MAYOR AND CITY COUNCIL:
Jaculin "Jackie" Peterson
Mayor (District 2)
Carole Kendrick
Mayor Pro Tem (District 1)
Tom Lodge
Council Member (District 3)
Joe Males
Council Member (District 4)
Linda Krupa
Council Member (District 5)
Mark Prestwich
City Manager
Steven Graham
City Attorney
John P. Maier
City Clerk
CITY COUNCIL AGENDA
CITY OF HEMET, CALIFORNIA
Regular Meeting of the City Council, Acting as the Successor Agency to the Redevelopment Agency
Tuesday, March 25, 2025
Hemet Public Library, Second Floor
300 E. Latham Avenue, Hemet, California 92543
CLOSED SESSION AT 4:30 P.M.
REGULAR MEETING AT 6:00 P.M.
Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.
Live Stream: This meeting will be live-streamed on the City's website at hemetca.gov/agenda.
Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.
Teleconference: POTENTIAL USE OF AB 2449’S JUST CAUSE OR EMERGENCY CIRCUMSTANCES PROVISIONS - In the event a City Councilmember joins the meeting virtually under AB 2449, then members of the public can utilize the number below to participate via teleconference. If all participating Councilmembers are physically present, then the call-in feature will be unavailable, but the meeting can still be viewed at the link:
https://us02web.zoom.us/j/86111219195
Webinar ID: 861 1121 9195
Passcode: 745765
Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782
Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternate format, please contact the City Clerk’s Office at (951) 765-2307
at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA Title II)
Page
1. CLOSED SESSION – 4:30 P.M.
2. CALL TO ORDER
3. ROLL CALL
4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
At this time, members of the public may only comment on an item appearing on the Closed Session agenda. Please adhere to the following when addressing the Council:
o Comments will be limited to 3 minutes or less.
o Comments should be directed to the Council as a whole and not directed to individual Council Members.
o Please follow the adopted rules of decorum: Resolution No. 4545.
5. DISCUSSION ITEMS
5.A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Section 54956.9(d)(1)
Name of Case: Christy Gatewood v. City of Hemet
USDC 5:25-cv-00353-SSS-DTB
5.B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION
Pursuant to Government Code Section 54956.9
Initiation of Litigation (1) Case
5.C. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Mark Prestwich, City Manager All Employee Groups: HFFA, HMMA, HPMA, HPOA, and
Unrepresented Employees
6. ADJOURNMENT OF CLOSED SESSION
7. REGULAR MEETING - 6:00 P.M.
8. CALL TO ORDER
9. ROLL CALL
10. INVOCATION
11. PLEDGE OF ALLEGIANCE
12. CITY ATTORNEY CLOSED SESSION REPORT
12.A. City Attorney’s Report regarding Closed Session
Recommendation: Information Only
13. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. There is a 3-minute-per-person time limit for all general public comments on non-public hearing items. All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
You may also fill out a form and submit your comments online at www.hemetca.gov. Submittal must be done before 2:00 p.m. the day of the meeting.
Please state your name and item you are commenting on before speaking.
13.A. Public Comment for Items Listed on the Agenda: Consent and Discussion Items
13.B. Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
14. RECEIVE AND FILE
14.A. City of Hemet Budget Adjustments Dated January 31, 2025 Staff Report #25-051 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Receive and file the City of Hemet Budget Adjustments Dated January 31, 2025.
13 - 16
15. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.
15.A. Approval of the City Council Meeting Minutes of March 11, 2025 Staff Report #25-077 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Approve the City Council Regular Meeting Minutes of March 11, 2025. 17 - 24
15.B. A Resolution of the City Council of the City of Hemet, California, Accepting Public Improvements Associated with Heritage Pointe Tracts 25 - 261
36889, 36890, 36891 and 36892; Approving Warranty Agreements and Security for Tracts 36889, 36890, 36891, and 36892; Authorizing the City Manager to Execute the Warranty Agreements; Authorizing the City Engineer to Release the Original Faithful Performance and Material and Labor Bonds upon Execution of the Warranty Agreements; and Authorizing the City Engineer to Release the Warranty Bonds upon Expiration of the Warranty Period and Completion of any Necessary Repairs (Generally Located South of Stetson Avenue, and East of Lyon Avenue)
Staff Report #24-344 - Pdf
Recommendation:
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 Heritage Pointe Tracts 36889, 36890, 36891 and 36892; Approving Warranty Agreements and Security for Tracts 36889, 36890, 36891, and 36892; Authorizing the City Manager to Execute the Warranty Agreements; Authorizing the City Engineer to Release the Original Faithful Performance and Material and Labor Bonds upon Execution of the Warranty Agreements; and Authorizing the City Engineer to Release the Warranty Bonds upon Expiration of the Warranty Period and Completion of any Necessary Repairs (Generally Located South of Stetson Avenue, and East of Lyon Avenue).
15.C. A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with Allison Mechanical Inc. for Replacement of Six Heating Ventilation and Air Conditioning (HVAC) Units at the Covell Fire Department Administration Building and Authorizing the City Manager to Execute all Necessary Documents Related to the Agreement and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation from General Fund Reserves in the Amount of $168,850.00 Including a 10% Contingency
Staff Report #25-049 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Agreement with Allison Mechanical Inc. for Replacement of Six Heating Ventilation and Air Conditioning (HVAC) Units at the Covell Fire Department Administration Building and Authorizing the City Manager to Execute all Necessary Documents Related to the Agreement and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation from General Fund Reserves in the Amount of $168,850.00 Including a 10% Contingency.
263 - 462
15.D. A Resolution of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Establish 463 - 488
Supplemental Appropriations in the Amount of $445,000 for the Purchase of Four Fully Up-fitted Police Vehicles
Staff Report #25-044 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Establish Supplemental Appropriations in the Amount of $445,000 for the Purchase of Four Fully Up-fitted Police Vehicles to Replace Four Existing Police Vehicles that are No Longer Serviceable Due to High Mileage and Lack of Available Replacement Parts.
15.E. A Resolution of the City Council of the City of Hemet, California, Approving a Landscape Maintenance Agreement within a State of California Highway Right of Way, Located on State Route 74 within the City of Hemet Related to the Holiday Inn Development (CUP 19-015), in the Final Form and Format as Approved by the City Attorney, and Authorize the Mayor and City Manager to Take all Actions Necessary to Implement the Agreement
Staff Report #25-041 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Landscape Maintenance Agreement within a State of California Highway Right of Way, Located on State Route 74 within the City of Hemet Related to the Holiday Inn Development (CUP 19-015), in the Final Form and Format as Approved by the City Attorney, and Authorize the Mayor and City Manager to Take all Actions Necessary to Implement the Agreement.
489 - 504
15.F. A Resolution of the City Council of the City of Hemet, California, Awarding TKE Engineering a Professional Services Agreement in an Amount Not to Exceed $1,836,828 for CIP 2421 (Warren Road Improvements) and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize Additional Expenditures up to 10% ($183,683) of the Agreement Amount if Necessary, and Authorizing the Administrative Services Director to Record a Supplemental Appropriation of $1,397,311 from Fund 329 Development Impact Fees (DIF) for Bridges, Streets, and Traffic Facilities to CIP 2421
Staff Report #25-054 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, 505 - 752
Awarding TKE Engineering a Professional Services Agreement in an Amount not to exceed $1,836,828 for CIP 2421 (Warren Road Improvements) and Authorizing the City Manager to Execute all Documents Related to the Agreement and Authorize Additional Expenditures up to 10% ($183,683) of the Agreement Amount if Necessary, and Authorizing the Administrative Services Director to Record a Supplemental Appropriation of $1,397,311 from Fund 329 Development Impact Fees (DIF) for Bridges, Streets, and Traffic Facilities to CIP 2421.
15.G. A Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc., for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the First Amendment to the License Agreement in Final Form as Approved by the City Attorney Staff Report #25-057 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc., for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the First Amendment to the License Agreement in Final Form as Approved by the City Attorney. 753 - 782
15.H. A Resolution of the City Council of the City Of Hemet, California Acting as the Successor Agency to the Former Hemet Redevelopment Agency of the City Of Hemet, Authorizing and Approving the Release of Rights as Successor Agency to Matters Contained in the Hemet
Redevelopment Agency’s Program Recorded On November 30, 2007, for Assessor Parcel Numbers 451-100-026 And 451-100-036 (“APNs”) and a Determination that the Release is Exempt from Review Pursuant to Section 15016(B)(3) of the State’s Guidelines Implementing the California Environmental Quality Act
Staff Report #25-078 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing and Approving the Release of Rights as Successor Agency to Matters Contained in the Hemet Redevelopment Agency’s Program Recorded on November 30, 2007, for APNs 451-100-026 and 451-100- 036 and Determining that the Release is Exempt from Review Pursuant to Section 15016(b)(3) of the CEQA Guidelines.
783 - 791
15.I. A Resolution of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Approve the Increase to the Existing Purchase Order with L.N. Curtis & Sons for Firefighting Supplies, Uniforms, and Equipment Not to Exceed $175,000 and Authorizing the City Manager to Execute All Documents Related to this Purchase
Staff Report #25-055 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Approve the Increase to the Existing Purchase Order with L.N. Curtis & Sons for Firefighting Supplies, Uniforms, and Equipment, Not to Exceed $175,000 and Authorizing the City Manager to Execute All Documents Related to this Purchase.
793 - 879
15.J. Second Reading and Adoption of Ordinance 2056, an Ordinance of the City Council of the City of Hemet, California, Adding Article XIV to Chapter 18 of the Hemet Municipal Code to Establish a Sales Tax Sharing and Economic Development Program for Automobile Dealerships and Adoption of a Resolution Establishing the Maximum Number of Agreements and Reimbursement under the Program Staff Report #25-075 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
1. Waive further reading and adopt by title only, Ordinance 2056, An Ordinance of the City Council of the City of Hemet, California, Adding Article XIV to Chapter 18 of the Hemet Municipal Code to Establish a Sales Tax Sharing and Economic Development
Program for Automobile Dealerships; and
2. Adopt a Resolution of the City Council of the City of Hemet, California, Establishing the Maximum Number of Agreements and Reimbursement Available Under the Program.
881 - 911
16. DISCUSSION - ACTION ITEMS
16.A. Consideration of Appointment(s) to the City of Hemet Planning Commission
Staff Report #25-062 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Appoint Candidate(s) to the Planning Commission to fill the scheduled vacancies and the terms of seats one and two.
913 - 924
16.B. A Resolution of the City Council of the City of Hemet, California, 925 - 982
Approving the 2024 General Plan Annual Progress Report, and Direct Submittal of the Report to the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD)
Staff Report #25-052 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the 2024 General Plan Annual Progress Report, and Direct Submittal of the Report to the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).
16.C. Discussion of Draft Community Funding Grant Program Framework and Consideration of Fiscal Year 2024-25 Funding Allocations to Valley Community Pantry, Ramona Bowl, American Legion, Valley Restart, My City Youth, and the Rose of Sharon
Staff Report #25-070 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
1. Discuss, consider, and approve the Draft City of Hemet Community Funding Grant Program Framework, incorporating any Council-directed amendments; and
2. Discuss, consider, and approve the Fiscal Year 2024–25 funding allocations for the following nonprofit organizations, incorporating any Council-directed amendments:
Valley Community Pantry - $20,000
Ramona Bowl - $20,000
American Legion - $20,000
Valley Restart - $15,000
My City Youth - $15,000
The Rose of Sharon - $10,000
983 - 988
16.D. Consideration of City of Hemet Temporary Use Permit for a Downtown Pop-Up Food Truck Festival and Resolution Authorizing Waiver of Fees and Usage of City Property, Tables and Lighting Support, and Staff Overtime for Six Weeks in Spring 2025
Staff Report #25-067 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
1. Authorize staff to proceed with issuance and processing of a Temporary Use Permit for property located at the northwest corner of Florida Avenue and Carmelita Street.
989 - 1016
2. Adopt a Resolution of the City Council of the City of Hemet, California, Waiving Application and Processing Fees for Pop-Up Food Truck Festival at the Park.
16.E. Report Regarding Proposed Annexation by Petitioner "Hemet United" of Currently Unincorporated Territory Located Mostly Within Boundaries of the City of Hemet's Sphere of Influence
Staff Report #25-059 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
1. Receive report on Proposed Annexation by Petitioner "Hemet United" of currently unincorporated territory located mostly within the boundaries of the City of Hemet's Sphere of Influence; and
2. Review preliminary City revenue analysis and preliminary expenditure and staffing plan designed to maintain or enhance the level of service to be provided to Petitioner; and
3. Refer the necessary Pre-Annexation Zoning actions to the Planning Commission to Ensure that City Zoning upon
annexation reflects current County General Plan Zoning
Designations and no change in land use.
