CITY OF CATHEDRAL CITY
IMPROVEMENT AGREEMENT
for
Design Review DR 23-003 and Specific Plan No. 99-58A
DATE OF AGREEMENT: May 28, 2026
NAME OF DEVELOPER: DATE PALM AND ROSEMOUNT REALTY, LLC. a Delaware Limited Liability Company
(REFERRED TO AS "DEVELOPER")
NAME/NUMBER OF USE PERMIT: DESIGN REVIEW DR 23-003, AND UPTOWN VILLAGE SPECIFIC PLAN NO. 99-58a
(REFERRED TO AS "DR 23-003)
DESIGN REVIEW AND SPECIFIC PLAN AMENDMENT APPROVED BY CITY COUNCIL ON SEPTEMBER 11, 2024
EST. TOTAL COST OF EST. TOTAL COST OF EST. TOTAL COST OF MAP PUBLIC IMPROVEMENTS: PRIVATE IMPROVEMENTS: MONUMENTATION:
$ 440,600.00 N/A N/A
(see Exhibit B) (see Exhibit B)
SURETY COMPANY: Crum & Forester
BOND NUMBERS: 6213049965, 6213049974 and 6213049983
LETTER OF CREDIT NUMBERS: N/A
FINANCIAL INSTITUTION: N/A
This Improvement Agreement (the "Agreement") is made and entered into by and between the City of Cathedral City, a California municipal corporation, hereinafter referred to as "CITY", and Date Palm and Rosemount Realty, 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
DEVELOPER has presented to CITY an application for the construction of a commercial building, (hereinafter "DEVELOPMENT"), on property located on the east side
of Date Palm Drive, north of McCalium Way, which property is described in the legal description attached hereto as Exhibit "A", and submitted an application for approval of a Design Review under DR 23-003, as required by CITY's Zoning Code and ordinances.
B. The City Planning Commission (the "Commission") reviewed the application and approved DR 23-003, subject to conditions contained in the Staff Report and Conditions of Approval for DR 23-003, dated September 11, 2024, (the "Conditions of Approval"), as approved by the City Pianning Commission, and applicable City codes and laws. The Staff Report and the Conditions of Approval are incorporated into this Agreement by this reference as if set forth fully herein.
C. The Conditions of Approval require that prior to the issuance of an Encroachment Permit for the construction of the public improvements required by the Conditions of Approval, the DEVELOPER shall enter into a performance agreement with the CITY, secured with sufficient improvement securities (the "Improvement Securities") to guarantee the construction and completion of all work required to improve, widen, and reconstruct the easterly side of Date Palm Drive along the Date Palm frontage of the DEVELOPMENT, and to complete the construction of all such improvements and conditions prior to the issuance of a Certificate of Occupancy by the City for any building constructed on the property as described in Exhibit "A".
D. In consideration of the approval of Design Review DR 23-003 and the issuance by the CITY of an Encroachment Permit for the public improvements, and the City issuance of a Certificate of Occupancy when all on-site building and site improvements have been completed by the DEVELOPMENT, DEVELOPER desires to enter into this Agreement, whereby DEVELOPER promises to install and complete, at DEVELOPER's own expense, all the public improvements and related work on Date Palm Drive required by the Conditions of Approval and the CITY in connection with the DEVELOPMENT (the "Improvements"). DEVELOPER has secured this Agreement with Improvement Securities as required by the Conditions of Approval and as approved by the City Attorney.
E. Street Improvement Plan Date Palm Drive Self Storage COA# 23-003 dated 5/6/202 (the "Plans") for the construction, installation, and completion of the Improvements on Date Palm Drive have been prepared by DEVELOPER and approved by the City Director of Public Works. The Plans are on file in the Office of the Director of Public Works 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 the Improvements as approved by the Director of Public Works.
F. A description of the Improvements on Date Paim Drive and an estimate of the cost for construction of the Improvements according to the Plans has been made and approved by the Director of Public Works. The estimated cost of these Improvements is set forth in Exhibit "B" to this Agreement, which is attached hereto 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 this estimate.
G. DEVELOPER recognizes that by CITY approving DR 23-003 and issuing building permits for the DEVELOPMENT, CITY has conferred substantial rights upon DEVELOPER, including the right to sell, lease, or finance the entitled property, and to improve the property by the construction of buildings and related improvements. As a result, CITY will be damaged to the extent of the cost of installation of the Date Palm Drive Improvements by DEVELOPER's failure to perform its obligations under this Agreement, including, but not limited to, DEVELOPER's obligation to timely prosecute and complete construction of the Improvements on Date Palm Drive required by the Conditions of Approval within the time limits established in this Agreement. CITY shall be entitled to ail remedies available to it under this Agreement and at law or in equity in the event of a default by DEVELOPER.
