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in use by the Hemet Police Department. Flock Condor cameras will also be used to support any other city department as needed.
PREVIOUS COUNCIL ACTION:
On June 27, 2023, the Hemet City Council approved the City's FY 23/24 budget. Within this budget, the Hemet Police Department included funding for the real-time crime center. This previously approved funding will be used to support this service agreement.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
The proposed agreement is for two years of Flock OS VMS services and eight Flock Condor cameras totaling $114,000. The FY 23/24 first-year costs total $60,000. Funding of $120,000 was included in the FY 23/24 Adopted Budget in account 115-3000-5400 for the Real Time Crime Center. The remaining amount of $54,000 for the second year will be included in the budget for FY 24/25 budget.
Staff is unable to predict any increases in cost that may arise from continuing this service after the initial two-year agreement. However, the cost cannot change during the term of this agreement and the Hemet Police Department will be notified by the Flock Group, Inc. of any proposed cost increase prior to entering into a new agreement or extending this one. Any proposed cost increase will be evaluated prior to accepting new terms and those increases, if any, will be weighed against the benefits of continuing the program.
Should the Hemet Police Department elect to continue with the services contained in this agreement, after the initial two-year period, any necessary funding will be requested in subsequent fiscal year budgets. Staff report(s) and resolution(s) in support of those future requisitions will be presented to the Council in a manner consistent with the Hemet Municipal Code.
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The Flock Condor camera system utilizes LTE wireless service for the transmission of data. All costs associated with this LTE wireless service are included in the quoted price of Flock Condor Cameras as noted on the first page of the attached order form; "Flock Safety Condor PTZ w/ LTE Service - Included".
The Flock Group, Inc. is the sole source for Flock OS and Flock Condor cameras.
There is no expiration date associated with this order form.
ALTERNATIVE(S):
There are two alternatives to accepting a service agreement with the Flock Group, Inc. for Flock OS and Flock Condor cameras. The first alternative is to obtain service from another vendor that does not offer all of the capabilities and benefits included in Flock Group, Inc. agreement. The second alternative is to not deploy a video management system or additional cameras to support the real-time crime center.
ATTACHMENT(S):
Attachment 1: Flock RTCC Resolution
Attachment 2 | Hemet PD x Flock - 8 Condor
Attachment 3 | Flock Safety - Sole Source 2023 (Condor & FlockOS)
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CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A Resolution of the City Council of the City of Hemet,
California, Authorizing the City Manager to Execute an
Agreement for Services Between the City of Hemet and
Flock Group, Inc. in an Amount not to Exceed $114,000
Over Two Years for Flock OS Video Management
Services and 8 Condor Cameras in Support of the Hemet
Police Department Real Time Crime Center.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet Police Department has invested in technology to increase efficiencies and organizational effectiveness; and WHEREAS, this technology includes new computer aided dispatch, records management systems, drone as a first responder program, and a network of automated vehicle license plate cameras; and
WHEREAS, police department staff was tasked with developing a plan to bring all these systems together to better deter and detect criminal activity while gathering evidence, and increasing the frequency of apprehending those responsible for committing crimes; and
WHEREAS, a real-time crime center was determined to be the best solution to accomplish these goals; and
WHEREAS, real-time crime center will require a video management system that integrates existing systems, both public and private, and allows for the incorporation of
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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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future video systems, coupled with advanced camera technology that can be monitored remotely; and
WHEREAS, any video management system and camera system for the real-time crime center should be utilized as a service that is installed and maintained by the selected vendor, includes a cloud storage solution, and the cameras are self-contained and do not require additional cabling for power or data; and WHEREAS, the Flock OS video management system and Flock Condor cameras offered through the Flock Group, Inc. meet all the above criteria; WHEREAS, the Flock Group, Inc, is the sole source provider for both Flock OS and Flock Condor cameras; and
WHEREAS, the Agreement for services between the City of Hemet and the Flock Group, Inc. to provide Flock OS video management system and eight Flock Condor cameras is for a two-year period with the first-year of services totaling $60,000 and the second-year reoccurring cost totaling $54,000 equals $114,000 for this agreement.
WHEREAS, the Hemet Police Department will assess the Flock OS and Condor camera program at the conclusion of this initial two-year agreement to determine the effectiveness of the program and evaluate the appropriateness of any change in terms to include price. Funding required to continue this program past the initial two-year agreement will be requested in subsequent fiscal year bugets.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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SECTION 2. DETERMINES - Approves the Agreement for Services between the City of Hemet and Flock Group, Inc.
SECTION 3. ORDERS - Authorizes the City Manager to execute all documents related to the Agreement.
SECTION 4. RESOLVES - This Resolution shall become effective upon its adoption.
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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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PASSED, APPROVED AND ADOPTED this 12th day of September, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of September, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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Flock Safety + CA - Hemet PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Antouan Benbalit
[email protected]
2064321524
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Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.
Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.
Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.
Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.
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Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.
The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:
California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.
Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
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Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.
Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.
Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.
Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.
Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.
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Video
Dramatically increase the effectiveness of your investment in vehicle recognition by layering live video. Live video streaming and retention provide officers more context before arriving on the scene of an incident (i.e., enhanced situational awareness) and more substantial evidence during post-incident case resolution, promoting safety and crime reduction.
Display live video streams, retain video footage, and sift through video footage from third-party and Flock Safety video cameras.
Flock Safety Wing™ Integration Flock Safety Condor™ Video Integrate third-party live video streams to bolster LPR effectiveness with situational awareness. Build better cases with a built-in video management system (VMS). Collect and manage video evidence with 7-day footage retention, instant replay, and downloadable MP4 evidence.
Access real-time and recorded video with a video-as-aservice subscription. Respond to incidents more confidently and solve more crime without managing hardware
procurement, installation, or infrastructure and IT
maintenance.
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Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.
Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.
Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.
Note: Ongoing maintenance does not apply to Falcon Flex devices.
Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
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ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: CA - Hemet PD Initial Term: 24 Months
Legal Entity Name: CA - Hemet PD Renewal Term: 24 Months Address: 445 East Florida Ave Hemet, California 92543 Payment Terms: Net 30 Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $54,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety Video Products
Flock Safety Condor ™ PTZ w/ LTE Service Included 8 Included Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Condor Professional Services - Standard
Implementation Fee $750.00 8 $6,000.00
Subtotal Year 1: $60,000.00
Annual Recurring Subtotal: $54,000.00
Estimated Tax: $0.00
Contract Total: $114,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $60,000.00
Annual Recurring after Year 1 $54,000.00
Contract Total $114,000.00
*Tax not included
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Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Condor™
Flock’s pan, tilt, zoom (PTZ) or fixed cameras which capture video footage with the option to stream live video, capture and view video recordings, and upload videos.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
Package: Elite
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.
Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.
Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.
Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
Convoy Search Identify vehicles that have been seen together so you can verify a potential accomplice and getaway car used during a string of vehicle thefts; Show me vehicles that were seen near this specific car multiple times.
Visual Search Upload a suspect vehicle photo from and alternative source (i.e. CCTV, doorbell camera, mobile phone), and machine learning will match it to vehicles recorded by Flock Safety cameras in the past 30 days Multi Geo Search Perform single and multi-location-based searches to link a suspect vehicle to one, or multiple crime scenes ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera Custom Hot List Deconfliction Portal Allows Flock users to identify overlapping investigations and provide the contact information of opted-in parties to facilitate collaboration.
Hot List Attachments The ability to add case notes, photos, reports, and other relevant case information to Custom Hot List Alerts Unlimited Vehicle Description Alerts
Users can set up and receive notifications for suspect vehicles based on body type, make, color, location and timeframe. Notifications are sent via app, SMS or email when a vehicle matching the predetermined criteria passes a camera in your organization's network.
Real-Time Routing (Formerly Vehicle Pursuit) Displays possible vehicle routes on the Map after Hot List Hits Wing Gateway, Wing Cloud, Wing VMS Unlocks access to purchase Wing.
Custom Map Layers Ability for customers (and Flock Admins) to add & view public and proprietary ESRI map layers to FlockOS’ Map experience.
AVL Connection Displays Automatic Vehicle Location (AVL) of Patrol Vehicles on the Map, providing additional situational awareness.
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CAD Connection Displays Computer Aided Dispatch (CAD) alerts such as 911 calls on the Map, providing additional context.
Body Camera/Dash Camera Integration Displays Body Worn Camera (BWC) locations on the Map, providing additional situational awareness.
Floor Plans Displays interior floor plans of buildings on the Map, providing additional situational awareness Camera Registry Program
Flock Safety built and maintained agency website that allows citizens to register their cameras and indicate that they may be viewed by law enforcement. Law enforcement can view each registered camera’s location on the FlockOS map.
SSO Ability to sign into the Flock Safety platform via Okta Single Sign On (SSO). This increases login speed and information security.
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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - Hemet PD
By:
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PO Number:
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Sole Source Letter for Flock Safety® ALPR Cameras and Solution Flock Safety® is the sole manufacturer and developer of the Flock Safety® ALPR Camera.
Flock Safety® is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety® ALPR Camera.
The Flock Safety® ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features:
1. Vehicle Fingerprint Technology®:
○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) ○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
○ Only LPR provider with “Visual Search” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
○ Flock Safety Falcon Flex™: an infrastructure-free, location-flexible license plate reader camera that is easy to self install. Flock Safety Falcon Flex™ ties seamlessly into the Flock Safety® ecosystem with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge
2. Integrated Cloud-Software & Hardware Platform:
○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
○ Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
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○ Utilizes motion capture to start and stop recording without the need for a reflective plate
○ Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption ○ Cloud storage of footage
○ Covert industrial design for minimizing visual pollution
3. Transparency & Ethical Product Design:
○ One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock Safety® system
○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured
4. Integrated Audio & Gunshot Detection:
○ Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots)
5. Live Video Integration:
○ Ability to apply computer vision to third-party cameras using Flock Safety Wing® LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety Falcon® ALPR cameras ○ Flock Safety Wing® Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ○ Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety Wing® Suite ○ Ability to access live and recorded video using Flock Safety Condor™, a subscription video solution which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network set-up, installation, or up-keep
6. Situational Awareness:
○ FlockOS™ is the world’s first and only public safety operating system compatible with Flock Safety™ live streaming fixed and PTZ Condor camera, Flock Safety Raven™ gunshot audio detection, while seamlessly integrating first and 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
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third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center ○ Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS™ ESRI-based map
○ FlockOS™ features Flock Safety™ unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its’ direction of travel providing users with possible outcomes based on a confidence threshold
7. Partnerships:
○ Flock Safety® is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com
○ Flock Safety® is the only LPR provider to be fully integrated into a dynamic network of AXON’s Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety Falcon® cameras
○ Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
8. Warranty & Service:
○ Lifetime maintenance and support included in subscription price ○ Flock Safety® is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety®
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Travis Holyoak, Water/Waste Water Superintendent;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting Grant Funding in the Amount of $100,000 from the WaterSMART Small-Scale Water Efficiency Projects Grant Administered through the Department of Interior, Bureau of Reclamation and Authorizing the City Manager to Execute All Documents Related to the Grant and Authorizing the Administrative Services Director to Increase Estimated Revenues by $100,000 in Water Fund 571, Establish a Grant Account and Record Supplemental Appropriations of $100,000 in the Public Water Utility Fund (Fund 571) and Transfer $100,052 of Matching Funds from Water Operations to the Grant Account RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, accepting grant funding in the amount of $100,000 from the WaterSMART Small-Scale Water Efficiency Projects Grant administered through the Department of the Interior, Bureau of Reclamation. Authorize the City Manager to execute all documents related to the grant and authorize the Administrative Services Director to increase estimated revenues by $100,000 in the Public Water Utility Fund (Fund 571), Establish a grant account, and record supplemental appropriations of $100,000 in the Public Water Utility Fund (Fund 571).
Additionally, transfer $100,052 of matching funds from Water Operations to the grant account.
BACKGROUND:
On July 21, 2022, City staff submitted a grant application for the Department of Interior, Bureau of Reclamation, WaterSMART Small-Scale Water Efficiency Projects Grant in the amount of $100,000 for the proposed rebates to residential and commercial water users who remove existing turf and replace it with drought-tolerant landscaping.
ANALYSIS:
The City anticipates providing rebates to approximately 40 residential and 10 commercial water customers within its 5.25 square mile water service area boundary on a first come-first served basis. In total, the City expects to realize an estimated water savings of 8.3 acre-feet per year, which will benefit
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customers, the City, and the State with reductions in landscape water use, which will, in turn, improve supply reliability, increase drought resiliency, and lower operating costs and energy use.
DISCUSSION:
On November 8, 2022, the City Council approved a Funding Agreement between the City of Hemet, Eastern Municipal Water District, and Metropolitan Water District of Southern California (MWD) where the City would fund an additional $1 per square foot rebate in addition to MWD's $2 per square foot rebate.
The City will utilize this grant funding to extend and maximize the City's participation using $0.50 grant monies and $0.50 Water Fund monies to make up the $1 committed in the existing Agreement. This will expand the number of customers that will have access to the program.
The City of Hemet desires to improve water monitoring and management of its entire service area. The City will use the $3.00 per square foot of lawn water-wise landscaping rebate to incentivize residential and commercial customers in the City’s water service area to replace existing turf lawns with welldesigned low-water landscapes. The Rebate Program’s total project budget is $200,052, of which the City will fund $100,052 (50%). Of the total budget, $180,000 (90%) provides rebates to qualifying residential and commercial customers, and the remaining 10% is for administration costs. The City’s Rebate Program goal is to replace 90,000 square feet of water-thirsty lawn with water-wise, droughttolerant landscaping. The proposed rebate program will be offered on a first-come, first-served basis to residential and commercial water customers in the City's 5.25 square mile water boundary service area.
PREVIOUS COUNCIL ACTION:
On July 12, 2022, City Council approved the application for the Department of Interior, Bureau of Reclamation, WaterSMART Small-Scale Water Efficiency Projects Grant.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
There is no General Fund impact related to the adoption of this Resolution. The Fiscal Year 2023-24 Public Water Utility Fund (Fund 571) budget includes $100,000 for a drought-tolerant landscape program.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
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☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: Resolution WaterSMART Small-Scale Water Efficiency Projects Grant Attachment 2: Notice to Proceed R23AP00367
Attachment 3: WEEG-014 City of Hemet
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City of Hemet Resolution No. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, ACCEPTING
GRANT FUNDING IN THE AMOUNT OF $100,000
FROM THE WATERSMART SMALL-SCALE
WATER EFFICIENCY PROJECTS GRANT
ADMINISTERED THROUGH THE DEPARTMENT
OF INTERIOR, BUREAU OF RECLAMATION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL DOCUMENTS RELATED TO THE GRANT AND
AUTHORIZING THE ADMINISTRATIVE SERVICES
DIRECTOR TO INCREASE ESTIMATED
REVENUES BY $100,000.00 IN THE PUBLIC
WATER UTILITY FUND (FUND 571), ESTABLISH A
GRANT ACCOUNT AND RECORD
SUPPLEMENTAL APPROPRIATIONS OF $100,000
IN THE PUBLIC WATER UTILITY FUND (FUND
571), AND TRANSFER $100,052 OF MATCHING
FUNDS FROM WATER OPERATIONS TO THE
GRANT ACCOUNT.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, On July 21, 2022, City staff submitted a grant application for the Department of Interior, Bureau of Reclamation, WaterSMART Small-Scale Water Efficiency Projects Grant in the amount of $100,000 for the proposed rebates to residential and commercial water users who remove existing turf and replace it with drought-tolerant landscaping; and
WHEREAS, The City anticipates providing rebates to
approximately 40 residential and 10 commercial water customers
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City of Hemet Resolution No. 2023-xxx
within its 5.25 square mile water service area boundary. In total, the City expects to realize an estimated water savings of 8.3 acre-feet per year, which will benefit customers, the City, and the State with reductions in landscape water use that will improve supply reliability, increase drought resiliency, and lower operating costs and energy use; and
WHEREAS, On November 8, 2022, the City Council
approved a funding agreement between the City of Hemet and Eastern Municipal Water District and Metropolitan Water District of Southern California (MWD) where the City would fund an additional $1 per square foot rebate in addition to MWD's $2 per square foot rebate; and
WHEREAS, The City of Hemet desires to improve water
monitoring and management of its entire service area. The City will use the $3.00 per square foot of lawn water-wise landscaping rebate to incentivize residential and commercial customers in the City’s water service area to replace existing turf lawns with welldesigned low-water landscapes; and WHEREAS, The proposed rebate program will be offered on a first come first serve basis to residential and commercial water customers in the City's 5.25 square mile water boundary service area; and
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City of Hemet Resolution No. 2023-xxx
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS
FOLLOWS:
SECTION 1. Each of the above recitals is true and correct.
SECTION 2. The City Council of The City of Hemet accepts the Department of Interior, Bureau of Reclamation, WaterSMART Small-Scale Water Efficiency Project Grant in the amount of $100,000.
SECTION 3. The City Manager is authorized to execute all documents related to the grant.
SECTION 4. The Administrative Services Director is
authorized to increase estimated revenues by $100,000 in the Public Water Utility Fund (Fund 571), establish a grant account and record supplemental appropriations of $100,000 in the Public Water Utility Fund (Fund 571), and transfer $100,052 of matching funds from Water operations to the grant account.