1017 -
1050
17. CITY COUNCIL AND STAFF REPORTS
MAYOR PETERSON
1. Investment Oversight Committee
2. Riverside County Habitat Conservation Agency
3. Ramona Bowl Board of Directors
4. League of California Cities
5. Homeless Outreach Ad-Hoc Committee
6. Business Outreach Ad-Hoc Committee
7. Cal Trans Liaison Ad-Hoc Committee
8. Veterans Memorial Ad-Hoc Committee
MAYOR PRO TEM KENDRICK
1. Investment Oversight Committee
2. Planning Commission
3. Riverside County Habitat Conservation Agency (RCHCA)**
4. Western Riverside County Conservation Authority (RCA)*
5. League of California Cities
6. Community Action Partnership
7. Hemet San Jacinto Water Master Board *
8. CDBG Ad-Hoc Committee
9. Western Riverside Council of Governments (WRCOG)*
10.Youth Council Ad-Hoc Committee
COUNCIL MEMBER KRUPA
1. Hemet Housing Authority
2. Hemet Public Library Board of Trustees
3. Cal Trans Liaison Ad-Hoc Committee
4. Riverside County Airport Land Use Commission*
5. League of California Cities
6. Riverside County Transportation Commission
7. Riverside Transit Agency*
8. Western Riverside County Conservation Authority (RCA)*
9. Hemet San Jacinto Water Master Board*
10.WRCOG Regional: Riverside County Waste Management Task Force
11.RCTC: Mobile Source Air Pollution Reduction Review Committee
12.Art and Culture Ad-Hoc
COUNCIL MEMBER LODGE
1. Hemet Housing Authority
2. Clean Up/Graffiti Ad-Hoc Committee
3. League of California Cities
4. Youth Council Ad-Hoc Committee
COUNCIL MEMBER MALES
1. League of California Cities
2. Planning Commission
3. Riverside County Transportation Commission
4. Riverside County Transit Agency *
5. Western Riverside Council of Governments *
6. Business Outreach Ad-Hoc Committee
7. CDBG Ad-Hoc Committee
8. Clean Up/Graffiti Ad-Hoc Committee
9. Homeless Outreach Ad-Hoc Committee
10.Veterans Memorial Ad-Hoc Committee
CITY MANAGER MARK PRESTWICH
18. FUTURE AGENDA ITEMS
The following items are tentatively scheduled and are subject to change. The City Council may ask the City Manager to add specific items to a future agenda by a majority vote.
April 8, 2025:
1. Quarter Three Update on Fiscal Year 24/25 Strategic Plan
2. Media Policy (Continued Discussion from 2/25/2025)
3. Newland Simpson Warehouse Project
4. Quarterly Grant Report
April 22, 2025:
1. CDBG Public Hearing for Con-Plan and Annual Action Plan
2. Second Council Budget Workshop
19. ADJOURNMENT
AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Hemet Public Library located at 300 E. Latham Ave., Hemet, CA, and the City Website.
Date & Time: March 19, 2025 at 7:15 p.m.
Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307.
Disclosure of
Campaign
Contributions
(Levine Act –
Government Code
Section 84308):
Pursuant to Government Code section 84308, members of the Hemet City Council are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City of Hemet employees), franchises, discretionary land use permits and other entitlements if the Councilmember received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item in the previous 12 months. Members of the Hemet City Council who have received, and applicants, contractors, or their agents who have made, campaign contributions totaling more than $500 to a Councilmember in the previous 12 months are required to disclose that fact for the official record of the subject agenda item and shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item.
Disclosures must include the amount of the campaign contribution and identify the recipient Board member and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 25 2025
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
☒ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
City of Hemet Budget Adjustments Dated January 31, 2025 RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Receive and file the City of Hemet Budget Adjustments Dated January 31, 2025.
BACKGROUND:
As stated in Section 2 of the City of Hemet Resolution 2023-115, the City Manager is authorized to transfer budgeted amounts between Divisions and accounts with the same Department and Fund over the course of the fiscal year covered by the Budget so long as such transfer is reported to the City Council within forty-five (45) days.
ANALYSIS:
In general, budget adjustments are not posted to the July reporting period. For financial reporting purposes, the month of July needs to be absent of modification, as this is the month that reflects the "Original Budget" and is the basis for all comparative analytics used during the fiscal year.
Quantitatively significant adjustments are typically those that require Council approval.
Attached are the January adjustments posted into the City’s financial software.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
14.A.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
ATTACHMENT(S):
2025-01-31 Budget Adjustments
14.A.
CITY OF HEMET
BUDGET ADJUSTMENTS FY 2024/25
ATTACHMENT 1
BUDGET ADJUSTMENT REQUESTS APPROVED BY CITY COUNCIL:
Meeting
Date Agenda # Reference Department Account Type Account # Account Description Amount 06/25/24 16.A
CIP2414 Stoney Mountain Traffic Calming
Plan Public Works Expenditure 110-2414-2710 Professional Services $ 10,000.00 06/25/24 16.A
CIP2414 Stoney Mountain Traffic Calming
Plan Public Works Expenditure 110-2414-5500 Rights of Way $ 80,000.00 01/14/25 17.D
23/24 COPS (CA Citizen's Option for
Public Safety) Grant Police Revenue 236-0526
State COPS Funding AB3229 (Grant
Reimbursement) $ 272,150.77
01/14/25 17.D
23/24 COPS (CA Citizen's Option for
Public Safety) Grant Police Expenditure 236-3103-2450
Maintenance & Operations /
Parts & Supplies $ 272,150.77
Note: Appropriations for the Stoney Mountain Traffic Calming Plan were delayed in error.
14.A.
CITY OF HEMET
BUDGET ADJUSTMENTS FY2024/25
ATTACHMENT 1
EXPENDITURE BUDGET TRANSFER REQUESTS APPROVED BY CITY MANAGER:
Date Department / Program Reference
Transfer From:
Account # Account Description
Transfer To:
Account # Account Description Amount
01/21/25
Public Works -
Engineering
RUHS Contract for CIP 5696
Hemet Valley Bikeway 222-5696-1100 Salaries 222-5696-2710 Professional Services $ 16,042.93 01/21/25
Public Works -
Engineering
RUHS Contract for CIP 5696
Hemet Valley Bikeway 222-5696-5500 Rights of Way 222-5696-2710 Professional Services $ 42,609.41 01/22/25
Public Works -
Engineering Laser level with tripod 120-4102-2700
Uniforms and Safety
Equipment 120-4102-2850 Small Tools $ 800.00
14.A.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 25 2025
Department: Administration
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
Approval of the City Council Meeting Minutes of March 11, 2025 RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the City Council Regular Meeting Minutes of March 11, 2025.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
ATTACHMENT(S):
Attachment 1: City Council Meeting - Mar 11, 2025 - Minutes
15.A.
m
MINUTES
City Council Meeting
City of Hemet
Hemet Public Library - Temporary Council Chamber
Tuesday, March 11, 2025
1. WORK STUDY SESSION – 4:00 P.M.
2. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Closed Session at 4:02 p.m. in the Hemet Public Library, 300 E. Latham Avenue, Hemet, California with Mayor Peterson presiding.
3. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Peterson
Mayor Pro Tem Kendrick
Council Members Krupa, Lodge, and Males
Staff Present:
City Manager:
City Attorney:
City Clerk:
Mark Prestwich
Steven Graham
John Paul Maier
4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Peterson asked for Public Comments; no one spoke.
5. DISCUSSION ITEMS
5.A Discussion and Appointment of Measure U Citizen Oversight Committee Members
City Clerk Maier provided a presentation of Appointment of Measure U Citizen Oversight Committee and an overview of the interview process, highlighting that 20 qualified applicants were moving forward for the City Council’s consideration.
Action:
15.A.
City Council Meeting
March 11, 2025
MOTION BY COUNCIL MEMBER LODGE, SECOND BY MAYOR PRO TEM KENDRICK, CARRIED 5-0, to appoint Jean Amodt, Veronica Banuelos, Tammy Chennault, Dick Clark, Mark Collins, Delia Meraz, and Marcus Kelly to the Measure U Citizen Oversight Committee, serving two-year terms.
6. ADJOURNMENT OF WORK STUDY SESSION
Mayor Peterson adjourned the Work Study Session at 5:07 p.m.
7. REGULAR MEETING - 6:00 P.M.
8. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Regular Meeting at 6:03 p.m. in the Hemet Public Library, 300 E. Latham Avenue, Hemet, California with Mayor Peterson presiding.
9. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Peterson
Mayor Pro Tem Kendrick
Council Members Krupa, Lodge and Males
Staff Present:
City Manager:
City Attorney:
City Clerk:
Mark Prestwich
Steven Graham
John Paul Maier
10. INVOCATION
Invocation was given by Pastor Luis Herrejon.
11. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Krupa.
12. COMMUNICATIONS FROM THE PUBLIC
Mayor Peterson asked for Public Comments, and the following citizens spoke: George Sararu, Judith McPherson, Roy Michael Fales, and Terry Larned spoke.
12.A. Public Comment for Items Listed on the Agenda: Consent and Discussion Items
12.B. Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
13. RECEIVE AND FILE
13.A City of Hemet Budget Adjustments Dated November 30, 2024 and December
15.A.
City Council Meeting
March 11, 2025
31, 2024
Action:
By consensus, the City Council received and filed the City of Hemet Budget Adjustments Dated November 30, 2024 and December 31, 2024.
13.B The City of Hemet Warrant Registers Dated January 23, 2025, in the amount of $2,183,519.82, and February 6, 2025, in the amount of $2,984,079.83. The Payroll Periods of January 6, 2025 – January 19, 2025, in the amount of $1,175,324.97, and January 20, 2025 – February 2, 2025 in the amount of $1,137,293.28
Action:
By consensus, the City Council received and filed the City of Hemet Warrant Registers.
14. CONSENT CALENDAR
MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER LODGE, CARRIED 5-0, to approve the Consent Calendar, removing Items 14.D, 14.E, and 14.F for separate consideration.
14.A Approval of the City Council Regular Meeting Minutes of February 25, 2025 Action:
MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER LODGE, CARRIED 5-0, to approve the City Council Regular Meeting Minutes of February 25, 2025.
14.B A Resolution of the City Council of the City of Hemet, California, Supporting the Ramona Bowl Amphitheatre's Request for Resources Bond Funding for Parking Lot and Water System Repairs
Action:
MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER LODGE, CARRIED 5-0, to adopt a Resolution 2025-024 of the City Council of the City of Hemet, California, Supporting the Ramona Bowl Amphitheatre's Request for Resources Bond Funding for Parking Lot and Water System Repairs.
14.C A Resolution of the City Council of the City of Hemet, California, Awarding All American Asphalt the Fiscal Year 2023/24 Slurry Seal Project, CIP 5763, in the Amount of $1,176,722; Waiving any Minor Bid Irregularities; Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $117,672; Approving Materials Testing in the Amount of $20,000; Authorizing the Administrative Services Director to Appropriate an Additional $468,654 of Fund Balance from Fund 221 Highway User Tax Account (HUTA) to Fund the Total Project Cost; and Authorizing the City Clerk
15.A.
City Council Meeting
March 11, 2025
to Record the Notice of Completion upon Acceptance of the Work by the City Engineer
Action:
MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER LODGE, CARRIED 5-0, to adopt a Resolution 2025-025 of the City Council of the City of Hemet, California, Awarding All American Asphalt the Fiscal Year 2023/24 Slurry Seal Project, CIP 5763, in the Amount of $1,176,722, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $117,672; Approving Materials Testing in the Amount of $20,000; Authorizing the Administrative Services Director to Appropriate an Additional $468,654 of Fund Balance from Fund 221 Highway User Tax Account (HUTA) to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.
14.D A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of One New 2025 Ford F550 with 3-4 Cubic Yard Dump Body in the Amount of $98,064.24, from National Auto Fleet Group Utilizing Sourcewell Contract #091521-NAF and Authorizing the City Manager to Execute all Necessary Documents in Support of the Award
Action:
MOTION BY COUNCIL MEMBER LODGE, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2025-026 of the City Council of the City of Hemet, California, Awarding the Purchase of One New 2025 Ford F550 with 3-4 Cubic Yard Dump Body in the Amount of $98,064.24, from National Auto Fleet Group Utilizing Sourcewell Contract #091521-NAF and Authorizing the City Manager to Execute all Necessary Documents in Support of the Award.
14.E A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of One New 2026 Ford F550 AT40G Model Aerial Truck in the Amount of $221,657.50, from Altec, Inc. Utilizing Sourcewell Contract #110421-Alt, and Authorizing the Administrative Services Director to Record a Supplemental Appropriation from the Streets Equipment Replacement Fund 380-4200 in the Amount of $51,647.50 and Authorizing the City Manager to Execute all Documents Related to the Purchase and Declaring Equipment #4571 Surplus to be Sold at Auction
Action:
MOTION BY COUNCIL MEMBER LODGE, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2025-027 of the City Council of the City of Hemet, California, Awarding the Purchase of One New 2026 Ford F550 AT40G Model Aerial Truck in the Amount of $221,647.50, from Altec, Inc. Utilizing Sourcewell Contract #110421-Alt, and Authorizing the Administrative Services Director to Record a Supplemental Appropriation from the Streets Equipment Replacement Fund 380-4200 in the Amount of $51,647.50 and Authorizing the City Manager to Execute all Documents Related to the Purchase and Declaring Equipment #4571 Surplus to be Sold at Auction.
15.A.
City Council Meeting
March 11, 2025
14.F A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of One New/Unused Ford Super Duty F-550 ODRA MT4H Mechanical Road Sweeper in the Amount of $285,902.40, from National Auto Fleet Group Utilizing Sourcewell Contract #032824-Naf, and Authorizing the City Manager to Execute all Documents Related to the Purchase Action:
MOTION BY COUNCIL MEMBER LODGE, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to Adopt a Resolution 2025-028 of the City Council of the City of Hemet, California, Awarding the Purchase of One New/Unused Ford Super Duty F-550 ODRA MT4H Mechanical Road Sweeper in the Amount of $285,902.40, from National Auto Fleet Group Utilizing Sourcewell Contract #032824-Naf, and Authorizing the City Manager to Execute all Documents Related to the Purchase.
