RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
CITY OF SAN JACINTO
595 S. San Jacinto Ave., Bldg. B
SAT City CA 92583
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Secion from recording fe, pet Giovemment Code
CITY OF SAN JACINTO, CALIFORNIA
By: _
City Clerk
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL/TRACT NO. 38359
between
THE CITY OF SAN JACINTO
a California municipal corporation
and
MAPLE LANE GROUP, LLO
a California limited liability company
24438.80092142545535.1
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL/TRACT NO. 38359
I. PARTIES AND DATE.
This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this 19th day of November, 2024, by and between the City of San Jacinto, a California municipal corporation ("City") and Maple Lane Group, LLC, a California limited liability company, with its principal office located at 2005
("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." I. RECITALS.
On June 21, 2023, Developer submitted to City an application for approval of a tentative parcel/tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"). The tentative tract map was prepared on behalf of Developer by Blaine A. Womer Civil Engineering, and is identified in City records as Parcel/Tract Map No. 38359 (the "Tract").
Developer's application for a tentative parcel/tract map for the Tract was deemed complete on June 29, 2023. On September 12, 2023, the San Jacinto PLANNING COMMISSION conditionally approved Developer's application for a tentative parcel/tract map for the Tract.
Developer has not completed all of the work or made all of the public improvements required by San Jacinto's Municipal Code Section 16.24, the Subdivision Map Act (Government Code sections 66410 et seg.) ("Map Act"), the conditions of approval for the Tract, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
Pursuant to San Jacinto Municipal Code Section 16.24.010 (B) 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 the Tract.
Developer's execution of this Agreement and the provision of the security are mad n consideration of City's approval of the final map for the Trac 1 SUBDIVISION IMPROVEMENT AGREEMENT
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TERMS.
Effectiveness. This Agreement shall not be effective unless and until all four of the following conditions are satisfied:
Developer provides City with security of the type and in the amounts required by this Agreement;
Developer executes and records this Agreement in the Recorder's Office of the County of Riverside;
(C) the City Council of the City ("City Council"') approves the final map for the Tract; and
Developer records the final map in the Recorder's Office of the County of Riverside. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for the Tract.
Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of the Tract, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for the Tract ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "B", which is attached hereto and incorporated herein by this reference. 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 system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water 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. ny Publi Improve Perior Parial Construction of relic motive Agre, Men, Develope agree o complete such Public Improvements or assure their completion in accordance with th Agreement.
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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 license issued to Developer. Prior to commencing any work, Developer shall file 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. any Puri Improvement a spell pais and speelet in for such fron ommencing work on any Public Improvement until all
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.
Quality of Work: Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a bunding description thereof. All work shall be done and improvements made and completed as own on approved plans and specifications, and any subsequent alterations thereto. If during t urse of construction and installation of the Public Improvements it is determined that the publ 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 lans and specifications and the Public Improvements to be completed may be accomplishe vithout giving prior notice thereof to Developer's surety for this Agreemen 3 SUBDIVISION IMPROVEMENT AGREEMENT
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3.0 Use and Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until 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 the City and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers:
reartaining all landscaping in a vigorous and iriving condition reasonably acceptable to City:
removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City within the construction area. 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 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.
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 two 0 years of the effective date of this Agreement, unless extended pursuant to Section 4.1.
Extensions. City may, in its sole and absolute discretion, provide Developer waives any and all right to notice of such extensions). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion.
Accrual of Limitations Period. Any limitations period provided by lav 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.
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Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of the Tract shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements.
City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et seg. of this Agreement.
6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within the Tract 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. Developer shall have the right, subject to Section 4.1 above, to extend the time for completion of the Public Improvements due to any utility delay which is beyond the control of Developer and which prevents Developer from completing the Public Improvements, provided that Developer is making commercially reasonable efforts to address such delay.
7.0 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 the Tract.
8.0 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.
9.0 Default; Notice: Remedies.
Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an
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immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.
Immediately upon City's issuance of the Notice, 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 10.0 of this Agreement.
Failure to Remedy: City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, 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 improve- ments, City may require all work by Developer or its surety to cease in order to allow adequate 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
Other Remedies. No action by City pursuant to Section 9.0 et seq. 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 specific performance.
10.0 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.
