City of
Simi Valley
Staff Report
May 11
, 2026
To: City
Council
From: P
ublic Works Department
Ron Fuchiwaki, Public Works Director
Subje
ct: Adopt a resolution accepting the Final Map and approving the Subdivision Improvement Agreement and securities for Tract No. 6085, l ocated at 1845 Oak Road
Staff Re
commendation
It
is recommended that the City Council a dopt Resolution No. 2026- 16 (Attachment A) accepting the Final Map and approving Subdivision Improvement Agreement (Attachment B) and approving the securities for Tract No. 6085, located at 1845 Oak Road.
Bac
kground
On S
eptember 20, 2022, City Ventures Homebuilding, LLC filed an application seeking a General Plan Amendment (GPA-2022-0001), Zone Change (Z-S-2022-0003), Planned Development Permit (PD -S-2022-0012) and Vesting Tentative Map for a 3.61- acre site located at 1845 Oak Road designated as Ventura County Assessor’s Parcel Nos. 637-0- 140-120, 637-0-140-430, 637-0-140-445, and 637-0-140-730 and to amend the General Plan Land Use Map from General Commercial and Medium Density Residential (3.6-5.0 dwelling units/acre) to High Density Residential (10.1-20 dwelling units/acre); to amend the Zoning Map from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH) to construct a 70- unit, three story, multi - family residential condominium complex.
The a
pplication was prepared and reviewed by the Environmental Services Director, or designee (collectively, the “Director”) for, in part, consistency with the General Plan. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (Public Resources Code § 21000, et seq ., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations § 15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines. The Director completed the review and scheduled the public hearing regarding the application before the Planning Commission for August 21, 2024.
On A
ugust 21, 2024, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed project, including, without limitation, information provided to the Planning Commission by City staff and public testimony; and the Resolution and its findings are made based upon the evidence presented to the Commission at its August 21, 2024, hearing including, without limitation, the staff report submitted by the Director.
Agenda
Item No.
Consent (11)
On October 7, 2024, the City Council adopted Resolution No. 2024- 38 approving the Vesting Tentative Map and associated entitlements for Tract No. 6085. The requested action authorizes approval and recordation of the Final Map and ensures construction of public improvements with an Agreement and Bonds . Tract No. 60 85 (Attachment C - Location Map) is comprised of 70 multi-family 3-story condominium residences on a 3.61- acre site, located at 1845 Oak Road.
Discussion
The development includes an affordable housing element. City Ventures Homebuilding, LLC is the owner and subdivider of Tract No. 6085 and the executing party to the Final Map and Subdivision Improvement Agreement (SIA). The Final Map includes an owner’s statement executed by City Ventures Homebuilding, LLC consenting to recordation of the map and associated dedications. Adoption of this resolution authorizes the Mayor to sign the final map for Tract 6085 on behalf of the City Council. The map must then be returned to Ventura County staff for additional signatures . The map combines multiple existing parcels into one parcel and allows for the sale of residential condominiums within the parcel. The condominium project includes common areas that will be maintained by a homeowner’s association in perpetuity.
Adoption of the resolution also authorizes the City Manager to execute the SIA, which obligates the subdivider to complete the project, including required improvements, in a timely manner , indemnify the City , and provide insurance coverage, among other provisions. The SIA requires the developer to secure the project with surety bonds or trust fund deposits to guarantee completion of required improvements to the satisfaction of the City and that all parties performing or supplying improvements are paid.
The decision to adopt the resolution would allow the land development process to continue and allow the subdivider to proceed with the lawful sale of condominium units after Final Map recordation. The Final Map, SIA, and required securities and insurance identify and bind the same entity to ensure enforceability of completion obligations.
If the resolution is adopted, the Mayor is expected to sign the “City Council Certificate” on the Tract Map at the earliest convenience. The SIA is expected to be signed by the City Manager at the earliest administrative opportunity after adopting the resolution.
It is standard practice in municipalities to require approval and signature by elected officials when development-related improvements are dedicated to the public, and they require Agreements and surety bonds to secure the improvements. The City’s required language for statements and certificates on subdivision maps is consistent with other Ventura County municipalities.