PASSED, APPROVED AND ADOPTED this 12th day of
September, 2023.
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City of Hemet Resolution No. 2023-xxx
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.G
City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of September 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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Attachment - 23-SCAO-016-CX Hemet [WEEG]
84-27131
1.3.11 July 26, 2023
VIA ELECTRONIC MAIL ONLY
Travis Holyoak
City of Hemet
445 E. Florida Ave.
Hemet, CA 92543-4205
Subject: Notice to Proceed for Grant No. R23AP00367 (Agreement) with City of Hemet Dear Mr. Holyoak:
This letter provides formal notice that environmental compliance activities required by Agreement No. R23AP00367 are complete per Term and Condition 11. You may now proceed with grounddisturbing activities described in Term and Condition 5 and 6.1. This determination in no way alleviates City of Hemet from meeting all other applicable Federal, state, or local regulatory or environmental requirements. Any proposed Project modification must be submitted to the Grants Officer prior to implementation, to assess whether further environmental review is necessary.
In accordance with Federal cultural resources laws and regulations, if archeological materials or human remains are discovered during the course of ground-disturbing activities, all work must immediately halt in the area of the materials, and City of Hemet must immediately notify the Grants Officer Technical Representative and Grants Officer and take precautions to protect the discovery.
City of Hemet shall not proceed with any further activities in the area of the find until written notice to proceed is provided by Reclamation.
A completed National Environmental Policy Act (NEPA) Document is enclosed for your records.
Please note that the environmental commitments included in the NEPA Document must be met. If you have any questions regarding the NEPA Document, please contact Deb Whitney, Grants Officer Technical Representative, at 951-695-5310 or [email protected].
Thank you for your efforts to complete the reviews and consultations.
Sincerely,
Kimberly DeTamble
Grants Officer
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84-27814
1.3.11 April 2023
VIA ELECTRONIC MAIL ONLY
City of Hemet
Attn: Travis Holyoak
445 E. Florida Ave.
Hemet, CA 92543
Subject: Funding Opportunity No. R23AS00008 – WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year 2023 – Application Review Status, Your Application Titled, “Cash for Grass Rebate Program” (WEEG-014)
Dear Mr. Holyoak:
The Bureau of Reclamation (Reclamation) is pleased to inform you that your application for WaterSMART Grants: Water and Energy Efficiency Grant funding was among those receiving the highest ratings and is now being considered for award of a financial assistance agreement with fiscal year (FY) 2023 appropriations. The success of the WaterSMART Program depends on collaboration with partners to improve water management.
Your application included a request for $100,000 to complete your proposal titled, “Cash for Grass Rebate Program.” Reclamation anticipates awarding Federal funds in the amount of $100,000 for your proposed project.
All new financial assistance awards for infrastructure projects must meet Buy America requirements. See OMB Memorandum M-22-11 at https://www.whitehouse.gov/wpcontent/uploads/2022/04/M-22-11.pdf and the Department of the Interior “Buy America” Domestic Sourcing Guidance at https://www.doi.gov/grants/buyamerica for further details.
Reclamation will be scheduling a webinar with you and other new recipients to discuss the process for development of financial assistance agreements and next steps.
In working with you to develop your financial assistance agreement, Reclamation will closely review the activities outlined in your proposal to ensure that all activities are eligible for funding and that the proposed costs are allowable under financial assistance regulations. If some costs or activities are determined to be ineligible or unallowable, Reclamation will work with you to refine the scope of work and budget for the project.
In the coming months, Reclamation will work with you to gather the information needed to enter into a financial assistance agreement. Please note that this letter is not a final commitment of
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funding and all pre-award clearances and approvals must be obtained as described in Section E.2.5 of the Funding Opportunity. In addition, Reclamation must have sufficient evidence prior to award that non-Federal cost share will be available. The final funding amount may be adjusted if necessary.
Federal statute (42 U.S.C. 10364(a)(3)(B)) requires that before any funds are awarded, you agree not to use any water savings resulting from your proposed project to increase your total irrigated acreage or to otherwise increase the consumptive use of water in your operations. This requirement, which was discussed in Section F.2.4 of the Funding Opportunity, will be included in the financial assistance agreement for your project.
Please be advised that your application has been ranked, in part, based on your description of the expected benefits of your project and the non-Federal cost share percentage identified in your application. Selection criteria placed an emphasis on conserving and using water more efficiently; increasing the production of hydropower; mitigating conflict risk in areas at a high risk of future water conflict; and accomplishing other benefits that contribute to water supply reliability in the western United States.
In order to demonstrate the success of the program and to provide a guide for future applicants, Reclamation will post copies of all successful Water and Energy Efficiency Grant applications as examples on Reclamation’s website. While this generally does not raise any issues, Reclamation finds it prudent to provide successful grant applicants with an opportunity to redact any sensitive information from their proposals prior to posting them on our website. As a rule, Reclamation removes the SF-424s; however, if there are any other items you would like to request be redacted, please notify us by sending an email to [email protected] no later than Friday, May 5, 2023. If Reclamation does not hear from you by this date, Reclamation will assume that there are no objections to posting the full application.
Again, a webinar will be scheduled to discuss next steps in further detail. Thank you for your interest and participation in the WaterSMART Program. The success of the WaterSMART Program depends on collaboration with partners to improve water management. We look forward to working with you.
Sincerely,
/s/ Christina Munoz
Christina Munoz
Grants Officer
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the Hemet Unified School District to Form a Community Facilities District within the Territorial Limits of the City of Hemet to Finance Certain Development Impact Fees and Capital Improvements, Embodying a Joint Community Facilities Agreement (JCFA) Setting Forth the Terms and Conditions of the Community Facilities District Financing; and Authorizing Staff to Cooperate with the Hemet Unified School District in Connection Therewith, all Associated with Tract Map 35392 (Generally Located West of Cawston Ave., South of Stetson Ave, East of Warren Rd., and North of Thornton Ave.) (Morgan Crossing Project - Pulte) RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Hemet Unified School District to Form a Community Facilities District within the Territorial Limits of the City of Hemet to Finance Certain Development Impact Fees and Capital Improvements; Embodying a Joint Community Facilities Agreement (JCFA) Setting Forth the Terms and Conditions of the Community Facilities District Financing; and Authorizing Staff to Cooperate with the Hemet Unified School District in Connection Therewith, all associated with Tract Map 35392 (Generally Located West of Cawston Ave., South of Stetson Ave, East of Warren Rd., and North of Thornton Ave.) BACKGROUND:
The State Legislature enacted the Mello-Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services and improvements. The developer of TM 35392, Pulte Home Company LLC, requested that the Hemet Unified School District ("School District") assist them in forming a CFD to fund associated Development Impact Fees (DIF) and for various public improvements to be accepted and owned by the City.
ANALYSIS:
While the City has the same authority to form Special Districts, to issue the bonds, and to levy assessments or special taxes to pay such bonds as Hemet Unified School District, there is an
15.H
administrative advantage in allowing Hemet Unified School District to be the lead agency in the process.
By allowing developers to use the JCFA process, the City avoids all of the administrative responsibility in (1) establishing a Special District and (2) issuing and administering the municipal bonds used to finance the public improvements or development impact fees secured by the property within the Special District. Hemet Unified School District assumes all responsibility for issuing and paying the municipal bonds and placing the annual assessments or special taxes on the property tax roll.
DISCUSSION:
The JCFA language ensures that the School District assumes all responsibility for the issuance and payment of the municipal bonds and for placing the annual assessments or special taxes on the property tax roll. The City will not be considered an issuer of the Bonds, and the City shall have no obligation or responsibility whatsoever with respect to the issuance and sale of the Bonds, for the payment of principal and interest thereon, or for the levy of the special taxes required to provide debt service.
The development proposed to be included in the JCFAs will include 150 single-family residential units.
The City DIF and/or public improvements to be owned by the City will be funded by the HUSD Special District formation.f
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 2: Develop concepts and programs to enhance the quality of life services.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
There is no fiscal impact. Costs associated with the formation of the Special District will be borne by the District and developer.
ALTERNATIVE(S):
1. Do not adopt a Resolution Authorizing the Hemet Unified School District to Form a Community Facilities District within the Territorial Limits of the City of Hemet to Finance Certain Development
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Impact Fees; Embodying a Joint Community Facilities Agreement (JCFA) Setting Forth the Terms and Conditions of the Community Facilities District Financing, and Authorizing Staff to Cooperate with the Hemet Unified School District in Connection Therewith
2. Provide alternate direction to the City Manager.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution HUSD 2023-3 JCFA Pulte Tr 35392 Attachment 2 - HemetUSD2023-3 2023 AGMT JCFA FINAL
Attachment 3 - Recorded - HUSD CFD 2023-3 Boundary Map
15.H
CITY COUNCIL RESOLUTION NO. 2023-xxx
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, AUTHORIZING
THE HEMET UNIFIED SCHOOL DISTRICT TO
FORM A COMMUNITY FACILITIES DISTRICT
WITHIN THE TERRITORIAL LIMITS OF THE CITY
OF HEMET TO FINANCE CERTAIN
DEVELOPMENT IMPACT FEES AND CAPITAL
IMPROVEMENTS; EMBODYING A JOINT
COMMUNITY FACILITIES AGREEMENT (JCFA)
SETTING FORTH THE TERMS AND CONDITIONS
OF THE COMMUNITY FACILITIES DISTRICT
FINANCING; AND AUTHORIZING STAFF TO
COOPERATE WITH THE HEMET UNIFIED
SCHOOL DISTRICT IN CONNECTION THEREWITH,
ALL ASSOCIATED WITH TM 35392 (GENERALLY
LOCATED WEST OF CAWSTON AVE, SOUTH OF
STETSON AVE, NORTH OF THORNTON AVE, AND
EAST OF WARREN ROAD)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (the “City”) is a general law city duly organized and existing under the laws of the State of California (the “State”); and
WHEREAS, the Hemet Unified School District (the “District”) is a California unified school district duly organized and existing under and by virtue of the laws of the State; and
WHEREAS, the Mello-Roos Community Facilities Act of 1982 (the “Act”), beginning at Section 53311 of the Government Code, is an applicable provision of State law available to, among other
15.H
CITY COUNCIL RESOLUTION NO. 2023-xxx
things, finance public improvements and fees necessary to meet increased demands placed upon local agencies as a result of development; and
WHEREAS, there is a development project located in the City consisting of Assessor’s Parcel Nos. 460-010-008, 460-010-009, 460-010-010, 460-010-011, 460-020-005, 460-020-006 (the “Property”), known as the Morgan Crossing Project, and generally located west of Cawston Ave., south of Stetson Ave., east of Warren Road, and north of Thornton Ave., which is owned by Pulte Homes LLC, (the “Property Owner”) and the Property Owner has requested the City to consider entering into a Joint Community Facilities Agreement in connection with a Development Project including the construction of 150 residential homes; and WHEREAS, the Development Project will promote economic
development, the stimulation economic activity, and increase of the tax base within the City and
WHEREAS, the Act authorizes the two public agencies, such as the City and District to enter into a joint community facilities district to exercise powers under the Act; and
WHEREAS, the City desires to enter into such agreement
with the District to authorize the District to form a community facilities district within the territorial limits of the City to finance Development Impact Fees and Capital Improvements required of the Development Project; and
15.H
CITY COUNCIL RESOLUTION NO. 2023-xxx
WHEREAS, the agreement provides that the City will not
participate in or be considered a participant in the formation proceedings for the community facilities district, the City will not be considered an issuer of the Bonds, and the City shall have no obligation or responsibility whatsoever with respect to the issuance and sale of the Bonds, for the payment of principal and interest thereon, or for the levy of the special taxes required to provide debt service; and
WHEREAS, nothing herein constitutes the City’s approval of any applications, Development Project entitlements and/or permits, and such, to the extent required in the future, are subject to and contingent upon City Council approval following, to the extent applicable, environmental review in compliance with the California Environmental Quality Act (“CEQA”); and
WHEREAS, nothing herein affects, without limitation,
requirements for and/or compliance with any and all applicable and/or necessary improvement standards, land use requirements or subdivision requirements relating to the Development Project or any portion thereof, which obligations are and shall remain independent and subsisting; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS
FOLLOW:
SECTION 1. The above recitals are all true and correct.
15.H
CITY COUNCIL RESOLUTION NO. 2023-xxx
SECTION 2. That pursuant to Section 53316.2 of the Act, the City Council hereby approves the Joint Community Facilities Agreement substantially in the form attached hereto as Attachment A and determines that the Joint Community Facilities Agreement will be beneficial to the residents of the City of Hemet and included within the jurisdictional boundaries of the CFD. The City Manager is hereby authorized and directed to execute and deliver the Joint Community Facilities Agreement in said form with such changes, insertions and omissions as may be approved by the City Manager with the concurrence of the City Attorney, said execution and delivery being conclusive evidence of such approval.
SECTION 3. The City Council hereby authorizes and directs the City Manager and other appropriate City staff to cooperate with the District and its consultants and to do all things necessary and appropriate to carry out the intent of this Resolution and the community facilities district financing, and to execute any and all such documents as may be necessary.
SECTION 4. This Resolution shall take effect upon its
adoption.
PASSED, APPROVED AND ADOPTED this 12th day of September 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.H
CITY COUNCIL RESOLUTION NO. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of September 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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JOINT COMMUNITY FACILITIES AGREEMENT
relating to
Community Facilities District No. 2023-3
of the Hemet Unified School District
by and among
Hemet Unified School District, City of Hemet and
Pulte Home Company, LLC
THIS JOINT COMMUNITY FACILITIES AGREEMENT (the “Agreement”) is entered into effective as of the 12th day of September, 2023, by and among HEMET UNIFIED SCHOOL DISTRICT, a California unified school district (the “School District”), the CITY OF HEMET, a California general law city (the “City”), and PULTE HOME COMPANY, LLC, a Michigan limited liability company (the “Property Owner”). This Agreement relates to the formation by the School District of a community facilities district known as “Community Facilities District No. 2023-3 of the Hemet Unified School District” (the “CFD”) for the purpose of financing (i) certain facilities to be constructed, owned, operated, or maintained by the School District, the City and Eastern Municipal Water District and (ii) certain City improvements to be constructed by the Property Owner and owned, operated, and maintained by the City, from the proceeds of bonds issued by the CFD and special taxes authorized to be levied by the CFD.
R E C I T A L S:
A. The property (the “Property”) depicted in Exhibit “A” hereto, which is located in the City, County of Riverside, State of California, constitutes the land within the boundaries of the CFD.
B. Property Owner owns the Property to be included in the CFD. Property Owner intends to develop the Property for residential purposes consisting of 150 single family residential units in Tentative Tract No. 35392. The Property is described in Exhibit “B” hereto.
C. Property Owner petitioned the School District to form the CFD for the purpose of financing, among other things, the construction of various facilities to be owned and operated by the City as described in Exhibit “C” hereto, which facilities will benefit the Property in whole or in part, including certain facilities to be constructed, owned and operated by the City (the “City Fee Facilities”) in lieu of the payment of City Fees (defined below) and certain facilities to be constructed by the Property Owner and acquired by the City (the “Acquisition Facilities”).
D. Property Owner has yet to determine whether (i) it will finance with Bond Proceeds (defined below) that are available for such purposes any or all of the City Fee Facilities in lieu of payment of City Fees, and/or (ii) it will finance any or all of the Acquisition Facilities with Bond Proceeds (defined below) that are available for such purpose. The Parties (defined below) hereto acknowledge that the purpose of this Agreement is to satisfy the requirements of the Act (defined below).
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2 E. In conjunction with the issuance of building permits for the construction of homes within the Property and/or receipt of final inspections or occupancy certificates for such homes, the Property Owner or its successors or assigns, may elect to advance City Fee Facilities costs in lieu of payment of City Fees (the “Advances”) before Bond Proceeds are available in sufficient amounts to pay for City Fee Facilities. In such case, the Property Owner shall be entitled to (i) reimbursement of such Advances limited to Bond Proceeds available to the City, if any (the Advances being considered an interest free loan by the Property Owner with no repayment obligation except to the extent there are Bond Proceeds received by or made available to the City as described herein, all as further described in Section 5(a) below) and (ii) credit for payments made to the City from Bond Proceeds against City Fees which would otherwise be due to the City with respect to the Property for which such transfer was made equal to the amount of Bond Proceeds disbursed to the City or at the direction of the City for City Fee Facilities, all as further described herein.
F. The School District will have sole discretion and responsibility for the formation and administration of the CFD.
G. The School District is authorized by Section 53313.5 of the Act to assist in the financing of the acquisition and/or construction of the City Fee Facilities and/or the Acquisition Facilities, including facilities whose construction has been completed, as determined by the School District Representative (as defined herein), before the resolution of formation to establish the CFD (the “Resolution of Formation”) is adopted. This Agreement constitutes a joint community facilities agreement, within the meaning of Section 53316.2 of the Act, by and among the City, the Property Owner, and the School District, pursuant to which the CFD, when and if formed, will be authorized to finance the acquisition and/or construction of all or a portion of the City Fee Facilities and/or the Acquisition Facilities. As authorized by Section 53316.6 of the Act, responsibility for constructing, providing for, and operating the City Fee Facilities and/or the Acquisition Facilities is delegated to the City.