15. DISCUSSION - ACTION ITEMS
15.A A Resolution of the City Council of the City of Hemet, California, Approving an Agreement between the City of Hemet and North Star Place Branding + Marketing for Professional Citywide Branding Services in an Amount Not to Exceed $92,000, and an Additional $5,000 Project Contingency Allowance for Project-Related Needs and Authorize the City Manager to Execute All Documents Related to the Agreement
City Manager Prestwich, former Communications and Events Coordinator Reyes, North Star President Will Ketchum presented a PowerPoint Presentation on Branding and Marketing for Professional Citywide Branding Services.
Action:
MOTION BY COUNCIL MEMBER 2025-029 KRUPA, SECOND BY COUNCIL MEMBER LODGE, CARRIED 5-0, to adopt a Resolution of the City Council of the City of Hemet, California, Approving an Agreement with North Star Place Branding + Marketing for Professional Citywide Branding Services in the Amount of $92,000, an Additional $5,000 Project Contingency Allowance For Project-Related Needs, and Authorize the City Manager to Execute All Documents Related to the Agreement.
15.B A Resolution of the City Council of the City of Hemet, California, Approving the Agreement between the City of Hemet and Townsend Public Affairs for State and Federal Lobbying and Advocacy Services in the Amount of $7,500 per Month for an Amount Not to Exceed $90,000, and Authorizing the City Manager to Execute All Documents Related to the Agreement City Manager Prestwich and Townsend Public Affairs Vice President Cori Takkinen provided a presentation on State and Federal Lobbying and Advocacy Services.
Action:
15.A.
City Council Meeting
March 11, 2025
MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2025-030 of the City Council of the City of Hemet, California, Approving the Agreement between the City of Hemet and Townsend Public Affairs for State and Federal Lobbying and Advocacy Services in the Amount of $7,500 per Month for an Amount Not to Exceed $90,000, and Authorizing the City Manager to Execute All Documents Related to the Agreement
15.C Fiscal Year 2025-26 Budget Workshop
Administrative Services Director Tiffany Barnett presented a PowerPoint Presentation on the 2025-26 Budget Workshop.
Action:
By consensus, the City Council received and filed the Fiscal Year 2025-26 Budget Workshop presentation.
15.D An Ordinance of the City Council Of the City of Hemet, California, Adding Article XIV to Chapter 18 of the Hemet Municipal Code to Establish a Sales Tax Sharing and Economic Development Program for Automobile Dealerships City Attorney Graham provided a presentation on Establishing a Sales Tax Sharing and Economic Development Program for Automobile Dealerships.
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM KENDRICK, CARRIED 5-0, to:
1. Introduce and Conduct First Reading of An Ordinance of the City Council Of the City of Hemet, California, Adding Article XIV to Chapter 18 of the Hemet Municipal Code to Establish a Sales Tax Sharing and Economic Development Program for Automobile Dealerships direct to City Attorney to add language to the ordinance that includes the addition of travel trailers, marine crafts such as boats, and airplanes and to bring forth a Resolution that includes the limitations of agreements for the Sales Tax Sharing and Economic Development Program for the automobile dealerships.; and
2. Waive Further Reading of the Ordinance; and direct the City Clerk to schedule the second reading and adoption of the Ordinance at the next regularly scheduled City Council Meeting.
15.E Presentation on City Emergency Preparedness Roles and Responsibilities City Manager Prestwich, City Attorney Graham, and Fire Chief Sell presented a PowerPoint Presentation on the Emergency Operations Center and Preparedness Roles and Responsibilities.
Action:
By consensus, the City Council received and filed a Presentation on City Emergency Preparedness Roles and Responsibilities
15.A.
City Council Meeting
March 11, 2025
16. CITY COUNCIL AND STAFF REPORTS
Mayor Peterson asked for Council Comments. Council Member Krupa, Council Member Lodge, Council Member Males, Mayor Pro Tem Kendrick, and Mayor Peterson gave reports.
CITY MANAGER MARK PRESTWICH
City Manager Prestwich announced the recruitment for the Hemet Youth Council through April 30, 2025, and stated recruitment information is on the City’s website: hemetca.gov. City Manager Prestwich also announced that Cookies with a Cop and the Hemet Regional Economic Summit will take place on March 20, 2025, the Bedrock Valley Trail Run & Gravel Ride will be held on April 5-6, 2025, the Autism Acceptance & Resource fair on April 12, 2025, Hemet Beautiful on April 26, 2025, and the Hemet AM skateboard competition on May 23-25, 2025.
17. FUTURE AGENDA ITEMS
None.
18. ADJOURNMENT
There being no further business, Mayor Peterson adjourned the meeting at 9:06 p.m. The next Regular City Council Meeting will be at 6:00 p.m. on March 25, 2025.
APPROVAL: ATTEST:
_______________________________
Jackie Peterson
_____________________________
John P. Maier, MBA, MMC
Mayor City Clerk
15.A.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 25 2025
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 Heritage Pointe Tracts 36889, 36890, 36891 and 36892; Approving Warranty Agreements and Security for Tracts 36889, 36890, 36891, and 36892; Authorizing the City Manager to Execute the Warranty Agreements; Authorizing the City Engineer to Release the Original Faithful Performance and Material and Labor Bonds upon Execution of the Warranty Agreements; and Authorizing the City Engineer to Release the Warranty Bonds upon Expiration of the Warranty Period and Completion of any Necessary Repairs (Generally Located South of Stetson Avenue, and East of Lyon Avenue)
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 Heritage Pointe Tracts 36889, 36890, 36891 and 36892; Approving Warranty Agreements and Security for Tracts 36889, 36890, 36891, and 36892; Authorizing the City Manager to Execute the Warranty Agreements; Authorizing the City Engineer to Release the Original Faithful Performance and Material and Labor Bonds upon Execution of the Warranty Agreements; and Authorizing the City Engineer to Release the Warranty Bonds upon Expiration of the Warranty Period and Completion of any Necessary Repairs (Generally Located South of Stetson Avenue, and East of Lyon Avenue).
BACKGROUND:
At a regularly scheduled City Council meeting held on November 9th, 2021, the City Council approved Subdivision Improvement Agreements (SIAs) between DR Horton Los Angeles Holding Company, Inc (Developer) and the City of Hemet, for Tracts 36889, 36890, 36891, and 36892 and accepted Faithful Performance Bonds and Labor & Material Bonds (Bonds) for each tract. The SIAs obligate the developer to complete the required public improvements which are detailed in said agreements.
15.B.
It was discovered during this acceptance process that the original SIAs were never recorded with the Riverside County Recorder. Since the project is complete, recreating and recording the SIAs did not seem to be the most efficient. It was decided to recommend to the City Council, with the input of the City Attorney, to enter into separate warranty agreements and accept associated bond bonds for security.
ANALYSIS:
The Developer was required to construct, or cause to be constructed, improvements that were identified in the various improvement plans that each SIA identified. The public improvements have been completed and inspected to the satisfaction of the City Public Works 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 to the City.
In this case, due to the recording status of the SIAs, staff is recommending that the City Council approve warranty agreements and security bonds in the amount of 25% of the original bonds.
DISCUSSION:
The Engineering Division has performed inspections, provided punch lists, and reviewed as-built plans. The developer has completed the required work allowing the City Engineer to recommend that the public improvements be accepted, enter into warranty agreements with new bonds in the amount of 25% of their initial amounts, release the original bonds, and commence the one-year warranty period 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 release by the City Engineer after the one-year warranty period has expired in accordance with Section 11 of the SIAs. However for these tracts, staff is requesting approval of warranty agreements and bonds to immediately replace the original bonds for the duration of the warranty period.
The developer has also provided all monumentation documents that have been verified, plan checked, and approved by the Engineering Division.
The public improvements for these tracts will be re-inspected prior to the expiration of the warranty period and any necessary warranty repairs will be completed by the Developer prior to the release of the warranty bonds.
PREVIOUS COUNCIL ACTION:
The City Council previously approved the subdivision improvement agreements for the tracts on November 9, 2021.
15.B.
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.
FISCAL IMPACT:
There are no impacts to the General Fund with this City Council action.
ALTERNATIVE(S):
1. Do not accept the public improvements and approve the warranty agreements with related security.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1 - Resolution Heritage Pointe Acceptance
Attachment 2 - SIA Tr 36889
Attachment 3 - SIA Tr 36890
Attachment 4 - SIA Tr 36891
Attachment 5 - SIA Tr 36892
Attachment 6 - Final COAs SDR and MHC
Attachment 7 - Final COAs TTM
Attachment 8 - Tract 36889 Warranty Agreement and Security Attachment 9 - Tract 36890 Warranty Agreement and Security Attachment 10 - Tract 36891 Warranty Agreement and Security Attachment 11 - Tract 36892 Warranty Agreement and Security
15.B.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACCEPTING PUBLIC
IMPROVEMENTS ASSOCIATED WITH HERITAGE
POINTE TRACTS 36889, 36890, 36891 AND 36892;
APPROVING WARRANTY AGREEMENTS AND
SECURITY FOR TRACTS 36889, 36890, 36891, AND
36892; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE WARRANTY AGREEMENTS;
AUTHORIZING THE CITY ENGINEER TO RELEASE THE
ORIGINAL FAITHFUL PERFORMANCE AND MATERIAL
AND LABOR BONDS UPON EXECUTION OF THE
WARRANTY AGREEMENTS; AND AUTHORIZING THE
CITY ENGINEER TO RELEASE THE WARRANTY BONDS
UPON EXPIRATION OF THE WARRANTY PERIOD AND
COMPLETION OF ANY NECESSARY REPAIRS
(GENERALLY LOCATED SOUTH OF STETSON AVENUE,
AND EAST OF LYON AVENUE)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, Subdivision Improvement Agreements (SIAs) for Tracts 36889, 36890, 36891, and 36892, with DR Horton Los Angeles Holding Company, Inc (“Developer”) were approved by the City Council on November 9, 2021; and WHEREAS, the Developer provided Faithful Performance Bonds and Labor and Material Bonds (Bonds) that were accepted for security by the City with the approval of the SIAs; and
15.B.
CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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WHEREAS, the Developer has completed the required public improvements for Tracts 36889, 36890, 36891 and 36892 including record drawings 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 improvements associated with Tracts 36889, 36890, 36891 and 36892; 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 WHEREAS, 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; 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
15.B.
CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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WHEREAS, it was discovered during the acceptance process that the SIAs were not recorded with the Riverside County Recorder; and
WHEREAS, staff recommends the City Council approve warranty agreements and associated security for tracts 36889, 36890, 36891, and 36892, authorize the City Manager to execute the agreements and subsequently authorize the City Engineer to release the original bonds associated with the SIAs; and WHEREAS, staff recommends the City Council authorize the City Engineer to release the warranty bonds upon completion of any necessary warranty repairs and expiration of the one-year warranty period.
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. ACCEPTANCE - The public improvements associated with Tracts 36889, 36890, 36891, and 36892 are accepted by the City.
SECTION 3. APPROVAL - The warranty agreements and associated security is approved and the City Manager is authorized to execute the agreements.
SECTION 4. RELEASE - The City Engineer is authorized to release the original bonds upon execution of the warranty agreements.
SECTION 5. WARRANTY RELEASE - The City Engineer is authorized to release the warranty bonds upon expiration of the warranty period and completion of any necessary warranty repairs.
15.B.
CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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SECTION 6. EFFECTIVE DATE- This Resolution shall become effective upon adoption.
PASSED, APPROVED AND ADOPTED this 25th day of March, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.B.
CITY OF HEMET RESOLUTION NO. 2025-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 25th day of March, 2025, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
15.B.
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 FloridaAvenue
Hemet, California 92543
THISSPACEFOR RECORDER’SUSEONL
Y
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT N0. 36889
By and Between
THE CITY OF HEMET,
a municipal corporation
and
DR. HORTON LOS ANGELES HOLDING COMPANY, INC.,
A CALIFORNIA CORPORATION
Dated: November 9, 2021
RIV #4836-3917-8284
15.B.
9th day of
November 2021
Horton Los Angclcs Holding Company Inc. a California corpora?on itigatio
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 36889
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this by and between the City of Hemet, a municipal corporation (“City”) and DR. (“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 ?nal Tract Map for real property locatedwithin City, a legal descriptionof which is attached hereto as Exhibit “A”. The Tract Map is identi?ed in City records as Tract No. 36889. On December 3, 2019 the City Planning Commission conditionally approved Tentative Tract No. 36889.
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 e_t$1.), (“Map Act”) the City Ordinances, the conditions of approval for Tract No. 36889, or other ordinances,resolutions,or policies of City requiring constructionof improvementsin conjunction with the subdivision of land.
C. Pursuant to City Ordinances and the applicableprovisions of the Subdivision 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 No. 36889.
D. City has authority to enter into this SubdivisionImprovement 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 ?nal map for Tract No. 36889.
DEFINED TERMS
“Developer” shall mean DR. Horton Los Angeles Holding Company, Inc., a California corporation. 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-interestto Developer having a legal and/or equitable interest in the Property. “Estimated Costs” shall mean the City Engineer’s approximationof the actual cost to construct the Public Improvements, including the replacement cost for all landscaping. “L n 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 RIVIJ4836-3917-8284v21r1 _ _
15.B.
proceeding, including, but not limited to, court costs, ?ling, 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 bejust 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 No. 36889 located in the City of Hemet, California, as is more particularly described in the legal description and diagram attached hereto and incorporatedhereby by referenceat 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, traf?c 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 No. 36889 and as shownin detail on the plans, and speci?cations which have been approved by the City and incorporatedinto Tract No. 36889. The Parties agree that the Public Improvements to be completed by Developer are more speci?cally described in the diagram or plan attached hereto and incorporatedherein by reference as Attachment“B. Notwithstanding, Attachment “B”, Developershall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Tract No. 36889 a full copy of which is on ?le 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 N0. 36889 ” shall mean the ?nal map prepared and approved by the City for Tentative Tract No. 36889.
