100 $ 200.00
SF 612 $ 2.50 1,530.00
Demo AC 12" wide SF 136 $ 1.00 $
New AC to match existing 12" wide 136.00
SF 136 $ 10.00 1,360.00
AC Sawcut LF 144 $ 2.00
288.00
0.125' Asphalt Grind and Overlay (16.5'w x
400' long) SF 6,600 1.50 $
(N) Drive Approach (Verona) 9,900.00
EA 1 $5,000 $ 5,000.00
(N) Entry (Rio Largo) EA 1 $15,000 $ 15,000.00
TOTAL OF PUBLIC STREET IMPROVEMENTS $
33,486.00
1 OF 4
Owner: NCP Verano, LLC COST ESTIMATE DATE:8/15/2023
690 E Green St., Ste. 200 Engineer: Fuscoe Engineering, Inc Pasadena, Ca 91101
(323)874-8000 2850 Inland Empire Blvd., Ste. B
Ontario, Ca 91754
(909)581-0676
GRADING
DESCRIPTION | UNIT QUANTITY UNIT COST TOTAL COST
Grading
Rough Grading
Clearing & Grubbing AC 7.1 $ 760.00
$ 5,396.00
Debris Removal AC 7.1 $ 400.00
$ 2,840.00
Cut (include bldg, overex) & Fill C.V. 24,570 $ 0.50 12,285.00 Import &Fill C.Y. 3,400 $ 2.80 $ 9,520.00
Precise Grading LOT 58 600.00 34,800.00
6"Conc driveway SF 2160 10.00 21,600.00
TOTAL OF GRADING $ 86,441.00
WATER IMPROVEMENTS
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Water improvements
8" D.I.P. Water Main (w'restrained joints) LF 1,932 $ 95.00 183,540.00 Wet Barrel Fire Hydrant Ass'y w/ GV & Tee EA 7 $ 3,600.00 $ 8" Gate Valve 25,200.00
EA 4 $ 1,500.00 $ 6,000.00
8" Miscellaneous fittings EA 13 $ 180.00 2,340.00
Adjust Valve Cans to Finish Street Grade EA 11 $ 206.00 2,266.00 Water Service Laterals with Meter Box (no
meter) LOT 58 $ 465.00 $ 26,970.00
Connect to existing LOT 1 $ 4,500.00 4,500.00
Remove and replaced pavement SF 100 13 $ 1,300.00
TOTAL OF WATER IMPROVEMENTS $
252,116.00
2 OF 4
Owner: NCP Verano, LLC COST ESTIMATE DATE:8/15/2023
690 E Green St., Ste. 200
Pasadena, Ca 91101 Engineer: Fuscoe Engineering, Inc
(323)874-8000 2850 Inland Empire Blvd., Ste. B
Ontario, Ca 91754
(909)581-0676
SEWER IMPROVEMENTS
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Sewer Improvements
8" PVC(SDR 35) Main pipe LF 1,526 $ : 42.00 I$ 64,092.00 6" PVC(SDR 35) Lateral pipe 266 $ 38.00 $
4' Manholes 17 10,108.00
EA 4,000.00 $ 68,000.00
Sewer Cleanout EA 13 275.00 $
3,575.00
Adjust Manholes to Finish Street Grade EA 17 $ 800.00 $ Sewer Service Laterals (pipes & cleanout) 13,600.00
LOT 58 $ 800.00 $ 46,400.00
Remove and replaced pavement 200 13 $ 2,600.00
TOTAL OF SEWER IMPROVEMENTS $ 208,375.00
STREET IMPROVEMENTS
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Street Improvements
3"A.C. (77,120sf)-140lbs/cu.ft. TON 1,359 $ 93.00 $ 126,387.00 Aggregate base (Local/Alley/DWAY - 6"Thk &
Parking 4.5"Thk. CY 1,402 $ ' 72.00 $ 100,944.00
6" Curb LF 3,510 I$ 18.00 $ 63,180.00
6" Curb & Gutter LF 1,564 I$ 28.00
$ 43,792.00
Rolled Curb LF 400.00 $ 28.00 $
11,200.00
4' Ribbon Gutter SF 6,400 $ 9.50 I$
4" Thk × 5'w Sidewalk 60,800.00
SF 11,310 $ 8.00 $ 90,480.00
Local Depression EA 2 $ 5,000.00 $ 10,000.00
TOTAL OF STREET IMPROVEMENTS $ 506,783.00
PRIVATE STORM DRAIN IMPROVEMENTS
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Street Improvements
24" SD HDPE LF 143 105.00
$ 15,015.00
18" SD HDPE LF 59 $ 80.00 $ 4,720.00
Catch Basins W=21' EA 1 $ 25,000.00 25,000.00
Catch Basins W=14.9' EA 1 $ 10,000.00 10,000.00
3.5'x4'SD Manhole EA 2 $
10,600.00
Concrete Headwall Outlet Structure EA 1 $
3.3' thk riprap 1/4 ton 8,000.00
CY 470 $ 37,600.00
g" Thk. 1" Crush Rock Filter CY 112 $ 8,960.00
30F4
Owner: NCP Verano, LLC COST ESTIMATE
DATE:8/15/2023
690 E Green St., Ste. 200 Engineer: Fuscoe Engineering, Inc Pasadena, Ca 91101
(323)874-8000 2850 Inland Empire Blvd., Ste. B
Ontario, Ca 91754
TOTAL OF PRIVATE STORM DRAIN (909)581-0676
IMPROVEMENTS $ 119,895.00
SUMMARY
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Construction Costs
Public Street Improvements
33,486.00
Grading 86,441.00
Water
252,116.00
Sewer
208,375.00
Street.
506,783.00
Storm Drain
119,895.00
Subtotal of All Construction Costs 1,207,096.00
10% Contingency 120,709.60
Total of All TM 31724 Construction Costs $ 1,327,805.60 4 OF 4
IRVINE
NFUSCOE SAN DIEGO
ENGINEERIN
LOS ANGELE
July 12, 2023
City of Cathedral City
Engineering Department
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: David R. Faessel, delegated by the City Engineer Subject: Monumentation Bond Estimate for Tract No. 37124 Project No.: 4090-002
This letter is to state that Fuscoe Engineering, Inc., estimates the cost to set the deferred monuments for the boundary corners and lot corners on the above referenced map is $10,000. Please use this amount for any monumentation bond that your Agency may require.
Submitted for your review and approval.
Sincerely, LAND SURD 0003030:
FUSCOE ENGINEERING, INC. TROY
3CO063S033E5 *STATE No. 7854 CALTFORNLA
Op
Kurt R. Troxell, L.S. 7854
Senior Mapping Manager
15535 Sand Canyon, Suite 100, Irvine, California 92618 | 949.474.1960 fuscoe.com