NOW, THEREFORE, in consideration of the approval of DR 23-003, the issuance of an Encroachment Permit for the public improvements, and the CITY's expected issuance of a Certificate of Occupancy, the DEVELOPER and CITY agree as follows:
DEVELOPER's Obligation to Construct Improvements.
a. In constructing and instailing the Improvements, DEVELOPER shall comply with all the requirements of the Conditions of Approval; any amendments to the Conditions of Approval authorized by the CITY and the provisions of applicable City and State codes and laws;
b. DEVELOPER shall complete at DEVELOPER's own expense, all the Improvements and related work on Date Palm Drive as required in the Conditions of Approval and in conformance with approved Plans and CITY standards, including without
limitation: the widening of Date Palm Drive along the frontage of DEVELOPMENT, including but not limited to demolition of existing curbs, sidewalks and parkway improvements, installation of new curb and gutter, turn pockets, driveway, transition lanes, paving, sidewalks, street lights, street striping and traffic control, sewer and water connections, fire hydrants, and all related appurtenances, and all other improvements described in this Subsection 1 (b) and in Exhibit "B", within eighteen (18) months years of the CITY's issuance of an Encroachment Permit for the public improvements on Date Palm Drive, or the date of execution of this Improvement Agreement, whichever date is the latest.
Notwithstanding the above, all such improvements shall be completed prior to the issuance by City of a Certificate of Occupancy for any building constructed on the property described in Exhibit "A", or for any Temporary Certificate of Occupancy for any such building.
It is understood by the Parties hereto that temporary approval by the CITY for use of utilities in the buildings for the purposes of testing equipment and/or mechanical systems shall not constitute a Temporary Certificate of Occupancy (TCO) or evidence of completion of building improvements or their suitability for commercial use and occupancy.
C. DEVELOPER shall diligently prosecute construction of the Improvements and complete same by the deadlines stated in Subsection 1(b) unless a time extension is granted by the CITY as authorized in Section 19 of this Agreement.
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 CITY as required by the Conditions of Approval and applicable State and local laws, on forms approved by CITY for the purposes and in the amounts as follows:
Four Hundred Forty Thousand Six Hundred dollars ($ 440,600.00) in the form of a performance bond 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 Improvements (and contingencies) as set forth in Exhibit B: and
(ii) Two Hundred Twenty Thousand Three Hundred dollars ($220,300.00) in the form of a labor and material bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Improvements required to be constructed or installed pursuant to the Agreement ("Labor & Materials Security"), which amount is 50% of the estimated cost of the Improvements; and
(Ill) Forty Four Thousand Sixty doliars ($ 44,060.00) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the work done pursuant to this Agreement for a period of one (1) year following acceptance 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 acceptance of the public improvements or release of any Improvement Securities filed with this Agreement.
(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 Sectior: 2 or referenced on Page One (1) of this Agreement, are incerporated 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) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City in accordance with the terms of this Agreement. 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.
3. Alterations to Improvement Plans.
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 ard DEVELOPER, shall not relieve or release the Performance Security given by Developer 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. b. The DEVELOPER shall construct the Improvements in accordance with the CITY standards in effect at the time of approval of DR 23-003 as reflected in the Plans approved by the City. CITY reserves the right to modify the standards applicable to the DEVELOPMENT and this Agreement, when necessary to protect the public safety or welfare or 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, CITY may apply the standards in effect at the time of the extension.
4. Inspections.
DEVELOPER shail 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.
Upon completion of the Improvements covered in this Agreement, the DEVELOPER may request a final inspection by the City Director of Public Works or his authorized representative.
If the Director or his/her authorized representative, determine that the Improvements have been completed in accordance with this Agreement, then the Director shall: certify the completion of the public improvements; place an item on the next most convenient Council agenda seeking
formal acceptance of the Improvements and release of Improvement Securities; and authorization to file a Notice of Completion. Said determination by the Director of Public Works and agendization of the acceptance and release shall not be unreasonably withheld or delayed.
No Improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans, CITY standards, and the Conditions of Approval. DEVELOPER shall bear all costs of inspection and certification.
5. Release of Securities
a. The Performance Security shall be released upon the final completion and acceptance of the Improvements by the City Council subject, to the provisions of Subsection (a)(i) and (a)(i) hereof. Upon final completion of all Improvements under this Agreement, and after City Council acceptance, the CITY shall file a Notice of Completion in accordance with California Civil Code.
