AGREEMENT FOR PUBLIC IMPROVEMENTS
FOR TENTATIVE TRACT MAP 36821, DWG# 16-001S
Non-Master Plan Off-Site Improvements
This Agreement is made and entered into as of this 20th day of April 2022, by and between the City of Corona, a municipal corporation (hereinafter referred to as “City”), and Junfei Dai, a single man, with its principal offices located at, 14545 Viva Drive, Eastvale, CA, 92880 (hereinafter referred to as “Developer”).
WITNESSETH:
FIRST: Developer, for and in consideration of the approval by the City of the final map of that certain land division, or that certain other land development project, known as TTM 36821 and more particularly described in Exhibit "A" attached agrees, at Developer's own expense, to furnish all labor, equipment and material necessary, and within FORTY-EIGHT (48) months from the date of this Agreement, to perform and complete in a good and workmanlike manner, all of the required improvements in accordance with those improvement plans for said project which have been approved by the Public Works Director, and are on file in the office of the City Clerk, and to do all work incidental thereto in accordance with the standards set forth in City ordinances and regulations, and pay all costs of engineering necessary in connection therewith, which are expressly made a part of this Agreement. All of the above-required work shall be done under the inspection of and to the satisfaction of the Public Works Director, and shall not be deemed complete until approved and accepted as complete by the City.
The Developer shall ensure that all employees or contractors completing the work and improvements in connection with this agreement have all licenses, permits, qualifications, acceptable insurance as required by the City and approvals from the City necessary to perform their respective work and that such requirements are maintained throughout the term of this agreement or any extensions thereto. Developer further agrees to guarantee the improvements for a period of one year following acceptance by the City and agrees during this one year period to repair and replace, to the satisfaction of the Public Works Director, any defective work or labor done or defective materials furnished. Developer shall complete the improvements in accordance with Section 66462, Government Code. Developer shall also complete any offsite improvements required as a condition of approval for the project and with plans approved by the Public Works Director at such time as the City acquires an interest in the land which will permit such improvements to be made, and the Developer waives the 120 day time limitation set forth in Section 66462.5, Government Code. The estimated cost of bonds for said work and improvements is the amount of Five Hundred Forty-One Thousand Dollars and No Cents ($541,000.00) The work and improvements covered by this agreement may also include items in addition to those listed in Exhibit “B” if additional work or improvements are deemed necessary to protect public health or safety.
SECOND: Developer agrees to pay to the City the actual cost of such inspection of the work and improvements as may be required by the Public Works Director. Developer further agrees that, if suit is brought upon this Agreement or any bonds guaranteeing the completion of the improvements, all costs, expenses and fees, including attorney’s fees, incurred by the City in enforcing such obligations shall be paid by Developer and guaranteed by the surety in addition to the face amount of the security, and that, upon entry of judgment, such costs, expenses and fees shall be included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, except for its or their sole negligence, be liable or responsible for any accident, loss or damage happening or occurring to the improvements prior to the completion and approval thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the construction of the improvements, and all of said liabilities are assumed by Developer.
Developer agrees to defend, indemnify and hold harmless City and its officers and employees thereof from all loss, including attorney’s fees, liability or claim because of, or arising out of the acts or omissions of Developer, its agents and employees, in the performance of this Agreement, or arising out of the use of any patent or patented article in the performance of this Agreement
FOURTH: Developer hereby grants to the City and any authorized agent or employee of the City, the irrevocable permission to enter upon the project for the purpose of completing the improvements. This permission shall terminate in the event that the Developer has completed construction of the improvements within the time specified or any extension thereof granted by the City.
AGREEMENT FOR SURVEY MONUMENTATION
TENTATIVE TRACT MAP 36821
This Agreement is entered into as of this 20th day of April 2022, by and between the City of Corona, a municipal corporation (hereinafter referred to as "City") and Junfei Dai, a single man, with its principal office located at 14545 Viva Drive, Eastvale, CA, 92880 (hereinafter referred to as "Developer").
WITNESSETH:
FIRST: Developer, for and in consideration of approval of TTM 36821 (hereinafter referred to as TTM 36821 map”) has submitted to the City for its approval and subsequent recordation a map prepared by Sake Engineers, containing property monuments in accordance with Section 66495 of the Subdivision Map Act.
SECOND: Developer now desires to record said TTM 36821 prior to having interior monuments set for said TTM 36821 Map, and in consideration has instructed to certify on said TTM 36821 Map that monuments will be set within ONE YEAR after recordation of TTM 36821 Map. Furthermore, Developer has agreed to provide security guaranteeing the payment for the cost of setting such monuments in accordance with Section 66496 of the Subdivision Map Act.
THIRD: Developer and City desire to enter into this Agreement for the furnishing of security for the setting of monuments in performance of this Agreement. Upon the execution of this Agreement, Developer shall provide City with a surety bond in the amount of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) to guarantee the faithful performance of all of the provisions of this Agreement. The surety shall have a current A.M. Best's rating of no less than “A”, shall be licensed to do business in California, and shall be satisfactory to the City. Upon request of the City, the amount of the bond shall be subject to adjustment at the sole and absolute discretion of the City if the estimated cost for the setting of monuments changes. As part of the obligation secured by the surety and in addition to the face amount of the bond, the surety shall also secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. These expenses, fees and costs shall be taxed as costs and included in any judgment rendered. The surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of this Agreement shall in any way affect its obligation on the bond. In addition, the surety waives notice of any change, extension of time, alteration or addition to the terms of this Agreement.
FOURTH: The City may, either before or after the expiration of the time provided above and in its sole and absolute discretion, provide Developer with additional time within which to insure setting on monuments as required above. It is understood that by providing security for this Agreement, Developer's surety consents in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). The granting of an extension of time by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the monuments were to have been completed hereunder