Financial Impact
This action does not create a direct fiscal obligation for the City . The City does not have any obligation to construct the project improvements. If the developer fails to complete the improvements in accordance with City standards within a reasonable period of time, 2 surety bonds are in place to cover the costs to complete the improvements. City review and inspection services are funded using fees paid by the developer for these purposes.
City Council Priority
This item supports the City Council’s Thriving Community Pillar of Excellence.
Suggested Motion
I move that the City Council adopt Resolution No. 2026-16 accepting the final map and SIA, and approving the securities for Tract No. 6085, located at 1845 Oak Road.
Summary
The Vesting Tentative Map for Tract No. 6085, and associated entitlements, w ere approved by the City Council on October 7, 2024, by Resolution No. 2024- 38. The requested action provides City Council ’s approval for recording the F inal M ap and ensures construction of public improvements with an SIA and Bonds. Tract No. 60 85 is comprised of 70-unit multi-family condominium residences on a 3.61-acre site, located at 1845 Oak Road. The development includes an affordable housing element. The owner of Tract No. 6085 is City Ventures Homebuilding, LLC. It is recommended that the City Council Adopt Resolution No. 2026-16 accepting the Final Map and SIA, and approving the securities for Tract No. 6085, located at 1845 Oak Road.
Prepared by: Grant Goddard, Associate Engineer
Attachments
Attachment A – Resolution No. 2026-16
Attachment B – Subdivision Improvement Agreement
Attachment C – Location Map
3 Attachment A
RESOLUTION NO. 2026-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI
VALLEY ACCEPTING THE FINAL MAP AND APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT AND
SECURITIES FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS FOR TRACT NO 6085, LOCATED AT 1845
OAK ROAD
WHEREAS, the tentative map for Tract No. 6085 was approved by the City Council on October 7, 2024, by Resolution No. 2024-38; and
WHEREAS, this approval was conditioned to require the subdivider to make certain public works improvements; and
WHEREAS, the City Engineer's Office prepared agreement for construction of subdivision improvements (Subdivision Improvement Agreement), to be executed by the subdivider, providing that construction of improvements will be completed within twenty-four (24) months of City Council approval, the form of which is attached as Attachment C to the Staff Report accompanying this Resolution; and
WHEREAS, the City Engineer's Office has required the subdivider to post improvement securities for the faithful performance of said agreement, to guarantee the construction of the improvements, and to guarantee payment for materials, work and labor; and
WHEREAS, the City Engineer's Office has recommended that all improvement securities offered as security for labor and materials and for the faithful performance of the agreement be in an amount equal to one hundred percent (100%) of the estimated cost of the improvements or the act to be performed; and
WHEREAS, the City Engineer's Office has recommended that $25,150.00 for Tract No. 6085 is necessary to guarantee and warrant the work for a one-year period following the completion and acceptance against any defective work or materials; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the amounts recommended for all improvement securities offered as security for faithful performance and for labor and materials in the amount of 100% of the estimated cost of the improvements or of the act to be performed.
SECTION 2. The City Council hereby approves the form of the Subdivision Improvement Agreement, and authorizes its execution, together with associated securities, as approved by the City Manager and City Attorney or their designees. 4 RES. NO. 2026-16
SECTION 3. The City Council accepts the Final Map for Tract No. 6085 and directs that the Final Map be recorded, subject to execution of the finalized Subdivision Improvement Agreement and associated securities.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 11th day of May 2026.
Attest:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
Ronald K. Fuchiwaki
Public Works Director
5 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Simi Valley
Attention: City Clerk
2929 T apo Canyon Road
Simi Valley, Ca. 93063 THIS SPACE RESERVED FOR RECORDER ONLY GOVT. CODE § 27361.6
No Fee Required Government Code§§ 6103 & 27383
Recorded for the Benefit of the City of Simi Valley
SUBDIVISION IMPROVEMENT AGREEMENT
N0.1
AFFECTING APNS 637-0-140-120, -430, -445, AND -730
THIS AGREEMENT ("Agreement") is made and entered into this J3.._ day of April 2026, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation ("CITY"), and City Ventures Homebuilding, LLC ("SUBDIVIDER").