“Warranty” shall mean the one-year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in whichDeveloper warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE,in consideration of the 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 conditionsare satis?ed in the order provided:
1.1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;
RlV #4836—3917-8284v2.1rl
15.B.
Final Map and Agreement Approval
Record Agreement
Record Final Ma
Prior Partial Construction nl‘l‘ublie Improvements
Permits; Notices; Utility Statements
I’m-approval of Plans and Speci?cations
?ualig of Work; Compliance With Laws and Codes
1.2 . The City Council of the City (“City
Council”) approves the ?nal map for Tract No. 36889 and this Agreement;
1.3 . Developer and City execute the Agreement and City records this Agreement in the Recorder’s Of?ce of the County of Riverside; and
1.4 . Developer records the ?nal map for Tract No. 36889 in the Recorder’s Of?ce of the County of Riverside.
If the above described conditions are not satis?ed 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 de?ned 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 con?ict 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 . 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 . 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 underthis Agreement. Developershall 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 ?le 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 . Developeris prohibited from
commencing work on any Public Improvement until all plans and speci?cations 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.
2.4 . The construction
plans and speci?cations for the Public Improvements shall be prepared in accordance with all RIV #4836-39l7-8284 v2.1r]
- _
15.B.
d of Performance
ons lo Improvements
Obligations Referenced in Conditions of Tentative Mag Aunroval 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, speci?cations, standard drawings, and special amendmentsthereto on ?le 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 Standar . 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 1 alifomia. Developerrepresents 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 suf?cient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, quali?cations and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, quali?cations and approvals shall be maintained throughout the term of this Agreement.
2.6 Alterati . All work shall be done and improvements
made and completed as shown on approved plans and speci?cations, and any subsequent alterationsthereto. If during the course of construction and installationof the PublicImprovements it is determinedthat the public interestrequires alterationsin the Public Improvements, Developer shall undertakesuch design and construction changes as may be reasonably requiredby City. Any and all alterations in the plans and speci?cations 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
. 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 satis?ed prior to the date of this Agreement are identi?ed on Exhibit “D” hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liablefor 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. Maintenanceshall 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 conditionreasonably acceptable to City; removal of debrisfrom 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 maintenancework, but if it shall fail to do so, it shall promptly perform such maintenance work when noti?ed to do so by City. If Developer fails to properly prosecute its maintenanceobligation underthis section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or RIV #4836-3917-8284v2.1rl _ -
15.B.
Extensions
Accrual of Limitations Period
Develoncr Obligation Do Not Terminate.
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 ?nal map for Tract No. 36889.
4.1 . 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 gt 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 ?led by City followingthe date on which the Public Improvements were to have been completed hereunder. In addition,as considerationfor 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 suf?ciency of the improvementsecurity provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.
4.2 . 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 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 conditionsof 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 satis?ed in full unless waived or modi?ed 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 No. 36889 shall conform to all federal,state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. All grading, landscaping,and construction activitiesshall be performed in a manner to control erosion and prevent ?ooding problems. The City Engineershall have the authority to require erosionplans to prescribe reasonable controls on the method,manner, and time of grading, landscaping, and construction activities to prevent nuisancesto surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traf?c 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. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by
15.B.
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 e_tm. 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 No. 36889 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 applicabl federal, state, and locallaws, rules, and regulations, including, but not limitedto, the requirements e of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installedunderground.
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 establishedby City ordinance,resolution, regulation, or policy, or as established by City relative to Tract No. 36889, or as required by othergovernmental agencies having jurisdiction over Tract No. 36889.
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 inspectionby City of the Public Improvements and areas where construction of the 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 ?nished work as may be directed which have not previously been inspected. After examination, the Developershall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be consideredas direct control of the individualworkmen on thejob 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 ful?ll this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstandingthat 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 failsto comply with any other obligation containedherein, Developer and itssurety shall bejointly 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 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.
RIV ”4836-3917-8284 v2 lrl _ _
15.B.
Developer‘s Notice of Comnlction
Cit! Acceptance of Public lmnrovcmcnts
Developer’s Obligation to Provide As-Buill or Record Drawim.
10.1 . Upon the total or partial acceptance
of the Public Improvements by City, Developer shall ?le with the Recorder’s Of?ce of the County of Riverside a notice of completion for the accepted Public Improvements in accordance wit CaliforniaCivil Code section 3093, at which time the accepted Public Improvements shall becomh the sole and exclusive property of City without payment therefor. e
10.2 . If Tract No. 36889 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 permitsfor any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Publi Improvements. c
10.3 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 Engineerfor all such Public Improvements. The drawings shall be certi?ed and shall re?ect the condition of the Public Improvements as constructed, with all changes incorporatedtherein.
11. WARRANTY AND GUARANTEE. Developer herebywarrants 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 conditionreasonably 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 duringthe 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 shallrelieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expirationof 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 e_tm.) shall in no way limit or modify Developer’s indemni?cation obligation provided in Section 16.0 of this Agreement.
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 RlV #4836-3917-8284v2.1rl _ -
15.B.
ncty thousand ?ve hundred and 00/100 dollars
($1,790,500.00!
um: million seven hundred nincg thousand
?ve hundred and 00/100 dollars ($1,790,500.00!
Additional chuircmcms
Form of Securig
Develoner’sLinbili?
as set forth in Section 18.0 e_tsgq. 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 sum of one million seven hundred ni
, 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 absolutediscretion 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 No. 36889, and the total remaining Security is not lessthan twenty-?ve 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 Developeris not in default on any provision of this Agreement or condition of approval for Tract No. 36889.
12.3 Labor & Material ngg. To secure payment to the contractors, subcontractors,laborers,materialmen, 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 sum of
, which sum shall not be lessthan one hundred
percent (100%) of the EstimatedCosts. 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 ?nal 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 anticipatedadministrative and legal expenses arising out of such claims.
12.4 . The surety for any surety bonds provided as
Security shall have a current A.M. Best’s rating of no less than AzVIII, 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 speci?cations for the Public Improvements shall in any way affect its obligation on the Security.
12.5 . The evidence of the Security shall be provided on the forms set forth in Attachment “C”, unlessother 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 incorporatedherein by this reference.
12.6 . 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
15.B.
SIS 200.00
?fteen thousand two hundred and 00/100 dollars
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 ?nancial 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 shallrequire 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 No. 36889 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 ,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 authorizationof the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgmentof 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 No. 36889.
14. LIEN. To secure the timely performance of Developer’s obligations under this Agreement, including those obligationsfor which security has been provided pursuant to Sections
12.0 e_t?]: 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 e_tm. and 13.0 of this Agreement, City shall ?rst 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 harmlessfrom any claim or demand arising out of or incidentto signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected of?cials, of?cers, employees, and agents from any and all actualor 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 indemni?cation includes, without limitation, the payment of all penalties, ?nes,judgments, awards, decrees, attorneys“ fees, and related costs or expenses, and the reimbursementof City, its elected of?cials, of?cers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemni?cation excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, ?ne, or injury, to property or RlV #4836-3917-8284 v2.1rl
-
15.B.
Tvncs; Amounts
low
Additional Insured; Separation of Insurcds
persons, including wrongful death, which is caused solely and exclusivelyby 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 terminatio of this Agreement, and shall not be restricted to insurance proceeds, if any, received nby City, its elected of?cials, of?cers, employees, or agents.
17. INSURANCE.
17.1 . Developershall 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 describedbelow. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no lessthan two timesthe speci?ed 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. Developerand its contractors shall procure and maintain businessautomobile liabilityinsurance,or equivalentform, with a combined single limit of not lessthan $1,000,000 per occurrence. Such insuranceshall include coverage for the ownership, operation, maintenance,use, loading, or unloading of any vehicle owned, leased, hired, or borrowedby the insured or for which the insured is responsible.
17.1.3 Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurancewith limits as requiredby the Labor Code of the State of California and employers’ liability insurancewith limits of not lessthan $1,000,000 per occurrence, at all times during which insuredretains 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 ?ve (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
17.2 . Any deductiblesor 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 of?cials, of?cers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a ?nancial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrativeand defense expenses.
17.3 . The Required Insurance
shall name City, its elected of?cials, of?cers, 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 equipmentfurnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected of?cials, of?cers, employees, agents, and volunteers. v2, ]
15.B.
Primag Insurance; Waiver of Subrogation
Certi?cates; Veri?cation
Term; Cancellation Notice
My.
Failure to Remedy; Cig Action
17.4 . The Required Insurance
shall be primary with respect to any insuranceor self-insurance programs covering City, its elected of?cials, of?cers, employees, agents, and volunteers. All policiesfor 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 . Developer and its contractors shall furnish City with original certi?cates of insurance and endorsements effecting coverage for the Required Insurance. The certi?cates and endorsementsfor each insurancepolicy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certi?cates and endorsementsmust be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certi?ed copies of all required insurancepolicies, at any time.
17.6 . Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any certi?cate, policy, or endorsementwhich 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 allowedto expire except on 30 days’ prior written notice to City.
17.7 . Unless approved in writing by City, all Required Insurance shall be placed with insurerslicensedto do businessin the State of California and with a current A.M. Best rating of at least Alell.
18. DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Developer neglects, refuses, or fails to ful?ll or timely complete any obligation, term, or condition of this Agreement, or if City determinesthere 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. Developershall 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 immediatethreat 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 installationof the Public Improvements and all other administrativecosts expenses as provided for in Section 9.0 of this Agreement.
18.2 . If the work required to remedy the
noticed default or violation is not diligently prosecuted to a substantial completion acceptableto 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 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 RIV #4836—39l7-8284
15.B.
Other Remedies
Authority to [Cnler Agreement
Coogcralion; Further Acts
Construction; References;Cautions
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 . No action by City pursuant to Section 18.0e_tm. of this 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 independentlyor cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or speci?c performance.
19. GENERAL PROVISIONS.
19.1 . 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 . The Parties shall fully cooperate with one
another, and shall take any additionalacts or sign any additional documents as may be necessary, appropriate,or convenient to attain the purposes of this Agreement.
19.3 . 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 referencingtime, days, or period for performance shallbe deemedcalendardays and not work days. All references to Developer includeall personnel, employees, agents, and subcontractorsof Developer, except as otherwise speci?ed in this Agreement. All referencesto City include its elected of?cials, of?cers, employees, agents, and volunteers except as otherwise speci?ed in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not de?ne, limit, augment, or describethe scope, content, or intent of this Agreement.
19.4 Notices. All notices, demands,invoices,and written communicationsshall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by writtennotice:
CITY:
City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
DEVELOPER/OWNER:
DR. Horton Los Angeles HoldingCompany, Inc., a
California corporation
2280 Wardlow Circle , Suite 100
RIV #4836-3917-8284
15.B.
Amendment; Modi?cation
Assignment or Transfer of Agreement
Binding Effect
(I Part! Bene?ciaries
g; SeverahiIitl
and Venue
Corona, CA 92880
Attn: Jennifer L. O’Leary, Assistant Secretary
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U.S. Mail ?rst class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
19.5 . No supplement, modi?cation, 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 of the same or similartype. The foregoing shall be true whetherCity’s actions are intentional or unintentional. Developeragrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or de?ciencies 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 . 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, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless speci?cally 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 . Each and all of the covenants and conditions shall be binding on and shall inure to the bene?t 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 Thir . There are no intended third party
bene?ciaries of any right or obligation assumed by the Parties.
19.10 Invalidi . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceableby a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
19.11 Consent to Jurisdiction . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or 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 ?led and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the bene?t 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 RIV
15.B.
Atlornexs’Fees and Costs
Relationship Between The Parties
Cnunlcrnarts
Effective Date of Agreement
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 . If any 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 ?nal judgment or arbitration award, shall be entitledto and recover from the other party all LitigationExpenses. Anyjudgment, order, or award entered in such legal action or proceeding shall contain a speci?c provision providing for the recovery of Litigation Expenses.
19.13 . The Parties hereby mutually agree
that neither this Agreement, any map related to Tract No. 36889, nor any otherrelated 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 subcontractorsare exclusively and solely under the control and dominionof Developer. Nothing herein shall be deemedto make Developer or its contractors an agent or contractor of City.
19.14 . This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
19.15 . 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 ?rst-above written.
CITY OF HEMET
By
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
By:
City Attorney
-14_ RlV #4836-3917-8284 lrl
15.B.
SUBDIVIDER/OWNER
DR. Horton Los Angeles Holding Company, Inc., a California corporation of DR. Horton Los Angeles
, Inc., a corporation
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 0R REGULATIONS APPLICABLE TO DEVELOPER’S
BUSINESS ENTITY.
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15.B.
lness, accuracy ity
CALIFOR IA NOTARY ACK OWLEDGE ENT
(IND VIDUAL)
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 truthfu , or valid of that document.
State of California
County of Riverside
On 10/26/2021 before me, Desiree Dawn Savaria , Notary Public (insert name and ti?e of the officer), personally appeared Jennifer L-O'Leary
, who proved to me on the
basis of satisfactory evidence to be the person(x) whose name(a) is/ane subscribed to the within instrument and acknowledged to me that lxelshe/ihetyexecuted the same in Mather/moi):
authorized capacity(iets(), and that by higher/stignature(s¢ on the instrument the person(sa, or the entity upon behalf of which the person(sb 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 and officialseal.