H. The Parties (defined below) hereto find and determine that the residents residing within the boundaries of the City, the School District, and the CFD will be benefited by the construction and/or acquisition of the City Fee Facilities and/or the Acquisition Facilities, and that this Agreement is beneficial to the interests of such residents.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereto agree as follows:
1. Recitals. Each of the above recitals is incorporated herein and is true and correct.
2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) “Acquisition Facilities Completed Prior to Formation” means Acquisition Facilities completed before the Resolution of Formation is adopted, as such completion is determined by the School District Representative, which may be based on certifications by the City, as to the completion of such Acquisition Facilities.
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3 (b) “Acquisition Facility(ies)” means the facilities described as such in Exhibit “C” hereto.
(c) “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code.
(d) “Advance” or “Advances” means an amount advanced by Property Owner to the City for City Fee Facilities in lieu of payment of City Fees prior to the availability of sufficient Bond Proceeds. Advances shall be deemed payment of City Fees to the extent sufficient Bond Proceeds are not received by or made available to the City. (e) “Bond Proceeds” or “Proceeds of the Bonds” shall mean those net funds generated by the sale of the Bonds and investment earnings thereon, net of costs of issuance, reserve fund, capitalized interest and administrative expenses and may include net funds generated by the levy of Special Taxes and investment earnings thereon. (f) “Bond Resolution” means that Resolution, Resolution Supplement, Fiscal Agent Agreement, Indenture of Trust, or other equivalent document(s) providing for the issuance of the Bonds.
(g) “Bonds” shall mean those bonds, or other securities, issued by, or on behalf of, the CFD in one or more series, as authorized by the qualified electors within the CFD. (h) “City Engineer Representative” means the project manager or engineer or engineers representing the City in the inspection and review of the Acquisition Facilities, which may be employees of the City or outside consultants representing the City. (i) “City Fee Facilities” means those City capital improvements eligible to be financed with City Fees.
(j) “City Fees” means fees for those capital improvements authorized to be financed with City development impact fees (“DIF”), and all components thereof, imposed by the City as a consequence of development of any portion of the Property to finance City Fee Facilities as further described in Exhibit “C” hereto. (k) “City Representative” means the City Manager of the City or his or her designee.
(l) “Disbursement Request” means a request for payment relating to City Fee Facilities in the form attached hereto as Exhibit “D.”
(m) “Other Facilities Account of the Improvement Fund” means the fund, account, or subaccount of the CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond Proceeds may be deposited in accordance with the Bond Resolution to finance City Fee Facilities and/or the Acquisition Facilities and which may have subaccounts.
(n) “Party” or “Parties” shall mean any one or all of the parties to this Agreement.
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4 (o) “Payment Request” means a request for payment relating to Acquisition Facilities in the form attached hereto as Exhibit “E.”
(p) “Rate and Method” means the Rate and Method of Apportionment of the Special Tax authorizing the levy and collection of Special Taxes pursuant to proceedings undertaken for the formation of the CFD pursuant to the Act. (q) “School District Representative” means the Superintendent of the School District, the Deputy Superintendent, Business Services of the School District, or the designee of the Superintendent or Deputy Superintendent, Business Services. (r) “SIA” or “Subdivision Improvement Agreement” means the Subdivision Improvement Agreement, by and between the City and the Property Owner, in the form attached hereto as Exhibit “F”.
(s) “Special Tax” or “Special Taxes” means the special taxes authorized to be levied and collected within the CFD pursuant to the Rate and Method. (t) “State” means the State of California.
3. Formation of the CFD. The School District has undertaken to analyze the appropriateness of forming the CFD to finance the City Fee Facilities, Acquisition Facilities, and other facilities. The School District has and will retain, at the expense of the Property Owner pursuant to a deposit and reimbursement agreement, the necessary consultants to analyze the formation of the CFD. In the event that the Governing Board of the School District elects to form the CFD, the School District will have complete responsibility to employ and pay all required consultants (at the expense of the Property Owner (pursuant to a deposit and reimbursement agreement), annually levy the Special Tax, collect and enforce the Special Tax, administer the CFD, issue and pay debt service on the Bonds, and comply with all State and federal requirements pertaining to the proceedings and the Bonds, including the requirements of the United States Internal Revenue Code of 1986 and associated regulations. The City will not participate in or be considered a participant in the formation proceedings for the CFD. The City will not be considered an issuer of the Bonds and the City shall have no obligation or responsibility whatsoever with respect to the issuance and sale of the Bonds, for the payment of principal and interest thereon, or for the levy of the Special Taxes required to provide debt service. The parties do not intend to form a separate joint exercise of powers authority by this Agreement; instead, the parties intend that the City Council act on behalf of the City on all matters for which the City is responsible under this Agreement and the Act, and that the Governing Board of the School District act on behalf of the School District in all matters for which it is responsible under this Agreement and the Act. Whenever approval of an action by the City or School District, as the case may be, is required under this Agreement or the Act, the parties contemplate that such action be submitted to the City Council or the Governing Board of the School District, as applicable, for approval by resolution, or to the officer to whom approval authority has been delegated, prior to such party taking such action.
4. Sale of Bonds and Use of Bond Proceeds. In the event that the CFD is formed and Bonds are issued, the School District and the Property Owner shall determine the amount of Bond Proceeds to be deposited in the Other Facilities Account of the Improvement Fund and each subaccount thereof. As Bond Proceeds are transferred to the City and reserved to fund City Fee Facilities as described in Section 5 below, the Property Owner shall receive a credit in the amount
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5 transferred against the payment of City Fees with respect to the Property. Bond Proceeds may also be reserved to fund Acquisition Facilities as described in Section 6 below. Nothing herein shall supersede the obligation of an owner of the Property to make an Advance or pay City Fees to the City when due. The purpose of this Agreement is to provide a mechanism by which the CFD may issue the Bonds and levy Special Taxes to provide a source of funds to finance all or a portion of the City Fee Facilities in lieu of the payment of all or a portion of the City Fees and/or to finance Acquisition Facilities. In the event that Bond Proceeds, including investment earnings thereon, are not available or sufficient to satisfy the obligation, then the Property Owner shall remain obligated to make an Advance for which it will receive no reimbursement (except to the extent Bond Proceeds later become available to the City) or pay City Fees to the City as required by the City in accordance with applicable law.
The Bonds shall be issued only if, in its sole discretion, the Governing Board of the School District determines that all requirements of State and federal law and all School District policies have been satisfied or have been waived by the School District. Nothing in this Agreement shall confer upon the City or any owner of the Property, including Property Owner, a right to compel the issuance of the Bonds or the disbursement of Bond Proceeds to fund City Fee Facilities and/or Acquisition Facilities except in accordance with the terms of this Agreement.
5. Disbursements for City Fee Facilities.
(a) Upon the funding of the Other Facilities Account of the Improvement Fund with funds reserved to fund City Fee Facilities, the Property Owner shall notify the City of the amount of Bond Proceeds reserved to fund City Fee Facilities and the Property Owner and the City may execute and submit a Disbursement Request for payment to the School District or the CFD requesting disbursement of an amount equal to all or a portion of Advances from the Other Facilities Account of the Improvement Fund to the extent that Bond Proceeds are available in the Other Facilities Account of the Improvement Fund for such purpose. Upon the City’s receipt of funds pursuant to such Disbursement Request, the Property Owner shall receive reimbursement of the Advances from the City. To facilitate the City’s bookkeeping, the City may direct in a Disbursement Request, that all or a portion of a payment be made directly to the Property Owner as reimbursement for Advances made by the Property Owner. In the event of a reimbursement to the Property Owner pursuant to the preceding sentence, the City shall account for an equivalent amount of Advances previously received from the Property Owner in accordance with Section 5(c) below.
To the extent that the City expends all or a portion of an Advance pending the deposit of Bond Proceeds in the Other Facilities Account of the Improvement Fund, for purposes of Treasury Regulations regarding investment and expenditure of Bond Proceeds and State law provisions regarding financing of public capital facilities, the Advance shall be considered an interest free loan by the Property Owner, which the City only agrees to repay to the extent of the deposit, if any, of Bond Proceeds in the Other Facilities Account of the Improvement Fund and the City’s written direction as described below to pay all or a portion of such deposit to the Property Owner as repayment of an Advance.
(b) From time to time following the funding of the Other Facilities Account of the Improvement Fund, the Property Owner may notify the City in writing and the Property Owner and the City may jointly request a disbursement from the Other Facilities Account of the Improvement Fund to fund City Fee Facilities by executing and submitting a Disbursement Request. Upon receipt of such Disbursement Request completed in accordance with the terms of this Agreement, the CFD
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6 shall wire transfer or otherwise pay to the City (or upon the City’s written direction, pay to the Property Owner or a City contractor) such requested funds to the extent that Bond Proceeds are available in the Other Facilities Account of the Improvement Fund for such purpose. Upon such notice and the City’s receipt of such disbursement (or upon payment to the Property Owner or a City contractor in accordance with directions from the City relating to City Fee Facilities), the Property Owner shall be deemed to have satisfied the applicable City Fees with respect to the number of dwelling units or lots for which the City Fees would otherwise have been required in an amount equal to such disbursements.
(c) The City agrees that prior to submitting a Disbursement Request requesting payment from the CFD it shall review and approve all costs included in its request and will have already paid or incurred such costs of City Fee Facilities from its own funds (which may include Advances from the Property Owner) subsequent to the date of this Agreement, or will disburse such amounts to pay the costs of the City Fee Facilities following receipt of funds from the CFD. If the City’s portion of the Bonds are issued on a tax-exempt basis, in the event that the City does not disburse any Bond Proceeds (or equivalent amount of Advances repaid pursuant to the second to the last sentence of the first paragraph of Section 5(a) above) received by it to third parties within five banking days of receipt, it will trace and report to the CFD all earnings, if any, earned by the City, from the date of receipt of such Bond Proceeds by the City (or the date of disbursement pursuant to the second to the last sentence of the first paragraph of Section 5(a) above) to the date of expenditure by the City for capital costs of the City Fee Facilities. Such report shall be delivered at least semiannually until all Bond Proceeds are expended by the City. The City agrees that in processing the above disbursements, it will comply with all legal requirements for the expenditure of Bond Proceeds under the Internal Revenue Code of 1986 and any amendments thereto. (d) The City agrees to maintain adequate internal controls over its payment function and to maintain accounting records in accordance with generally accepted accounting procedures. The City will, upon request, provide the School District and the Property Owner with access to the City’s records related to the City Fee Facilities and expenditure of Advances and will provide to the School District its annual financial report certified by an independent certified public accountant for purposes of assisting the School District in calculating the arbitrage rebate obligation of the CFD, if any.
(e) The School District and the CFD agree to maintain full and accurate records of all amounts, and investment earnings, if any, expended from the Other Facilities Account of the Improvement Fund and expenditure of Advances. The School District or the CFD will, upon request, provide the City and/or the Property Owner with access to the School District’s or the CFD’s records related to the Other Facilities Account of the Improvement Fund. (f) As a condition to receiving proceeds of Bond Proceeds, the City agrees that it shall provide to the School District a certificate substantially in the form attached hereto as Exhibit “E.”
6. Ownership of City Fee Facilities and Acquisition Facilities. The City Fee Facilities and Acquisition Facilities, once acquired, shall be and remain the property of the City. (a) Acquisition Facilities. The requirements of this Section 6 shall apply to any Acquisition Facility for which a Payment Request is submitted to the City pursuant to this Section 6.
The City and the Property Owner shall enter into a SIA for all of the Acquisition Facilities. All Acquisition Facilities shall be constructed in accordance with the SIA and nothing in this Agreement
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7 shall amend, restate, or supersede the requirements set forth in the SIA. The City and not the School District, shall be responsible for determining the Property Owner’s compliance with the SIA and this Section 6.
(b) Design Plans and Specifications. All plans, specifications, and bid documents for the Acquisition Facility (“Plans”) constructed or to be constructed by the Property Owner shall be prepared by the Property Owner at the Property Owner’s initial expense, subject to approval by the City Engineer, or his or her designee. Costs for preparation of the Plans shall be included in the acquisition price. Costs for revisions to Plans will be considered on a case-by-case basis at the sole discretion of the City. Except with respect to Acquisition Facilities Completed Prior to Formation, the Property Owner shall not award bids for construction, or commence or cause commencement of construction, of the Acquisition Facility, except as set forth in Section 6(c). (c) Construction of Acquisition Facilities. A qualified engineering firm (the “Field Engineer”) shall be employed by the Property Owner to provide all field engineering surveys determined to be necessary by the City’s inspection personnel. Field Engineer shall promptly furnish to the City a complete set of grade sheets listing all locations, offsets, etc., in accordance with good engineering practices, and attendant data and reports resulting from Field Engineer’s engineering surveys and/or proposed facility design changes. The City shall have the right, but not the obligation, to review, evaluate, and analyze whether such results comply with applicable specifications.
A full-time soil testing firm, approved in writing by the City, shall be employed by the Property Owner to conduct soil compaction testing and certification. Property Owner shall promptly furnish results of all such compaction testing to City for its review, evaluation, and decision as to compliance with applicable specifications. In the event the compaction is not in accordance or compliance with applicable specifications, the Property Owner shall be fully liable and responsible, therefore. A final report shall be required fully certifying all required compaction efforts prior to acceptance of each of the Acquisition Facilities.
The costs of all surveying, testing, and reports associated with the Acquisition Facility furnished and constructed by the Property Owner’s contractor(s) shall be included in the acquisition price.
The City shall not be responsible for conducting any environmental, archaeological, biological, or cultural studies or any mitigation or permitting requirements that may be requested by appropriate federal, State, and/or local agencies with respect to the Acquisition Facility. Any such work shall be paid for and conducted by the Property Owner and included in the acquisition price of the Acquisition Facility.
(d) City Public Works Requirements. The requirements of the SIA shall be satisfied with respect to Acquisition Facilities Completed Prior to Formation. Except with respect to Acquisition Facilities Completed Prior to Formation, in order that the Acquisition Facility may be properly and readily acquired by the City, the Property Owner shall comply with all of the following requirements of this Section 6(d) with respect to the Acquisition Facility, and the Property Owner shall provide such proof to the City as the City may reasonably require and at such intervals and in such form as the City may reasonably require, that the following requirements have been satisfied as to the Acquisition Facility:
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8 (i) The Property Owner will prepare a bid package for review, comment, and approval by the City Representative in accordance with the City’s requirements and the California Public Contracts Code.
(ii) The Property Owner shall, after obtaining at least three sealed bids for the construction of the Acquisition Facility in conformance with the procedures and requirements of the City, submit to the City written evidence of such competitive bidding procedure, including evidence of the means by which bids were solicited, a listing of all responsive bids and their amounts, and the name or names of the contractor or contractors to whom the Property Owner proposes to award the contracts for such construction, which shall be the lowest responsible bidder. If the City Representative disapproves of any such contractor, the Property Owner shall select the next lowest responsible bidder from the competitive bids received who is acceptable to the City Representative. (iii) Property Owner shall make arrangements with City to schedule the bid opening, which is to be held at City offices, conducted by Property Owner, and witnessed by City staff. (iv) The specifications and bid and contract documents shall require all such contractors to pay prevailing wages and to otherwise comply with applicable provisions of the Labor Code, the Government Code, and the Public Contract Code relating to public works projects and as required by the procedures and standards of the City with respect to the construction of its public works projects. (v) All contractors shall be required to furnish labor and material payment bonds and contract performance bonds in accordance with the SIA. All such bonds shall be in a form approved by the City Representative.
(vi) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of such Acquisition Facilities which they will construct in conformance with the approved Plans in accordance with the SIA.
(vii) The Property Owner and all such contractors shall comply with such other requirements relating to the construction of such Acquisition Facilities which the City may impose by written notification delivered to the Property Owner and each such contractor at any time either prior to the receipt of bids by the Property Owner for the construction of such Acquisition Facilities or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. In accordance with this Section 6(c), the Property Owner shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the provisions of the State Labor Code, Government Code, and Public Contract Code to the extent expressly applicable to a nongovernmental entity constructing infrastructure to be acquired by a public entity. (viii) The Property Owner shall provide proof to the City, at such intervals and in such form as the City Representative may require that the foregoing requirements have been satisfied as to all of the Acquisition Facilities constructed by Property Owner, acquired by City, and paid for with Bond Proceeds.
(ix) The Property Owner and its contractor and subcontractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Acquisition Facility, which they will construct in conformance with the City’s requirements and the SIA.
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9 (x) The Property Owner and all such contractors shall comply with such other requirements relating to the construction of the Acquisition Facility which the City may impose by written notification delivered to the Property Owner and each such contractor at the time either prior to the receipt of bids by the Property Owner for the construction of such Acquisition Facility or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. In accordance with Section 6(d), the Property Owner shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the provisions of the Labor Code, Government Code, and Public Contract Code.