(i). The Director of Public Works may release a portion of 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%) percent 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 security to an amount less than twenty percent (20%) of the estimate of the total amount of work to be done as shown in Exhibit "B". CITY and DEVELOPER agree that not more than one request for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance of the Improvements by the CITY.
(ii) In no event shall the Director of Public Works 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 by this Agreement.
Labor and Materials Security shall, ninety (90) days after the CITY's recordation of the Notice of Completion described Subsection 5(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 Director of Public Works 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 and 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 and Materials Security shall be released in full.
C. Warranty Security shall not be released until after the expiration of the one (1) year warranty period and until any claims filed during the warranty period have been settled.
As provided in Paragraph 9, the warranty period shall not commence until final acceptance of all the work and Improvements by the City Council.
The CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
6. Injury to Public Improvements, Public Property or Public Utilities Facilities DEVELOPER shall replace or have replaced, or repair or have repaired, as the case may be, any and all public or private improvements, public utilities facilities and survey monuments which are destroyed or damaged as a result of any work under this Agreement. DEVELOPER shall bear the entire cost of repiacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done 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 of Public Works and the owner of any such public or private improvement.
Z. Permits
DEVELOPER shall, at DEVELOPER'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 DEVELOPER.
a. Default of DEVELOPER shall include, but not be limited to: DEVELOPER's failure to timely complete construction of the Improvements; DEVELOPER's failure to timely cure any defect in the Improvements; DEVELOPER's failure to perform substantial construction
work for a period of 20 calendar days after commencement of the work; 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 30 days; the commencement of a foreclosure action against the DEVELOPMENT or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; DEVELOPER's failure to keep the Improvement Securities in full force and effect; or the failure of DEVELOPER or DEVELOPER'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 Director of Public Works or 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 defauit to the satisfaction of CITY within the cure period specified in Subsection 8(b), the Director of Public Works or the City Council may serve notice of DEVELOPER's default upon DEVELOPER and DEVELOPER'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 8(c), DEVELOPER's Surety shall have the duty to take over and complete the Improvements and 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 CITY written notice of its intention to take over the performance 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.
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. f. Failure of DEVELOPER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the real property and buildings in the DEVELOPMENT, or to rescind the approval of DR 23-003. 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 at the discretion of CITY. g. In the event that DEVELOPER fails to perform any obligation hereunder, DEVELOPER agrees to pay all costs and expenses 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 constitute a waiver of that default or breach, or of any subsequent default or breach of DEVELOPER.
9. Warranty
a. For a period of one (1) year after final acceptance by the City Council of the work and Improvements, DEVELOPER shall guarantee or warranty the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work or Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, instailed 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, at CITY's option, 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.
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 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, employees, or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement.
11. Injury to Work
Until such time as the 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 the 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 work or Improvements specified in this Agreement prior to the completion and acceptance of the work or Improvements by the 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, if any, or from entering into agreements with other developers or subdividers.
13. DEVELOPER 's Obligation to Warn Public During Construction Until final acceptance of the Improvements, 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 work and Improvements on behalf of the CITY, and after recordation of the Notice of Completion, ownership of the public Improvements constructed on Date Palm Drive pursuant to this Agreement shal! vest in CITY.
15. Final Acceptance of improvements
Acceptance of the Improvements on behalf of CITY shall be made by the City Council upon recommendation of the Director of Public Works after final completion and inspection of all Improvements as described in Section 1 of this Agreement. Such acceptance shall not constitute a waiver of any defects by CITY.
16. Indemnity/Hold Harmless
a. Neither the CITY, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss, or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. DEVELOPER shall indemnify, hold harmless and defend the CITY, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to DEVELOPER's performance under this Agreement.
b. DEVELOPER's indemnity and hoid harmless obligations under this Section 16 are not conditioned or dependent upon whether the CITY, or its officers, agents and employees, prepared, supplied or reviewed any Improvement 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 the CITY shall extend to injuries to persons and damages to or alleged taking of property resulting from
the design or construction of Improvements, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the DEVELOPER's design ur construction of public drainage systems, streets, and other public facilities or improvements. The CITY's acceptance of the Improvements shall not constitute an assumption by the 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 the CITY over the written objection of the DEVELOPER, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After CITY's acceptance of the Improvements, the DEVELOPER shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that the DEVELOPER shall not be responsible for routine maintenance. DEVELOPER's obligations hereunder shall remain in effect for ten (10) years following acceptance of the Improvements by the CITY Council. 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 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. The DEVELOPER's Improvement Securities shall not be required to secure the DEVELOPER's obligations under this Subsection (c) beyond the one-year guarantee and warranty period.