DESIRAEDAWNSAVARIA
Notary Public- California
RiversideCounty
Commission4‘2354561
Comm.ExpiresApr 16. 2025
Signature (Seal)
VNN W1 Copyright © 2018 NotaryAcknowledgement com AllRights Reserved
15.B.
wh i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer complet ng thls certificate verifies only the identityofthe individua 0 l signed the document to wh ch th certi?cate is attached and not the truthfulness accuracy or valid of that document
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and coul prevent fraudulent reattachment of this form d
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT is
STATE OF CALIFORNIA
COUNTY OF
On 20 beforeme, a Notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribedto the within instrumentand acknowledgedto me that he/she/they executedthe same in his/her/theirauthorized capacity and (ies), that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and of?cial seal.
(SIGNATURE OF NOTARY)
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) I] LIMITED
[:1 GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) 0R ENTITYUES» SIGNER(S) OTHER THANNAMED ABOVE RIV #4336-3917-8284
15.B.
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36889
The land referred to hereinbelow is situatedin the City of Hemet, in the County of Riverside, State of California, and is describedas follows:
Parcel 1:
Lot 7 of Tract No. 21250-1, as shown by Map on ?le in Book 171, Pages 63 and 64 of Maps, Records of Riverside County, California.
Parcel 2:
Lot 2 of Tract No. 21250, as shown by Map on ?le inBook 177,Pages 70 and 71 of Maps, Records of Riverside County, California.
Excepting from Parcels 1 and 2, any and all (1)Oil Rights, (II) Mineral Rights, (III) Natural Gas rights, (IV) rights to all other hydrocarbons by whatsoever name known, (V) Geothermal heat rights, or geothermal substancesthat may be produced from the property, (VI) Water Rights and claims or rights to water and (VII) all products derived from any of the foregoing (collectively, “subsurface resources”), as conveyed to DRH Energy, Inc., a Colorado Corporation by Deed recorded March 15, 2021 as Instrument No. 2021—0161507of Of?cial Records.
Also Excepting from Parcels 1 and 2, any the perpetualright to drill, mine, explore and operate for and produce, store and remove any of the subsurface resources on or from the property, including without limitation the right to whipstock or directionally drill and mine, from lands other than the property wells, tunnels and shafts into, through or across the subsurface of the property, and to bottom such whipstocked or directionallydrilled wells, tunnels and shafts within or beyond the exterior limits of the property, and to re-drill, re-tunnel, equip,maintain,repair, deepenand operate any such wells or mines, but without the rights to drill,mine, explore, operate, produce, store or remove any of the subsurfaceresources through or in the surface of the property or the upper ?ve hundred (500) feet of the subsurface of the property as conveyed to DRH Energy, Inc., A Colorado Corporation by Deed recorded March 15, 2021 as Instrument No. 2021-0161507 of Of?cial Records.
RIV SUBDIVISION
15.B.
EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS
TRACT N0. 36889
As provided in this Agreement, Developer shall construct or cause to be constructed all of th Public Improvements identi?ed in the plans listed below: e STREET IMPROVEMENT PLANS: EA2012-011 consisting of 10 sheets prepared by Blain A. Womer Civil Engineering under the supervision of Blaine Womer, signed July 15, 2021, e and approved by Acting City Engineer on July 20, 2021 to include all approved revisionshereinafte until improvements are accepted by City. r
SIGNING AND STRIPING PLANS: N/A
STREETLIGHT PLANS: ([EA####]) consisting of 2 sheets prepared by Candela Engineerin under the supervision of Brian Overley, signed September 17,2021, and approved bygActing City Engineer on October 7, 2021 to includeall approved revisions hereinafter until improvementsare accepted by City.
LANDSCAPE & IRRIGATION PLANS, LLMD/CFD MAINTENANCE DISTRICT:
([EA####]) consistingof 24 sheetsprepared by SJA, Inc. underthe supervision ofJohn T. Norton, signed October 5, 2021, and approved by Acting City Engineer on [City Approval Date] to include all approved revisions hereinafter until improvements are accepted by City.
SEWER AND WATER IMPROVEMENT PLANS: consisting of 7 sheets prepared by Blaine A. Womer Civil Engineering under the supervision of Blaine Womer, signed July 15, 2021 and approved by Acting City Engineer on August 10, 2021 and Eastern Municipal Water District (EMWD) on July 29, 2021 to include all approved revisions hereinafter until improvementsare accepted by City and EMWD.
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15.B.
EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY
TRACT NO. 36889
As evidence of understandingthe 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 af?xed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 1.790.500
Surety:
Attorney-in-fact
Address:
LABOR & MATERIAL BOND PRINCIPAL AMOUNT: $ 4172015700
Surety:
Attorney-in-fact:
Address:
CASH MONUMENT SECURITY: $ 15.200
Amount deposited per Cash Receipt No.
1 SUBDIVISION IMPROVEMENT AGREEMENT
RlV
xxxxxxxxx dd/mm/yyyy
15.B.
RECORDED AT THE REQUESTOF
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
THIS SPACEFOR RECORDER’SUSEONL
Y
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 36890
By and Between
THE CITY OF HEMET,
a municipal corporation
and
D.R. ORTON LOS ANGELES HOLDING COMPANY, INC.,
A CALIFORNIA CORPORATION
Dated: December 14, 2021
15.B.
December 2021
Horton Los Anzeles Holding Company Inc. a California corporation
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 36890
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this 14th day of by and between the City of Hemet, a municipal corporation (“City”) and DR. (“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 ?nal Tract Map for real property located within City, a legal descriptionof which is attached hereto as Exhibit “A”. The Tract Map is identi?ed in City records as Tract No. 36890. On December 3, 2019 the City Planning Commission conditionally approved Tentative Tract No. 36890.
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 e_t$1.), (“Map Act”) the City Ordinances, the conditions of approval for Tract No. 36890, 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 Subdivision 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 No. 36890.
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 ?nal map for Tract No. 36890.
DEFINED TERMS
“Developer” shall mean DR. Horton Los Angeles Holding Company, Inc., a California corporation. 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
15.B.
proceeding, including, but not limited to, court costs, ?ling, 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 No. 36890 located in the City of Hemet, California, as is more particularly described in the legal description and diagram attached hereto and incorporated hereby by reference at Attachment 66A,,-
“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, traf?c 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 No. 36890 and as shown in detail on the plans, and speci?cations which have been approved by the City and incorporated into Tract No. 36890. The Parties agree that the Public Improvements to be completed by Developer are more speci?cally 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 No. 36890 a full copy of which is on ?le 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 No. 36890” shall mean the ?nal map prepared and approved by the City for Tentative Tract No. 36890.
“Warranty” shall mean the one-year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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 satis?ed in the order provided:
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15.B.
Final Man and Agreement Aggraval
Record Agreement
Record Final Mag
uetian of Public lmgrnvements
Permits; Notices; Util g Statements
Pre-agnroval of Plans and Sgeei?cations
1.1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;
1.2 . The City Council of the City
(“City Council”) approves the ?nal map for Tract No. 36890 and this Agreement;
1.3 . Developer and City execute the Agreement and City records this Agreement in the Recorder’s Of?ce of the County of Riverside; and
1.4 . Developer records the ?nal map for Tract No. 36890 in the Recorder’s Of?ce of the County of Riverside.
If the above described conditions are not satis?ed 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 de?ned 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 con?ict 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 Constr . 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 . 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 ?le 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 . Developer is prohibited from
commencing work on any Public Improvement until all plans and speci?cations 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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15.B.
Qualig of Work; Comp]
Alterations to Improvements
Aggroval
2.4 iance With Laws and Codes. The construction
plans and speci?cations 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, speci?cations, standard drawings, and special amendments thereto on ?le 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 Performang. 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 suf?cient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, quali?cations and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, quali?cations and approvals shall be maintained throughout the term of this Agreement.
2.6 . All work shall be done and improvements
made and completed as shown on approved plans and speci?cations, and any subsequent alterations thereto. If during the course of construction and installation of the 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 speci?cations 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 Conditions of Tentative Man . 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 satis?ed prior to the date of this Agreement are identi?ed 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 noti?ed to do so by City. If Developer fails to properly #4836-3917-8284
15.B.
Extensions
Period
Develoger Obligation Do Not Terminate.
prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the 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 ?llly and adequately complete or have completed the Public Improvements within one year (12 months) following approval of the ?nal map for Tract No. 36890.
4.1 . 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 e_t$1 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 ?led 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 suf?ciency 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 . 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 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 satis?ed in full unless waived or modi?ed 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 No. 36890 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 ?ooding 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 traf?c 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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15.B.
In order to prevent damage to the Public Improvements by improper drainage or other hazards the 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 e_tseq. 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 No. 36890 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’sjurisdictional 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 No. 36890, or as required by other governmental agencies having jurisdiction over Tract No. 36890.
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 of the 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 ?nished 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 ful?ll 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 RIV #4836-3917-8284 v2.1r1 _ _
15.B.
Developer’s Notice of Completion
Cig Acceptance of Public Imgrovcments
Dcveloger’s Obligation to Provide As-Built or Record Drawings 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 . Upon the total or partial acceptance
of the Public Improvements by City, Developer shall ?le with the Recorder’s Of?ce 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 . If Tract No. 36890 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 . 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 certi?ed and shall re?ect 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 e_tseq.) shall in no way limit or modify Developer’s indemni?cation obligation provided in Section 16.0 of this Agreement.
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15.B.
one million four hundred eigh? one thousand ?ve
hundred and 00/100 dollars {$1,481,500.00}
Partial Release
Additional Reguirem cnts
Form of Securig
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 e_tm. 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 sum of
, which sum shall be not less than one hundred
percent (100%) of the Estimated Costs.
12.2 . 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 No. 36890, and the total remaining Security is not less than twenty-?ve 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 No. 36890.
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 sum of one million four hundred eightv one thousand ?ve hundred and 00/100 dollars ($1.481.500.00). 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 ?nal 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 . The surety for any surety bonds provided as
Security shall have a current A.M. Best’s rating of no less than AzVIII, 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 speci?cations for the Public Improvements shall in any way affect its obligation on the Security.
12.5 . 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.
15.B.
Develoner’sLiabilig
00/100 dollars ($16,400.00!
12.6 . 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 ?nancial 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 No. 36890 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 sixteen thousand four hundred and , 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 No. 36890.
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 e_t5g. 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 e_t?. and 13.0 of this Agreement, City shall ?rst 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 of?cials, of?cers, 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 RIV #4836-3917-8284
15.B.
Types; Amounts
Deducti blcs
Improvements, or performance of this Agreement. This indemni?cation includes, without limitation, the payment of all penalties, ?nes, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected of?cials, of?cers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemni?cation excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, ?ne, 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 of?cials, of?cers, employees, or agents.
17. INSURANCE
17.1 . 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 speci?ed 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 ?ve (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
17.2 . 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 of?cials, of?cers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a ?nancial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
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15.B.
Additional Insured; Segaration ol‘ Insureds
Primary Insurance; Waiver of Subrogation
Certi?cates; Verification
Term; Cancellation Notice
nsurer Rating
17.3 . The Required Insurance
shall name City, its elected of?cials, of?cers, 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 contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected of?cials, of?cers, employees, agents, and volunteers.
17.4 . The Required Insurance
shall be primary with respect to any insurance or self-insurance programs covering City, its elected of?cials, of?cers, 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 . Developer and its contractors shall furnish
City with original certi?cates of insurance and endorsements effecting coverage for the Required Insurance. The certi?cates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certi?cates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certi?ed copies of all required insurance policies, at any time.
17.6 . Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any certi?cate, 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 I . Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least AzVIII.
18. DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Developer neglects, refuses, or fails to ful?ll 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 twentyfour (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 of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
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15.B.
Failure to Remedy; Cig Action
Authori? to Enter Agreement
Cooperation; Further A
Construction; References; Cagtions
Notices
18.2 . 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 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 gt LOCI.of this 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 speci?c performance.
19. GENERAL PROVISIONS
19.1 . 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 cts. 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 . 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 speci?ed in this Agreement. All references to City include its elected of?cials, of?cers, employees, agents, and volunteers except as otherwise speci?ed in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not de?ne, limit, augment, or describe the scope, content, or intent of this Agreement.
19.4 . 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:
RIV #4836-3917-8284v2.1rl _ _
15.B.
Amendment; Modi?catinn
Assignment or Transfer of Agreement
Binding Effect
CITY:
City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
DEVELOPER/OWNER:
DR. Horton Los Angeles Holding Company, Inc., a
California corporation
2280 Wardlow Circle , Suite 100
Corona, CA 92880
Attn: Jennifer L. O’Leary, Assistant Secretary
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by US Mail ?rst class postage prepaid, as of 72 hours after deposit in the US Mail.
19.5 No supplement, modi?cation, or
amendment of this Agreement shall be binding unless executed 1n 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 of the 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 de?ciencies 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 . 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, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless speci?cally 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 . Each and all of the covenants and conditions shall be binding on and shall inure to the bene?t 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.
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15.B.
, , ,7, Par? .
lnvalidig? Severabili?
and Venue
Attarneys’ Fees and Costs
Relutionshig Between The Parties
Counterparts
19.9 No Third Bene?ciaries There are no intended third party bene?ciaries of any right or obligation assumed by the Parties.
19.10 . 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 . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or 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 ?led and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the bene?t 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 . If any 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 ?nal 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 speci?c provision providing for the recovery of Litigation Expenses.
19.13 . The Parties hereby mutually agree
that neither this Agreement, any map related to Tract No. 36890, 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 . 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 ?rst-above written.
CITY OF HEMET
By
City Manager
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15.B.