1.0 Acceptance of Improvements: As-Built or Record Drawings. If the Publi mprovements are properly completed by Developer and approved by the City Engineer, and i they comply with all applicable federal, state and local laws, ordinances, regulations, codes standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. 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. Upon the total or partial
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acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which tracts are approved and recorded as a single phase map, City shall not accept any one or more of he improvements until all of the Public Improvements are completed by Developer and approve y City. Issuance by City of occupancy permits for any buildings or structures located on th Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of "as-built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
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 for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall sweep the streets within the Property and shall maintain all landscaping within the Property in a vigorous and thriving condition as determined by the City and 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 that 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.
13.0 Security: Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below ("Security") The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements,
Developer's indemnification obligation provided in Section 16.0 of this Agreement.
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 7 SUBDIVISION IMPROVEMENT AGREEMENT
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as set forth in Section 8.0 et seg. 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 (S354,598.00), which sum shall be not less than one hundred percent (100%) of the Estimated provision of this Agreement or condition of approval for the Tract, and the total remaining securit 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 12.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for the Tract.
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 Three Hundred Fifty-Four Thousand Five Hundred Ninety-Eight and 00/100 (S354,598.00), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims.
13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
13.4 Evidence and Incorporation of Security. Evidence of the Security shall be
14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee 8 SUBDIVISION IMPROVEMENT AGREEMENT
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payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for the Tract 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 three thousand nine hundred and sixty dollars ($3,960), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for the Tract.
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
13.0 et seg. and 14.0 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 13.0 et seg. and 14.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of Agency, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Consultant's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Agency, its elected officials, officers, emplovees, or agents.
16.1 Public Works Determination. Developer has been alerted to the requirements of California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all
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risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.
17.0 Insurance
17.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required nsurance"). If any of the Required Insurance contains a general aggregate limit, such insuranc shall apply separately to this Agreement or be no less than two times the specified occurrenc limit.
7.1.1 General Liability. Developer and its contractors shall procure and naintain occurrence version general liability insurance, or equivalent form, with a combined singl limit of not less than $1,000,000 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 S1,000,000 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. .1.3 Workers' Compensatio its contractors shall
ocure and maintain workers compensation insurance with limits as required by the Labor Coc 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. will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. to include contractual liability.
17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
The Required Insurance shall
name City, is elected ofils, insus, i peparation ge Insured The fre as ad tional insured, 10 SUBDIVISION IMPROVEMENT AGREEMENT
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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 insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
17.4 Primary Insurance: Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
17.5 Certificates: Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City.
Insurer Rating. 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 A: VIII.
18.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. with and consents to the removal by City 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.
19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to the Tract, 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.
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. 11 SUBDIVISION IMPROVEMENT AGREEMENT
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20.0 General Provisions.
20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
CITY: DEVELOPER:
City of San Jacinto Maple Lane Group, LLC
595 S. San Jacinto Avenue 2005 Winston Court
San Jacinto, CA 92583 Upland, CA 91784
Attn: City Manager Att: Wesley Fifield
(951) 487-7330 (909) 921-5959
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
Ornia green meding Mes cite No win me, mod ly son or emendiment 12 SUBDIVISION IMPROVEMENT AGREEMENT
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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 deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.
Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
1.10 Invaliditv: Severability t al
valid, illegal, or othervise unenferceable by a court of competent jurisdiceement remaini provisions shall continue in full force and effect.
20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a govermental entity is a party to the action or proceeding, or that a federal right or question is the ore or a gict, berliere pres waves any riging have venue ranted pursuing of California Code of Civil Procedure Section 394
20.12 Attorneys' Fees and Costs. 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 final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, 13 SUBDIVISION IMPROVEMENT AGREEMENT
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including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs. which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (C) garnishment levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. Thi section shall survive the termination or expiration of this Agreement.
20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. [Signatures on Following Page]
14 SUBDIVISION IMPROVEMENT AGREEMENT
(Updated: 2019)
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SIGNATURE PAGE TO
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL/TRACT NO. 38359
CITY OF SAN JACINTO Maple LaneGroup. 4Lc
a California municipal corporation
By: By:
City Manager (signature)
City of San Jacinto
Its: Manager
Dated: 11/5 _ 2024
_, 20_ Dated:
ATTEST:
By: By:
(signature) (signature)
Its:
City Clerk
City of San Jacinto Dated:
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.
15 SUBDIVISION IMPROVEMENT AGREEMENT
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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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF
on 11/06/20024 before me. LaTo
personally appeared Wesley M. t trame of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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) LATOYA GALLOVICH acted, executed the instrument.
COMM. #2444305
Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of SAN BERNARDINO COUNTY California that the foregoing paragraph is true and correct.