To the extent that this Agreement constitutes a construction contract pursuant to Civil Code section 2783, DEVELOPER's duty to indemnify, hold harmless an defend the CITY pursuant to this Section shall not apply to liability arising from the sole or active negligence or willful misconduct of the CITY.
17. Sale or Disposition of DEVELOPMENT
Sale or other disposition of the DEVELOPMENT or the parcel on which the DEVELOPMENT is being constructed will not relieve DEVELOPER from the obligations set forth in this Agreement. If DEVELOPER sells the DEVELOPMENT, the property or any portion thereof to any other person or party, the DEVELOPER shall request a novation of this Agreement and a substitution of Improvement Securities by the new buyer. Upon approval of the novation by CITY and substitution of Improvement Securities, the DEVELOPER may request a release or reduction of the Securities required by this Agreement. Nothing in the
novation shall relieve the DEVELOPER of the obligations under any other Section of this Agreement for work or improvements performed by DEVELOPER prior to the novation.
18. Time of the Essence
Time is of the essence of this Agreement.
19. Time for Completion of Improvements: Extensions.
a. DEVELOPER shall commence and diligently prosecute to completion construction of the Improvements required by this Agreement. In the event good cause exists as recommended by the Director of Public Works, and approved by the City Manager, the time for completion of the improvements as specified in Subsection 1(b) of this Agreement may be extended, provided the DEVELOPER submits the extension request to CITY's Director of Public Works in writing prior to the expiration of the time period specified in said Subsection 1(b). Any such extension granted shall be subject to the limitations set forth in Subsection 19 (c) and shall be made by a written Amendment to this Improvement Agreement, executed by the City Manager in a form as approved by the City Attorney. b. Any such extension may 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. 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 by an act of God, which DEVELOPER could not have reasonably foreseen, or by storm or inciement 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.
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 Public Works.
20. No Vesting of Rights.
This Agreement shall not be construed to vest DEVELOPER'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 the City:
Notice to CITY: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attr: City Manager
With a Copy to: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: Director of Public Works
Notice to DEVELOPER: Date Palm and Rosemount Realty, LLC 7007 Romaine Street
Suite 101.
Los Angeles CA 90038.
Attn: Jason Borg
With a Copy To:
Notice to Surety: Crum & Forster
305 Madison Avenue
Morristown, NJ 07960
22. Severability.
The provisions of this Agreement are severable. 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 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) 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:
(i) Commercial General Liability policy with a minimum combined single limit of Two Million Dollars ($2,000,000) for each occurrence and Four Million Dollars ($4,000,000) 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, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury
(i) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of Two Million Dollars ($2,000,000) per occurrence, combined single limit, covering any vehicle utilized by Developer, its officers, agents, empioyees, 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 $2,000,000 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.
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 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 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 DR 23-003.. 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 subcontraciors 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 Deveioper'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 againsi 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 Encroachment Perrits 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 24, the City requires and shail 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.
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 in 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.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California
29. Authority of Executing Parties.
The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
EXHIBIT " A'
EGAL DESCRIPTION OF PROPERTY
PARCEL "A":
A PORTION OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO
MERIDFIAN, BEING THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF
CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTERS FARCEL 4E PARCEL MAP NO. 35032 FILED IN BOOK 234, PAGES 13 THROUGH 15, INCLUSIVE, OF PARCEL MAPS, IN THE OfFice of THe COUNTY RECORDER OF SAID RIVERSIDE COUNTY.
CONTAINING 17,796 SQ. FT., OR 0.41 ACRES, MORE OR LESS.
PARCEL "B":
A PORTION OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO
MERIDFIAN, BEING THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF
CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 4 AND PARCEL 9 OF PARCEL MAP NO. 35032 FİLED IN BOOK 234, PAGES 13 THROUGH 15, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY.
TOGETHER WITH PARCEL "B" OF LOT LINE ADJUSTMENT NO. 2014-477, RECORDED OCTOBER 7, 2014, AS DOCUMENT NO. 2014-0382265, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.
EXCEEPTING THE NORTHERLY 127.55 FEET OF SAID PARCEL 4.
CONTAINING 121.582 SO. FT. OR 2.79 ACRES, MORE OR LESS.
ASSESSOR PARCELS 670-110-053, 056, 057, & 058
EXHIBIT "B"
Estimated Costs of Public Improvements for DR 23-003
The following cost amount summaries are based upon costs in the Engineer's Cost Estimates or Improvements in Design Review DR 23-003, dated April 10, 2026, prepared by Austin J Alarcon, P.E., attached hereto as Exhibit "B-1".