The Parties agree as follows:
1. RECITALS. This Agreement is made with reference to the following facts and objectives:
A. SUBDIVIDER owns real property located at {address/vicinity) 1845 Oak Rd in the City of Simi Valley, Ventura County, California, and identified by Ventura County Assessor Parcel Number(s) 637-0-140-120, -430, -445, and -730 as more particularly described in attached Exhibit "A," which is incorporated by reference (the "PROPERTY").
B. CITY approved a project to be constructed on the Property consisting of (proiect description) 70 for-sale, 3-story attached townhomes (the "PROJECT").
C. On October 7 , 2024, the City Council of CITY adopted Resolution No. 2024-38 , approving the Project, subject to certain conditions of approval (the "CONDITIONS").
D. The CONDITIONS require either (1) that certain improvements be constructed before approval of the final map or (2) that SUBDIVIDER enter
Attachment B
6 into an agreement with CITY providing for the future construction of such improvements.
E. SUBDIVIDER presented CITY with a final map ("Map") for the Property as Map No. TR 6085
F. SUBDIVIDER requested that CITY approve the Map before constructing and completing of improvements including, without limitation, streets, highways, public ways, grading, fences, and public utility facilities ("Improvements") which are part of or appurtenant to the subdivision ("Subdivision") identified on the Map. The Improvements must be constructed in accordance with plans and specifications on file with CITY.
G. This Agreement is entered into in accord with the Subdivision Map Act ("Act") and applicable law including, without limitation, the Simi Valley Municipal Code ("SVMC").
2. CONSTRUCTION OF IMPROVEMENTS. At its sole cost and expense, SUBDIVIDER agrees to furnish the equipment, labor, and materials necessary to complete the Improvements on the Map set forth in attached Exhibit "B," which is incorporated by reference, and such other improvements required by applicable law and/or the City Council when approving the Map. All the above work, together with appurtenances, contingencies, and engineering costs, are more particularly shown on the improvement plans for the Map. In addition, SUBDIVIDER agrees that because of the CONDITIONS, that it will construct and maintain the improvements identified in Exhibit "B" in the manner set forth in the Improvement Civil Plan Set, sheets 2024-0251 through 2024-0288 .
3. ACCEPTANCE OF IMPROVEMENTS. CITY will not accept the Improvements until they are constructed in accordance with plans and specifications on file with CITY and Section 2.
4. MAINTENANCE OF IMPROVEMENTS. CITY is not responsible or liable for the maintenance or care of the Improvements until CITY formally approves and accepts them in accordance with its policies and procedures. Any use by any person of the Improvements, or any portion thereof, is at the sole and exclusive risk of the SUBDIVIDER at all times before CITY's acceptance of the Improvements. SUBDIVIDER must maintain all the Improvements in a state of good repair until the security for the performance of this Agreement is released. SUBDIVIDER must maintain all the Improvements in compliance with Tentative Map VTT-2024-0001 until the security for the performance of this Agreement is released.
Maintenance includes, without limitation, 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
7 storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It is SUBDIVIDER's responsibility to initiate all maintenance work, but if it fails to do so, it must promptly perform such maintenance work when notified to do so by CITY. If SUBDIVIDER fails to properly perform its maintenance obligation under this section, CITY may do all work necessary for such maintenance and the cost must be paid by SUBDIVIDER and its surety under this Agreement. CITY is not responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition before acceptance by CITY.
5. ESTIMATED COST OF IMPROVEMENTS. The parties agree that the estimated cost of the improvement work is$ 251,500
6. COMPLETION. SUBDIVIDER must complete all Improvements within 24 months after recording the Map or within such further time as may be granted by the City Manager.
7. COMPLETION BY CITY. Should SUBDIVIDER fail to complete the Improvements within the time for completion, CITY, at its option, may enter onto SUBDIVIDER's property to complete the Improvements at SUBDIVIDER's cost.
8. WARRANTY OF IMPROVEMENT PLANS. SUBDIVIDER warrants that the plans and specifications for the Project comply with the Conditions and other applicable law.