(xi) A “Change Order” is an order from the Property Owner to a contractor authorizing a change in the work to be performed. The Property Owner shall receive comments from the City Representative prior to the Property Owner’s approval of any Change Order. The City Representative shall comment on or deny the Change Order request within ten (10) business days of receipt of all necessary information. The City’s comments to a Change Order shall not be unreasonably delayed, conditioned, or withheld. The Property Owner shall not be entitled to include in the acquisition price costs associated with a Change Order that have not been approved by the City Representative.
(e) Inspection; Completion of Construction. The City shall regularly inspect the Acquisition Facilities with a final inspection at the request of the Property Owner. Such inspection does not include inspection for compliance with safety requirements by the Property Owner’s contractor(s). The City’s personnel shall be granted access to each construction site at all reasonable times for the purpose of accomplishing such inspection. Upon satisfaction of the City’s inspectors, the Property Owner shall notify the City in writing that an Acquisition Facility has been completed in accordance with the Plans. The Property Owner shall pay the City the estimated costs associated with the activities of the City Representative in administering its obligations with respect to this Agreement in advance at the request of the City.
The Property Owner shall request the City to perform a final inspection of each Acquisition Facility, prior to which such Acquisition Facility shall not be deemed complete. Within three (3) business days of receipt of written notification from the City inspectors that an Acquisition Facility has been completed in accordance with the Plans, the City Representative shall notify the Property Owner in writing that such Acquisition Facility has been satisfactorily completed. Upon receiving such notification, the Property Owner shall file a Notice of Completion with the County of Riverside Recorder’s Office, pursuant to the provisions of Section 3093 of the Civil Code. The Property Owner shall furnish to the City a duplicate copy of each such Notice of Completion showing thereon the date of filing with the County of Riverside (the “County”). The City will in turn file a notice with the County for acceptance.
(f) Liens. With respect to the Acquisition Facility, upon the earlier of (i) receipt of all applicable lien releases, or (ii) expiration of the time for the recording of claim of liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Property Owner shall provide to the City such evidence or proof as the City shall require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment for the construction of the Acquisition Facility have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation.
(g) Acquisition; Acquisition Price; Source of Funds. The costs eligible to be included in the acquisition price of the Acquisition Facility (the “Actual Costs”) shall include:
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10 (i) The actual hard costs for the construction of such Acquisition Facility, which in the case of Acquisition Facilities other than Acquisition Facilities Completed Prior to Formation, shall be as established by the City-approved construction contracts and approved Change Orders, and in the case of all Acquisition Facilities, shall include costs of payment, performance, and maintenance bonds and insurance costs, pursuant to this Agreement;
(ii) The design and engineering costs of such Acquisition Facility. including, without limitation, the costs incurred in preparing the Plans. Costs for plan revisions will be considered on a case-by-case basis;
(iii) The costs of environmental evaluations and public agency permits and approvals attributable to the Acquisition Facility;
(iv) Costs incurred by the Property Owner for construction management and supervision of such Acquisition Facility, not to exceed five percent (5%) of the actual construction cost; (v) Professional costs associated with the Acquisition Facility such as engineering, inspection, construction staking, materials, testing, and similar professional services; and (vi) Costs approved by the City of acquiring from an unrelated third party any real property or interests therein required for the Acquisition Facility, including, without limitation, temporary construction easements, temporary by-pass road and maintenance easements.
Provided the Property Owner has complied with the requirements of this Agreement, the City agrees to execute and submit to the School District a Payment Request for payment of the acquisition price of the completed Acquisition Facility to the Property Owner or its designee within thirty (30) days after the Property Owner’s satisfaction of the preconditions to such payment stated herein.
As a condition to the City’s execution of the Payment Request for the acquisition price, the property ownership of the completed Acquisition Facility shall be transferred to the City by grant deed, bill of sale or such other documentation as the City may require free and clear of all taxes, liens, encumbrances, and assessments, but subject to any exceptions determined by the City to not interfere with the actual or intended use of the land or interest therein (including the lien of a community facilities district so long as the subject property is exempt from taxation or is otherwise not taxable by such community facilities district). Upon the transfer of property ownership of the Acquisition Facility or any portion thereof to the City, the City shall be responsible for the maintenance of such Acquisition Facility or the portion transferred. Notwithstanding the foregoing, the acquisition price of an Acquisition Facility may be paid prior to transfer of property ownership and acceptance of the Acquisition Facility if it is substantially completed at the time of payment.
The Acquisition Facility shall be considered “substantially complete” when it has been reasonably determined by the City to be usable, subject to final completion of “punch list” items, such items still required to be completed based solely upon approval of the City’s inspectors.
Except with respect to Acquisition Facilities Completed Prior to Formation, for purposes of determining the acquisition price to be paid by the CFD for the acquisition of each Acquisition Facility by the City, the value of such Acquisition Facility shall include the construction costs specified in the City-approved contracts and the City-approved change orders conforming to this Section 6, as hereinbefore specified. The City approval is a condition prior to initiation of contract work. However, if the City reasonably determines that the additional Actual Costs are excessive and
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11 that the value of the Acquisition Facility is less than the total amount of such Actual Costs and such construction costs, the price to be paid for the acquisition of the Acquisition Facility shall be the value thereof as determined by the City Engineer Representative, subject, however, to the Property Owner’s right to appeal to the City Council.
Upon completion of the construction of an Acquisition Facility, the Property Owner shall deliver or cause to be delivered to the City a Payment Request in substantially the form of Exhibit “E,” attached hereto, copies of the contract(s) with the contractor(s) who have constructed the Acquisition Facility and other relevant documentation with regard to the payments made to such contractor(s) and each of them for the construction of the Acquisition Facility, documentation evidencing payment of prevailing wages, and shall also provide to the City invoices and purchase orders with respect to all equipment, materials, and labor purchased for the construction of the Acquisition Facility. The City shall require the City Engineer Representative to complete its determination of the acquisition price of the Acquisition Facility as promptly as is reasonably possible.
Notwithstanding the preceding provisions of this Section, the source of funds for the acquisition of the Acquisition Facility or any portion thereof shall be funds on deposit or that become available in the Other Facilities Account of the Improvement Fund. If no such funds are available, the City shall not be required to acquire the Acquisition Facility from the Property Owner. In such event, the Property Owner shall complete the design and construction and offer to the City property ownership of such portions of the Acquisition Facility as are required to be constructed by the Property Owner as a condition to recordation of subdivision maps for the Property, but need not construct any portion of the Acquisition Facility which it is not so required to construct. The offer of the property ownership to the City may be made with the expectation that payment may be made later should Bond proceeds become available.
(h) Easements and/or Fee Title Property Ownership Deeds. The Property Owner shall, at the time the City acquires the Acquisition Facility as provided in Section 6(g) hereof, grant or cause to be granted to the City, by appropriate instruments prescribed by the City, all easements across private property and/or fee title property ownership deeds which may be reasonably necessary for the proper operation and maintenance of such Acquisition Facility, or any part thereof. (i) Permits. The Property Owner shall be responsible for obtaining all necessary construction permits and encroachment permits from the City covering construction and installation of the Acquisition Facility.
(j) Maintenance. Prior to the transfer of property ownership of an Acquisition Facility by the Property Owner to the City, as provided in Section 6(g) hereof, the Property Owner shall be responsible for the maintenance thereof and shall require its contractor(s) to repair all facilities damaged by any party, prior to acceptance by the City and/or make corrections determined to be necessary by the City’s inspection personnel.
(k) Inspection of Records. The City shall have the right to review all books and records of the Property Owner pertaining to the costs and expenses incurred by the Property Owner for the design and construction of the Acquisition Facility during normal business hours by making arrangements with the Property Owner. The Property Owner shall have the right to review all books and records of the City pertaining to costs and expenses incurred by the City for services of the City
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12 Engineer Representative by making arrangements with the City and paying the City the City’s estimated costs for such services in advance.
(l) Property Ownership of Improvements. Notwithstanding the fact that some or all of the Acquisition Facility may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated to the City, each Acquisition Facility shall be and remain the property of the Property Owner until acquired by the City as provided in this Agreement. (m) Materials and Workmanship Warranty. Property Owner shall provide materials and workmanship warranties as set forth in the SIA.
(n) Insurance Requirements. Neither the Property Owner nor its contractor shall commence work on a Facility under this Agreement prior to obtaining all insurance required by the SIA for such Facility with a company or companies acceptable to the City, nor shall the Property Owner’s contractor allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained.
The Property Owner shall, during the life of this Agreement, notify the City in writing of any incident giving rise to any potential bodily injury or property damage claim and any resultant settlements, whether in conjunction with this or any other project which may affect the limits of the required coverage, as soon as is reasonable and practical. (o) Independent Contractor. In performing this Agreement with respect to the Acquisition Facilities, the Property Owner is an independent contractor and not the agent of the City.
The City shall not have any responsibility for payment to any contractor, subcontractor, or supplier of the Property Owner. It is not intended by the Parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed.
7. Indemnification.
(a) Indemnification by the School District. The School District shall assume the defense of, indemnify and save harmless, the City, its officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses, or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the School District with respect to this Agreement and the issuance of the Bonds; provided, however, that the School District shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents, or employees.
(b) Indemnification by Property Owner. Property Owner shall assume the defense of, indemnify and save harmless, the School District, the CFD, and the City, their respective officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses, or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of Property Owner with respect to this Agreement; provided, however, that Property Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents, or employees.
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13 (c) Indemnification by the City. The City shall assume the defense of, indemnify and save harmless, the School District, the CFD and their respective officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses, or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the City with respect to this Agreement, and the design, engineering, and construction of the City Fee Facilities constructed by the City and Acquisition Facilities acquired by the City; provided, however, that the City shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents, or employees.
8. Allocation of Special Taxes. The entire amount of any Special Taxes levied by the CFD to repay Bonds, or to fund other obligations, shall be allocated to the CFD.
9. Amendment and Assignment. This Agreement may be amended at any time but only in writing signed by each Party hereto. This Agreement may be assigned, in whole or in part, by the Property Owner to the purchaser of any parcel of land within the Property provided, however, such assignment shall not be effective unless and until the City and the School District have been notified, in writing, of such assignment and the assignment specifies whether the Property Owner or such assignee is authorized to execute disbursement requests and whether the Property Owner or such assignee is to be reimbursed for Advances which have not been reimbursed at the time of such notice.
10. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement.
11. Notices. Any notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication required or permitted by this Agreement to be given or delivered to any other Party shall be deemed to have been received (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, email, telegram or telecopier upon the sender’s receipt of an appropriate answer back or other written acknowledgement from the addressee of successful transmission, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery, addressed as follows:
School District: Hemet Unified School District
1791 W. Acacia Avenue
Hemet, CA 92545
Attention: Deputy Superintendent, Business Services
Telephone: (951) 765-5100
Email: [email protected]
With a copy to: James F. Anderson Law Firm, A Professional Corporation 24001 Calle Magdalena, #3348
Laguna Hills, CA 92654
Attn: James F. Anderson, Esq.
Email: [email protected]
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14 City: City of Hemet
445 E. Florida Avenue
Hemet, CA 92543
Attention: Mark Prestwich City Manager
Telephone: (951) 765 2301
Email: [email protected]
With a copy to: Cole Huber LLP
2855 East Guasti Road, Suite 402Ontario, CA 91761
Attention: Steven P. Graham, City Attorney
Telephone: (909) 230-4209
Email: [email protected]
Property Owner: Pulte Homes
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
Attention: Matt Matson, Project Manager
Email: [email protected]
With a copy to: O’Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
Attention: Sandra Galle
Phone: (949) 798-0725
Email: [email protected]
Each Party may change its address for delivery of notice by delivering written notice of such change of address to the other Parties hereto.
12. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference.
13. Attorney’s Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorney’s fees.
14. Interpretation in the Event of Ambiguities or Disputes. The Parties acknowledge and agree that each has been given the opportunity to review this Agreement with legal counsel independently, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. In the event of an ambiguity in or dispute regarding the interpretation of same, the interpretation of this Agreement shall not be resolved by any rule of interpretation providing for interpretation against the Party who causes the uncertainty to exist or against the drafter.
15. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
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15 16. Governing Law; Venue. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State. Venue of any action brought hereunder will be in the Superior Court of the State within Riverside County, California, and the Parties consent to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding. The Parties expressly waive any right to transfer venue, including but not limited to, any right to transfer venue pursuant to California Civil Code Section 394.
17. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by any other Party hereto, or the failure by a Party to exercise its rights upon the default of any other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by such other Party with the terms of this Agreement thereafter.
18. No Third-Party Beneficiaries. No person or entity other than the CFD, when and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the School District, the CFD, and Property Owner (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations, or liabilities under or by reason of this Agreement.
19. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument.
21. Termination. This Agreement shall terminate upon the earliest occurrence of the following events: (a) the dissolution pursuant to section 53338.5 of the Act of the CFD; or (b) the written agreement of the City, the School District, and the Property Owner to terminate this Agreement. Notwithstanding the foregoing, this Agreement shall remain in full force and effect for as long as any Bonds are outstanding.
22. Captions. Captions to sections of this Agreement are for convenience purposes only and are not part of this Agreement.
[Signature Page Follows]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written above.
“SCHOOL DISTRICT”
HEMET UNIFIED SCHOOL DISTRICT
By:______________________________________
Darrin Watters,
Deputy Superintendent, Business Services
“CITY”
CITY OF HEMET
By:
ATTEST:
By: ____________________________
APPROVED AS TO FORM:
By: ____________________________
“PROPERTY OWNER”
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By: __________________________
Name:
Title:
[Signature page to Joint Community Facilities Agreement relating to Community Facilities District No. 2023-3 of the Hemet Unified School District by and among Hemet Unified School District, the City of Hemet, and Pulte Home Company, LLC, a Michigan limited liability company.]
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EXHIBIT “A”
COMMUNITY FACILITIES DISTRICT NO. 2023-3
OF THE HEMET UNIFIED SCHOOL DISTRICT
DEPICTION OF PROPERTY
[ATTACHED]
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B-1
EXHIBIT “B”
COMMUNITY FACILITIES DISTRICT NO. 2023-3
OF THE HEMET UNIFIED SCHOOL DISTRICT
DESCRIPTION OF PROPERTY
Real property in the City of Hemet, County of Riverside, State of California, described as follows:
Riverside County Assessor’s Parcel Numbers
460-010-008
460-010-009
460-010-010
460-010-011
460-020-005
460-020-006
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C-1
EXHIBIT “C”
COMMUNITY FACILITIES DISTRICT NO. 2023-3
OF THE HEMET UNIFIED SCHOOL DISTRICT
CITY FEE FACILITIES DESCRIPTION
1. City Fee Facilities. The type of City Fee Facilities eligible to be financed by the CFD under the Act consist of property or improvements, or both to be owned by the City of Hemet (the “City”), including, but not limited to, the construction, acquisition, modification, expansion, maintenance and/or rehabilitation of the capital improvements authorized to be financed with City development impact fees (“DIF”) (which does not include any impact fees passed through to a Riverside County agency (e.g., Western Riverside Council of Governments Transportation Uniform Mitigation Fee)), including, but not limited to, interchange improvements, streets and street improvements, traffic signalizations, storm drains, flood control, sewer, water, capital improvements, trails, fire facilities, police facilities, public safety, parkland facilities, park facilities, recreation center facilities, open space facilities, library facilities, City Hall facilities, corporate yard facilities, maintenance facilities, animal shelter facilities, government services, community amenities, and all appurtenances and appurtenant work in connection with the foregoing, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such City Fee Facilities, and any other expense incidental to the construction, acquisition, modification, expansion or rehabilitation of such City Fee Facilities, all as permitted under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended.
The amount of the City Fee Facilities will be based on the applicable fee schedule, which is subject to change.
2. Acquisition Facilities. The types of Acquisition Facilities eligible to be financed by the CFD under the Act shall consist of capital improvements, including, but not limited to, interchange improvements, streets and street improvements, traffic signalizations, storm drains, flood control, sewer, water, capital improvements, trails, parkland facilities, and park facilities, including all costs of site acquisition, planning, designing, engineering, legal services, materials testing, coordination, surveying, construction staking, construction inspection and any and all appurtenant facilities to the foregoing required to serve the Property. The facilities listed above are representative of the types of facilities eligible to be financed by the CFD as Acquisition Facilities. Detailed scope and limits of specific projects will be determined by the Builder and the City, as appropriate, consistent with the standards of the City.
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D-1
EXHIBIT “D”
COMMUNITY FACILITIES DISTRICT NO. 2023-3
OF THE HEMET UNIFIED SCHOOL DISTRICT
DISBURSEMENT REQUEST FORM
(City Fee Facilities)
1. Community Facilities District No. 2023-3 of the Hemet Unified School District (the “CFD”) is hereby requested to pay from the CFD bond proceeds to the City of Hemet (the “City”), as Payee, or to the City’s designee, the sum set forth in 3 below.
2. The undersigned certifies that the amount requested for City Fee Facilities is due and payable, has not formed the basis of prior request or payment, and is being made with respect to the City Joint Community Facilities Agreement, by and among Hemet Unified School District, the City, and Pulte Home Company, LLC, a Michigan limited liability company, dated as of September 12, 2023 (the “JCFA”) relating to the CFD.