1. Grading: $ 12,670
2. Off-site (public) improvements: 243,700
3. Storm Drain: 2,500
4. Signing. Striping: 6A 6A CA EA CA 1,185
5. Other Items (excluding street trees) 5.432
6. Water improvements: 105,550
7. Sewer improvements: $ 12,080
8. Landscaping (not included)
Subtotal:
$ 87.417 57,467
Contingencies @ 15%:
Total: • 440,58.
Rounded Total: • 440,60l
IMPROVEMENT SECURITY SUMMARY:
PUBLIC IMPROVEMENTS:
FAITHFUL PERFORMANCE BOND,
At 100% of public and private improvements: $ 440,600
PAYMENT BOND (LABOR & MATERIALS),
At 50% of public and private improvements: $ 220,300
WARRANTY BOND, at 10% of total, posted at
Acceptance of improvements: $ 44,060
EXHIBIT "B-1"
ENGINEER'S COST ESTIMATES
CATHEDRAL CITY
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Cathedral City Phone: 760-770-0340 Fax: 760-202-1460
PARCEL MAP OR TRACT MAP NO. 35032 DATE: 4/10/26
CUP/DR NO. BY: AJA
IMPROVEMENT
DEVELOPER TERRACE GROUP HOLDINGS OWNER: TERRACE GROUP HOLDINGS TELEPHONE # 925-965-0599 FAX#:
ESTIMATED COST OF IMPROVEMENTS
Street/Drainage/Grading $ 269,268
*Flood Control $
Water $ 105,550
Sewer $ 12,080.00
*Food Control Construction Estimate to be approved By isi Coitri Disti. Provide copy ofF: .D. lifer proving cost estimalis.
DESIGN ENGINEER'S CALCULATION 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 extensions, using the City of Cathedral City unit costs are accurate for determining bonding costs.
4/10/26
Signature Date
AUSTIN ALARCON 98017 9/30/27 STATE CY CAT FORME
Name Typed or printed RCE# Exp. Date Civil Engineer's Stamp ****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 DATE PALM DRIVE SELF STORAGE DATE 4/10/26
STREET MAINTENANCE
GRADING
QUANTITY UNIT ITEM UNIT COST AMOUNT
0.22 Acre Clearing and Grubbing $ 2,000.00 $ 440.00
287 Cut 25.00$
7,175.00
75| C.Y. Fill 25.00 $
1,875.00
212 C.Y Net Import/Export for Trucking Costs 15.00 $
3,180.00
SUBTOTAL $ 12,670.00
STREET IMPROVEMENTS
463 L.F. Sawcut Existing A.C. Pavement 1.50$
694.50
12,401 S.F. Cold Plane A.C. Overlay (Joining Ex. Pavement) $ 4.00 I$ 49,604.00
1,378 S.Y. Grinding A.C. in place $ 3.00 I$ 4,134.00
1,345 S.Y. Remove A.C. Pavement $ 2.00 $
2,690.00
337 L.F. Remove Curb and Gutter $ 15.00 $
5,055.00
L.F Remove A.C. Dike $ 3.50 $
319 S.F. Remove Sidewalk $ 12.00 $ 3,828.00
L.F Remove Chain Link Fence $ 8.00 $
L.F. Remove Barricade 15.00 $ :
644 S.F. Remove Cross Gutter and Spandrel $ 5.00 $ 3,220.00 Asphalt Concrete: AC volume in Cubic Feet is
converted to Tons, based on AC unit wt. of 144
LBS/CF (#SF) x ( #FT) = (#CF)
325 (#CF) × (144 LBS/CF) + (2,000 LBS/TON)= $ 105.00 $
34,125.00
253 C.Y. Aggregate Base (Class Il) $ 55.00 $ 13,915.00
L.F. Curb and Gutter (Type A-6) $ 40.00 $
341 L.F. Curb and Gutter (Type A-8) $ 45.00 $ 15,345.00 L.F. Type "W" (Wedge) Curb $ 40.00 $
L.F. Type "D" Curb $ 35.00 $
L.F. A.C. Dike (6") $ 20.00 $
L.F. A.C. Dike (8"') $ 25.00 $ 150.00
S.F. P.C.C. Cross Gutter and Spandrels 20.00 $ 15,100.00 S.F. P.C.C. Sidewalk 12.50 $ 41,375.00
S.F. P.C.C. Drive Approach $ 15.00 $ 14,865.00
S.F. P.C.C. Dip Section, Std. No. 307 $ 20.00 $
EA. Curb Ramp $ 10,000.00 $ 10,000.00
C.Y. Structural Reinforced Concrete (e.g. Rei. & Wing Wall $ 1,500.00 $ L.F. Barricade, Std. No. 810 $ 120.00 $ :
•
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT DATE PALM DRIVE SELF STORAGE DATE 4/10/26
STREET IMPROVEMENTS (CONTINUED)
EA. Metal Beam Guard Rail End Treatment 5,000.00 $
L.F. Utility Trench, one side (Edison, Telephone, $ 12.00 $ 237000 L.F. Construction Chain Link Fence ( 6' ) $ 30.00 $
L.F. Relocate Fence 40.00 $
EA. Access Gate 2,500.00 $ ...