SUBDIVIDER further warrants that the plans and specifications can be relied upon to accomplish the improvement work covered by this Agreement in a good, workmanlike manner and in accordance with accepted construction practices. Should the plans and specifications at any time before final acceptance of the Improvements prove to be inadequate in any respect, SUBDIVIDER agrees to make such changes deemed necessary by CITY to accomplish improvement work in a good, workmanlike manner and in accordance with accepted construction practices. SUBDIVIDER further agrees to make or cause to be made such engineering, soils and other reports as may be required by CITY.
9. CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS. CITY is not an insurer or surety for the design or construction of the Subdivision. And no CITY official, officer, or employee is liable or responsible for any claim arising during construction of the Subdivision or Improvements, unless it can be shown that such person specifically directed that the Subdivision or Improvement be accomplished in a manner contrary to the wishes and desires of SUBDIVIDER, and SUBDIVIDER filed a written objection with the City Engineer before commencing such work or Improvement.
10. WARRANTY OF WORK. SUBDIVIDER warrants that the Improvements will be constructed in a manner consistent with CITY's specifications and the highest industry standards. Should any Improvement fail to comply with this warranty or any other provision of this Agreement within one year after CITY's final acceptance, SUBDIVIDER must, without delay and without cost to CITY, repair, replace or reconstruct any defective
8 or otherwise unsatisfactory part or parts of the Improvements. Should SUBDIVIDER fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER must pay to CITY the actual cost of such repairs plus 15% for CITY's administrative overhead costs. This Section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials.
11. REPAIRS AND REPLACEMENTS. SUBDIVIDER must replace/repair, as appropriate, all pipes and monuments shown on the Map destroyed or damaged by SUBDIVIDER's actions and to replace/repair, as appropriate, any property damaged or destroyed by SUBDIVIDER. Any such repair or replacement must be completed to CITY's satisfaction and approval.
12. CITY'S RIGHT OF ENTRY. SUBDIVIDER grants CITY a license to enter SUBDIVIDER's property to inspect the improvements constructed by SUBDIVIDER and to ensure compliance with this Agreement.
13.CONTRACT SECURITY.
A. Concurrently with the execution of this Agreement, SUBDIVIDER must furnish:
i. A surety bond in an amount equal to at least 100% of the estimated cost of improvements as security for the faithful performance of this Agreement.
11. A separate surety bond in an amount equal to at least 100% of the contract price for said improvements as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement.
B. SUBDIVIDER has furnished CITY securities, as referenced in the attached Exhibit "C" which have been accepted by CITY, assuring Faithful Performance, Payment for Labor and Materials, for all Improvements associated with this AGREEMENT, including the maintenance and warranty obligations required by this Agreement. In addition, pursuant to Government Code §§ 66441 and 66495-66498, SUBDIVIDER also must furnish and set subdivision and lot monuments, and assure the faithful performance of the construction of those monuments.
C. SUBDIVIDER agrees that the form of the securities provided by CITY are substantially similar to Government Code§§ 66499.1 and 66499.2.
9 14.PERFORMANCE BY CITY OR SURETY.
A. Should SUBDIVIDER fail to construct the improvements in the manner and at such locations as specified within the time requirements of this Agreement, or if SUBDIVIDER is not carrying out the intent of this Agreement, CITY may serve written notice upon SUBDIVIDER and the surety on SUBDIVIDER's faithful performance bond demanding satisfactory compliance with this Agreement.
B. Should CITY serve such written notice, CITY may do any of, or combination of, the following:
i. Serve written notice upon the surety on its faithful performance bond demanding satisfactory compliance with this Agreement. In such event the surety must, within five days, assume control and construct the Improvements as SUBDIVIDER's successor.
ii. CITY may construct the improvements itself, or by contract, at SUBDIVIDER's expense on a time a materials basis. In such event, CITY may take possession of and utilize in completing improvement construction, materials, appliances, and other property belonging to SUBDIVIDER as may be on the site of the work without liability to CITY. SUBDIVIDER's surety will be liable to CITY for any excess cost of damages incurred by CITY.