3. Amount requested: $________________
For Tract / Lot Nos: ______________
4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the JCFA. Capitalized terms not defined herein shall have the meaning set forth in the JCFA. [Remainder of Page Intentionally Left Blank]
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D-2
PROPERTY OWNER
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
_____[Form, do not sign]____________________
Name:
Title:
CITY OF HEMET
By: [Form, do not sign]
Name:
Title:
ATTEST:
By: [Form, do not sign]
Clerk of the City
cc: City Finance Dept.
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E-1
EXHIBIT “E”
COMMUNITY FACILITIES DISTRICT NO. 2023-3
OF THE HEMET UNIFIED SCHOOL DISTRICT
PAYMENT REQUEST FORM — ACQUISITION FACILITIES —
OTHER FACILITIES ACCOUNT OF THE IMPROVEMENT FUND
Hemet Unified School District (“School District”), the City of Hemet (the “City”), and [Pulte Home Company, a Michigan limited liability company (“Property Owner”) are parties to the Joint Community Facilities Agreement, dated as of September 12, 2023 (the “City JCFA”).
Capitalized undefined terms used herein shall have the meanings ascribed thereto in the City JCFA.
Pursuant to the City JCFA, Property Owner hereby requests approval of the acquisition price of the Acquisition Facility(ies) described in Attachment A attached hereto. In connection with this Payment Request, Property Owner hereby represents and warrants to the City as follows:
(a) The person executing this Payment Request is qualified to execute this Payment Request on behalf of Property Owner and knowledgeable as to the matters set forth herein. (b) The Acquisition Facility(ies) have been constructed in accordance with the Plans therefor, and in accordance with all applicable City standards, the requirements of the City JCFA, and the requirements of the Subdivision Improvement Agreement, by and between the City and Pulte Home Company, a Michigan limited liability company.
(c) The true and correct Actual Cost of the Acquisition Facility(ies) is set forth in Attachment A.
(d) Property Owner has submitted or submits herewith to the City the contracts, invoices, receipts, worksheets, and other evidence of Actual Costs which are in sufficient detail to allow the City Engineer Representative to verify the Actual Cost of the Acquisition Facility(ies) for which payment is requested.
(e) There are no liens, rights to lien or attachment upon, or claims affecting the right to receive the payment requested herein which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. Copies of lien releases for all work for which payment is requested hereunder are attached hereto.
Property Owner hereby declares under penalty of perjury that the above representations and warranties are true and correct.
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E-2
Property Owner hereby requests that the acquisition be paid to the person or persons, in the amount set forth in Attachment B hereto.
“PROPERTY OWNER”
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By: _____[Form, do not sign]__________________
Name:
Title:
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E-3
CONFIRMATION AND APPROVAL BY THE CITY
The City has (a) confirmed that the Acquisition Facility(ies) described in Attachment A is complete and was constructed in accordance with the Plans therefor, and (b) reviewed, verified, and approved the acquisition price of such Acquisition Facility(ies). Such Acquisition Facility(ies) is/are complete and the acquisition price therefor eligible for payment is $__________. The amount to be paid and the payee(s) are described in Attachment B.
Date: AUTHORIZED REPRESENTATIVE OF
THE CITY
By: _____[Form, do not sign]_______________
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A-1
ATTACHMENT A
Acquisition Facility Actual Cost Acquisition Price
Total Acquisition Price to be Paid:
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B-1
ATTACHMENT B
ACQUISITION PRICE PAYMENT INSTRUCTIONS
[Include name and address of payee and wire transfer instructions]
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E-1
EXHIBIT “F”
FORM OF SUBDIVISION IMPROVEMENT AGREEMENT
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G-1
EXHIBIT “G”
$__________
COMMUNITY FACILITIES DISTRICT NO. 2023-3
OF THE HEMET UNIFIED SCHOOL DISTRICT
20__ SPECIAL TAX BONDS
CERTIFICATE OF THE CITY OF HEMET
WHEREAS, Community Facilities District No. 2023-3 of the Hemet Unified School District (the “CFD”) is issuing the above-captioned bonds (the “Bonds”) for the purpose of financing certain infrastructure capital improvements, including the capital expenditures of facilities owned by the City of Hemet (the “City”);
WHEREAS, the CFD will make available to the City $__________ of Bond proceeds (the “Proceeds”);
WHEREAS, the City has read and understands the restrictions of the Tax Certificate (the “Tax Certificate”) of the CFD, dated __________, 20__, with respect to the Bonds; NOW, THEREFORE, the City covenants the following:
1. The City will expend the Proceeds on capital costs (the “Costs”) paid to third parties for City improvements or equipment (the “City Project”).
2. The City will maintain records regarding the investment and expenditure of the Proceeds and the usage of the City Project.
3. The City will cooperate with the CFD regarding compliance with the terms of the Tax Certificate, including remitting any rebatable arbitrage on the Proceeds, if any, to the CFD to comply with the restrictions of Section 148(f) of the Code.
4. None of the City Proceeds will be subject to Private Use (as defined in the Tax Certificate) absent consent of the CFD.
All terms not defined herein have the meaning ascribed in the attached Tax Certificate.
Dated: _________, 20__ CITY OF HEMET
By: [Form, do not sign]
[Name]
[Title]
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0\
'toFl SHEET
JUNE 2023 DATE
JOB NO. CFO2023-3
SDFA
SPECIAL DISTRICT FINANCING
& AOMINISTMTION
437 WEST GRAND AVENUE
ESCONDIDO. CALIFORNIA 92025
TELEPHoNE: (760)233-2630
SDFA.COM
PROPOSED BOUNDARY MAP OF COMMUNITY
FACILITIES DISTRICT NO. 2023.3
OF THE HEMET UNIFIED SCHOOL DISTRICT
COUNW OF RIVERSIDE
STATE OF CALIFORNIA
LOT DESIGMTION
46G010-011
2 FILED IN THE OFFICE OF THE CLERK OF THE GOVERNING BOARD OFTHE HEMET UNTFTED SCHOOL DISTRICTTHIS alh OAY OF sur€ ,20!aa.
FrLED THts l.lrth ony op f,utq , zo Ll , n raeHouR oF llllllll_ o'cLocK -_&j.M. lN BooK 4l , = . . oF MAPS oF ASSES-MENT AND COMMUNII"/ FACILITIES DISIRLCTS AT PAGES - Ju---, er'ro ns rNsrnuuErr No. Ao1l - 0rl4ql?. =, lN_rHE OTTICES OT THE COUNTY RECOROER OF RIVERSIDE COUNTY. STATE OF CALIFORNIA.
460.01G008
b M
CLERK OF THE GOVERNING BOAROHEMET UNIFIED SCHOOL DISTRICT
STATE OF CALIFORNIA
FEEI $ 4
I HEREBY CERTIFY TI.IAT THE WTHIN MAP SHOWNG THE PROPOSEDBOUNDARIES OF COMMUNIW FACILITIES DISTRICT NO 202}3 OF THEHEMET UNIFIED SCHOOL OISTRICT, RIVERSIDE COUNW. STATE OF CALIFORNIA, WAS APPROVED BY THE GOVERNING BOARD OF THEHEMET UNIFIEO SCHOOL DISTRICT AT A REGULAR MEETING THEREOF,HELD oN rHE Fl+t-9AY oF 5 ily , 20a1. BY lrsRESOLUTTON NO. __'3ClO€,_.
C)^*.gi}tnnr)'t-' CLERK OF THE GOVERNING BOARD
HEMET UNIFIED SCHOOL DISTRICT
STATE OF CALIFORNIA
COUNry OF
THORNTON AVENUE
I
I
..1
lr
LEGENO:
200
e LOT NUMBER
ASSESSOR'S PARCEL NO.
,160-02G00546G020-006
LOT NO.
3 4
Scal6 ln F@t
400
COMMUNITY FACILITIESDISTRICT BOUNOARY
FOR PARTICULARS OF LINES ANDDIMENSIONS OF ASSESSORS PARCELSREFERENCE IS MADE TO RIVERSIDE
COUNTY ASSESSOR'S PARCEL MAP,
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting Public Improvements Associated with Stoney Mountain Ranch Tracts 29129-7, 29129-8 and 29129-9 and Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bonds to 25% for these Public Improvements and Subsequently Release the Bonds In Accordance with the Provisions of the Subdivision Improvement Agreements (Generally Located South of Esplanade Ave., East of Warren Road, and West of Cawston Ave).
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Accepting Public Improvements Associated with Stoney Mountain Ranch Tracts 29129-7, 29129-8 and 29129-9 and Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bonds to 25% for these Public Improvements and Subsequently Release the Bonds In Accordance with the Provisions of the Subdivision Improvement Agreements (Generally Located South of Esplanade Ave., East of Warren Road, and West of Cawston Ave).
BACKGROUND:
At a regularly scheduled City Council meeting held on February 25, 2020, the City Council approved a Subdivision Improvement Agreement (SIA) between Jeffrey MDM Partners VII, LLC (Developer) and the City of Hemet, for Tract 29129-7 and accepted the Faithful Performance Bond and Labor & Material Bond (Bonds). At a regularly scheduled City Council meeting held on June 9, 2020, the City Council approved SIAs, for Tracts 29129-8 and 29129-9 and accepted Bonds. The SIAs obligate the developer to complete the required public improvements which are detailed in said agreements.
ANALYSIS:
The Developer was required to construct, or cause to be constructed, improvements that were identified in the various improvement plans that each subdivision improvement agreement identified. The public improvements have been completed and inspected to the satisfaction of the City Public Works
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Inspector. Certified record drawings have been provided for the public improvements as required by Section 10.3 of the Subdivision Improvement Agreement.
SIA Section 12.2 "Partial Release" of the Existing Agreements allows the City Council to partially release a portion of the Bonds as the public improvements are accepted by the City. The Developer will be required to file a Notice of Completion with the Riverside County Recorder's office upon City Council acceptance of the public improvements to signify the completion of public improvements and to transfer ownership of the improvements to the City
DISCUSSION:
The Engineering Division has performed inspections and prepared punch lists. The developer has completed the punch list work allowing the City Engineer to recommend that the public improvements be accepted, the bonds be reduced to 25% of their initial amounts, and the one-year warranty period be commenced in accordance with Section 11 of the SIAs.
The SIAs allow the City Engineer to release the Labor & Material Bonds after six months from the date that the City accepts the public improvements provided no stop notice claims have been received. The Performance Bond may be fully released by the City Engineer after the one-year warranty period has expired in accordance with Section 11 of the SIAs.
The developer has also provided all monumentation documents that have been verified, plan checked, and approved by the Engineering Division.
PREVIOUS COUNCIL ACTION:
• The City Council approved the Subdivision Improvement Agreement for Tract 29129-7 on February 25, 2020.
• The City Council approved the Subdivision Improvement Agreement for Tract 29129-8 on June 9, 2020.
• The City Council approved the Subdivision Improvement Agreement for Tract 29129-9 on June 9, 2020.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
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There are no impacts to the General Fund with this City Council action.
ALTERNATIVE(S):
1. Do not accept improvements and approve the reduction of the labor and materials bond each Tract to 25% of the initial amount.
2. Provide alternative direction to the City Manager.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution Accepting Improvement and Authorizing Bond Reductions and Subsequent Release
Attachment 2 - Jeffrey MDM Partners VII, LLC_Subdivision Improvement Agreement TM 29129- 7_C.1202
Attachment 3 - Jeffrey MDM Partners VII, LLC_Subdivision Improvement Agreement Tract Map No. 29129-8_C.1200
Attachment 4 - Jeffery MDM Partners VII, LLC_Subdivision Improvement Agreement Tract Map No 29129-9_C.1201
Attachment 5 - Final COAs Tract 29129
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City of Hemet Resolution No. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, ACCEPTING
PUBLIC IMPROVEMENTS ASSOCIATED WITH
STONEY MOUNTAIN RANCH TRACTS 29129-7,
29129-8 AND 29129-9 AND AUTHORIZING THE
CITY ENGINEER TO REDUCE THE FAITHFUL
PERFORMANCE AND MATERIAL AND LABOR
BONDS TO 25% FOR THESE PUBLIC
IMPROVEMENTS AND SUBSEQUENTLY
RELEASE THE BONDS IN ACCORDANCE WITH
THE PROVISIONS OF THE SUBDIVISION
IMPROVEMENT AGREEMENT (GENERALLY
LOCATED SOUTH OF ESPLANADE AVE., EAST
OF WARREN ROAD, AND WEST OF CAWSTON
AVE.)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, A Subdivision Improvement Agreement (SIA)
for Tract 29129-7, with Jeffrey MDM Partners VII, LLC Acquisition, (“Developer”), was approved by the City of Hemet on February 25, 2020; and
WHEREAS, Subdivision Improvement Agreements (SIAs)
for Tracts 29129-8 and 29129-9, with Jeffrey MDM Partners VII, LLC Acquisition, (“Developer”), were approved by the City of Hemet on June 9, 2020; and
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City of Hemet Resolution No. 2023-xxx
WHEREAS, the Developer provided Faithful Performance
Bond and Labor & Material Bond (Bonds) that were accepted for security by the City with the approval of the SIAs; and WHEREAS, the Developer has completed the required
public improvements for Tracts 29129-7, 29129-8, 29129-9 including as-built record drawing for said improvements; and WHEREAS, the City of Hemet Public Works Inspector
initially inspected the public improvements and provided the developer with a punch list of repairs to complete prior to City acceptance; and
WHEREAS, the Developer has completed the punch list
work to the acceptance of the City Public Works Inspector; and WHEREAS, the City Engineer recommends that the City
Council accept the public improvement associated with Tracts 29129-7, 29129-8, 29129-9; and
WHEREAS, The Developer will be required to file a Notice of Completion with the Riverside County Recorder's office upon City Council acceptance of the public improvements to signify the completion of public improvements and to transfer ownership of the improvements to the City; and
WHEREAS, SIA Section 12.2 "Partial Release" of the
Existing Agreements allows the City Council to partially release a portion of the Bonds down to 25% of the original amount as the public improvements are accepted by the City; and
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City of Hemet Resolution No. 2023-xxx
WHEREAS, The SIAs allows the City Engineer to release
the Labor & Material Bonds after six months form the date that the City accepts the public improvements provided no stop notice claims have been received; and
WHEREAS, The Performance Bond may be fully released
after the one-year warranty period has expired in accordance with Section 11 of the SIAs; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are
hereby adopted as findings in support of this Resolution.
SECTION 2. the public improvements associated with
Tracts 29129-7, 29129-8, 29129-9 are accepted by the City and the one-year warranty period herby commences.
SECTION 3. The City Engineer is authorized to immediately reduce the Bonds to 25% of the original amounts.
SECTION 4. The City Engineer is authorized to
subsequently release the Bonds in accordance with the terms of the SIAs.
SECTION 5. EFFECTIVE DATE - This Resolution shall
become effective upon adoption.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 12th day of
September, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of September, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)
CITY OF HEMET
Attn: City Manager
445 East Florida Avenue
Hemet, California 92543
r l l l : • • . l
07/ 02/ 2020 09: 03 AM Fee: $ 0. 00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder
Vqt
THIS SPACE FOR RECORDER' S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP No. 29129- 7
By and Between
THE CITY OF HEMET,
a municipal corporation
and
Jeffrey MDM Partners VII, LLC
a California limited liability company
Dated: February 25, 2020
R1V # 4836- 3917- 8284 Q. 1r2 PREPARED 11/ 25/ 2019 REV 12/ 2/ 19, REV 2/ 6/ 20
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SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP No. 29129- 7
This Subdivision Improvement Agreement (" Agreement") is entered into as of this 10th day of December, 2019 by and between the City of Hemet, a municipal corporation (" City") and Jeffrey MDM Partners VII, LLC, a California limited liabili , company (" Developer"). City and Developer are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."
RECITALS
A. Developer has submitted to City an application for approval of a final Tract Map for real property located within City, a legal description of which is attached hereto as Exhibit A". The Tract Map is identified in City records as Tract Map No. 29129- 7. On September 21, 1999 the City conditionally approved Tract Map No. 29129.
B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act ( Government Code sections 66410 et seq.), Map Act") the City Ordinances, the conditions of approval for Tract Map No. 29129- 7, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
C. Pursuant to City Ordinances and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract Map No. 29129- 7.
D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 — 66499. 10.
E. Pursuant to Government Code Section 66499, Developer' s execution of this Agreement and the provision of the security are made in consideration of City' s approval of the final map for Tract Map No. 29129- 7.
DEFINED TERMS
Developer" shall mean Jeffrey MDM Partners VII, LLC, a California limited liability company.
The term " Developer" shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor - in -interest to Developer having a legal and/ or equitable interest in the Property.
Estimated Costs" shall mean the City Engineer' s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping.
Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or RIV # 4836- 3917- 8284 Q. 1r1 - I -
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proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators, witness fees ( both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.
Map Act" shall mean the Subdivision Map Act, Government Code Sections 66410 et seq.
Property" shall mean the all of the real property contained within the boundaries of Tract Map No. 29129- 7 located in the City of Hemet, California, as is more particularly described in the legal description and parcel diagram attached hereto and incorporated hereby by reference at Attachment " A".