EA. Relocate Power Distribution Pole $ 160,000.00 $
Relocate Power Transmission Pole $ 200,000.00 $
Street Lights (including conduit 5,900.00 $ 5,900.00
SUBTOTAL $ 243,700.50
STORM DRAIN
Concrete Bulkhead 2,500.00 $
Pipe Slope Anchors $ 400.00 $
C.Y. Cut Off Wall $ 500.00 $
Curb Inlet Catch Basin Std. No. 300 S 9,000.00 $
EA. Curb Inlet Catch Basin Std. No. 301 $ 9,000.00 $
EA. Curb Inlet Catch Basin Std. No. 302 $ 9,000.00 $
1 EA. Under Sidewalk Drain Std. No. 309 $ 2,500.00 $
2,500.00
EA. Flat Outlet Drainage Structure Std. No. 303 $ 2,500.00 $ EA. Curb Outlet Drainage Structure Std. No. 308 $ 9,000.00 EA. Private Drainage Structure Std. No. 310 $ 700.00
S.F. Terrace Drain & Down Drain $ 10.00
S.F. Interceptor Drain $ 10.00 $
C.Y. R.C. Box Culvert $ 1,500.00
C.Y. Concrete Channel $ 550.00
C.Y. Ungrouted Rip Rap (1/4 Ton) Method B 110.00 $
CA 69
C.Y. Grouted Rip Rap (1/4 Ton) Method B 130.00 $
L.F. 8" A.D.S. Pipe $ 40.00
L.F. 12" A.D.S. Pipe 50.00
L.F 18" A.D.S. Pipe S 60.00
L.F. 24" A.D.S. Pipe 70.00 $
L.F. 30" A.D.S. Pipe 80.00 $
L.F. 36" A.D.S. Pipe 90.00 . '
$
L.F. 48" A.D.S. Pipe 100.00 $
L.F. 54" A.D.S. Pipe 110.00 $
-
L.F. 60" A.D.S. Pipe 120.00 $
L.F. 12" R.C.P. 80.00 $
•
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT _DATE PALM DRIVE SELF STORAGE DATE 4/10/26
STORM DRAIN (CONTINUED)
18" R.C.P. Or Arch 21" × 15" R.C.P. 120.00 $ -
24" R.C.P. Or Arch 28" × 20" R.C.P. 150.00 $
30° R.C.P. Or Arch 35" × 24" R.C.P 180.00 $ :
36" R.C.P. Or Arch 42" × 29" R.C.P 63 49 6A 19 69 69 1A S 260.00 $ 42" R.C.P. Or Arch 4g" × 33" R.C.P. 350.00 $
48" R.C.P. Or Arch 57" x 38" R.C.P. 430.00 $ :
54" R.C.P. Or Arch 64" x 43" R.C.P. 550.00
60" R.C.P. Or Arch 71" x 47" R.C.P 600.00
18" C.S.P., H.D.P.E., Or Equal $ 80.00
$ 140.00
30" C.S.P., H.D.P.E., Or Equal 180.00 $
36" C.S.P., H.D.P.E., Or Equal 250.00 $
300.00 $
48" C.S.P., H.D.P.E., Or Equai 360.00
54" C.S.P., H.D.P.E., Or Equal 69 69
400.00
60" C.S.P., H.D.P.E., Or Equal 480.00 $
Catch Basir: W=4' 2,800.00
Catch Basin W=7' 5,000.00
Catch Basin W=14' 69 49 6 68
10,000.00
Catch Basin W=21' 15,000.00
Catch Basin W=28 $ 20,000.00 $
Type IX Inlet 3,000.00 $
Type X Iniet 3,000.00
Junction Structure No. 1 3,800.00
Junction Structure No. 2 3,800.00
Junction Structure No. 6 $ 4,500.00
Transition Structure No. 1 $ 15,000.00 $
Transition Structure No. 2 15,000.00 $
Transition Structure No. 3 3,500.00 $ -
Manhole No. 1 $ 3,500.00 $
Manhole. No. 2 $ 4,000.00 $
Manhole No. 3 $ 3,500.00 $
-
Manhole No. 4 $ 6,000.00 $
EA. Adjust Water Valve to Grade ( if no water plan ) $ 1,500.00 $ -
EA. Adjust Sewer Manhole to Grade ( if no sewer plan $ 2,000.00 $ -
L.S. WQMP Facilities $ 5,000.00 $
L.S. Detention Basin $ 3,000.00 $
EA. Discharge Pumps $ 1,900.00 $
EA. Drywell (Conventional) 9,000.00 $ :
SUBTOTAL $ 2,500.00
•
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT DATE PALM DRIVE SELF STORAGE DATE 4/10/26
SIGNING, STRIPING AND SIGNALS