ATTEST:
City Clerk
APPROVED AS TO FORM
By:
City Attorney
SUBDIVIDER/OWNER
By
of DR. Horton Los Angeles
Holding , Inc., a corporation
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 v2.1rl _ _
DR. Horton Los Angeles Holding Company, Inc., a California corporation
15.B.
accuracy ity
CALIFORNIA NOTARY ACKNOWLEDGE ENT
( DIV DUAL)
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, , or valid of that document.
State of California
County of Riverside
On November 23, 2021 before meI S.J. PARADISO, NOTARY PUBLIC (insert name and ti?e of the officer), personally appeared JenniferL O'Learv who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/ane subscribed to the withi instrument and acknowledged to me that lxa/she/thegtexecuted the same in Mather/Mk n authorized capacity(ie¢so, and that by Wher/lbeiksignature? on the instrument the person(sb, or the entity upon behalf of which the person(sa acted, executed the instrument.
I certify under PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
. . WITNESS my J. PARADISO hand and offICIalseal
Notary Public.California
RiversideCounty
Commissionit2279826
MyComm.ExpiresMar7, 2023
Signature (Seal)
Copyright © 2018 NotaryAcknowledgement.com AllRights Reserved
15.B.
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 a Notary public, personally
appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose names(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(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and of?cial seal.
(SIGNATURE 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 El INDIVIDUAL
E] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
[j PARTNER(S) E] LIMITED
El GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) 0R ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE RIV #4836—3917-8284
20 before me,
TITLE(S)
NUMBER OF PAGES
DATE OF DOCUMENT
15.B.
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.
On a Notary public, personally
appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose names(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(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and of?cial seal
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 El
Cl
C]
SIGN ER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
STATE OF CALIFORNIA
COUNTY OF
20 before me,
(SIGNATURE OF NOTARY)
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) [:1 LIMITED
[I GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
15.B.
XHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36890
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: ,
Parcel 1
Lot 8 of Tract No. 21250-1, as shown by Map on ?le in Book 171, Pages 63 and 64 of Maps Records of Riverside County, California. ,
Parcel 2:
Lot 3 of Tract No. 21250, as shown by Map on ?le in Book 177, Pages 70 and 71 of Maps, Records of Riverside County, California.
Excepting from Parcels 1 and 2, any and all (I) Oil Rights, (II) Mineral Rights, (III) Natural Gas rights, (IV) rights to all other hydrocarbons by whatsoever name known, (V) Geothermal heat rights, or geothermal substances that may be produced from the property, (VI) Water Rights and claims or rights to water and (VII) all products derived from any of the foregoing (collectively, “subsurface resources”), as conveyed to DRH Energy, Inc., a Colorado Corporation by Deed recorded March 15, 2021 as Instrument No. 2021-0161507 of Of?cial Records.
Also Excepting from Parcels 1 and 2, any the perpetual right to drill, mine, explore and operate for and produce, store and remove any of the subsurface resources on or from the property, including without limitation the right to whipstockor directionally drill and mine, from lands other than the property, wells, tunnels and shafts into, through or across the subsurface of the property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts within or beyond the exterior limits of the property, and to re-drill, re-tunnel, equip, maintain, repair, deepen and operate any such wells or mines, but without the right to drill, mine, explore, operate, produce, store or remove any of the subsurface resources through or in the surface of the property or the upper ?ve hundred (500) feet of the subsurface of the property as conveyed to DRH Energy, Inc., A Colorado Corporation by Deed recorded March 15, 2021 as Instrument No. 2021-0161507 of Of?cial Records.
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15.B.
(EA
(EA
(EA
EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 36890
As provided in this Agreement, Developer shall construct or cause to be constructed all of the Public Improvements identi?ed in the plans listed below:
STREET IMPROVEMENT PLANS: EA2103-012 consisting of 9 sheets prepared by Blaine A. Womer Civil Engineering under the supervision of Blaine Womer, signed October 21, 2021, and approved by Acting City Engineer on November 1, 2021 to include all approved revisions hereinafter until improvements are accepted by City.
SIGNING AND STRIPING PLANS: N/A.
STREETLIGHT PLANS: ) consisting of 2 sheets prepared by Candela Engineering under the supervision of Brian Overley, signed September 17, 2021, and approved by Acting City Engineer on 2021 to include all approved revisions hereinafter until improvements are accepted by City
LANDSCAPE & IRRIGATION PLANS, LLMD/CFD MAINTENANCE DISTRICT:
) consisting of 24 sheets prepared by SJA, Inc. under the supervision of John T Norton, signed October 5, 2021, and approved by Acting City Engineer on on 2021 to include all approved revisions hereinafter until improvements are accepted by City SEWER AND WATER IMPROVEMENT PLANS: ) consisting of 8 sheets prepared by Blaine A. Womer Civil Engineering under the supervision of Blaine Womer, signed November 12, 2021 and approved by Acting City Engineer on October 27, 2021 and Eastern Municipal Water District (EMWD) on 2021 to include all approved revisions hereinafter until improvements are accepted by City and EMWD.
OTHER: N/A
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15.B.
PRINCIPAL
EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY
TRACT NO. 36890
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 af?xed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 1,481,500
Surety
Attomey-in-fact:
Address:
LABOR & MATERIAL BOND $ 1,481,500
AMOUNT:
Surety:
Attomey-in-fact:
Address:
CASH MONUMENT SECURITY: $ 16,400
Amount deposited per Cash Receipt No. Date 11/18/2021
SUBDIVISION IMPROVEMENT AGREEMENT
15.B.
RECORDED AT THE REQUESTOF
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
THISSPACEFORRECORDER’SUSEONL
Y
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 36891
By and Between
THE CITY OF HEMET,
a municipal corporation
and
D.R. HORTON LOS ANGELES HOLDING COMPANY, INC.,
A CALIFORNIA CORPORATION
Dated: November 9, 2021
15.B.
91hday of
November 202|
Horton Los Angclcs lIoIdingCompanv Inc._ a California corporation
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 36891
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this by and between the City of Hemet, a municipal corporation (“City”) and DR. (“Developer”). City and
Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. Developer has submittedto City an application for approval of a ?nal Tract Map for real property located within City, a legal description of which is attached hereto as Exhibit “A”. The Tract Map is identi?ed in City records as Tract No. 36891. On August 22, 2017 the City conditionallyapproved Tentative Tract No. 36891.
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 $1.), (“Map Act”) the City Ordinances, the conditions of approval for Tract No. 36891, 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 furnishingof the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 36891.
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 ?nal map for Tract No. 36891.
DEFINED TERMS
“Developer” shall mean DR. Horton Los Angeles Holding Company, Inc., a California corporation. 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-interestto Developer having a legal and/or equitable interest in the Property. “Estimated Costs” shall mean the City Engineer’s approximationof 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 RlV #4836-3917-8284v2.1rl
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15.B.
proceeding, including, but not limited to, court costs, ?ling, recording, and service fees, copyin costs, exhibit production costs, special media rental costs, attorneys’ fees, fees for investigators g 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 SubdivisionMap Act, Government Code Sections 66410 et seq. “Property ” shall mean the all of the real property contained within the boundaries of Tract No. 36891 located in the City of Hemet, California, as is more particularly described in the legal description and diagram attached hereto and incorporated hereby by reference at Attachment 66A”.
“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, traf?c 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 No. 36891 and as shown in detail on the plans, and speci?cations which have been approved by the City and incorporated into Tract No. 36891. The Parties agree that the Public Improvements to be completed by Developer are more speci?cally 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 No. 36891 a full copy of which is on ?le 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 No. 36891” shall mean the ?nal map prepared and approved by the City for Tentative Tract No. 36891.
“Warranty” shall mean the one-year period following completionof the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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 satis?ed in the order provided:
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15.B.
Final Mannnd Agreement Approval
Record Agreement
Record Final Man
ctiun of Public lmnrovemems.
l'crmits- NoticeS' ‘ Statements
l’re—annroval of Plans and Speci?cations
1.1 §ecurity. Developer provides City with the Security of the type and in the amounts required by this Agreement;
1.2 . The City Council of the City
(“City Council”) approves the ?nal map for Tract No. 36891 and this Agreement;
1.3 . Developer and City execute the Agreement and City records this Agreement in the Recorder’s Of?ce of the County of Riverside;and
1.4 . Developerrecords the ?nal map for Tract No. 36891 in the Recorder’s Of?ce of the County of Riverside.
If the above described conditions are not satis?ed 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 de?ned 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 con?ict 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 Constru 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 . 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 ?le 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 depositslegally required by the utility for the extensionand provision of utility service to the Property.
2.3 . Developer is prohibited from
commencing work on any Public Improvement until all plans and speci?cations 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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15.B.
Qualig of Wnrk; Compliance With Laws and Codes
Standard of Performan
Alterations to Imnmvcmcnts
, blizations
Anni-oval
2.4 . The constructio
plans and speci?cations for the Public Improvements shall be prepared in accordance n 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, speci?cations, standard drawings, and special amendmentsthereto on ?le 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 g. 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 suf?cient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, quali?cations and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, quali?cations and approvals shall be maintained throughout the term of this Agreement.
2.6 . All work shall be done and improvements
made and completed as shown on approved plans and speci?cations, and any subsequent alterations thereto. If during the course of construction and installation of the 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 speci?cations 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 0 Referenced in Conditions of Tentative Man
. 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 satis?ed prior to the date of this Agreement are identi?ed 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 noti?ed to do so by City. If Developer fails to properly
15.B.
Extensions
Period
Developer Obligation [)0 Not Terminate.
prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the 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 ?nal map for Tract No. 36891.
4.1 . 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 e_t?. 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 ?led by City followingthe 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 suf?ciency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonablediscretion.
4.2 Accrual of Limitations . 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 otherwisenot complete required or agreed upon Public Improvements.
4.3 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—extensionof 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 satis?ed in full unless waived or modi?ed 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 No. 36891 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 ?ooding 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 activitiesto 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 traf?c routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similarmatters.
15.B.
In order to prevent damage to the Public Improvements by improper drainage or other hazards the 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 Qt §e_q. 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 No. 36891 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 orindustrial 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 No. 36891, or as required by other governmental agencies having jurisdiction over Tract No. 36891.
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 of the 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 ?nished 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 ful?ll 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, incurredin 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 RlV #4836-3917-8284v2.lrl
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15.B.
Devcluner’sNotice of Completion
City Acccnlancc01‘Public Improvements
Dcvclnpcr’s Obligation to Provide As-Buil! or Recurd Drawings 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 . Upon the total or partial acceptance of the Public Improvements by City, Developer shall ?le with the Recorder’s Of?ce 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 . If Tract No. 36891 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 . Notwithstandingthe 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 drawingsshall be certi?ed and shall re?ect the condition of the Public Improvements as constructed, with all changes incorporatedtherein.
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 e_tsiq.) shall in no way limit or modify Developer’s indemni?cationobligation provided in Section 16.0 of this Agreement.
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15.B.
one million six hundred seventy six thousand ?ve
hundred and 00/100 dollars {$1,676,500.00}
Partial Release
seventy six thousand ?ve hundred and 00/100 dullars ($1,676,500.00! Additional chuircmcnts
Form 01 Securitv
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 gt $1. 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 sum of
, which sum shall be not less than one hundre
percent (100%) of the Estimated Costs. d
12.2 . 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 No. 36891, and the total remaining Security is not less than twenty-?ve 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 DeveIOper is not in default on any provision of this Agreement or condition of approval for Tract No. 36891.
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 sum of one million six hundred , 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 authorizationof the City Engineer after six (6) months from the date City accepts the ?nal 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 . The surety for any surety bonds provided as
Security shall have a current A.M. Best’s rating of no less than AzVIlI, 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 speci?cations for the Public Improvements shall in any way affect its obligation on the Security.
12.5 . 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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15.B.
Developer’s Liabilig
?fteen thousand two hundred and
00/100 dollars ($15,200.00!
12.6 . 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. Notwithstandingthe giving of any Security instrument or the subsequent expiration of any Security instrumentor any failure by any surety or ?nancial 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 requirementsin 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 No. 36891 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 , which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determinedby the City Engineer. Said cash deposit may be released by written authorization of the City Engineer a?er 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 No. 36891.
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 e_tm. 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 e_tm. and 13.0 of this Agreement, City shall ?rst 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 harmlessfrom any claim or demandarising out of or incidentto signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected of?cials, of?cers, 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 administrativeaction 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 RIV #4836-3917-8284 v2.1rl _ _
15.B.
'l‘mcs; Amounts
Dcducliblcs
Improvements, or performance of this Agreement. This indemni?cation includes, without limitation, the payment of all penalties, ?nes, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected of?cials, of?cers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemni?cation excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, ?ne, 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 of?cials, of?cers, employees, or agents.
17. INSURANCE.
17.1 . 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 speci?ed 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 borrowedby 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 insuredretains 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 ?ve (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
17.2 . 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 of?cials, of?cers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a ?nancial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
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15.B.
Additional Insured; Segaratinn of [nsureds
Priming Insurance; Waiver of Subrogulion
Cc ?catcs; Veri?cation
Term; Cancellati (ice
w
17.3 . The Required Insurance
shall name City, its elected of?cials, of?cers, employees, agents, and volunteers as additiona insureds with respect to work performed by or on behalf of Developer or its contractors, l including materials, parts, or equipment furnished in connection therewith. The Require Insurance shall contain standard separation of insured provisions, and shall contain nod special limitations on the scope of its protection to City, its elected of?cials, of?cers, employees, agents, and volunteers.