Public Improvements" shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Tract Map No. 29129 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 29129- 7. The Parties agree that the Public Improvements to be completed by Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Attachment ` B. Notwithstanding, Attachment ` B", Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Tract Map No. 29129 a full copy of which is on file with and may be obtained from the Engineering Department of the City of Hemet.
Required Insurance" shall mean the insurance required to be maintained by Developer under Section 17.
Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other security approved by City Engineer or City Attorney.
Tract Map No. 29129- 7" shall mean the final map prepared and approved by the City for Tentative Tract Map No. 29129.
Warranty" shall mean the one- year period following completion of the Public Improvements by Developer and the acceptance ofthe Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration ofthe mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four (4) of the following conditions are satisfied in the order provided:
RIV 44836- 3917- 8284 Q. Ir2 - 2 -
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1. 1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;
1. 2 Final Map and Apareement Approval. The City Council ofthe City (" City Council") approves the final map for Tract Map No. 29129- 7 and this Agreement;
1. 3 Record Asreement. Developer and City execute the Agreement and City records this Agreement in the Recorder' s Office of the County of Riverside; and
1. 4 Record Final Map. Developer records the final map for Tract Map No. 29129- 7 in the Recorder' s Office of the County of Riverside.
If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Developer.
2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall include any transitions and/ or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system.
Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.
2. 1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.
2. 2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer' s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.
2. 3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
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2.4 Ouality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2. 5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2. 6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. Ifduring the course ofconstruction and installation ofthe Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereofto Developer' s surety for this Agreement.
2. 7 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit " D" hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable for the maintenance or care ofthe Public Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person ofthe Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City' s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer' s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the RIV # 4836- 3917- 8284 Q. 1r2 - 4-
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responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4. 1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within one year ( 12 months) following approval of the final map for Tract Map No. 29129- 7.
4. 1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12. 0 et M. of this Agreement, Developer and its surety consent 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). Developer' s acceptance of an extension of time granted 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 Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City' s reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer' s intent to abandon or otherwise not complete required or agreed upon Public Improvements.
4.3 Developer Obligations Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 4. 1 or 4. 2, Developer' s failure to complete the Public Improvements or to otherwise satisfy all conditions of approval, or City' s non -extension of the time referenced in those sections shall not terminate or otherwise relieve the Developer of the obligation to complete the Public Improvements and conditions of approval and such obligations shall survive the term of this Agreement and shall survive until satisfied in full unless waived or modified by formal action of the City Council.
5. GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract Map No. 29129- 7 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City' s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
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grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12. 0 et M. of this Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract Map No. 29129- 7 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City' s jurisdictional limits. All utilities shall be installed underground.
7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract Map No. 29129- 7, or as required by other governmental agencies having jurisdiction over Tract Map No. 29129- 7.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all times during construction ofthe Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City ofthe Public Improvements and areas where construction ofthe Public Improvements is occurring or will occur.
If the City inspector requests it, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control ofthe individual workmen on the job site. City' s inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney' s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS -BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are R1V # 4836- 3917- 8284 Q. 1r2 - 6 -
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grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12. 0 et M. of this Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract Map No. 29129- 7 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements ofthe cable company possessing a valid franchise with City to provide such service within City' s jurisdictional limits. All utilities shall be installed underground.
7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract Map No. 29129- 7, or as required by other governmental agencies having jurisdiction over Tract Map No. 29129- 7.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City ofthe Public Improvements and areas where construction ofthe Public Improvements is occurring or will occur.
If the City inspector requests it, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control ofthe individual workmen on the job site. City' s inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney' s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS -BUILT OR RECORD
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complete, which shall not release or modify Developer' s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
10. 1 Developer' s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder' s Office ofthe County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
10. 2 City Acceptance ofPublic Improvements. IfTract Map No. 29129-7 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City' s acceptance or approval of any Public Improvements.
10. 3 Developer' s Obligation to Provide As -Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one ( 1) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one ( 1) year following completion of the work and acceptance by City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following City' s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer' s warranty obligation under this section shall survive the expiration or termination of this Agreement.
12. SECURITY; SURETY BONDS. Prior to City' s approval and execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below. The amount ofthe Security shall be based on the City Engineer' s Estimated Costs.
If City determines at any time prior to Developer' s completion of the Public Improvements under Section 4 [ Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer' s compliance with this provision ( Section 12. 0 et seg.) shall in no way limit or modify Developer' s indemnification obligation provided in Section 16. 0 of this Agreement.
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12. 1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 18. 0 et seq. of this Agreement, and to secure Developer' s one- year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of eight hundred fifty-two thousand and 00/ 100 dollars ($852, 000. 00), which sum shall be not less than one hundred percent ( 100%) of the Estimated Costs.
12. 2 Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 29129- 7, and the total remaining Security is not less than twenty-five percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end ofthe Warranty period, or any extension thereof as provided in Section 11. 0 ofthis Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 29129- 7.
12. 3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of eight hundred fifty-two thousand and 00/ 100 dollars 852, 000.00), , which sum shall not be less than one hundred percent ( 100%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent ( 20%) of such claims for reimbursement of City' s anticipated administrative and legal expenses arising out of such claims.
12. 4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best' s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall 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. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
12. 5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment " C", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Attachment " C" and incorporated herein by this reference.
12. 6 Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City' s realization under any Security instrument, and to take no RIV #4836-3917- 8284 Q. 1r2 - 8 -
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action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.
13. MONUMENT SECURITY. Prior to City' s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract Map No. 29129- 7 in compliance with the applicable provisions of City' s Municipal and/ or Development Code (" Subdivision Monuments"), Developer shall deposit cash with City in the amount oftwelve thousand nine hundred sixty and 00/ 100 dollars ($12, 960. 00), which sum shall not be less than one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract Map No. 29129- 7.
14. LIEN. To secure the timely performance of Developer' s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections
12. 0 et sec . and 13. 0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer' s default on those obligations for which security has been provided pursuant to Sections 12. 0 et sem. and 13. 0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
15. SIGNS AND ADVERTISING. Developer understands and agrees to City' s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the summary removal by City, without notice to Developer, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/ or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of RIV # 4836- 3917- 8284 Q. 1r2 - 9 -
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any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer' s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
17. INSURANCE.
17. 1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
17. 1. 1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $ 3, 000, 000 per occurrence for bodily injury, personal injury, and property damage.
17. 1. 2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1, 000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
17. 1. 3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $ 1, 000,000 per occurrence, at all times during which insured retains employees.
17. 1. 4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $ 1, 000,000 per occurrence, shall be procured and maintained for a period of five ( 5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
17. 2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: ( a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
17. 3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall RIV # 4836- 3917- 8284 Q. 1r2 - 10-
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contain standard separation of insured provisions, and shall contain no special limitations on the scope ofits protection to City, its elected officials, officers, employees, agents, and volunteers.
17. 4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
17. 5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. 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 received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
17. 6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City.
17. 7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.
18. DEFAULT; NOTICE; REMEDIES.
18. 1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall commence the work required to remedy the default or violation within ten ( 10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twenty-four ( 24) hours thereof.
Immediately upon City' s issuance of the demand to remedy the default, Developer and its surety shall be liable to City for all costs of construction and installation ofthe Public Improvements and all other administrative costs expenses as provided for in Section 9. 0 of this Agreement.
18. 2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/ or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City' s RIV 44836- 3917- 8284 v2. 1r2 - 11 -
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right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City' s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.
18. 3 Other Remedies. No action by City pursuant to Section 18. 0 et M. ofthis Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
19. GENERAL PROVISIONS.
19. 1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
19. 2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
19. 3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
19.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
CITY:
City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
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DEVELOPER/ OWNER:
Jeffrey MDM Partners VII, LLC, a California
limited liability company
27132B Paseo Espada 41226
San Juan Capistrano, Ca 92575
Attn: Doyle J. Barker
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as ofthe date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as ofthe date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
19. 5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
19. 6 Waiver. City' s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City' s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether ofthe same or similar type. The foregoing shall be true whether City' s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
19. 7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City' s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.
19. 8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
19. 9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
19. 10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
19. 11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or RIV # 4836- 3917- 8284 Q. 1r2 - 13 -
15.I
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
19. 12 Attorneys' Fees and Costs. Ifany arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.
19. 13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 29129- 7, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer.
Developer' s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
19. 14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
19. 15 Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Developer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written.
CITY OF HEMET
By: C//X-"
Christopher""Lopez, City Manager
ATTEST:
Clay -fames, uty City Clerk
RN #4836- 3917- 8284 v2. 1r2 - 14-
15.I
APPROVED AS TO FORM
By: /;
Eric ail, C4 Attorney
SUBDIVIDER/ OWNER
Jeffrey MDM Partners VII, LLCWanager J California limited liability company By: I evelopmeMt Cafp, Its
IN
J. Br*k6r, Its
By:
Jeffr olbrook, Its Vice President
NOTE: DEVELOPER' S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER' S
BUSINESS ENTITY.
RIV # 4836- 3917- 8284 v2. Ir1 - 15 -
15.I
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 n Pp nn sOn ? , 20 c) o before me, htFh Ann a Notary public, personally appeared T_
who proved to me on the basis of satisfactory evidence to be the person( s) whose names(.&) is/ ar_ subscribed to the within instrument and acknowledged to me that he/ she4hey executed the same in his authorized capacity( -i®6), and that by his/heF41;Ieif-signature( s) on the instrument the personH, sj,or the entity upon behalf of which the person(&} acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ELIZABETH ANN DEINDOERFER
COMM. # 2252220 ; WITNESS my hand and official seal.
NOTARY PUBLIC • CALIFORNIA
n ORANGE COUNTY
Comm Exp AUG. 3, 2022 ( &
XTtJRE OP
La/ YI' 1
SIGNAT- LJRE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE( S)
PARTNER( S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE( S)
GUARDIAN/ CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON( S) OR ENTITY( IES)) SIGNERS) OTHER THAN NAMED ABOVE RIV # 4836- 3917- 8284 Q. 1rl
15.I
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
On F , 20070 before me, & 7_.;)btitkiAnn Afandoutbe allotary public, personally appeared 7HT(zrw L. N Lrtylc olC ,
who proved to me on the basis of satisfactory evidence to be the person{) whose names( is/ aF - subscribed to the within instrument and acknowledged to me that he/s executed the same in his/Uop4heir authorized capacityf ics), and that by his/hop4he4 signatures) on the instrument the person), or the entity upon behalf of which the person(-) acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ELIZABETH ANN DEI52220 ER
WITNESS m hand and official seal.
DOE
COMM. ik 2252220 Y
NOTARY PUBLIC CALIfORNU1 0
ORANGE COUNTY
1 1Q 9' W Comm. Exp. AUG. 3, 2022
IYVy i
SIGNA RE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE( S)
PARTNER( S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY- IN- FACT
TRUSTEE( S)
GUARDIAN/ CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON( S) OR ENTITY( IES)) SIGNER( S) OTHER THAN NAMED ABOVE RIV # 4836- 3917- 8284 Q. 1r1
15.I
EXHIBIT " A"
LEGAL DESCRIPTION OF PROPERTY
TRACT MAP No. 29129- 7
The land referred to herein below is situated in the City of Hemet, in the County of Riverside, State of California, and is described as follows:
Lot 9 and portion of Lot 6 and Lettered Lots " QQ", " UU", " VV". " WW", and " III" of Tract No.30261 as shown by Map on file in Book 322 of Maps, Pages 97 through 109 inclusive in the Office of the Riverside County Recorder
RIV # 4836- 3917- 8284 Q. Irl 1 SUBDIVISION IMPROVEMENT AGREEMENT
15.I
EXHIBIT 6( B99-
LIST
B"
LIST OF PUBLIC IMPROVEMENTS
TRACT MAP No. 29129- 7
As provided in his Agreement, Developer shall construct or cause to be constructed all of the Public Improvements identified in the plans listed below:
STREET IMPROVEMENT PLAN ( Tract 29129- 7, Phase 9) dated 8/ 23/ 2006 ( Revision 2 dated 10/ 15/ 2019) consisting of 5 sheets plus sheet 5A prepared by James W. Unland & Associates under the supervision of Chris D. Hopper ( RCE C34821) signed 2/' 27/ 2006 and approved by City Engineer 2/27/2006 to include all approved revisions hereinafter until accepted by City.
STREET LIGHT PLAN (Tract 29129- 7) dated 5/ 18/ 2005 ( Revision 1 dated 9/ 13/ 2019) consisting of 3 sheets prepared by Redlands Engineering Company under the supervision of Gerald E.
McAllister (REE E16160) signed 5/ 18/ 2005 and approved by City Engineer 5/ 18/ 2005 to include all approved revisions hereinafter until accepted by City.
SEWER & WATER IMPROVEMENT PLAN ( Tract 29129- 7, Phase 9) dated 2/ 20/ 2005 Revision 1 dated 10/ 15/ 2019) consisting of 5 sheets prepared by James W. Unland & Associates under the supervision of Chris D. Hopper ( RCE C34821) signed 2/ 21/ 2005 and approved by City Engineer 2/ 21/ 2005 and EMWD 2/ 24/ 2005 to include all approved revisions hereinafter until accepted by City and by EMWD.
INSERT REDUCED SCALE COPY, 8 %Z X 11, OF
APPROVED PLANS AFTER THIS SHEET]
RIV 44836- 3917- 8284 Q.Irl 1 SUBDIVISION IMPROVEMENT AGREEMENT
15.I
7EMENT PLANS
29- 7 (PHASE 9)
HEMET
ar
TYPICAL STREET SECTION
C. O. H. STV. NO. t03 ( MOOrJiCm)
TOPSTONE DRIVE
r. s.
STA. 22+ 76. 54 TO 32+ 84. 40
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sax TYPICAL STREET SECTION c"'.". 3rD. N0. 103 ( wMFWD)
ALABASTER AVENUE
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TOPSTONE DRIVE
STA. 32+ 84. 60 TO 47+ 11. 00
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15.I
EXHIBIT " C"
SURETY BONDS AND OTHER SECURITY
TRACT MAP No. 29129- 7
As evidence of understanding the provisions contained in this Agreement, and of the Developer' s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 852, 000. 00
Surety:
Attorney- in-fact:
Address:
LABOR & MATERIAL BOND PRINCIPAL AMOUNT: $ 852, 000. 00
Surety:
Attorney- in-fact:
Address:
CASH MONUMENT SECURITY:
Amount deposited per Cash Receipt No.
RIV # 4836- 3917- 8284 Q. 1r1
12, 960. 00
Date:
SUBDIVISION IMPROVEMENT AGREEMENT
15.I
PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO
ADJUSTMENT BASED ON FINAL CONTRACT PRICE
BOND NO. 4434844
INITIAL PREMIUM: $ 15, 780. 00
SUBJECT TO RENEWAL
CITY OF HEMET
TRACT MAP No. 29129- 7 IMPROVEMENTS
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Hemet, California (" City") and Jeffrey MDM Partners VII, LLC, a California limited liability company, (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 29129- 7 (" Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated December 10, 2019 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
SureTec Insurance
NOW, THEREFORE, Principal and Company (" Surety"), a corporation organized and existing under the laws of the State of Texas ' and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of eight hundred fifty-two thousand and 00/ 100 dollars ($852, 000. 00), said sum being not less than one hundred percent ( 100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
RIV #4836- 3917- 8284 Q.Ir1 I
SUBDIVISION IMPROVEMENT AGREEMENT
15.I
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one- year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature ofthe Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Costa Mesa , this 7th day of February , 20 19 .
Jeffrey MDM Partners VII, LLC SureTec Insurance Company Principal Sur
y= P 3S D e 0 / W't es ap, ii5 / Y/ana3eR
g4 B
By: y:
Its: C Fo
Jw(" ,
print nam
U'
Attorney -In act
Vanessa Copeland, Attorney - in -Fact
print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
RIV #4836- 3917- 8284 v2. Ir1 2
SUBDIVISION IMPROVEMENT AGREEMENT
15.I
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
On 6,Ej & uC24 - 7. spay before me, Aagn () c12i2k4 Pc' , c_ insert name and title of the officer)
personally appeared - JfCa tri L. iAci ,
who proved to me on the basis of sati factory evidence to be the person(s-) whose namefs) iskawe subscribed to the within instrument and acknowledged to me that he/ s4efthey executed the same in his/ berf#h& authorized capacity( iee}, and that by his/ hei4Wreir signature(* on the instrument the person( s), or the entity upon behalf of which the personfss) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ELIZABETH ANN DEINDOERFER
COMM. # 2252220 3
WITNESS my hand and official seal. NOTARY PUBLIC • CALIFORNIA n ORANGE COUNTY 0
Comm. Exp. AUG. 3, 202
Signature ` n a y, n ( Seal)
15.I
V
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
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 Orange
On
nnn
1VV o before me,
personally appeared
Natassia Kirk - Smith
Vanessa Copeland
Name( s) of Signer( s)
Notary Public,
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/ she/ they- executed the same in his/her/ tlreir authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.