S.F. Remove Traffic Stripes and Paint Markings $ 2.00 $ EA. Remove, Sign, Salvage 150.00 $
2 EA. Reiocate Roadside Sign 6A CA 200.00 $
EA. Street Name Sign 400.00 $
Instail Sign (Strap and Saddle Bracket Method) $ 250.00 $ :
Install Sign Mast Arm Hanger Method) 500.00 $
Road Sign - One Post $ 400.00
EA. Road Sign - Two Post $ 450.00
EA. Object Marker - Modified Type "F" Delineator $ 90.00 $ EA. Delineator (Class 1 Type F) $ 60.00
EA. Delineator ( Class 2) $ 120.00 $
-
Pavement Marker, Reflective $ 5.00
-
Paint Traffic Stripe (2 Coats) $ 0.50 $
785 6" Thermoplastic Traffic Stripe 1.00 785.00
L.F. 8" Thermoplastic Traffic Stripe 1.50
S.F. i Thermoplastic Pavement Marking $ 3.00 $
Thermoplastic Cross Walk and Pavement $ 6.00 $
L.F. Red Curb within City Municipal Code § 12.32.080 $ 4.00 Traffic Control Plans $ 800.00
EA. Signal and Lighting $ 500,000.00
SUBTOTAL $ 1,185.00
LANDSCAPING AND IRRIGATION
9 EA. Street Trees (24" Box) 400.00 $
3,600.00
EA. Street Trees (15 Gailon) 150.00
EA. Street Trees (24 Gallon) 300.00 $
EA. Street Trees (36 Gallon) $ 850.00 $
25 EA. Shrub Plant Material (1 Gallon) $ 10.00 $ 250.00 8 EA. Shrub Plant Material (5 Gallon) 25.00 $ 200.00
EA. Pedestrian Walkway Lights 3,000.00 $
EA. Reduced Pressure Zone Device and Enclosure $ 2,500.00 $ 2,500.00 EA. Service Connection $ 950.00 $ 950.00
EA. Standard Meter Installation $ 6,000.00 $ 6,000.00
EA. Deletion of Existing Water Service $ 2,000.00 $
1 EA. Meter Pedestal for Irrigation System $ 1,000.00 $ 1,000.00 SUBTOTAL $ 14,500.00
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT DATE PALM DRIVE SELF STORAGE DATE 4/10/26
OTHER ITEMS
679 L.F. Remove Vertical Curb 8.00 $ 5,432.00
3 EA: Street Trees (36" Box) $ 650.00 S 1,950.00
SUBTOTAL $ 7,382.00
STREETS/ DRAINAGE/ SIGNING, STRIPING, & SIGNAL/ LANDSCAPE SUBTOTAL $ 269,267.50
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT DATE PALM DRIVE SELF STORAGE DATE 4/10/26
WATER IMPROVEMENTS
QUANTITY UNIT ITEM UNIT COST AMOUNT
25 L.F. 6" Waterline $ 35.00 $ 875.00
L.F. 8" Waterline 40.00 $
L.F. 10" Waterline 50.00$
L.F. ]12" Waterline 65.00$
L.F. 18" Waterline $ 130.00 $
L.F. 24" Waterline 145.00 $
1 EA. 6" Gate Valve 1,000.00 1,000.00
EA. 8" Gate Valve $ 1,500.00
2 EA. 12" Gate Valve $ 2,500.00 $ 5,000.00
EA. 18" Butterfly valve $ 5,300.00 $
EA. 24" Butterfly valve 10,000.00 $
EA. Fire Hydrant (6") Standard 4,000.00 $
EA. 6" Misc. Fittings 240.00 $
EA. 8" Misc. Fittings 350.00 $
4' EA. 12" Misc. Fittings $ 700.00 2,800.00
$
EA. 18" Misc. Fittings $ 1,185.00
EA. 24" Misc. Fittings 2,850.00 :
EA. Blowcffs (4") $ 3,500.00
2 EA. Service Connections 1,500.00 3,000.00
EA. Adjust Water Valve to Grade $ 350.00
EA. Relocation of Blowoff 1,500.00 $
EA. Air and Vacuum Valve. 2,500.00 $
1 EA. Tap Existing Waterline 5,000.00| 5,000.00
SUBTOTAL $ 17,675.00
OTHER ITEMS
24 L.F. 1" Copper Pipe 35.00 $
23 L.F. 1.5" Copper Pipe 45,00 $
EA. 1" Irrigation Meter 10,000.00 $ 10,000.00
EA. 1.5" Water Meter S 15,000.00 $