17.4 . The Required Insurance
shall be primary with respect to any insurance or self-insurance programs covering City, its elected of?cials, of?cers, 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 . Developer and its contractors shall ?amish
City with original certi?cates of insurance and endorsementseffecting coverage for the Required Insurance. The certi?cates and endorsementsfor each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certi?cates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certi?ed copies of all required insurance policies, at any time.
17.6 . Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any certi?cate, 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 . Unless approved in writing by City, all Required Insurance shall be placed with insurerslicensed to do business in the State of California and with a current AM. Best rating of at least Alell.
18. DEFAULT; NOTICE; REMEDIES
18.1 Notice. If Developer neglects, refuses, or fails to ful?ll 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 twentyfour (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 of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
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15.B.
Failure to Remedy; Cit! Action
0th er Remedies
Authorig to Enter Agreement
Cooperation; Further Acts
Construction; References; Captions
18.2 . If the work required to remedy the
noticed default or violation is not diligently prosecuted to a substantialcompletion 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 right to take such actionsshall 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 . No action by City pursuant to Section 18.0 e_tsiq. of this 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 independentlyor cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or speci?c performance.
19. GENERAL PROVISIONS.
19.1 . 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 . 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 . 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 subcontractorsof Developer, except as otherwise speci?ed in this Agreement. All references to City include its elected of?cials, of?cers, employees, agents, and volunteers except as otherwise speci?ed in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not de?ne, 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:
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15.B.
Assignment or ’l'ransfer of Agreement
Binding Effect
CITY:
City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
DEVELOPER/OWNER:
DR. Horton Los Angeles Holding Company, Inc., a California corporation 2280 Wardlow Circle , Suite 100
Corona, CA 92880
Attn:Jennifer L. O’Leary, AssistantSecretary
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously depositedwith United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by US. Mail ?rst class postage prepaid, as of 72 hours after deposit in the US.
Mail.
19.5 Amend! . N0 supplement, modi?cation, 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 of the same or similartype. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaimor set off, any and all defects, irregularities or de?ciencies 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 . 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, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless speci?cally 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 . Each and all of the covenants and conditions shall be binding on and shall inure to the bene?t 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.
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15.B.
Nu Third Party Bene?ciaries
Invalidity; Severabilig;
Consent to Jurisdiction and Venue
Attornexs’Fees and Costs
Relationship Between The Parties
Counternarts
Effective Date of Agreement
19.9 . There are no intended third party bene?ciariesof any right or obligation assumed by the Parties.
19.10 . If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remainin provisions shall continue in full force and effect. g
19.11 . This Agreement shall be construed
in accordance with and governed by the laws of the State of California. Any legal action or 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 ?led and prosecuted in the appropriateCalifornia State Court in the County of Riverside,California. Each Party waives the bene?t 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 . If any 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 ?nal judgment or arbitrationaward, 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 speci?c provision providing for the recovery of Litigation Expenses.
19.13 . The Parties hereby mutually agree
that neither this Agreement, any map related to Tract No. 36891, 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 . This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
19.15 . 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 ?rst-above written.
CITY OF HEMET
By:
City Manager
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15.B.
ATTEST:
By
City Clerk
APPROVED AS TO FORM
By
City Attorney
SUBDIVIDER/OWNER
DR. Horton Los Angeles Holding Company, Inc., a California corporation By
of DR. Horton Los Angeles
,Inc., a corporation
NOTE: DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIREDBY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S
BUSINESS ENTITY.
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15.B.
accuracy ity
Ivzrslda munon
CALIFOR IA NOTARY ACKNOWLEDGE E T
( ND v DUAL)
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, , or valid of that document.
State of California
County of Riverside
On 10/26/2021 before me, Desirae Dawn Savaria , Notary Public (insert name and ti?e of the of?cer), personally appeared Jennifer L-O'Leary
, who proved to me on the
basis of satisfactory evidence to be the person(x) whose name(a) is/ane subscribed to the within instrument and acknowledged to me that lxe/she/liwexecuted the same in Mather/MR authorized capacity(ieg(), and that by Wher/theixsignaturem on the instrument the person(s&, or the entity upon behalf of which the person(sa acted, executed the instrument.
I certify under PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal
DESIRAEDAWNSAVARlA
NotaryPublic- California
R County Signature (Seal) Com a 2354561
Comm.ExpiresApr 16, 2025
VNN Copyright © 2018 NotaryAcknowledgement.com. AllRights Reserved.
15.B.
A
truthfulness, abcuracy,
T
ily
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the or valid of that document
On a Notary public, personally
appeared
who proved to me on the basis of satisfactory evidenceto be the person(s) whose names(s) is/are subscribedto the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upondbehalf of which the person(s) acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.
WITNESS my hand and of?cial seal.
(SIGNATURE 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 El INDIVIDUAL
[1 CORPORATE OFFICER
PARTNER(S) El
El
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
STATE OF CALIFORNIA
COUNTY OF
20 before me,
TITLE OR TYPE OF DOCUMENT
TITLE(S)
LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN—FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHERm DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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15.B.
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36891
The land referred to herein below is situated in the City of Hemet, in the County of Riverside State of California, and is describedas follows: ,
Parcel 1:
Lot 7 of Tract No. 21250, as shown by Map on ?le in Book 177, Pages 70 and 71 of Maps, Records of Riverside County, California.
Parcel 2:
Lots 1 through 8, inclusive of Tract No. 24947-1, as shown by Map on ?le in Book 223, Pages 51 and 52 of Maps, Records of Riverside County, California.
Parcel 3:
Lot 10 of Tract No. 21250, as shown by Map on ?le in Book 177, Pages 70 and 71 of Maps, Records of Riverside County, California.
Excepting therefromthat portion lying within Tract No. 24947-1 as shown by Map on ?le in Book 223, Pages 51 and 52 of Maps, Records of Riverside County, California.
Also Excepting from Parcels 1 through 3, any and all (I) Oil Rights, (II) Mineral Rights, (111) Natural Gas rights, (IV) rights to all other hydrocarbons by whatsoever name known, (V) Geothermal heat rights, or geothermal substancesthat may be produced from the property, (V1) Water Rights and claims or rights to water and (VII) all products derived from any of the foregoing (collectively, "subsurfaceresources"), as conveyed to DRH Energy, Inc., a Colorado Corporation by Deed recorded March 15, 2021 as Instrument No. 2021-0161507 of Of?cial Records.
Also Excepting from Parcels 1 through 3, any the perpetual right to drill, mine, explore and operate for and produce, store and remove any of the subsurface resources on or from the property, including without limitationthe right to whipstock or directionally drill and mine, from lands other than the property wells, tunnels and shafts into, through or across the surface of the property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts within or beyond the exterior limits of the property, and t0 re-drill, re-tunnel, equip,maintain,repair, deepen and operate any such wells or mines, but without the rights to drill,mine, explore, operate, produce, store or remove any of the subsurface resources through or in the subsurface 0f the property or the upper ?ve hundred (500) feet of the subsurface of the property as conveyed to DRH Energy, Inc., A Colorado Corporation by Deed recorded March 15, 2021 as Instrument No. 2021-0161507 of Of?cial Records.
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15.B.
EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 36891
As provided in this Agreement, Developer shall construct or cause to be constructed all of th Public Improvements identi?ed in the plans listed below: e STREET IMPROVEMENT PLANS: (EA2012-015) consisting of 8 sheets prepared by Blaine A. Womer Civil Engineering under the supervision of Blaine Womer, signed June 16, 2021, an approved by Acting City Engineer on July 13, 2021, to include all approved revisions hereinafter d until improvements are accepted by City.
SIGNING AND STRIPING PLANS: N/A
STREETLIGHT PLANS: consisting of 2 sheets prepared by Candela Engineering under the supervision of Brian Overley, signed September 17, 2021, and approved by Acting City Engineer on October 7, 2021, to include all approved revisions hereinafter until improvements are accepted by City.
LANDSCAPE & IRRIGATION PLANS, LLMD/CFD MAINTENANCE DISTRICT:
consisting of 24 sheets prepared by SJA, Inc. under the supervision of John T. Norton, signed October 5, 2021, and approved by Acting City Engineer on [City Approval Date] to include all approved revisions hereinafter until improvements are accepted by City.
SEWER AND WATER IMPROVEMENT PLANS: consisting of 8 sheets prepared by Blaine A. Womer Civil Engineeringunder the supervision of Blaine Womer, signed July 15, 2021, and approved by Acting City Engineer on August 10, 2021 and Eastern Municipal Water District (EMWD) on July 29, 2021 to include all approved revisions hereina?er until improvements are accepted by City and EMWD.
CHAMBERS STREET IMPROVEMENT PLANS: (EA2012-015) consisting of 4 sheets prepared by Blaine A. Womer Civil Engineering under the supervision of Blaine Womer, signed June 16, 2021, and approved by Acting City Engineer on July 20, 2021 to include all approved revisions hereinafter until improvementsare accepted by City.
15.B.
EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY
TRACT NO. 36891
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 af?xed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 1,676,500 77 Surety Attorney-in—fact:
Address:
LABOR & MATERIAL BOND PRINCIPAL $ 1,676,500
AMOUNT:
Surety:
Attorney-in-fact
Address:
CASH MONUMENT SECURITY: $ $15.200
Amount depositedper Cash Receipt No. xxxxxxxxx Date: dd/m yyy 1 SUBDIVISION IMPROVEMENT AGREEMENT
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15.B.
RECORDED AT THE REQUESTOF
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
THIS SPACEFOR RECORDER’SUSEONL
Y
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 36892
By and Between
THE CITY OF HEMET,
a municipal corporation
and
D.R. HORTON LOS ANGELES HOLDING COMPANY, INC.,
A CALIFORNIA CORPORATION
Dated: March 22, 2022
15.B.
March 2022 DR. Horton
Los Angles Holding Commany Inc, a California corgoration
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 36892
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this 22nddav of by and between the City of Hemet, a municipal corporation (“City”) and (“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 ?nal Tract Map for real property located within City, a legal description of which is attached hereto as Exhibit “A”. The Tract Map is identi?ed in City records as Tract No. 36892. On August 22, 2017 the City conditionally approved Tentative Tract No. 36892 and on September 17, 2019 granted an extension of time to August 22, 2022.
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 e_tm), (“Map Act”) the City Ordinances, the conditions of approval for Tract No. 36892, 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 No. 36892.
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 ?nal map for Tract No. 36892.
DEFINED TERMS
“Developer” shall mean DR. Horton Los Angeles Holding Company, Inc., a California corporation. 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.
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“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 proceeding, including, but not limited to, court costs, ?ling, 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 determineto 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 No. 36892 located in the City of Hemet, California, as is more particularly described in the legal description and diagram attached hereto and incorporatedhereby 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, traf?c 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 No. 36892 and as shown in detail on the plans, and speci?cations which have been approved by the City and incorporated into Tract No. 36892. The Parties agree that the Public Improvements to be completed by Developer are more speci?cally 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 No. 36892 a full copy of which is on ?le 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 No. 36892” shall mean the ?nal map prepared and approved by the City for Tentative Tract No. 36892.
“Warranty” shall mean the one-year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in whichDeveloper warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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 satis?ed in the order provided:
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15.B.
g and Agreement Apgroval
Agreement
Final Man
on of Public [m movements
Permits; Not cs; Utilig Statements
Pre-aggroval of Plans and Speci?cations
1.1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;
1.2 Final Ma . The City Council of the City (“City
Council”) approves the ?nal map for Tract No. 36892 and this Agreement;
1.3 Record . Developer and City execute the Agreement and City records this Agreement in the Recorder’s Of?ce of the County of Riverside; and
1.4 Record . Developer records the ?nal map for Tract No. 36892 in the Recorder’s Of?ce of the County of Riverside.
If the above described conditions are not satis?ed 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 de?ned 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 con?ict 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 Constructi . 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 . 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 ?le 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 . Developer is prohibited from
commencing work on any Public Improvement until all plans and speci?cations 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.
15.B.
Quality of Work; Comnl
Alterations to Imgrovements
Aggraval
2.4 iance With Laws and Codes. The construction
plans and speci?cations 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, speci?cations, standard drawings, and special amendments thereto on ?le 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 Performang. 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 suf?cient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, quali?cations and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, quali?cations and approvals shall be maintained throughout the term of this Agreement.
2.6 . All work shall be done and improvements
made and completed as shown on approved plans and speci?cations, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interestrequires 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 speci?cations and the Public Improvements to be completed may be accomplishedwithout giving prior notice thereof to Developer’s surety for this Agreement.
2.7 Other Obligations Referenced in Conditions of Tentative Man . 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 satis?ed prior to the date of this Agreement are identi?ed 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 noti?ed 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 lrl
15.B.
Extensions
Period
Develoger Obligation Do Not Terminate.
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 ?nal map for Tract No. 36892.
4.1 . 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 e_tm. 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 ?led 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 suf?ciency 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 . 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 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 satis?ed in full unless waived or modi?ed 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 No. 36892 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 ?ooding problems. The City Engineer shall have the authority to require erosion plansto 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 traf?c 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. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed
15.B.
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 e_tg}. 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 No. 36892 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 No. 36892, or as required by other governmental agencies having jurisdiction over Tract No. 36892.
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 of the 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 ?nished 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 ful?ll 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 attomey’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 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. 1r]
15.B.
Develoner’sNotice of Comple?on
Cig Acceptance of Public Improvements
Obliga Record
ancc Bond
10.1 . Upon the total or partial acceptance
of the Public Improvements by City, Developer shall ?le with the Recorder’s Of?ce 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 . If Tract No. 36892 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 tion to Provide As-Built or 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 certi?ed and shall re?ect 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 ?om 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 amountsand 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 e_tm.) shall in no way limit or modify Developer’s indemni?cation obligation provided in Section 16.0 of this Agreement.