Place Notary Seal Above
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 off ' al al.
w
Signa e:
Signature blic
OPTIONAL ------------------ _---_---__----------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date:
Signer( s) Other Than Named Above:.
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Vanessa Copeland
Individual
Corporate Officer — Title( s):
Partner: Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Individual
Corporate Officer — Title( s):
Partner: Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Rev. 1- 15
NATAS IAKIRK SMITH
Notary Public - California
a
Orange County ;
Commission # 2253818
My Comm. Expires Aug 12, 2022
Place Notary Seal Above
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 off ' al al.
w
Signa e:
Signature blic
OPTIONAL ------------------ _---_---__----------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date:
Signer( s) Other Than Named Above:.
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Vanessa Copeland
Individual
Corporate Officer — Title( s):
Partner: Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Individual
Corporate Officer — Title( s):
Partner: Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Rev. 1- 15
15.I
POA #: 510006
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Eric Lowey, Mark Richardson, Shawn Blume, Kevin Cathcart, Vanessa Copeland its true and lawful Attorney- in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/ 100 Dollars ($ 5, 000, 000. 00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, seated with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey( s)- in- Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on 20 ofApril, 1999.)
In Witness Whereof. SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 6th day of April A. D. 2018 .
SURETEC7
CE PANY
By:
ORANCF
t~u w $` John
Kr
Jr., C ,
State of Texas ss: 7s
County of Harris
On this 6th day of April , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Tcxas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. unr., XENIA CHAS FZ
rPt a i
e' z Notary Public. State of Texas
Comm. Expires 09- 10- 2020
v F • .. • t`
ID 129117659
Xe avez, Notary Public
commission expires September I P2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this - Ki day o rkAWn, 2 , A. D. 9//-
Breiitteaty, Assi tant Secreta
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8: 30 am and 5:00 pm CST.
15.I
BOND NO. 4434844
INITIAL PREMIUM: Listed on Performance Bond
SUBJECT TO RENEWAL
CITY OF HEMET
TRACT MAP No. 29129- 7 IMPROVEMENTS
FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Hemet California (" City") and Jeffrey MDM Partners VII, LLC, a California limited liability company (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 29129- 7 (" Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated December 10, 2019(" Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that ifPrincipal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 ( commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney' s fee in case suit is brought on the bond.
SureTec Insurance
NOW, THEREFORE, Principal and Company (" Surety"), a corporation organized and existing under the laws of the State of Texas , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance ofthe Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of eight hundred fifty-two thousand and 00/ 100 dollars ($ 852, 000. 00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
RIV #4836- 3917- 8284 v2. Ir1 I
SUBDIVISION IMPROVEMENT AGREEMENT
15.I
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees ofthe contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws ofthe State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Costa Mesa , this 7th day of February 20 20 .
Jeffrey MDM Partners VII, LLC
Principal
By: _ KA 4 1L
Its: UO
print name
RIV #4836- 3917- 8284 v2. 1r1
SureTec Insurance Company
Attorney -
Vanessa Copeland, Amey -in -Fact
print name)
2 SUBDIVISION IMPROVEMENT AGREEMENT
15.I
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 f>, 3. 1, r )
On o) c"': b before me, S gliniLk Annrr OCA-ea— ( 11ht, C. insert name and title of the officer) J
personally appeared L - N a
who proved to me on the basis o atisfactory evidence to be the person( e) whose name( s) is/ afe subscribed to the within instrument and acknowledged to me that he/ sUe,C hoy-executed the same in his/ ho4ti4ew- authorized capacity(aes), and that by his/ he4Wt ak signature(s4 on the instrument the person( -s}, or the entity upon behalf of which the person( 4acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
LELIIA
ERTYH ANN DEINDOERFER
COMM. 2252220
WITNESS my hand and official seal. To ouN"
RM
Comm. Exp. AUG. 3, 2022
Signature ayd u,, Q vwr % w, ( Seal)
15.I
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
RIV #4836- 3917- 8284 v2. 1r1 3
SUBDIVISION IMPROVEMENT AGREEMENT
15.I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
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 Orange / )
On before me, Natassia Kirk -Smith Notary Public,
personally appeared Vanessa Copeland
Name( s) of Siper( s)
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/ she/they executed the same in his/her/their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person(, or the entity upon behalf of which the person( s) acted, executed the instrument.
o NATASSIA KIRK• SMITH
Notary Public - California z
Orange County >
r Commission x 2253818
My Comm. Expires Aug 12, 2022
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hind and offic1 ea)
Signatu e: v
Signature o Public
OPTIONAL -
Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date:
Signer( s) Other Than Named Above:
Capacity(ies) Claimed by Signer( s)
Signer' s Name: Vanessa Copeland
Individual
Corporate Officer — Title( s):
Partner: Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Individual
Corporate Officer — Title( s):
Partner: Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Rev. 1- 15
15.I
POA a: 510006
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know AU Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Eric Lowey, Mark Richardson, Shawn Blume, Kevin Cathcart, Vanessa Copeland its true and lawful Attorney- in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/ 100 Dollars ($ 5, 000, 000. 00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on 20" ofApril, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed, 'his ztti day of April , A.D. 2018 .
SURETECCE PANY
VRANp
QJ x 9 '; 0 By:
UJ W Dl John
Kr
Jr., C '
State of Texas ss:
County of Harris
On this 6t:, day of April , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resiurs in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that itc knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.
XENIA CHAVF' r
G, B ii:
Notary Public, Slate of Texas
lVl Ccmrn. Expires 09- 10- 2020
Notary ID 129117659
Xe avez, Notary Public
commission expires September 1 , 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this IAV)— day of W , A. D.
9V
Br t eaty, Assi tant Secreta
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority ofthis power you may call ( TI 3) 812-0800 any business day between 8: 30 am and 5: 00 pm CST.
15.I
LOT INFORMATION
NUMBERED LOTS = 36
LETTERED LOTS = 3
GROSS AREA = 11. 57 ACRES
NET AREA = 8.42 ACRES
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON. THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A
CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: LOTS " A" THROUGH " C" INCLUSIVE. THE DEDICATION IS FOR STREET AND PUBLIC UTILITY PURPOSES.
JEFFREY MDM PARTNERS VII, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY,
BY: DBJ DEVELOPMENT CORPORATION, ITS MANAGING MEMBER
BY:
NAME: ' DOYLE BARKER
BY:
NAME:
NOTARY ACKNOWLEDGEMENT
PRESIDENT
TITLE
VICE PRESIDENT CFO
TITLE
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 als-Naqia
COUNTY OF ni2anc)
E
af
ON F:r'
1 BEFORE ME,
9 1
i
Z ettlh Arta DE.. a'
t
A NOTARY PUBLI , PERSONALLY APPEARED
o
WHO PROVED TO ME ON THE BASIS OF OF SATISFACT
Y EVIDENCE TO BE THE PERSOIV} WHOSE
NAME(1s) IS/* tRE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/ SHEfTFfE'f EXECUTED THE SAME IN HIS/+ C-FR AUTHORIZED CAPACITYAND THAT BY
HIS/ HE
R SIGNATURE( aON THE INSTRUMENT THE PERSONO, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONH ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF
PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
SIGNATURE: MY COMMISSION NO.: Za5? aA
o
NAME: Ei; zabtbi Ann ptlAdetcv4it MY COMMISSION EXPIRES: $ 3 /An MY PRINCIPAL PLACE OF BUSINESS IS: 00.4nt COUNTY
NOTARY 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.
STATE OF CA I , Goo.n: A
COUNTY OF OgAbal: T
ON 5Lbta a &. '],^ 1ez fl BEFORE ME, Eli
Z i,EtL, A. Ik
n 1'
tQ
A NOTARY PUBLIC, PERSONALLY APPEARED kXzv,%V
WHO PROVED TO ME ON THE BASIS OF OF SATISFACTORY
E ENCE TO BE THE PERSON( WHOSE
NAME) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/ 914 EXECUTED THE SAME IN HIS
i tEtR AUTHORIZED CAPACITY( E), AND THAT BY
HIS/ JEER-fCR SIGNATURE(
j ON THE INSTRUMENT THE PERSONO, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(&) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF
PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
SIGNATURE: 9w jl. N MY COMMISSION NO.: aIJSa 1[
NAME: : Zeb W4, n 1k.,& 1n:" MY COMMISSION EXPIRES: a/
a& ess,
MY PRINCIPAL PLACE OF BUSINESS IS: 002 ' 016, Irv, COUNTY
IN THE CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IFFLACrr MAP NO* 29129
7 BEING
A DIVISION OF LOT 99
A PORTION OF LOT6 AND LETTERED LOTS " QQ", " UU", " VV" , " WW" AND III" OF TRACT 30261, AS SHOWN BY MAP ON FILE IN BOOK 322 OF MAPS, PAGES 97 THROUGH 109, INCLUSIVE, IN SECTION 6, TOWNSHIP
5 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN.
PACIFIC COAST LAND CONSULTANTS, Inc. AUGUST, 2019
TAX COLLECTOR'S CERTIFICA I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE
ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY,
MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR
SPECIAL ASSESSMENTS COLLECTED AS TAXES, NOW
A LIEN BUT NOT YET PAYABLE, WHICH ARE
ESTIMATED TO BE $ L2aQ
DATE:
S W1
Mov C?
20_
JON CHRISTENSEN
COUNTYX COLLECTO
BY: , °".', DEPUTY
TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF 9400bb HAS BEEN EXECUTED AND FILED
WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON
THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL
ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE
COUNTY RECORDER ARE
A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE, AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
DATE: [ I (..&nC 20 040
CASH OM : U:
R TAX BOND
JON CHRISTENSEN
COUNTY TA COLLECTO
BY: , DEPUTY
PLANNING COMMISSION STATEMENT I HEREBY STATE THAT THE SUBDIVISION SHOWN ON THIS MAP IS IN ACCORDANCE WITH THE
TENTATIVE TRACT MAP APPROVED AT
A MEETING OF THE PLANNING COMMISSION THE CITY
HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, HELD ON 5rr?: t6M6iA DATE:
1vIMUNITY DEVELOPMENT DIRECTOR
N. P. Kk"(
7 OF
r
PRELIMINARY SOILS REPORT A PRELIMINARY SOILS INVESTIGATION WAS PERFORMED AND
A REPORT WAS PREPARED BY INLAND
FOUNDATION ENGINEERING, INC. ON DECEMBER 15, 1988 AND UPDATED JULY 209 2001, AS REQUIRED BY THE HEALTH AND SAFETY CODE. 4
0:3LO, wC" 01 75
SHEET
1 OF
3 SHEETS
RECORDER'S STATEMENT
DAY OF t) nf 20QLO FILED THIS
IN BOOK
T
3 OF MAPS, AT PAGES AT 3: Ia. --.?. M.
CITY CLERK OF THE CIN OF HEMET AT THE REQUEST OF THE
N0. c; O Q -
5 w-Da5011.
FEE %%.. 1- 3.
PETER ALDANA
RECORDER ASSESSOR - COUNTY CLERK -
BY:
CHICAGO TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE:
SURVEYOR'S STATEMENT
BY ME OR UNDER MY DIRECTION AND IS BASED UPON
A FIELD SURVEY THIS MAP WAS PREPARED
THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE IN CONFORMANCE WITH MDM PARTNERS VII, LLC, ON AUGUST 03, 2015. I HEREBY STATE AT THE REQUEST OF JEFFREY
OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THAT ALL MONUMENTS ARE
WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP THEY WILL BE SET IN ACCORDANCE
ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE AND THAT THE MONUMENTS
FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY RETRACED, AND THAT THIS THE SURVEY IS TRUE AND COMPLETE AS SHOWN. APPROVED TENTATIVE MAP. 20 9 „ aP
O DATE: / _ -
L.S. 5928
STATEMENT CIN ENGINEER'S
c_
Oa HEUNG JEI KIM
a
No. 5928
OF
STATE THAT I HAVE EXAMINED THE WITHIN MAP, THAT THE SUBDIVISION I, STEVE LORISO, HEREBY THE SAME AS IT APPEARED ON THE TENTATIVE MAP. THAT ALL SHOWN HEREON IS SUBSTANTIALLY OF THE SUBDIVISION MAP ACT AND CITY OF HEMET CITY ORDINANCE 314, APPLICABLE PROVISIONS COMPILED WITH. AS AMENDED, HAVE BEEN 1
DATE: _ I x
STEVE R. LOR I SO
CITY ENGINEER
R. C. E. NO. 64701
QROF ESSjO
8200
o R.
4 orn
q
Co
co
No. 64/ 01
CIV1
9TF
F CAL\F
HAVE EXAMINED THE MAP, AND THAT I AM SATISFIED THE MAP IS I HEREBY STATE THAT I TECHNICALLY CORRECT.
DATE:
DEN -NIS W. JANDA,/ I
DENNIS JANDA, IMC.
6359 L. S.
STATEMENT CITY ACCEPTANCE
SAND
o
DENNIS W. JANDA
o
CL
z
k*, No. 6359
00 OF CPAN F
OF RIVERSIDE, STATE OF CALIFORNIA, BY AND THROUGH IT'
S DULY THE CITY OF HEMET, COUNTY
ACCEPTS THE DEDICATIONS SHOWN HEREON AND APPROVES SAID AUTHORIZED OFFICERS, HEREBY FINAL MAP.
A" ( TOPSTONE DRIVE), LOT " B" ( SILKSTONE DRIVE) & LOT " C" ( WAYSTONE WE HEREBY ACCEPT LOT " STREET AND PUBLIC UTILITY PURPOSES. LANE) EASEMENTS FOR
CITY OF HEMET, CALIFORNIA
BY: -
OF HEMET MAYOR OFE CITY
ATTEST BY: LCL.
1)& 46efy CITY OF HEMET CITY
C
DATE: Mf RCN 2s . zo 20
S6, TSS, R1W, SBBM
15.I
COTTONWOOD AVE.
DQO
Q
ESPLANADE AVE.
ALABASTER DR.- CINNABAR
o
w
D AVE. V)
3 SPICESTONE
a
PROJECT SITE DR.
N
FLORIDA AVE.
VICINITY MAP
N. T.S.
SURVEYOR'S NOTES:
1. BEARING
THE BASIS OF BEARINGS FOR THIS MAP IS THE WESTERLY TRACT BOUNDARY LINE BEING NORTH 27' 03' 23" EAST PER TRACT 29129-
6 M. B. 383/ 53- 55.
2. 3.
O
FD. 1" I. P., TAGGED RCE 24102, FLUSH, PER TRACT 29129- 6, M. B. 383/ 53- 55 FD. 1" I. P., TAGGED RCE 24102, FLUSH, PER TRACT 29129- 5, M. B. 371/ 20- 21
4. Q FD. 1" I. P., TAGGED RCE 24102, FLUSH, PER TRACT 29129- 2, M. B. 358/ 89- 90
5. 6.
O INDICATES SET 1" I. P., FLUSH, W/ TAG LS 5928 PER RIVERSIDE COUNTY STANDARD " A", UNLESS OTHERWISE NOTED.
INDICATES MEASURED & RECORD VALUES PER TRACT 29129-
6 M. B. 383/ 53- 55
7. INDICATES MEASURED & RECORD VALUES PER TRACT 29129-
5 M. B. 371/ 20- 21
8. N3+ 013' 12"
E
INDICATES MEASURED & RECORD VALUES PER TRACT 30261 M. B. 322/ 97- 109
9. INDICATES MEASURED & RECORD VALUES PER TRACT 29129-
2 M. B. 358/ 89- 90
10. SFN SEARCHED FOUND NOTHING
11. SET 1" I. P., WITH TAG L.
S 5928, FLUSH AT ALL LOT CORNERS, ANGLE POINTS
C L9)
IN SIDE OR REAR LOT LINES, AND ANGLE POINTS IN SUBDIVISION BOUNDARY.
12. SET LEAD AND TAG LS 5928 IN TOP OF CURB ( RIVERSIDE COUNTY STANDARD " E")
79. 42'
FOR BCs, ECs, PCCs, PRCs, AND CORNER CUTBACKS PROJECTED PERPENDICULAR
79. 81'
OR RADIAL FROM CENTERLINE.
79. 81'
SET LEAD AND TAG LS 5928 IN TOP OF CURB ( RIVERSIDE COUNTY STANDARD " E")
79. 81'
ON SIDE LOT LINES PROJECTED.
13. ALL MONUMENTS ARE SET AND TAGGED PER ORDINANCE N0. 461. 21.
14. ALL MONUMENTS SHOWN " SET" ARE IN ACCORDANCE WITH THE MONUMENT
79. 81'
AGREEMENT FOR THIS MAP.
15. THIS TRACT CONTAINS 11. 57 ACRES, GROSS
EASEMENT NOTE:
AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES PER TRACT 30261, M. B. 322/ 97- 109 LOTS " QQ", " UU", " W", " WW" AND " III".