C. Nothing in this Section waives, or serves as a limitation upon, any additional remedy CITY may have under this Agreement or applicable law.
15. SURETY BOND TO INCLUDE LETTER OF CREDIT. The term "surety bond" also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. The term "surety" includes the issuer of any letter of credit or cash deposit agreement, which is acceptable to CITY as security for the performance of this Agreement. Sureties must be admitted to do business in California.
16.BEST MANAGEMENT PRACTICES. SUBDIVIDER agrees to use best management practices ("BMPs"), as that term is defined under applicable law including, without limitation, the Simi Valley Municipal Code, in constructing the improvements anticipated by this Agreement. SUBDIVIDER's failure to comply with the terms of this Section constitutes a material breach of this Agreement.
17.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs, and reports prepared by SUBDIVIDER under this Agreement are
10 CITY's property. SUBDIVIDER may retain copies of said documents and materials as desired but must deliver all original materials to CITY upon CITY's written notice.
18.INDEPENDENT CONTRACTOR. CITY and SUBDIVIDER agree that SUBDIVIDER will act as an independent contractor and will have control of all work and the manner in which work is performed. SUBDIVIDER will be free to contract for similar service to be performed for other employers while under contract with CITY. SUBDIVIDER is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct SUBDIVIDER as to the details of doing the work or to exercise a measure of control over the work means that SUBDIVIDER will follow the direction of CITY as to end results of the work only.
19. CASH CHARGES. SUBDIVIDER must pay to CITY in cash such subdivision fees that are established by ordinance or by the City Council in conferring approval or extension of time to the Subdivision.
20. INDEMNIFICATION.
A. SUBDIVIDER indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, SUBDIVIDER must defend CITY (at CITY's request and with counsel satisfactory to CITY) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers.
C. The Parties agree that this section will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by SUBDIVIDER, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by SUBIDIVIDER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
21. INSURANCE.
A. Before commencing performance under this Agreement, and at all other
11 times this Agreement is effective, SUBDIVIDER must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage must be at least as broad as:
Commercial general liability:
Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit applies separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit must be twice the required occurrence limit.
Professional Liability:
(Errors and Omissions) Insurance with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
Workers' compensation:
As required by the State of California, with Statutory Limits.
Automobile Liability:
Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
If the SUBDIVIDER maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and is entitled to the broader coverage and/or the higher limits maintained by the SUBDIVIDER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage is available to CITY.
B. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage.
Liability policies must be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such
12 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88.
Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
CITY, its boards, officers, agents, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the SUBDIVIDER including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the SUBDIVIDER's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage - For any claims related to this agreement, the SUBDIVIDER's insurance coverage must be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects CITY, its boards, officers, officials, agents, employees, and volunteers. Any insurance or self insurance maintained by CITY, its boards, officers, officials, agents, employees, or volunteers is excess of the SUBDIVIDER's insurance and may not contribute with it. This requirement also applies to any Excess or Umbrella liability policies.
Notice of Cancellation - Each insurance policy required above must provide that coverage may not be canceled, except with notice to CITY.
Waiver of Subrogation - SUBDIVIDER grants to CITY a waiver of any right to subrogation which any insurer of said SUBDIVIDER may acquire against CITY by virtue of the payment of any loss under such insurance.
SUBDIVIDER agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer.
C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," SUBDIVIDER will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover SUBDIVIDER for all claims made by CITY arising out of any errors or omissions of SUBDIVIDER, or its officers, employees, or agents during the time this Agreement was in effect.
13 Claims Made Policies - If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date before the contract effective date, the SUBDIVIDER must purchase "extended reporting" coverage for a minimum of five years after completion of work.
D. SUBDIVIDER must furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. SUBDIVIDER will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insur�r to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to CITY.