12.1 Perform . To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default
15.B.
ty-eight
($1,688,000‘00h wh
one million six hundred eighgmight thousand
and 00/100 dollars {$1,688,000.00}
Additional Reguirements
Form of Securig
Developer’s Liabilig
as set forth in Section 18.0 e_tm. 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 sum of one million six hundred eigh thousand and 00/100 dollars ich 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 discretio and upon recommendation of the City Engineer, partially release a portion or portions n 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 No. 36892, 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 No. 36892.
12.3 Labor & Material Bog. 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 sum of ,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 ?nal 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 . The surety for any surety bonds provided as
Security shall have a current A.M. Best’s rating of no less than A2VIII, 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 speci?cations for the Public Improvements shall in any way affect its obligation on the Security.
12.5 . 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 . 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
15.B.
twang one thousand two hundred and 00/100
dollars ($21,200.00!
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 ?nancial 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 improvementsrequired to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitut Security as City shall require satisfying the requirementsin this Section 12. e
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 comers, and street centerline monuments for Tract No. 36892 in compliance with the applicabl provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Developer e shall deposit cash with City in the amount of
,which sum shall not be lessthan 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 No. 36892.
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 e_ts_eq.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 e_t?. and 13.0 of this Agreement, City shall ?rst 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 of?cials, of?cers, 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 indemni?cation includes, without limitation, the payment of all penalties, ?nes, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected of?cials, of?cers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemni?cation excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, ?ne, or injury, to property or v2,1r1
15.B.
Types; Amounts
Deductibles
Additional Insured; Separation of lnsureds
persons, including wrongful death, which is caused solely and exclusively by the gross negligence or Wlll?ll 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 of?cials, of?cers, employees, or agents.
17. INSURANCE
17.1 . 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 speci?ed 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 ?ve (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
17.2 . 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 of?cials, of?cers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a ?nancial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
17.3 . The Required Insurance
shall name City, its elected of?cials, of?cers, 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 contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected of?cials, of?cers, employees, agents, and volunteers.
RIV #4836-3917-8284 v2 1n _ _
15.B.
Primag Insurance; Waiver of Snbrogation
Certi?cates; Veri?cation
Term; Cancellation Notice
Rating
Failure to Remedy; Cig Action
17.4 . The Required Insurance
shall be primary with respect to any insurance or self-insurance programs covering City, its elected of?cials, of?cers, employees, agents, and volunteers. All policiesfor 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 . Developer and its contractors shall furnish City with original certi?cates of insurance and endorsements effecting coverage for the Required Insurance. The certi?cates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certi?cates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certi?ed copies of all required insurance policies, at any time.
17.6 . Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any certi?cate, 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 . Unless approved in writing by City, all Required Insurance shall be placed with insurerslicensed to do business in the State of California and with a current AM. Best rating of at least A:VIII.
18. DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Developer neglects, refuses, or fails to ful?ll 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 of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
18.2 . 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 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 RN #4836-3917-8284v2 m _ -
15.B.
Authority to Enter Agreement
Cooneration; Fu rther Acts
Construction; References; Cautions
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 therea?er 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 e_tm. of this 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 its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or speci?c performance.
19. GENERAL PROVISIONS.
19.1 . 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 . 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 . 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 subcontractorsof Developer, except as otherwise speci?ed in this Agreement. All references to City include its elected of?cials, of?cers, employees, agents, and volunteers except as otherwise speci?ed in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not de?ne, limit, augment, or describe the scope, content, or intent of this Agreement.
19.4 Notices. All notices, demands, invoices, and written communicationsshall 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
DEVELOPER/OWNER:
DR. Horton Los Angeles Holding Company, Inc., a
California corporation
2280 Wardlow Circle , Suite 100
RIV
15.B.
ant; Modi?cation
Assignment or Transfer of Agreement
Binding Effect
d Parg Bene?ciaries
g5 Severabilig
and Venue
Corona, CA 92880
Attn: Jennifer L. O’Leary, Assistant Secretary
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered and by U.S. Mail ?rst class postage prepaid, as of 72 hours after deposit in the U.S. Mail. ;
19.5 Amendm . No supplement, modi?cation, 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 of the 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 de?ciencies 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 . 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, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless speci?cally 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 . Each and all of the covenants and conditions shall be binding on and shall inure to the bene?t 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 Thir . There are no intended third party
bene?ciaries of any right or obligation assumed by the Parties.
19.10 Invalidi . 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 . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or 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 ?led and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the bene?t 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
15.B.
Attornexs’Fees and Costs
Relationship Between The Parties
Counterparts
e Date of Agreement
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 . If any 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 ?nal 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 speci?c provision providing for the recovery of Litigation Expenses.
19.13 . The Parties hereby mutually agree
that neither this Agreement, any map related to Tract No. 36892, 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 . This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
19.15 Effectiv . 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 ?rst-above written.
CITY OF HEMET
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
By:
City Attorney
RIV #4836-3917-8284 lrl
15.B.
SUBDIVIDER/OWNER
DR. Horton Los Angeles Holding Company, Inc., a California corporation J of DR. Horton Los Angeles
Ho , Inc., a California corporation
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—8284v2 111 _ -
15.B.
NI
accuracy idity
Janmm L. O‘Laary
CAL FOR A OTARY ACK OWLEDGE ENT
(INDIVIDUAL)
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, , or val of that document.
State of California
County of Riverside
On March 9, 2022 before me, S.J. PARADISO.NOTARY PUBLIC (insert name and tit|e of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(x) whose name(a) islanesubscribed to the withi instrument and acknowledged to me that bra/she/M executed the same in blather/moi): n authorized capacityo'eeo, and that by Wher/Mksignaturem on the instrument the person(s&, or the entity upon behalf of which the person(sa 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.
S.J. PARADISO
WITNESS my hand and officialseal N“?P”I’liCCah’fornia IversrdeCounty Commission 4‘2279826 MyComm.ExpiresMar 7, 202]
Signature (Seal)
Copyright© 2018 NotaryAcknowledgement.com. AllRights Reserved.
15.B.
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36892
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:
Parcel 1:
Lots 1 through 8, inclusive, of Tract N0. 24883-1, as shown by Map on ?le in Book 223, Pages 49 and 50 of Maps, Records of Riverside County, California.
Parcel 2:
Lot 6 of Tract No. 21250, as shown by Map on ?le in Book 177, Pages 70 and 71 of Maps, Records of Riverside County, California.
Parcel 3:
Lot 11 of Tract No. 21250, as shown by Map on ?le in Book 177, Pages 70 and 71 of Maps, Records of Riverside County, California.
Excepting therefrom that portion lying within Tract No. 24883-1 as shown by Map on ?le in Book 223, Pages 49 and 50 of Maps, Records of Riverside County, California.
Also Excepting from Parcels 1 through 3, any and all (1) Oil Rights, (II) Mineral Rights, (111) Natural Gas rights, (IV) rights to all other hydrocarbons by whatsoever name known, (V) Geothermal heat rights, or geothermal substances that may be produced from the property, (VI) Water Rights and claims or rights to water and (VII) all products derived from any of the foregoing (collectively, "subsurface resources"), as conveyed to DRH Energy, Inc., a Colorado Corporation by Deed recorded March 15, 2021 as Instrument N0. 2021-0161507 of Of?cial Records.
Also Excepting from Parcels 1 through 3, any the perpetual right to drill, mine, explore and operate for and produce, store and remove any of the subsurface resources on or from the property, including without limitation the right to whipstock or directionally drill and mine, from lands other than the property wells, tunnels and shafts into, through or across the surface of the property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts within or beyond the exterior limits of the property, and to re-drill, re-tunnel, equip, maintain, repair, deepen and operate any such wells or mines, but without the rights to drill, mine, explore, operate, produce, store or remove any of the subsurface resources through or in the subsurface of the property or the upper ?ve hundred (500) feet of the subsurface of the property as conveyed to DRH Energy, Inc., A Colorado Corporation by Deed recorded March 15, 2021 as Instrument No. 2021-0161507 of Of?cial Records.
RIV #4836-3917-8284 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT
15.B.
EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS
TRACT N0. 36892
As provided in this Agreement, Developer shall construct or cause to be constructed all of the Public Improvements identi?ed in the plans listed below:
STREET IMPROVEMENT PLANS: (EA2106-006) consisting of 7 sheets prepared by Blaine A. Womer Civil Engineering under the supervision of Blaine Womer, signed January 13, 2022, and approved by Acting City Engineer on January 18, 2022, to include all approved revisions hereina?er until improvements are accepted by City.
SIGNING AND STRIPIN G PLANS: N/A
STREETLIGHT PLANS: (EAxxxx-xxx) consisting of 2 sheets prepared by Candela Engineering under the supervision of Brian Overley, signed September 17, 2021, and approved by Acting City Engineer on January 6, 2022, to include all approved revisions hereinafter until improvements are accepted by City.
LANDSCAPE & IRRIGATION PLANS, LLMD/CFD MAINTENANCE DISTRICT:
(EAxxx-xxx) consisting of 24 sheets prepared by SJA, Inc. under the supervision of John T.
Norton, signed February 15, 2022, and approved by Acting City Engineer on [City Approval Date] to include all approved revisions hereinafter until improvements are accepted by City.
SEWER AND WATER IMPROVEMENT PLANS: consisting of 8 sheets prepared by Blaine A. Womer Civil Engineering under the supervision of Blaine Womer, signed November 22, 2021, and approved by Acting City Engineer on November 30, 2021, and Eastern Municipal Water District (EMWD) on November 23, 2021, to include all approved revisions hereinafter until improvements are accepted by City and EMWD.
CHAMBERS STREET IMPROVEMENT PLANS: (EA2012-015) consisting of 4 sheets prepared by Blaine A. Womer Civil Engineering under the supervision of Blaine Womer, signed June 16, 2021, and approved by Acting City Engineer on July 20, 2021, to include all approved revisions hereinafter until improvements are accepted by City.
OTHER: N/A
1r]
15.B.
2688,000
EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY
TRACT NO. 36892
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 af?xed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 1,688,000
Surety:
Attomey-in-fact:
Address:
LABOR & MATERIAL BOND PRINCIPAL AMOUNT: $ 1
Surety:
Attomey-in-fact:
Address:
CASH MONUMENT SECURITY: $ $21.200
Amount deposited per Cash Receipt No. DGFUBW18X2 Date: 3/2/2022
SUBDIVISION IMPROVEMENT AGREEMENT
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15.B.
City of Hemet – Final Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-017 and MODEL HOME MARKETING COMPLEX 21- 006 – D.R. Horton at Heritage Place
CITY OF HEMET
FINAL
CONDITIONS OF APPROVAL
PLANNING COMMISSION DATE: December 21, 2021
PROJECT NO.: Site Development Review No. 21-017 & Model Home Complex No. 21-006
OWNER/APPLICANT: D. R. Horton – Ryan Woosley
LOCATION: Northeast of Elk Street and Thornton Avenue
TRACT(S): Tract No. 36890
DESCRIPTION: Site Development Review 21-017, For the design, architecture, placement, fencing, and landscaping of 68 single-family homes in Tract No. 36890 on 13.60 acres, and Model Home Marketing Complex No. 21-006 for a model
home complex consisting of one (1) model on lots 2 and trap fencing, landscaping, signage, and a temporary parking on lot 3.
OCCUPANCY: This project has been reviewed as a/an R-1 Occupancy; any other use will require further review.
Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition.
STANDARD CONDITIONS
The following conditions of approval were approved by the City Council (Resolution No. 3523) as standard conditions of approval for all projects. Questions regarding compliance with these conditions should be directed to the Planning Department at (951) 765-2375.
General Requirements:
1. Site Development Review No. 21-017 and Model Home Complex No. 21-006 shall become null and void on December 21, 2023 (two calendar years from the date of Planning Commission approval), unless use in reliance on the Site Development Review and Model Home Complex is established prior to the expiration date. A time extension may be granted by the Planning Commission in accordance with Hemet Municipal Code, provided a written request for a time extension is submitted the Planning Division prior to the expiration date. No formal notice of expiration will be given by the City.
15.B.
City of Hemet – Final Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-017 and MODEL HOME MARKETING COMPLEX 21- 006 – D.R. Horton at Heritage Place
2. Approval of Site Development Review No. 20-017 and Model Home Complex No. 21-006 shall become effective on January 4, 2022 unless it is appealed to the City Council by January 3, 2022 (10 calendar days after action by the Planning Commission). The appeal shall be in writing and shall be accompanied by the required fee.
3. The conditions of approval of this project shall supersede all conflicting notations, specifications, dimensions, typical sections, and the like, which may be shown on the tentative project plans.
4. This project site shall be developed in accordance with the approved plan(s) and the conditions contained herein.
5. This project shall comply with all sections of the Zoning Ordinance, Subdivision Ordinance and all other applicable Local, State and Federal laws and regulations in effect at the time of the building permit application and/or time of recordation.
6. The applicant shall be subject to all applicable development fees at the rate in effect at the time of building permit application. Such fees may include, but not be limited to: Development Impact Fees, Park Fees, School Fees, Master Plan Storm Drainage Fees, Transportation Uniform Mitigation Fees, Permit and Plan Checking Fees, Water and Sewer Service Fees, Capital Facility Fees, Multiple Species Habitat Conservation Plan and Stephen’s Kangaroo Rat Fees.
7. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in