LINE TABLE
LINE BEARING LENGTH
C L1 )
N 55' 14' 22"
W 171. 00'
L21 N34' 45' 38"
E 9. 42'
L31
N 55`14' 22"
W 106. 01'
L41 N3413' 12"
E 39. 96'
L5) N3+ 013' 12"
E 28.93'
1- 6) N09' 48' 46"
E 89. 84'
C L7) N01 "3426"
W 95. 23'
C L8)
N 10"38' 25"
W 56. 00'
C L9) N15' 30' 38"
W 178. 39'
L10)
N 20' 45' 36"
W 79. 42'
L11) N31' 17' 06"
W 79. 81'
L12) N41 "50' 09"
W 79. 81'
Ll 3) N52' 23' 12"
W 79. 81'
L14) N62' 56' 15"
W 79. 81'
L15) N73`29'
1 8"
W 79. 81'
Ll 6)
N 84'02' 21 "
W 79. 81'
LINE TABLE
LINE BEARING LENGTH
L17) N89' 28' 11 "
W 86. 18'
L18)
N 85' 18' S7"
E 78.87'
L19) N74' 49' 37"
E 79. 81'
L20) N64'1634"
E 79. 81'
L21) N53'43' 31 "
E 79. 81'
L22) N44' 03' 42"
E 66. 41'
L23) N39040' 25"
E 139. 60'
L241 N50`
1 9' 35"
W 137. 00'
L251 N39' 40' 25"
E 139. 60' 1 L261 N89`28' 1 5" W 85.00'
IL271 30'05142" ESR 33. 00'
IL281 N14' 01' 59"
E 129. 63'
IL291 N59' 58' 15"
E 72. 00'
IL301 N58' 18' 58"
W 105. 04' 1 L311 N37' 41' 02" E 20.92'
L321 N43' 51' 42"
W 204. 23'
LINE TABLE
LINE BEARING LENGTH
IL331
N 32' 16' 49"
W 102. 02'
IL341 N22' 42' 52"
W 101. 66'
IL351 N15' 30' 38"
W 97.80'
IL361 N74' 29' 22"
E 15. 00'
IL371
N 18*45' 19"
W 65.
21'
IL381
N 02' 29' 29"
W 27.08'
L391 N79' 21' 35"
E 168. 20'
L401 N15' 30' 38"
W 80.01' 1 L411 N00' 31' 45" E 53.45'
L42 N27003' 23"E 101. 93'
L43
N 62' 56' 37"
W 88.12'
L441
N 27' 03' 23"
E 157. 24'
L451 N62' 56' 37"
W 16. 16'
IL461 N26030' 04"
E 74. 79'
L471 N27' 23' 1YE 77. 74'
L481
N 32' 25' 31 "
E 84.37'
150
IN THE CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACrr MAP NO* 29129
7 BEING
A DIVISION OF LOT 91
A PORTION OF LOT
6 AND LETTERED LOTS " QQ", " UU'
t, "
VV" , " WW" AND
III" OF TRACT 30261, AS SHOWN BY MAP ON FILE IN BOOK 322 OF MAPS, PAGES 97 THROUGH 109, INCLUSIVE, IN SECTION 6, TOWNSHIP
5 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN.
PACIFIC COAST LAND CONSULTANTS, Inc. AUGUST, 2019
28 Vis'
cb
29 °
27 L2
v
DRIVE gERYLSTONE
01 0I
30 26
L07 " A"
NaBo 322187- W9
25 23
L45o
CIO
57 T
24 90,
56 000 - Nft
v<
v 55
Q
f1p)
ARRO TONE N ,, `\ 54
10 r It
53 SFN;
CD
fiZ I I o
ESTABLISHED I
BY RECORD 52
CSO --
j
lz;<
oo
y 51
g i aoo r I ISHEo . _
pRIVE _ _
ESSAB
00 go
50 49 owl
1 BY
RECORD
v
vI
00 48
q9
L3644
ooA
47 101
46 0-1
45 V,
e4
40 39
p \ \
3 43 42 41
C15
L16 L17 L18
oasoi
s
SHEET
2 OF
3 SHEETS
CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT I Cl I A= 50'51' 20" 571. 00' 506. 82' 271. 47' C21 A= 29' 33' 57" 571. 00' 294. 65' 150.68'
C3 A= 16' 02' 23" 604.00' 169. 09' 85.10'
C4 A= 26' 31' 38" 333. 00' 154.18' 78.49'
YA
36 h 38 - /
lllr\
C
1. 19 , ,
0 SF '
P8' SNR
Lu
u a ;
i
ES RECD -
0 F, \
mal 322197 - TOO
LOT
MOBC 3221971409 •
O',
1// \
a
3i / \
00N L26
GRAPHIC SCALE
0 75 150 300 450 1 inch = 150 ft.
SFNI
l
ESTABLISHED r
a
W
4jo I n
g
Y
RECORDui t T N
LOT 10
rnj
I0lo, I
3221970=109 /
3 VlEWSTONE ...........
glil
ODUo
a
322197409 ^/
LOTE
M.:. 322197- 10:
15.I
SEE SHEET
2 FOR SURVEYOR'
S
NOTES AND EASEMENT NOTE.
ImsSl4'
5klArOT 6' 3" w
16 J
Wz
N`% - D.N.
DETAIL " E"
N. T. S.
TRACT 29129-5
M. B. 371120- 21
jNO2*29p29wWj
27.08'
i§
IN THE CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IFIRLACIF MAP NC), 29129
7 BEING
A DIVISION OF LOT 9,
A PORTION OF LOT
6 AND LETTERED LOTS ' PQQ", " UU", " VV" , " WW" AND
III" OF TRACT 30261, AS SHOWN BY MAP ON FILE IN BOOK 322 OF MAPS, PAGES 97 THROUGH 109, INCLUSIVE, IN SECTION 6, TOWNSHIP
5 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN.
PACIFIC COAST LAND CONSULTANTS, Inc. AUGUST, 2019
fir 2.0-
2y
LINE TABLE
LINE BEARING LENGTH
L1 N34' 45' 38"
E 14.76'
L2 N51' 28' 04"
W 21. 34'
L3
N 28'33' 17"E 21. 96'
F- L4
N 03'021905"
W 11 120. 52'
1 ffaIFF
Zv4.Z3•
IN37'@41102" El
120. 92'1
ilVJev •
j
100
IT111,1118TIW1911' 9-
2 GRAPHIC
0 50 100
SFN,
ESTABLISHED
BY RECORD
SCALE
200
1 Inch= 100 ft,
SFN,
ESTABLISHED
BY RECORD
aoaro- oaso
s
o?
SHEET3 OF
3 SHEETS
CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT
Cl A= 7' 35' 20" 604.00' 80.00' 40. 06'
C2 A=--7035' 40" 604.00' 80. 06' 40. 09'
C3 A= 7' 35' 40" 604.00' 80.06' 40.09'
C4 A= 7' 35' 40" 604.00' 80.06' 40.09'
C5 A= 7035' 40" 604.00' 80. 06' 40. 09'
C6 A= 62541" 604.00' 67.76' 33. 92'
C7 A= 1602' 23" 604.00' 169. 09' 85. 10'
C8 A= 2631' 38" 333.00' 154. 18' 78. 49'
C9 A= 742' 15"
1 1600.001180.68' 11 40. 40'
C10 A= 5' 39' 39" 600. 00' 59. 28' 29. 66'
C11 A= 2`02' 36" 600. 00' 21. 40' 10. 70'
C12 A= 7' 42' 15" 1567.00' 76. 24' 1 38.18' 11
C13
1 A= 7' 42' 15" 1 1534.001171. 80' 1 1 35. 96'
C14 A= 10' 29' 56" 538. 00' 98.58' 49. 43'
C15 A= 10'33'03" 538.00' 99. 07' 49. 68'
C16 A= 10' 33' 03" 538.00' 99. 07' 49. 68'
C17 A= 1033' 03" 538.00' 99. 07' 49. 68'
C18 A= 10' 33' 03" 538. 00' 99. 07' 49. 68'
C19 A= 10' 33' 03" 538. 00' 99. 07' 49. 68'
C20 A= 10' 33' 03" 538. 00' 99. 07' 49. 68'
C21 A= 0009' 22" 538. 00' 1. 47' 0. 73'
C22 A= 10"25' 36" 538. 00' 97. 91' 49. 09'
C23 A= 10' 33' 03" 538. 00' 99. 07' 49. 68'
C24 A= 10' 33' 03" 538.00' 99. 07' 49. 68'
C25 A= 10' 33' 03" 538. 00' 99.07' 49. 68'
C26 A= 846' 35" 538. 00' 82. 41' 41. 28'
C27 A= 16' 17' 02" 267. 00' 75.88' 38.20'
C28 A= 10' 14' 37" 267.00' 47. 73' 23.93'
C29 I A= 6' 27' 45" 1 1538. 001160. 68' 11 30.37'
C30 A= 0' 04' 12" 538.00' 0. 66' 0. 33'
C31 I A= 2933' 57" 11571. 00' 111294. 65" 111150. 68' 11 C32 A= 15' 28' 57" 571. 00' 111154.30' 1177.62' 11
C33 I A= 14'05' 00" 1 If 571. 00' 111140. 35' 1 70.53' 11 C34 CALL' A= 26' 31' 38" 300.00' 138. 90' 70. 72'
C35 A= 26' 31' 38" 1 1267.0011123.62' 62.94'
C36 A= 16' 02' 23" 571. 00' 159. 85' 80.45'
C37 9*30' 26" 1 538.00' 1 89. 27' 44.74'
2M29==8 TR==
51 20 N79721' 35" E)
r. (
1. 029)
0o
tiro.
ti
A" DETAIL "
N. T.S.
C" DETAIL "
N. T.S.
7fl==2M29==8
49 m000 383153= 55
38Jb
8S?
s, 839J
48 22
or
0 ao
X
169 N15' 30' 38"
W
roossI 0. a2' 23
oN
0\
29 DETAIL " B"
N. T. S.
DETAIL " D"
N.T.S.
hNO
lk
15.I
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)
CITY OF HEMET
Attn: City Manager
445 East Florida Avenue
Hemet, California 92543
RN 94836- 3917- 8284 v2. 1
2020- 0289195
07/ 02/ 2020 09: 03 AM Fee: $ 0. 00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder
L? 1
I In It 071
THIS SPACE FOR RECORDER' S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP No. 29129- 8
By and Between
THE CITY OF HEMET,
a municipal corporation
and
Jeffrey MDM Partners VII, LLC
a California limited liability company
Dated: June 9, 2020
15.I
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP No. 29129- 8
This Subdivision Improvement Agreement (" Agreement") is entered into as ofthis 9th day of June, 2020 by and between the City of Hemet, a municipal corporation (" City") and Jeffrey MDM Partners VII, LLC, a California limited liability company (" Developer"). City and Developer are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."
RECITALS
A. Developer has submitted to City an application for approval of a final Tract Map for real property located within City, a legal description of which is attached hereto as Exhibit A". The Tract Map is identified in City records as Tract Map No. 29129- 8. On September 21, 1999 the City conditionally approved Tract Map No. 29129.
B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act ( Government Code sections 66410 et seq.), Map Act") the City Ordinances, the conditions of approval for Tract Map No. 29129- 8, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
C. Pursuant to City Ordinances and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract Map No. 29129- 8.
D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 — 66499. 10.
E. Pursuant to Government Code Section 66499, Developer' s execution of this Agreement and the provision of the security are made in consideration of City' s approval of the final map for Tract Map No. 29129- 8.
DEFINED TERMS
Developer" shall mean Jeffrey MDM Partners VII, LLC, a California limited liability company.
The term " Developer" shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor - in -interest to Developer having a legal and/ or equitable interest in the Property.
Estimated Costs" shall mean the City Engineer' s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping.
Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or RIV #4836-3917-8284 v2. 1 - 1 -
15.I
proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators, witness fees ( both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award ofwhich a court of competent jurisdiction may determine to be just and reasonable.
Map Act" shall mean the Subdivision Map Act, Government Code Sections 66410 et seq.
Property" shall mean the all of the real property contained within the boundaries of Tract Map No. 29129- 8 located in the City of Hemet, California, as is more particularly described in the legal description and parcel diagram attached hereto and incorporated hereby by reference at Attachment " A".
Public Improvements" shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, water systems, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Tract Map No. 29129 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 29129- 8. The Parties agree that the Public Improvements to be completed by Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Attachment " B. Notwithstanding, Attachment ` B", Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Tract Map No. 29129 a full copy of which is on file with and may be obtained from the Engineering Department of the City of Hemet.
Required Insurance" shall mean the insurance required to be maintained by Developer under Section 17.
Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other security approved by City Engineer or City Attorney.
Tract Map No. 29129- 8" shall mean the final map prepared and approved by the City for a unit of Tentative Tract Map No. 29129.
Warranty" shall mean the one- year period following completion of the Public Improvements by Developer and the acceptance ofthe Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration ofthe mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four ( 4) of the following conditions are satisfied in the order provided:
RIV 44836- 3917- 8284 v2. 1 - 2 -
15.I
1. 1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;
1. 2 Final Map and Agreement Approval. The City Council ofthe City (" City Council") approves the final map for Tract Map No. 29129- 8 and this Agreement;
1. 3 Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder' s Office of the County of Riverside; and
1. 4 Record Final Map. Developer records the final map for Tract Map No. 29129- 8 in the Recorder' s Office ofthe County of Riverside.
If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Developer.
2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall include any transitions and/ or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system.
Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.
2. 1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.
2. 2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance ofDeveloper' s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.
2. 3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
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2. 4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2. 5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2. 6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation ofthe Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer' s surety for this Agreement.
2. 7 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit " D" hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City' s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer' s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the RIV #4836-3917-8284 v2. 1 - 4-
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responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4. 1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within one year ( 12 months) following approval ofthe final map for Tract Map No. 29129- 8.
4. 1 Extensions. City may, in its sole and ' absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12. 0 et M. of this Agreement, Developer and its surety consent 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). Developer' s acceptance of an extension of time granted 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 Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City' s reasonable discretion.
4. 2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer' s intent to abandon or otherwise not complete required or agreed upon Public Improvements.
4. 3 Developer Obligations Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 4. 1 or 4. 2, Developer' s failure to complete the Public Improvements or to otherwise satisfy all conditions of approval, or City' s non -extension of the time referenced in those sections shall not terminate or otherwise relieve the Developer of the obligation to complete the Public Improvements and conditions of approval and such obligations shall survive the term of this Agreement and shall survive until satisfied in full unless waived or modified by formal action of the City Council.
5. GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract Map No. 29129- 8 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City' s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
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grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12. 0 et seq. of this Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract Map No. 29129- 8 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City' s jurisdictional limits. All utilities shall be installed underground.
7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract Map No. 29129- 8, or as required by other governmental agencies having jurisdiction over Tract Map No. 29129- 8.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction ofthe Public Improvements is occurring or will occur.
If the City inspector requests it, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City' s inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney' s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS -BUILT OR RECORD
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complete, which shall not release or modify Developer' s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
10. 1 Developer' s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder' s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
10. 2 City Acceptance of Public Improvements. If Tract Map No. 29129- 8 was approved and recorded as a single- phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City' s acceptance or approval of any Public Improvements.
10. 3 Developer' s Obligation to Provide As -Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one ( 1) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one ( 1) year following completion of the work and acceptance by City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following City' s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer' s warranty obligation under this section shall survive the expiration or termination of this Agreement.
12. SECURITY; SURETY BONDS. Prior to City' s approval and execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below. The amount of the Security shall be based on the City Engineer' s Estimated Costs.
If City determines at any time prior to Developer' s completion of the Public Improvements under Section 4 [ Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer' s compliance with this provision ( Section 12. 0 et seq.) shall in no way limit or modify Developer' s indemnification obligation provided in Section 16. 0 of this Agreement.
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12. 1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 18. 0 et seq. of this Agreement, and to secure Developer' s one- year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of eight hundred eighty seven thousand five hundred and 00/ 100 dollars 887, 500.00), whicli sum shall be not less than one hundred percent ( 100%) of the Estimated Costs.
12. 2 Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 29129- 8, and the total remaining Security is not less than twenty- five percent ( 25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11. 0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 29129- 8.
12. 3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance ofthe Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of eight hundred eighty seven thousand five hundred and 00/ 100 dollars ($887, 500. 00), which sum shall not be less than one hundred percent ( 100%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six ( 6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent ( 20%) of such claims for reimbursement of City' s anticipated administrative and legal expenses arising out of such claims.
12. 4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best' s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall 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. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
12. 5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment " C", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Attachment " C" and incorporated herein by this reference.
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12. 6 Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City' s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.
13. MONUMENT SECURITY. Prior to City' s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract Map No. 29129- 8 in compliance with the applicable provisions of City' s Municipal and/ or Development Code (" Subdivision Monuments"), Developer shall deposit cash with City in the amount of seventeen thousand two hundred eighty and 00/ 100 dollars ($ 17,280. 00), which sum shall not be less than one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization ofthe City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract Map No. 29129- 8.
14. LIEN. To secure the timely performance of Developer' s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections
12. 0 et SeMc . and 13. 0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer' s default on those obligations for which security has been provided pursuant to Sections 12. 0 et seq. and 13. 0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
15. SIGNS AND ADVERTISING. Developer understands and agrees to City' s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the summary removal by City, without notice to Developer, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment RIV # 4836- 3917- 8284 v2. 1 - 9 -