Verification of Coverage - SUBDIVIDER must furnish CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by CITY before work commences. However, failure to obtain the required documents before the work beginning does not waive the SUBDIVIDER's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on
14 the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors - SUBDIVIDER must require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and SUBDIVIDER must ensure that CITY is an additional insured on insurance required from subcontractors
Duration of Coverage - CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, must continue coverage for a minimum of five years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
22. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows:
The City
City of Simi Valley
Attn: Public Works Director
2929 T apo Canyon Rd
Simi Valley, CA 93063
To Subdivider
City Ventures Homebuilding, LLC
Kim Prijatel - Authorized Sign
3121 Michelson Dr Suite 150
Irvine. CA 92612
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
23. COMPLIANCE WITH LAW. SUBDIVIDER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at SUBDIVIDER's own cost.
24. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
15 25. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and as so modified, such portion and the balance of this Agreement will continue in full force and effect.
26. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
27. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.
28. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Ventura County.
29.AUTHORITY/MODIFICATION. This Agreement was approved by Simi Valley City Council Resolution No. 2024-38 . This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment.
30. BINDING UPON SUCCESSORS. The terms of this Agreement constitute a burden and benefit upon the Property. Accordingly, this Agreement will be recorded, and the term will run with the Property and become binding upon SUBDIVIDER's heirs, successors, and assigns.
31. ENTIRE AGREEMENT. This Agreement constitutes the sole agreement between SUBDIVIDER and CITY respecting the maintenance of the Property's common areas and correctly sets forth the obligations of SUBDIVIDER and CITY. There are no other understandings, terms or other agreements expressed or implied, oral, or written. [SIGNATURES ON NEXT PAGE]
16 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF SIMI VALLEY,
a municipal corporation.
_______ , City Manager
SUBDIVIDER,
City Ventures Homebuilding, LLC
by its Authori�ory
·k�--
City Council Approval Date: ___________ _
ATTEST:
Lucy Blanco, City Clerk
APPROVED AS TO FORM:
ALGERIA R. FORD, CITY ATTORNEY
By:
17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to �
he person�whose name�i�ubscribed
to the within instrument and acknowled to me that he she hey executed the same in hi�heir authorized capacity� and that by his�heir signature on the instrument the personbi or the entity upon behalf of which the personW"acted, executed the instrument.
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Completing this information can deter alteration of document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ___________________________ _ DocumentDate: _____________________ Number of Pages: _____ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:
Signer is Representing: _________ _
©2019 National Notary Association
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ________
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:
Signer is Representing: __________
18 EXHIBIT A
Legal Description of Property
All of the real property located in City of Simi Valley, County of Ventura, California, more particularly described as follows:
All that real property as shown on that certain map entitled "Tract No. 6085", filed for Record on _______ _, 20_, in Book __ , Pages
_____ inclusive of Miscellaneous Records, in the Office of the County Recorder, County of Ventura.
- i -
19 EXHIBIT B
Tract No. 6085
All improvements marked are included:
(X) Public street improvements including grading, paving, curbs, gutter, sidewalks, traffic control devices, street name signs, streetlights, street landscaping, and appurtenances.
L) Domestic water supply system, including mains, service laterals, fire hydrants, and appurtenances.
(X) Public storm drains including channels, pipes, inlets, culverts, and appurtenances.
(X) Lot grading including land clearing, earth moving compaction, import or export of soil, and appurtenances.
L) Off-street landscaping including trees, bushes, shrubs, turf, irrigation system, and appurtenances.
- ii -
20 Streets
Streets
Storm Drain
Storm Drain
Sewer
Sewer
Grading
Institution
Name:
Address:
City, State,
ZIP:
EXHIBIT "C"
CONTRACT SECURITY
BOND TYPE
Faithful Performance
Labor and Materials
Faithful Performance
Labor and Materials
Faithful Performance
Labor and Materials
Faithful Performance
Harco National
Insurance Company
777 S Figueroa St,
52nd Floor
Los Angeles, CA,
90017
$
$
$
$
$
$
$
AMOUNT($)
35,000
35,000
14,400
14,400
52,500
52,500
149,600
- iii -
INSTITUTION BOND#or
RECEIPT#
Listed Below 3009983
3009983
3007555
3007555
3007554
3007554
0870813
21 1845 OAK ROAD
PROJECT SITE
LOS ANGELES AVENUE
YOSEMITE AVENUE
Attachment C
22