My Comm. Expires MAY 2, 2027
WITNESS my hand and official seal.
Li Toys Sallowich
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee
Guardian/Conserva
Other:
Date Of Document
gner is representir
ame Of Person(s) Or Entityie
Signer(s) Other Than Named Above
UBDIVISION IMPROVEMENT AGREEMEN
Updated: 2015
Exhibit A
24438 80092142545535.1
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
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF
On _ before me,
Date Name And Tille Of Officer (e.g. "Jane Doe, Notary Public") personally appeared
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State alifornia that the foregoing paragraph is true and correc WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Thatch then a his for not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0• Individual
Corporate Officer
Title(s) Title or Type of Document
Partners) • Limited
General
Attorney-In-Fac Number Of Pages
] Trustee/s
• Gerian/Conservator
gner is representi Date Of Document
ame Of Person(s) Or Entitylie
Signers) Other Than Named Above
SUBDIVISION IMPROVEMENT AGREEMENT
(Updated: 2019)
Exhibit A
24438.80092142545535.1
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL/TRACT NO. 38359
SUBDIVISION IMPROVEMENT AGREEMENT
(Updated: 2019)
Exhibit A
24438 80092 42545535.1
EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL/TRACT NO. 38359
Developer shall complete all public improvements as required by the following plans and the conditions of approval for the Project, dated _, all of which are on file at the offices of the Parties and incorporated into this Agreement by reference.
Street Improvement Plan Commented [A1]: Do we have the dates of che approved plans? Anything else that should be
included?
Signing and Striping Plan
Street Light Plan
Off-Site Landscape Plan
SUBDIVISION IMPROVEMENT AGREEMENT
(Updated: 2019)
Exhibit B
24438.80092\42545535.1
EXHIBIT "C"
SURETY BONDS AND OTHER SECURITY
PARCEL/TRACT NO. 38359
As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $L
Surety:
Attorney-in-fact:
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $L
Surety:
Attorney-in-fact:
Address:
CASH MONUMENT SECURITY: S
Amount deposited per Cash Receipt No. Date:
SUBDIVISION IMPROVEMENT AGREEMENT
Exhibit C
(Updated: 2019)
24-38.80092-2545535.
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
CITY OF SAN JACINTO
PARCEL/TRACT NO. 38359 IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of San Jacinto, California ("City") and Maple Lane Group, LLC, A California limited liability company ("Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 38359 ("Public Improvements"); particulanty eVer in at e an i emere on be performed by principal are more , 20 ("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and
("Surety"), a corporation organized and existing under the laws of the _, and duly authorized to transact business under the laws of the State of California, are held and City in the
_), said sum
being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
SUBDIVISION IMPROVEMENT AGREEMENT
Performance Bond- Page 1
(Updated: 2019)
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well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents. as stipulated in the Improvement Agreement, then this obligation shall become null and void:
otherwise it shall be and remain in full force and effect. taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et seg. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at → this_ day of
20 Principal a Surety
By: By:
President Attorney-in-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
SUBDIVISION IMPROVEMENT AGREEMENT
Performance Bond- Page 2
(Updated: 2019)
24438.80092142545535.1
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
CITY OF SAN JACINTO
PARCEL/TRACT NO. 38359 IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of San Jacinto, California ("City") and Maple Lane Group, LLC, A limited liability company ("Developer"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 38359 ("Public Improvements");
particularly so YoTE in a the Pain i repreer to be performed empicipal are mare , 20_ ("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond NOW, THEREFORE, Principal and
corporation organized and existing under the laws of the State of duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons
SUBDIVISION IMPROVEMENT AGREEMENT
Payment Bond - Page 1
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performing work or labor upon the same and all persons supplying both work and materials as _], said sum
and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
This bond is executed and filed to comply with Section 66499 et seg. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiled er specifications aelated theiro, on on the bond, i see meet e any such change, extension of time, alteration, or addition.
SUBDIVISION IMPROVEMENT AGREEMENT
Payment Bond - Page 2
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N WITNESS WHEREOF, the seal and signature of the Principal is hereto affixer nd the corporate seal and the name of the Surety is hereto affixed and attested by its dul authorized Attorney-in-Fact at this day of
20 Principal
Surety
By: By:
President Attorney-in-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
SUBDIVISION IMPROVEMENT AGREEMENT
Payment Bond - Page 3
(Updated: 2019)
24438.80092142545535.1