----- 1" Reduced Pressure Backflow Preventer 8,000.00 $ 600000
1.5" Reduced Pressure Backflow Preventer 5 10,000.00 $
6" Double Check Backflow Preventer $ 15,000.00 $ 13,00000 Connect to 12" Water Main with 12"x6" Tee 5,000.00 $ 5,000.00 --- Relocate and Upgrade Ex. Fire Detector Check 15,000.00 $ 15,000.00 EA. Relocate Ex. Water Meter and Backfiow Preventer $ 8,000.00$ 8,000.00 SUBTOTAL $ 87,875.00
WATER IMPROVEMENTS SUBTOTAL $ $ 105,550.00
CITY OF CATHEDRAL CITY
IMPROVEMENT ESTIMATE WORKSHEET
PROJECT DATE PALM DRIVE SELF STORAGE DATE 4/10/26
SEWER IMPROVEMENTS
QUANTITY UNIT ITEM UNIT COST AMOUNT
L.F. 4" P.V.C. - S.D.R. 35 - V.C.P. $ 40.00 $
6" P.V.C. - S.D.R. 35 - V.C.P. -
50.00 $
93 8" P.V.C. - S.D.R. 35 - V.C.P. 60.00 $
5,580.00
10" P.V.C. - S.D.R. 35 - V.C.P. 70000$
| 12" P.V.C. - S.D.R. 35 - V.C.P.
[15" P.V.C. - S.D.R. 35 - V.C.P. 95.00 $
18" P.V.C. - S.D.R. 35 - V.C.P. 115.00$
Standard Manhole $ 3,500.00 $
Drop Manhole 5,000.00 $
Cleanouts 1,000.00 $
1,000.00
EA. Sewer Wye 80.00 S
EA. Chimneys 550.00 $ :
EA. Adjust M.H. to grade $ 500.00 $
L.F. Concrete Encasement 50.00 $
$ $
SUBTOTAL $ 6,580.00
Connect to 8" Sewer Stub at Public Sewer Manhole 3,500.00 $ 3,500.00 1 Cap 8" VCP
2,000.00 $ 2,000.00
SUBTOTAL $ 5,500.00
SEWER IMPROVEMENTS SUBTOTAL $ $ 12,080.00
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
DEVELOPER: CITY:
DATE PALM AND ROSEMOUNT REALTY,LLC CITY OF CATHEDRAL CITY a Delaware Limited Liability Company A Municipal Corporation By: Terrace Group Holdings, LLC.,
A Delaware Limited Liability Company
Sole Member Raymond Gregory
Mayer
By:
Jason Børg, Mánager
ATTEST:
Christina Burton
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Director of Public Works
(Proper Notarization of DEVELOPER's Signature is required and shall be attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of CALIFORNIA
}
County of LOS ANGELES
On Jure 2026 before me, Zepuor Babaian Notary Public,
personaly appeared Jason. Borg
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(ies), and that by his/hør/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument.
ZEPUOR BABAIAN
Notary Public - California I certify under PENALTY OF PERJURY under the laws of Los Angeles County the State of California that the foregoing paragraph is true Commission # 2414012
and correct.
My Comm. Expires Aug 26, 2026
Witness my hand and official seal.
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document
Tie or Type of Document City at Cathedral City Impionment Agreement.
Document Date: May 28.2026 Number of Pages: 23
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer — Title(s): Corporate Officer - Title(s):
Partner • Limited • General Partner ]Limited Cl General Attorney in Fact RIGHT THUMBPRINT Attorney in Fact RIGHT THUMBPRINT Trustee OF SIGNER Trustee OF SIGNER
Guardian or Conservator Top of thumb here Guardian or Conservator Top of thumb here
Other: Other:
Signer is Representing: Signer is Representing: