Agenda — Wildomar City Council, March 9, 2022 (part 2 of 6)

SPECIAL INSTRUCTIONS:

1. When two (2) or more permits are filed concurrently, only one environmental fee is required.

2. No environmental fee is required of a project is exempt for the City of Wildomar “rules to Implement the California Environmental Quality Act (CEQA).

3. All per acre fees are based on the gross acreage for the project site.

4. Where a maximum fee is indicated, the maximum fee refers to the base fee added to any additional per lot, per acre, or other fee.

5. The “Asterisk” ( * ) symbol in the column indicates that an Environmental Assessment may be requi red for the project application (See CEQA fees).

REFUND OF FEES: NON-DEPOSIT CASES:
 Whenever an application is terminated for any reason, the Planning Department may  If any portion of the application fees have been paid by the Planning Department to another jurisdiction, agency, or department for the performance of services related to the application, the Plannin g Department with bit refund any such portion of fees until the other jurisdiction, agency or department authorizes the Planning Department to do so. In the absence of such authorization, it will be the applicant’s responsibility to contact the other jurisdiction, agency or department for a refund of the fees paid to it, in accordance with the Refund Policy Statement.
, in accordance with
the Refund Policy statement adopted by the City Council, refund unused fees paid, upon the written request of the applicant.
 The Planning Department shall retain a processing fee of $82.00 from the total amount refunded.

REFUND OF FEES: DEPOSIT-BASED CASES:
 Within 45 days of the final closure of any deposit-based case, a full refund will be processed for those cases with a balance greater than $5.00.

ABANDONED AND EXPIRED APPLICATIONS:
 In accordance wit the policy adopted by the City Council of the City of Wildomar upon incorporation, if there is no activity by an applicant on an application for more than one year and less than two years, the application is abandoned and any deposit fees remaining will be refunded.

PLANNING APPLICATIONS

APPLICATION OR PERMIT TYPE

EA
BASE
FEE
PER
LOT
FEE)
PER
UNIT
FEE
PER
ACRE
FEE

NOTES/OTHER FEES IF APPLICABLE
PRE-APPLICATION REVIEW (PAR) 500 DEPOSIT BASED FEE (NOTES 8) ($2,500 submittal typical)

APPEALS
(ORD. 348)
APPEAL TO: PLANNING COMMISSION OR

CITY COUNCIL
964 $224 IF FIRE CONDITION APPEALED
$177 IF B&S CONDITIONS APPEALED
$313 IF FLOOD CONDITIONS APPEALED
$565 IF TRANS. CONDITIONS APPEALED

CHANGE OF
ZONE
ALL * 3,577 DEPOSIT BASED FEE (NOTES 2, 3, 5 8)

CONDITIONAL

USE PERMIT

GENERAL

MOBILE HOME PARK
R.V. PARK
*
*
*
9,457
8,516
6,904
$5 PER LOT OR SITE
$7 PER LOT OR SITE
$7 PER LOT OR SITE
DEPOSIT BASED FEE (NOTES 1, 2, 3, 4 ,5, 8)
DEPOSIT BASED FEE (NOTES 1, 2, 3, 4 ,5, 8)
DEPOSIT BASED FEE (NOTES 1, 2, 3, 4 ,5, 8)

EXTENSION OF
TIME

COMMERCIAL WECS VARIANCE
CUP’S & PLOT PLANS

PUBLIC USE PERMITS
494
685
632
SEE NOTE 5

GENERAL PLAN

AMENDMENT

GENERAL

CIRCULATION SECTION
*
*
7,333
8,160
DEPOSIT BASED FEE (SEE NOTE 8)
DEPOSIT BASED + $250 PER RD. SEGMENT
(NOTE 7

REVISED

PERMITS

CUP GENERAL

CUP MOBILE HOME PARK

CUP RV PARK

PLOT PLAN W/PUBLIC HEARING

PLOT PLAN/TRANSMITTED

PLOT PLAN/KENNEL- CATTERY

PUP GENERAL

PUP LARGE FAMILY DAY CARE

VARIANCE

ACCESSORY WECS

COMMERCIAL WECS
*
*
*
*
*
*
*
*
*
*
*
3,806
2,791
2,578
1,831
1,374
928
2,594
746
1,635
1,085
2,573
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)
DEPOSIT BASED FEE (SEE NOTE 5, 8)

CERTIFICATE OF
ZONING

COMPLIANCE
OUTDOOR ADVERTISING 657 DEPOSIT BASED FEE (SEE NOTE 8)

PLOT PLANS EXEMPT FROM CEQA/GOVERNMENT

EXEMPT FROM CEQA/PLANNING

NOT EXEMPT FROM CEQA

*
3,945
500
4,698
DEPOSIT BASED FEE (NOTES 1, 2, 3, 4 ,5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 1, 2, 3, 4 ,5, 8)
PUBLIC USE PERMIT * 7,522 DEPOSIT BASED FEE (NOTES 1, 2, 3, 4 ,5, 8)

SECOND UNIT
PERMIT

GENERAL

RENEWAL
2,975
26 DEPOSIT BASED FEE (NOTE 8)
SETBACK ADJUSTMENT 300 DEPOSIT BASED FEE (NOTE 8)

SPECIFIC PLAN * 18,327 DEPOSIT BASED FEE (NOTES 2, 3 8) AMENDMENT TO SPECIFIC PLAN * 9,164 DEPOSIT BASED FEE (NOTES 2, 3 8)

SUBSTANTIAL

CONFORMANCE
ORD. 348, SEC. 18.43 CIRC.

ORD. 348, SEC 18.43 UNCIRCULATED

SPECIFIC PLANS

COMMERCIAL ACCESSORY WECS
1,116
389
2,400
568
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
TEMPORARY USE PERMIT * 2,649 DEPOSIT BASED FEE (NOTE 8)

VARIANCE FILED WITH CUP, PLOT PLAN

FILED ALONE
* 1,349
2,574
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)

WIND ENERGY

CONVERSION

SYSTEMS (WECS)
ACCESSORY – CEQA EXEMPT

COMMERCIAL WECS PERMIT

NOISE STUDY
*
*
1,100
5,637
500
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 4, 8)
(DEPOSIT $500 W/ENV HEALTH)
LARGE FAMILY DAY CARE 250 ADDITIONAL $1,000 - HEARING REQ.

HAZARDOUS WASTE FACILITY SITING PERMIT * 16,451 43 DEPOSIT BASED FEE (NOTES 5, 8)

KENNELS &

CATTERIES

CLASS I

CLASS II

CLASS III

CLASS IV

*
*
*
500
4,698
4,698
9,547
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
CROWING FOWL PERMIT * 213 DEPOSIT BASED FEE (NOTE 8) TEMP. OUTDOOR
EVENT

EXEMPT FROM CEQA

NOT EXEMPT FROM CEQA

*
378
854
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)

PRE-EXISTING

NONCONFORMING
USE

VERIFICATION

EXTENSION
213
9,457

$5 PER LOT OR SITE
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)

SUBDIVISION APPLICATIONS

APPLICATION OR PERMIT TYPE

EA
BASE
FEE
PER
LOT
FEE
PER
UNIT
FEE
PER
ACRE
FEE

NOTES/OTHER FEES IF APPLICABLE

CERTIFICATE OF

LAND DIVISION

COMPLIANCE

FEE PER PARCEL

IF CONDITIONED

WITH WAIVER OF FINAL PM
500
900
311
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)

LAND DIVISION
MAP
PM’s (Per Phase or Tract No.) sewered
PM’s (Per Phase of Tract no.) unsewered
TM’s (Per Phase or Tract No.) sewered
TM’s (Per Phase of Tract no.) unsewered
*
*
*
*
419
500
419
500
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)

MULTI-FAMILY
TRACTS
RESIDENTIAL/CONDOS (Sewered)
RESIDENTIAL/CONDOS (Unsewered)
REVISED MAP (Within 2 Years)
REVISED MAP (After 2 Years)
*
*
*
*
8,698
8,718
6,044
6,362
77 77
243
77 19
19 20
20 DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
PARCEL MAPS COMMERCIAL/INDUSTRIAL (sewered)
COMMERCIAL/INDUSTRIAL (unsewered)
RESIDENTIAL (with waiver of final map)
RESIDENTIAL (w/out waiver of final map)
REVISED MAP (comm/ind within 2 years)
REVISED MAP (residential within 2 years)
REVISED MAP (comm/ind after 2 years)
REVISED MAP (residential after 2 years)
*
*
*
*
*
*
*
*
8,259
8,155
5,629
5,511
1,397
1,397
1,516
1,547
24 24
96 102
77 90
41 104
19 19
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)

SINGLE FAMILY
TRACTS
NOT IN R-2, R-4, R-6 ZONES (sewered)
IN R-2, R-4, R-6 ZONES
NOT IN R-2, R-4, R-6 ZONES (unsewered)
REVISED MAP IN R-2 (within 2 years)
REVISED MAP NOT IN R-2 (within 2 years)
REVISED MAP IN R-2 (after 2 years)
REVISED MAP NOT IN R-2 (after 2 years)
*
*
*
*
*
*
*
8,931
11,146
8,827
5,702
3,880
5,722
3,900
93 100
93 75
70 75
75 19
19 19
23 18
23 18
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)

VESTING MAPS STATUTORY CONDO MAPS

APPEALS DUE TO EXTENSION OF TIME
* 581
117
$224 IF FIRE CONDITION APPEALED
$165 IF ROAD CONDITIONS APPEALED

EXTENSION OF
TIME

TRACT MAPS

PARCEL MAPS
332
333

LOT LINE ADJUSTMENT 670 DEPOSIT BASED FEE (NOTE 8)

MINOR CHANGE TRACT MAPS/TRACTS

PARCEL MAPS
1,084
1,046
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
MERGER OF CONTIGUOUS PARCELS 400 DEPOSIT BASED FEE (NOTES 8) REVERSION TO ACREAGE 977 DEPOSIT BASED FEE (NOTES 8)

AMENDMENT TO

FINAL MAP
CONDOS/SINGLE FAMILY RES. TRACTS

PARCEL MAPS
* 3,052
2,882
16 15
9 9
DEPOSIT BASED FEE (NOTES 8)
DEPOSIT BASED FEE (NOTES 8)

EXPIRED

RECORDABLE

TRACT MAPS

SINGLE FAMILY RES TRACTS

MULTI-FAMILY RES TRACTS
*
*
3,911
4,094
23 5
18 19
DEPOSIT BASED FEE (NOTES 8)
DEPOSIT BASED FEE (NOTES 8)

FINAL TRACT MAP

FINAL CONDO MAP
*
*
1,652
895
6 1

25 (MAXIMUM $2,250 PER ACRE)

OTHER APPLICATIONS/CEQA

APPLICATION OR PERMIT TYPE

EA
BASE
FEE
PER
LOT
FEE
PER
UNIT
FEE
PER
ACRE
FEE

NOTES/OTHER FEES IF APPLICABLE

HOG RANCHES NEW APPLICATION
INSPECTION FEES (Less than 788 Hogs)
INSPECTION FEES (More than 789 Hogs)

LATE FEE
AMEND PERMIT - Change # of hogs/10 (A)
AMEND PERMIT – Increase # of hogs/10 (B)
* 2,014
150

27%
36 202

19 DEPOSIT BASED FEE (NOTES 8)
FOR 788 HOGS OR LESS
$19 PER 100 HOGS OVER 789

OF INSPECTION FEE
SECTION 10 (A)
SECTION 10 (B)

ALQUIST PRIOLO
ACT

GEOLOGIC REPT APPROVAL – ORD 547
WAIVER GEOLOGIC REPT – ORD 547

1,200
140
DEPOSIT BASED FEE (Both)
+ $22/ACRE OVER 10 ($823 Max/acre)
+ $372 IF SUBMITTED TO THE STATE
ORDINANCE NO. 555 SURFACE MINING PERMIT

RECLAMATION PLANS

APPEAL OF PC DECISION ON SMP

SUBSTANTIAL CONFORMANCE

REVISED PERMIT
*

*
9,360
3,587
398
723
3,231
DEPOSIT BASED FEE (NOTES 5, 8)
DEPOSIT BASED FEE (NOTES 5, 8)
+ $81 IF ROAD COND. ARE APPEALED
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTES 5, 8)
ORDINANCE NO. 559 TREE REMOVAL APPLICATION 260 DEPOSIT BASED FEE (NOTE 8)

ORDINANCE NO. 578 CERTIFICATE OF HISTORIC

APPROPRIATENESS APPEALS
705
129
DEPOSIT BASED FEE (NOTE 8)

ARCHIVAL SEARCH FOR PLANNING INFORMATION

RESEARCH FEE FRO PLANNING INFORMATION

PROFESSIONAL PLANNER SERVICES

PROFESSIONAL GEOLOGIST SERVICES
REVIEW OF CC&R’s BY CITY ATTORNEY
63/hr
72/hr
172/hr

418/hr
$15.75 PER 1/4 HR
$18 PER 1/4 HR
$43 PER 1/4 HR
$46 PER 1/4 HR
DEPOSIT BASED FEE (NOTE 8)
REVIEW OF SPECIFIC PLAN ZONING ORD BY CITY ATTORNEY 2,092 DEPOSIT BASED FEE (NOTE 8)

AGRICULTURAL

PRESERVES

ESTABLISHMENT/ENLARGEMENT
(APPLICANT INITIATED)
1,640 DEPOSIT BASED FEE + NON-REFUNDABLE
$138 PER OWNERS PETITION
$138 PER EACH CONTRACT APPROVAL

DISESTABLISHMENT/ENLARGEMENT AG

PRESERVE PURSUANT TO NOTICE OF

NON-RENEWAL
1,550 DEPOSIT BASED FEE (NOTE 8)

ESTABLISHMENT/ENLARGEMENT (CITY

COUNCIL INITIATED)
147 DEPOSIT BASED FEE + $138 PER

CONTRACT

CONTRACT WITHIN ESTABLISHED

PRESERVE
147 DEPOSIT BASED FEE + $138 PER

CONTRACT

CANCELLATION/DIMINISHMENT OF AG

PRESERVE (APPLICANT INITIATED)
* 1,550 DEPOSIT BASED FEE (NOTE 8)

CANCELLATION/DIMINISHMENT OF AG

PRESERVE (CITY COUNCIL INITIATED)
N/C
NOTICE OF NON-RENEWAL 252 DEPOSIT BASED FEE (NOTE 8)

CALIFORNIA DEPT

FISH & GAME FEE

RIVERSIDE COUNTY CLERK FEE

NEGATIVE DECLARATION & MND

ENVIRONMENTAL IMPACT REPORT
64 2,044
2,839.25

REQUIRES COUNTY CLERK FEE

RULES TO

IMPLEMENT CEQA

APPLICATION FOR GRADING PERMIT
APPLICATION FOR COMM. WECS
951
507
6 6
DEPOSIT BASED FEE (NOTE 8) MAX $2,729
DEPOSIT BASED FEE (MAX AC. $2.201)
PLUS $329 PER MW – NOTE 8)

APPLICATION FOR TREE REMOVAL

ALL OTHER APPLICATIONS

259
472

6 DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)

ENVIRONMENTAL

IMPACT REPORT

SPONSOR PREPARED EIR

PREVIOUSLY PREPARED EIR
* 8,439
1,936
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)

LAFCO CATEGORICAL EXEMPTION
REVIEW

INITIAL STUDY

*
80 N/C
562

GEOLOGY CEQA FAULT HAZARD REPORT REVIEW

GEOLOGIC WAIVER

LIQUEFACTION REPORT
1,200
140
1,200
DEPOSIT BASED FEE ALL (NOTE 8)
PLUS $22 PER ACRE OVER 10 ACRES
(MAXIMUM COMPONENT OF $823)
DEVELOPMENT AGREEMENTS * 5,000 DEPOSIT FEE BASED + ADDITIONAL $$ SCHOOL

MITIGATION
PLANS
APPEALS 743 DEPOSIT BASED FEE (NOTE 8)

EXCEPTIONS TO
NOISE ORD 847

EXEMPT FROM CEQA

NOT EXEMPT FROM CEQA
*
*
378
854
DEPOSIT BASED FEE (NOTE 8)
DEPOSIT BASED FEE (NOTE 8)

1. WHEN APPLICABLE, FLOOD CONTROL PLAN CHECK FEE - PAYABLE DIRECTLY TO FLOOD CONTROL DISTRICT.

NOTES:

2. WHEN APPLICABLE, ADD $750 IF FLOOD CONTROL SPECIAL STUDY MINOR CASE – PAYABLE DIRECTLY TO RCFCD.

3. WHEN APPLICABLE, ADD $3,000 IF FLOOD CONTROL SPECIAL STUDY MINOR CASE - PAYABLE DIRECTLY TO RCFCD.

4. WHEN APPLICABLE, ADD $250 IF TRANSPORTATION PLAN CHECK (INITIAL DEPOSIT) – PAYABLE DIRECTLY TO TRANS. DEPT.

5. WHEN APPLICABLE, ADD $1,252 OR $1,811 IF TRAFFIC STUDY REQUIRED - PAYABLE DIRECTLY TO TRANSPORTATION DEPT.

6. ADD $26 PER TRACT OR UNIT NO. - PAYABLE DIRECTLY TO TRANSPORTATION DEPT.

7. MAXIMUM TOTAL OF $14,711.

8. DEPOSIT BASED FEES ARE SUBJECT TO ADDITIONAL CHARGES IF NECESSARY.

FEE CALCULATION METHODOLOGY

___________ ___________________________ _____________________________ _______________ ________ ______________ BASE FEE + [PER LOT FEE X # OF LOTS] + [ACREAGE FEE X # OF ACRES] = SUBTOTAL X 1.020 = TOTAL FEE

1 CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.8

CONSENT CALENDAR
Meeting Date: March 9, 2022
______________________________________________________________________

TO: Mayor and City Council Members

FROM: Jason Farag, Capital Projects Manager

SUBJECT: Resolutions Approving the Filing of Applications for Grant Funds from the Recreational Trails Program (RTP)

STAFF REPORT

RECOMMENDATION:

Staff recommends that the City Council adopt Resolutions entitled:

RESOLUTION NO. 2022-_______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA

APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE WILDOMAR TRAIL 27-ACRE PARK FROM THE RECREATIONAL TRAILS PROGRAM

RESOLUTION NO. 2022-_______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA

APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE BUNDY CANYON

ROAD ACTIVE TRANSPORTATION CORRIDOR FROM THE RECREATIONAL TRAILS

PROGRAM

BACKGROUND:

The Recreational Trails Program (RTP) provides funds annually for recreational trails and trails-related projects to develop and maintain Recreational Trails and trail -related facilities for both non- motorized and motorized Recreational Trail uses . The RTP is a state-administered local assistance program of the U.S. Department of Tr ansportation’s Federal Highway Administration (FHWA). Within the State of California, the Department of Parks and Recreation is authorized to administer the program. Non- motorized RTP Projects are administered by the Office of Grants and Local Services (OGALS).

This program offers funding opportunities for the development and rehabilitation of existing trails, trailside, and trailhead facilities, and offers funding for the c onstruction of new trails. The program funds are competitive . The RTP grant application procedures require, among other things, a Grantee’s governing body to declare by Resolution certain authorizations related to the administration of the p rogram grants. OGALS requires that governing bodies approve a Resolution authorizing the filing of application packets for the RTP.

DISCUSSION:

Applying for RTP grant funds is important in meeting the City's goals and objectives identified in the Active Transportation Plan. City staff actively seek competitive and non- competitive grant opportunities to help fund City projects , and these grants sometimes require an authorization by resolution for the agency to submit a grant application . The City is proposing to submit two grant applications to the RTP Program this year, as summarized in Table 1 below. Exhibits of both projects are included in Attachment A. A copy of the grant program’s General Provisions are included in Attachment B. Grants are due on or before April 7, 2022. Staff is currently working with the City’s grant writing consultant to prepare these applications.

Table 1 - Projects for RTP Grant Application
CIP Project Focus of Grant
Application Description
CIP 062 (New
27 Acre Park)
27-Acre Park
Trails
Includes an approximate 1.1 -mile trail
network. Related improvements, such as
the bike park, habitat restoration, club
area, green space, shade structures and
amenities, and parking may also be
included in the grant application
depending on item eligibility and
competitiveness.

CIP 026-3
(Bundy Canyon
Rd. ATP
Corridor)
Bundy Canyon Rd.

Active
Transportation
Corridor
Improvements
Includes an approximate 2.2 -mile
pedestrian and bicycle path along Bundy
Canyon Rd. from Monte Vista Dr. to just
east of The Farm Rd. with related
improvements such as trail fencing and
lighting.

Both projects in Table 1 are included in the City’s approved 5-Year Capital Improvement Program, and the trails in both projects are included in and consistent with the City’s adopted Active Transportation Plan. These projects are also consistent with the goals and policies of the City’s General Plan.

FISCAL IMPACTS:

Staff is currently preparing the cost estimates for the two grant applications. Should a City grant application be selected for award, the funding amount would be determined based on the total project cost submitted in the grant application. The maximum amount of RTP funds allowed for each project is 88%. The City would be responsible for providing a local match amount that is a minimum of 12%. The specific funding source for the local match will be identified at the time the grant application is finalized. If either project is award, the grant funds and local match will be included in the budget for that project.

The City will be responsible for the on- going operation and maintenance of the projects, once constructed.

Submitted by: Approved by:

Jason Farag Dan York
Capital Projects Manager City Manager

ATTACHMENTS:

Resolutions
Attachment A – Project Exhibits
Attachment B – Grant General Provisions

RESOLUTION NO. 2022 - _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA APPROVING THE

APPLICATION FOR GRANT FUNDS FOR THE WILDOMAR
TRAIL 27 -ACRE PARK FROM THE RECREATIONAL

TRAILS PROGRAM

WHEREAS, the Fixing America’s Surface Transportation Act (FAST-ACT) provides funds to the State of California for Grants to federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and

WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and

WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s);

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:

1. Approves the filing of an project Application for the Recreational Trails Program; and

2. Certifies that the Project is consistent with the Applicant’s general plan or the equivalent planning document; and

3. Certifies that said Applicant has or will have available prior to commencement of any work on the Project(s) included in this Application, sufficient funds to operate and maintain the Project(s); and

4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and

5. Appoints the City Manager or their designee as agent to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.

6. Agrees to c omply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

PASSED, APPROVED AND ADOPTED this 9th day of March, 2022.

________________________
Ben J. Benoit
Mayor

APPROVED AS TO FORM: ATTEST:

____________________ _______________________
Thomas D. Jex Janet Morales
City Attorney City Clerk

RESOLUTION NO. 2022 - _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA APPROVING THE

APPLICATION FOR GRANT FUNDS FOR THE BUNDY

CANYON ROAD ACTIVE TRANSPORTATION CORRIDOR

FROM THE RECREATIONAL TRAILS PROGRAM

WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s);

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:

1. Approves the filing of a project Application for the Recreational Trails Program; and

2. Certifies that the Project is consistent with the Applicant’s general plan or the equivalent planning document; and

4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

PASSED, APPROVED AND ADOPTED this 9th day of March, 2022.

________________________
Ben J. Benoit
Mayor

APPROVED AS TO FORM: ATTEST:

____________________ _______________________
Thomas D. Jex Janet Morales
City Attorney City Clerk

ATTACHMENT A

BRILLANTE DR.

WILDOMAR TRAIL
LA ESTRELLA RD.

SUSAN DR.

PEGGY LN.

RONALD REGAN

ELEMENTARY SCHOOL
Figure 1 - Wildomar Trail 27-Acre Park

SUNSET AVE. &
COTTONWOOD CANYON RD.

MENIFEE

WILDOMAR
CHERRY ST.

THE FARM RD.

BUNDY CANYON RD.

PROJECT LIMITS
MONTE VISTA DR.

N
Figure 2 - Bundy Canyon Rd. Active Transportation Corridor

ATTACHMENT B

Grant Contract for Grants Funded by Recreational Trails Program Grantee agrees that lands acquired with Grant monies shall not be acquired through the use of eminent domain.

GENERAL PROVISIONS
A. Definitions
The term "Act" as used herein means the Recreational Trails Program pursuant to state and federal statutes.

1. The term “Application” as used herein means the individual Project Application and its required attachmen
ts for Grants pursuant to the enabling legislation and/or Grant program.

2. The term “Acquisition” means to obtain fee title or easement of real property. Leases or rentals do not c
onstitute Acquisition.

3. The term “Department” means the California Department of Parks and Recreation.

4. The term “Development” means Capital Improvements to real property by construction.

5. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contrac
t.

6. The term "State" as used herein means the State of California Department of Parks and Recreation.

B. Project Execution

1. Subject to the availability of Grant monies in the Act, the State hereby Grants to the Grantee a sum of mone
y (Grant monies) not to exceed the amount stated on page 1, or 88% of costs, whichever is less, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the Scope described in the enabling legislation, and on page 1, and under the terms and conditions set forth in this Contract.

The Grantee shall assume any obligation to furnish any additional funds that may be necessary to c
omplete the Grant Scope. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval.

2. The Grantee shall complete the Grant Scope in accordance with the time of Contract Performance Period
set forth on page 1, and under the terms and conditions of this Contract.

3. The Grantee shall comply with the California Environmental Quality Act (Public Resources Code, Section
21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.) and the National En
vironmental Policy Act.

4. The Grantee shall comply with all applicable current laws and regulations affecting Development Projects
, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities.

5. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original Gra
nt Scope in writing to the State for prior approval. Changes in the Grant Scope must be approved in writing by the State.

6. If the Grant Scope includes Acquisition of real property, the Grantee will comply with the terms of Title II and Title III, the Uniform Relocati
on Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property Acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the Contract and the Grantee agrees to comply with the California Government Code Chapter 16 commencing with

RECREATIONAL TRAILS PROGRAM PROCEDURAL GUIDE
54 Section 7260 et seq. and all applicable federal, state and local laws or ordinances affecting relocation and real property Acquisition. Documentation of such compliance will be made available for review upon request by the State.

7. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions
of the Recreational Trails legislation and/or Grant program.

C. Project Costs
The Grant moneys to be provided Grantee under this contract may be disbursed as follows:

1. If the Project includes Acquisition of real property, the State may disburse the amount of the State approved pu
rchase price together with State approved costs of Acquisition (or 88% of the Project costs, whichever is less), but not to exceed in any event the Grant amount set forth on page 1 of this Contract, upon completion of the Acquisition.
a. After the property is in escrow, the Grantee may request an Advance up to 80% of the Grant or 100% o
f the actual Acquisition cost, whichever is less. The Department shall immediately distribute these funds to the title company charged with the transfer of property ownership. b. The remaining Grant amount shall be paid up to the total Grant amount or the actual Project cost, whiche
ver is less, on completion of the Grant Scope and receipt of the Grant Completion Packet from the Grantee.

2. If the Project includes Development, completion of the Project or any phase or unit thereof, State may disbu
rse to Grant recipient upon receipt and approval by State of a statement of incurred costs from Grant Recipient, the amount of such approved incurred costs shown on such statement, not to exceed the State Grant amount set forth on page 1 of this contract, (or 88% of the Project costs, whichever is less) or any remaining portion of such Grant amount to the extent of such statement. a. On proof of award of a construction contract or commencement of construction by Force Account paymen
t schedule, up to 50% Advance of the Grant amount, or a 80% reimbursement of the Grant amount (30% reimbursement with a 50% Advance), not to exceed 80% of the total dollar amount of any or all awarded construction contracts.
b. The remaining Grant amount shall be paid up to the total Grant amount or the actual Project cost, whiche
ver is less, on completion of the Grant Scope and receipt of the Grant Completion Packet from the Grantee.

3. If the Project includes Operations or Program costs, the State may disburse Grant monies to the Grantee
as follows, but not to exceed in any event the total Grant amount set forth of page 1 of this Contract:
a. On proof of a signed contract or agreement, or commencement of operation or program by Force Accoun
t payment schedule, up to 50% Advance of the Grant amount, or a 80% reimbursement of the Grant amount (30% reimbursement with a 50% Advance), not to exceed 80% of the total dollar amount of any or all awarded contracts or agreements.
b. The remaining Grant amount shall be paid up to the total Grant amount or the actual Program cost, whiche
ver is less, on completion of the Program and receipt of a detailed summary of Program costs from the Grantee.

4. The statements to be submitted by the Grantee shall set forth in detail the incurred cost of work perfo
rmed or to be performed on development of the Project and whether performance will be by construction contract or by Force Account. Statements shall not be submitted more frequently than ninety-day periods unless otherwise requested by the State.

RECREATIONAL TRAILS PROGRAM PROCEDURAL GUIDE
55 D. Budget Contingency Clause

1. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State sh
all have the option to either cancel this contract with no liability occurring to the State, or offer a Contract amendment to Grantee to reflect the reduced amount.

E. Project Administration

1. If grant monies are advanced, and not placed into escrow, the Grantee shall place these monies in a separate
interest bearing account, setting up and identifying such account, prior to the Advance.

Interest earned on grant monies shall be used on the Project as approved by the State. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the State within 60 days of completion of the Grant Scope or end of the Contract Performance Period, whichever is earlier.

2. Grantee agrees that income earned by the Grantee from a State approved non-recreational use on the Project sha
ll be used for recreational purposes at the Project, or, if approved by the State, for recreational purposes within the Grantee’s jurisdiction.

3. The Grantee shall promptly submit written Project Reports as the State may request. In any event, the Grantee
shall provide the State a report showing total final Project expenditures.

4. The Grantee shall make property or facilities acquired and/or developed pursuant to this Contract ava
ilable for inspection upon request by the State.

5. The Grantee shall make any program developed or administered pursuant to this Contract available for observa
tion upon request by the State.

F. Project Termination

1. Any Grant funds that have not been expended by the Grantee shall revert to the fund.

2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project.

After Project commencement this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the State.

3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the enabling
legislation may be cause for suspension of all obligations of the State hereunder. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract.

4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of th
is Contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and/or Historical Resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the State by way of Grant monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State.

5. The Grantee and the State agree that if the Grant Scope includes Development or a Program, final paymen
t may not be made until the Project conforms substantially to this Contract.

RECREATIONAL TRAILS PROGRAM PROCEDURAL GUIDE
56 G. Hold Harmless

1. The Grantee shall waive all claims and recourse against the State including the right to contribution for loss or
damage to persons or property arising from, growing out of or in any way connected with or incident to this Contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees.

2. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees agains
t any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or Maintenance of the property described as the Project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers
, agents, or employees.

3. The Grantee agrees that in the event the State is named as codefendant under the provisions of Californ
ia Government Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney’s fees.

4. The Grantee and the State agree that in the event of judgment entered against the State and the Grantee
because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees agains
t any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make th
em available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or final payment.

2. Grantee shall keep such records as the State shall prescribe, including records which fully disclose (a) the
disposition of the proceeds of state funding assistance, (b) the total cost of the Project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the Project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit.

3. The Grantee and the State agree that during regular office hours each of the parties hereto and their duly au
thorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract. Such accounts, documents, and records shall be retained by the Grantee for at least three years following Project termination.

4. The Grantee shall use a generally accepted accounting system.

RECREATIONAL TRAILS PROGRAM PROCEDURAL GUIDE
57 I. Use of Facilities

1. The Grantee agrees that the Grantee shall operate the property acquired, developed, rehabilitated, or restored
with the funds in perpetuity. In the case of lands not held in fee by the Grantee, perpetuity shall be in accordance with the tenure or the length of time sufficient to provide public benefits commensurate with the type and duration of interest in the land held by the Grantee.

2. The Grantee agrees to use the property only for the purposes of the Grant and to make no other use, sale
, or other disposition or conversion of the property except as authorized by a specific act of the Legislature and the property shall be replaced with property of equivalent value and usefulness as determined by the Department.

3. The property acquired or developed may be transferred to another eligible Applicant if the successor Grante
e assumes the obligations imposed under this Contract and with the concurrence of the Department.

J. Nondiscrimination

1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, ag
e, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this Contract.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that rea
sonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisi
ons of this Project Contract or under provisions of the enabling legislation and/or Grant program.

K. Application Incorporation

1. The Application and any subsequent change or addition approved by the State is hereby incorporated in th
is Contract as though set forth in full in this Contract.

L. Severability

1. If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not affect other p
rovisions or Applications of the Contract which can be given effect without the invalid provision or Application, and to this end the provisions of this Contract are severable.

RECREATIONAL TRAILS PROGRAM PROCEDURAL GUIDE
58 CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.9

CONSENT CALENDAR
Meeting Date: March 9, 2022
______________________________________________________________________

TO: Mayor and City Council Members

FROM: Emily Stadnik, Land Development Manager

PREPARED: Ninette Eva, Associate Engineer

SUBJECT: Horizons by Lennar Homes, Tentative Tract Map 36672 Onsite Public Improvement Agreement and Offsite Public Improvement Agreement

STAFF REPORT

RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute the Onsite Public Improvement Agreement and Offsite Public Improvement Agreement with Lennar Homes of California, Inc.

BACKGROUND:

On February 10, 2016, the City Council adopted Resolution No. 2016- 15 approving Tentative Tract Map No. 36672 to subdivide the approximate 18.41 site into three (3) lots to accommodate the proposed project located at the northwest corner of Elizabeth Lane and Prielipp Road. An aerial image of the project site and the surrounding area is provided in Attachment A. On October 7, 2020, the Planning Commission approved a minor change to Tentative Tract Map No. 36672. All the original conditions of approval and mitigation measures adopted by the City Council remained in full force and effect.

Tentative Tract Map No. 36672’s approved expiration date is February 10, 2022. On March 10, 2021, the City Council approved the final map for Tract No. 36672 and executed Subdivision Improvement Agreements for all the lots. The rough grading plan for this residential development is approved and the rough grading agreement and grading bond were approved at the January 12, 2022 council meeting. The project’s improvement plans are currently being processed with the City.

DISCUSSION:

Public Improvement Agreements
In order to complete onsite and offsite public improvements, the Developer is required to enter into an Onsite Public Improvement Agreement and Offsite Public Improvement Agreement (Attachments B and C respectively) with the City. The agreements identify the Developer’s obligations to the City in performing and completing the construction for onsite and offsite public improvements. The agreements also provide the City with bonds to ensure the Developer will fulfill his/her obligations and secure improvements. If the Developer fails to fulfill these obligations, the bonds will provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condit ion. The security amounts are based on the Developer’s engineer’s construction cost estimates for the onsite and offsite public improvements.

Staff is requesting that the City Council authorize the City Manager to execute the Onsite Improvement Agreement and Offsite Public Improvement Agreement with Lennar Homes of California, Inc.

FISCAL IMPACT:

There are no fiscal im pacts to the City at this time. All costs related to this process are covered by developer deposits.

Submitted by: Approved by:

Emily Stadnik Daniel A. York
Land Development Manager City Manager

ATTACHMENTS:

A. Aerial Image of Horizons by Lennar Homes, Tract Map No. 36672 B. Onsite Public Improvement Agreement, Surety Bonds, and Onsite Construction Cost Estimate
C. Offsite Public Improvement Agreement, Surety Bonds, and O ffsite Construction Cost Estimate

1 PUBLIC IMPROVEMENT AGREEMENT

NO FEE DOCUMENT
Government Code §6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Clerk
The Above Space For Recorder’s Use
Only
Project Name: Horizons by Lennar Homes
Project Address: Northwest of the intersection
of Prielipp Road and
Elizabeth Lane
APN: 380-250-045
Project No.: 21-0117

ONSITE PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is entered into this 9th day of March, 2022 by and between the City of Wildomar, a California municipal corporation (“City”) and Lennar Homes of California, Inc. (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.

RECITALS
A. Principal owns the real property located at APNs 380-250-045, in the City of Wildomar, California, which is more particularly described in Exhibit “A” to this Agreement (“Property”).

B. Principal has applied for and obtained certain development approvals from the City to develop the Property. The development approvals and City ordinances require Principal to construct certain public improvements and dedicate those public improvements to the City after construction is complete.

C. This Agreement memorializes the understanding between the parties regarding the terms and conditions under which Principal will construct and City will accept the required public improvements.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
2 PUBLIC IMPROVEMENT AGREEMENT

1. Construction of Improvements. The Principal agrees to construct and install public improvements on the Property, at the Principal’s own cost and expense - said improvements shown on the onsite improvement plans submitted by Principal and approved by the City as referenced and contained within this Onsite Public Improvement Agreement (“Required Improvements”). Prior to commencing any work, Principal shall, at its sole cost and expense, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Required Improvements and performance of Principal’s obligations under this Agreement. The Required Improvements shall be constructed in accordance with all approved plans, specifications, standard drawings, and special amendments thereto on file with the 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. Principal shall complete the construction of the Required Improvements within twelve months of the date of this Agreement. a. Standard of Performance. Principal and its contractors, if any, shall perform all work required to construct the Required 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. Principal represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Principal 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.
b. Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Required Improvements it is determined that the public interest requires alterations in the Required Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Required Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
c. Fees and Charges. Principal shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Required 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 or as required by other governmental agencies having jurisdiction over the Required Improvements.

2. Commencement of Work. The Principal shall notify the City Engineer of the commencement of work on the Required Improvements.
3 PUBLIC IMPROVEMENT AGREEMENT

3. Completion of Improvements. Upon satisfactory completion of all Required Improvements as determined by the City Engineer or his or her designee (hereafter the “City Engineer”), Principal shall offer to dedicate the Required Improvements to the City, and City agrees to accept that offer of dedication in accordance with its policies and procedures and the terms of this Agreement.

4. Title to Required Improvements. The City shall not accept the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer. Until such time as the Required Improvements are accepted by the City, Principal shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of the Required Improvements shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Principal shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City. a. Developer’s Notice of Completion. Upon the acceptance of the Required Improvements by City, Principal shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Required Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the accepted Required Improvements shall become the sole and exclusive property of City without payment therefor.
b. City Acceptance of Public Improvements. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Required Improvements.
c. Developer’s Obligation to Provide As-Built or Record Drawings.

Notwithstanding the foregoing, City may not accept any Required Improvements unless and until Principal provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Required Improvements. The drawings shall be certified and shall reflect the condition of the Required Improvements as constructed, with all changes incorporated therein.

5. Extension of Time to Complete Improvements.
a. The City Engineer may extend the date for completing the Required Improvements. Extensions shall be granted only upon a showing of good cause by the Principal. The City Engineer shall be the sole and final judge as to whether good cause has been shown.
b. Requests for extension of the completion date shall be in writing and delivered to the City Engineer in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
4 PUBLIC IMPROVEMENT AGREEMENT
c. In the event the City Engineer extends the time of completion of the Required Improvements, such extension may be granted without notice by the City to the Principal’s surety and shall in no way release any guarantee or security given by the Principal pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time, the City may require new or amended improvement security to reflect increases in the estimated costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.

6. Inspection. Principal shall at all times maintain proper facilities and safe access for inspection of the Required Improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Principal may request a final inspection by the City Engineer or his designee. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Required Improvements to the City. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Principal shall bear all costs of plan check, inspection and certification.

7. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of the Required Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Required Improvements until approved and accepted. Any use by any person of the Required Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Principal at all times prior to City’s acceptance of the Required Improvements. Principal shall maintain all the Required Improvements in a state of good repair until they are completed by Principal and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Principal’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Principal 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 Principal 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 Required Improvements or their condition prior to acceptance. Until final acceptance of the Required Improvements, Principal shall give good and adequate warning to the public of each and every dangerous condition existing on the Property, and will take reasonable actions to protect 5 PUBLIC IMPROVEMENT AGREEMENT
the public from such dangerous conditions.

8. Superintendence by Principal. Principal shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Principal shall maintain an office with a telephone and Principal or a person authorized to make decisions and to act for Principal in Principal’s absence shall be available on the job site within three (3) hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements.

9. Injury to Public Improvements, Public Property or Public Utilities Facilities.

Principal shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Principal shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Engineer.

10. Warranty. If, within a period of one year after final acceptance by the City of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Principal, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Principal shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Principal fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Principal can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Principal shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.

As to any Required Improvements which have been repaired, replaced, or reconstructed during the Warranty, Principal 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 Required Improvements. Nothing herein shall relieve Principal from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Required Improvement following expiration of the Warranty or any extension thereof. Principal’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. Defense, Indemnification and Hold Harmless. Principal 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 6 PUBLIC IMPROVEMENT AGREEMENT
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 Principal, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Required Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them.

This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Principal’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

12. Security.
a. Required Security. Concurrently with the execution of this Agreement, the Principal shall furnish the City with:
(1) Faithful Performance Security. Principal shall provide faithful performance security to secure faithful performance of this Agreement (“faithful performance” security). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $4,971,500.00 (Four Million Nine Hundred Seventy-One Thousand Five Hundred and No/100 Dollars),. (2) Payment Security. Principal shall also provide payment security to secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for the work (“payment security”). This security shall be in the amount of fifty percent (50%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $2,485,750.00 (Two Million Four Hundred Eighty- Five Thousand Seven Hundred Fifty and No/100 Dollars), and shall secure the obligations set forth in Title 1 (commencing with Section 8000) through Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.
(3) Guarantee and Warranty Security. Principal shall also file with this Agreement a “guarantee and warranty security” in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $497,150.00 (Four Hundred Ninety- Seven Thousand One Hundred Fifty and No/100 Dollars) to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished. 7 PUBLIC IMPROVEMENT AGREEMENT
(4) Monument Security. Principal shall also file with this Agreement a “monument security” in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments, as determined by the City Engineer, which total cost is in the amount of Not Applicable to guarantee and secure the placement of such monuments.
b. Additional Requirements.
(1) Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner of the State of California as “admitted surety insurers,” to act as surety upon bonds and undertakings. The company shall maintain in this State at least one office for the conduct of its business. Bonds must be approved by the City. The premiums for said bonds shall be paid by Principal.
(2) The bonds shall be furnished on the forms enclosed
following this Agreement and shall be satisfactory to the City. (3) The surety (or sureties) shall furnish reports as to the financial conditions from time to time as requested by the City. (4) Alternative forms of security will be allowed upon approval of the City Engineer and shall be approved as to form by the City Attorney. All required securities shall be in a form approved by the City Attorney. (5) No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties.
(6) The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer and as provided in this Agreement. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Principal’s completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City. (7) The Attorney-in-Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. c. Principal’s Liability. While no action of Principal shall be required in order for City to realize on its security under any security instrument, Principal agrees to cooperate with City to facilitate City’s realization under any security instrument, and to take no action to prevent City from such realization under any Security instrument.

Notwithstanding the giving of any security instrument or the subsequent expiration of any security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Principal shall be personally liable for performance 8 PUBLIC IMPROVEMENT AGREEMENT
under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 12. d. Release of Security.
(1) Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. Any unreleased portion of the guarantee and warranty security shall remain in full force and effect unless and until the City notifies Principal in writing that the necessary repairs have been made to the satisfaction of the City Engineer and that the warranty period has been successfully completed. (2) Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code (commencing with Section 8410), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.
(3) Faithful Performance Security. The faithful performance security may be released upon acceptance of the Required Improvements by the City. (4) Monument Security. The monument security may be
released by written authorization of the City Engineer after all required monuments are accepted by the City Engineer, and City has received written acknowledgment of payment in full from the engineer or surveyor who set the monuments.

13.Insurance.
a.Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
(1)General Liability. Developer and its contractors shall procure and maintain Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, 9 PUBLIC IMPROVEMENT AGREEMENT
and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by Developer. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance
(2)Business Automobile Liability. Developer and its
contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, and non owned by the insured or for which the insured is responsible.
(3)Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees. (4)Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.
(5)Pollution Liability.Minimum Limits: $1,000,000 per
Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City. Developer and its contractors are responsible for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work. The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work. The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a 10 PUBLIC IMPROVEMENT AGREEMENT
Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. b.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.
c.Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. City shall continue to be an additional insured for completed operations for (1) year after completion of the work. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. d.Primary Insurance; Waiver of Subrogation. The General Liability Insurance provided to the additional insured shall be primary to, and non contributory with, any insurance or self insurance program maintained by the 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, its elected officials, officers, employees, agents and volunteers.
e.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. f.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. Developer shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Developer shall forthwith obtain and submit proof of substitute insurance. Should Developer fail to immediately procure other insurance, as 11 PUBLIC IMPROVEMENT AGREEMENT
specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.
g.Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.

14. Principal Not Agent of City. Neither Principal nor any of Principal’s agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Principal’s obligations under this Agreement.

15. Default; Notice; Remedies.
a. Notice. If Principal 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 Principal to be in default or violation of this Agreement and make written demand upon Principal or its surety, or both, to immediately remedy the default or violation. Principal shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Principal shall commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the demand to remedy the default, Principal and its surety shall be liable to City for all costs of construction and installation of the Required Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
b. Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Principal and its surety, without the necessity of giving any further notice to Principal or surety. City’s right to take such actions shall in no way be limited by the fact that Principal or its surety may have constructed any, or none of the required or agreed upon Required Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Principal or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Principal or its surety the full cost and expense incurred.
c. Other Remedies. No action by City pursuant this section shall prohibit City from exercising any other right or pursuing any other legal or equitable 12 PUBLIC IMPROVEMENT AGREEMENT
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.

16. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

City Engineer
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Notices required to be given to Principal shall be addressed as follows:

Lennar Homes of California, LLC
Attn: Geoffrey Smith
980 Montecito Drive, Suite 302
Corona, CA 92879

17. Authority to Execute. Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

18. Attorney’s Fees. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all attorney’s fees and costs. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of attorney’s fees and costs.

19. Assignment. Principal shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

20. Compliance with Laws. Principal, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including, but not limited to, obtaining all applicable 13 PUBLIC IMPROVEMENT AGREEMENT
permits and licenses.

21. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Principal of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Principal 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 Required 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 Required Improvements or this Agreement.

22. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Principal’s rights with respect to any change in any zoning or building law or ordinance.

23. Approvals by City; Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Principal and by the City. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

24. Construction and Interpretation. It is agreed and acknowledged by Principal that the provisions of this Agreement have been arrived at through negotiation, and that Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

25. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. The Agreement shall be recorded in the Office of the Recorder of Riverside County and shall constitute a covenant running with the land and an equitable servitude upon the subject property.

26. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Riverside, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California.

27. Integration. This Agreement is an integrated agreement. It supersedes all 14 PUBLIC IMPROVEMENT AGREEMENT
prior negotiations, representations, or agreements, either written or oral.

28. 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 Principal include all personnel, employees, agents, and subcontractors of Principal, 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.

29. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired.

30. Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

31. Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Principal.

32. Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, nor approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Principal. Principal’s contractors and subcontractors are exclusively and solely under the control and dominion of Principal.

Nothing herein shall be deemed to make Principal or its contractors an agent or contractor of City.

IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
15 PUBLIC IMPROVEMENT AGREEMENT

CITY OF WILDOMAR
Daniel A. York
City Manager
PRINCIPAL:

Lennar Homes of California, LLC
Name: Geoffrey Smith
Title: Vice President
Name:

Title:

ATTEST:
___________________________
Janet Morales
City Clerk

APPROVED AS TO FORM
___________________________
Thomas D. Jex
City Attorney
NOTE: 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 T BUSINESS ENTITY.
16 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
Parcel 4 of Parcel Map No. 9637, in the City of Wildomar, County of Riverside, State of California, as shown by map on file in book 58, pages 1 through 5, inclusive, of parcel maps, in the office of the county recorder of said Riverside County.
1 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “B”

SURETY BONDS AND OTHER SECURITY
As evidence of understanding the provisions contained in this Agreement, and of the Principal’s intent to comply with same, the Principal has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE SECURITY: $ 4,971,500.00
Surety:

Attorney-in-
fact:

Address:

PAYMENT SECURITY: $1,667,5 2,485,750.00
Surety:

Attorney-in-
fact:

Address:

MONUMENT SECURITY: $ Not Applicable
Amount deposited per Cash Receipt
No.

Date:
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

ONSITE PUBLIC IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California (“City”) and Lennar Homes of California, LLC (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Horizons by Lennar Homes Onsite Public Improvements (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement dated March 9, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and _________________________________ (“Surety”), a corporation organized and existing under the laws of the State of __________, and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of ___________________________________ Dollars ($____________), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in 2 PUBLIC IMPROVEMENT AGREEMENT
the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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.

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 _______________, ______.

Lennar Homes of California, LLC
Principal Surety
By: By:

Its: Managing Member 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.
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

ONSITE PUBLIC IMPROVEMENTS

FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar California (“City”) and Lennar Homes of California, LLC (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Horizons by Lennar Homes Onsite Public Improvements (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement dated March 9, 2022 (“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 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 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 _________________________ (“Surety”), a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance 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 performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the 2 PUBLIC IMPROVEMENT AGREEMENT
Principal, the sum of _________________________ Dollars ($_______________), said sum being not less than 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

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 9100, 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.

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 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. 3 PUBLIC IMPROVEMENT AGREEMENT
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 _______________, ______.

Lennar Homes of California, LLC
Principal Surety
By: By:

Its: Managing Member 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.

PARCEL MAP OR TRACT MAP NO. TM 36672 DATE: 2/1/2022
PROJECT: 21-0117 Lennar-Horizons

ONSITE IMPROVEMENTS
Street/Drainage $ 3,922,392.65 $ $
*Flood Control $ 0.00 $ $
Water None $ 547,560.00 $ $
EVMWD
Sewer None $ 501,552.00 $ $
EVMWD
Total 4,971,504.65 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mat hmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do/do not include additional 20% for re cordation prior to having signed plans (Ordinance 460, Section 10.3E).
2/1/2022
Signature Date
John D. Tanner III 60132 6/30/2022
Name Typed or printed RCE# Exp. Date
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Wildomar Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

3. For Construction items not covered by "City of Wildomar Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Wildomar Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.

CITY OF WILDOMAR PUBLIC WORKS DEPARTMENT

AND PLAN CHECK DEPOSIT CALCULATION SHEET

CONSTRUCTION COST WORKSHEET

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS

0.00 273,750.00
250,750.00
2,485,750.00
PP, CU, PU, MS OR VL NO.

MATERIAL & LABOR
*** PLEASE READ INSTRUCTIONS BELOW ***
3,922,500.00

0.00 547,500.00
501,500.00
4,971,500.00
497,150.00
1,961,250.00

FAITHFUL PERFORMANCE

SECURITY
(100% of Estimated
Construction Costs) Construction Costs)

SECURITY
(**50% of Estimated
Horizons - Constr Cost Worksheet Onsite Improvements.xls UNIT COSTS 3/01/2011
FORMAT 3/01/2008
(ONSITE PUBLIC IMPROVEMENTS)
Sheet 2 of 8

UNIT
C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 54,170.60
C.Y. $ 2.80 $ 0.00
SF
L.F. $ 1.00 $ 0.00
S.F. $ 1.50 $ 0.00
S.Y. $ 2.00 $ 0.00
TON $ 90.00 $ 283,547.17
C.Y. $ 50.00 $ 192,933.33
Ton $ 600.00 $ 2,315.20
S.F. $ 0.90 $ 0.00
L.F. $ 15.00 $ 23,100.00
L.F. $ 17.00 $ 0.00
L.F. $ 12.00 $ 0.00
L.F. $ 12.00 $ 0.00
L.F. $ 15.00 $ 65,010.00
L.F. $ 8.00 $ 0.00
L.F. $ 10.00 $ 0.00
S.F. $ 10.00 $ 34,870.00
S.F. $ 6.00 $ 238,482.00
S.F. $ 8.00 $ 62,592.00
S.F. $ 6.00 $ 0.00
EA. $ 2,000.00 $ 18,000.00
S.F. $ 40.00 $ 282,080.00
L.F. $ 100.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 10.00 $ 0.00
L.F. $ 32.00 $ 99,264.00
L.F. $ 12.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 10,000.00 $ 0.00
EA. $ 5,000.00 $ 155,000.00
EA. $ 2,500.00 $ 2,500.00
EA. $ 300.00 $ 0.00
C.Y. $ 400.00 $ 0.00
L.F. $ 113.00 $ 49,155.00
L.F. $ 115.00 $ 42,895.00
L.F. $ 153.00 $ 40,239.00
L.F. $ 90.00 $ 3,870.00
L.F. $ 100.00 0.00
L.F. $ 235.00 0.00
L.F. $ 130.00 0.00
L.F. $ 150.00 0.00
L.F. $ 170.00 277,440.00
EA. $ 2,200.00 $ 0.00
EA. $ 4,000.00 $ 8,000.00
1,632 66" R.C. P.

Asphalt Concrete 5" ( 104,184 S.F.) ( 144 lbs/cu.ft) Agg Base Class II 12" (104,184 S.F.)
Asphalt Emulsion (Fog Seal/Paint Binder) (1 ton = 240 gals) (104,184 S.F.) apply at

0.05+0.03 = 0.08 gal/SY
3,151
AC overlay (min. 0.10')
4 Curb and Gutter (Type A-8)
Sawcut Exist. A.C. Pavement
Cold Plane A.C. Pavement
3,859
7,824
39,747
P.C.C. Cross Gutter and Spandrels
P.C.C. Sidewalk
A.C. Dike (6")(incl. material & labor)
3,102 Steel Fence ( 6' )
Barricades
1,540 Curb and Gutter (Type A-6) 7,052 Structural Reinforcement Concrete (Retaining Wall) P.C.C. Drive Approach
3,487
9 (b.) Excavate and Export
(c.) Import and Fill
If balance, provide (a.) only, either cut or fill,If export, provide (a.)&(b.) a = fill, b = cut - fill,If import, provide (a)&(c), a = cut, c = fill - cut (Unit costs for (a),(b), & (c) are 20% of actual costs to assure that work will be corrected to eliminate hazardous conditions.)
AC Area
P.C.C. Dip Section Std. 307
4,334
Type "D-1" Curb

20.001. Projects with Grading Plan, Area x 0.50' (hinge point to hinge point)

ONSITE EXCAVATION
Grinding A.C. , in place
104,184

0.00$$

2. Projects without a Grading Plan Road area and side slopes to daylight Cut (c) = Fill (f) =
C.Y.
(a.) Excavate and Fill

CITY OF WILDOMAR PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
COST

ONSITE STREET AND STORM DRAIN IMPROVEMENTS

UNIT AMOUNT QUANTITY ITEM
49,246
Type "C" Curb
Type "D" Curb
Utility Trench, one side (Edison, Telephone, Cable) (total length of Streets) Handicapped Access Ramp
A.C. Dike (8")(incl. material & labor)
Metal Beam Guard Railing
Relocate Power Pole
Street Lights (including conduit)
Relocate Fence
31 1 Concrete Bulkhead Pipe Gate
Slope Anchors for Pipes
Cut Off Wall ( Std 2' )
43 24" R.C. P. Or 28" x 20" RCPA
435
373
60" R.C. P. Or 71" x 47" RCPA
263
36" R.C. P. Or 42" x 29" RCPA
42" R.C. P. Or 49" x 33" RCPA
54" R.C. P. Or 64" x 43" RCPA
48" R.C. P. Or 57" x 38" RCPA
18" R.C. P. Or 21" x 15" RCPA
30" R.C. P. Or 35" x 24" RCPA
Catch Basin W=7'
Catch Basin W=4'
2 Horizons - Constr Cost Worksheet Onsite Improvements.xls UNIT COSTS 3/01/2011
FORMAT 3/01/2008

Sheet 3 of 8
EA. $ 7,800.00 $ 7,800.00
EA. $ 12,000.00 $ 0.00
EA. $ 15,000.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 2,500.00 $ 2,500.00
EA. $ 3,000.00 $ 0.00
EA. $ 3,000.00 $ 9,000.00
EA. $ 2,000.00 $ 2,000.00
EA. $ 3,700.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 3,300.00 $ 19,800.00
EA. $ 2,700.00 $ 0.00
EA. $ 5,000.00 $ 5,000.00
EA. $ 250.00 $ 0.00
EA. $ 600.00 $ 0.00
EA. $ 500.00 $ 4,000.00
EA. $ 300.00 $ 300.00
EA. $ 3,800.00 $ 19,000.00
S.F. $ 55.00 $ 26,510.00
S.F. $ 5.75 $ 0.00
S.F. $ 2.50 $ 0.00
L.F. $ 26.00 $ 114,322.00
EA. $ 4,500.00 $ 9,000.00
AC. $ 3,500.00 $ 56,000.00
AC. $ 1,750.00 $ 28,000.00
L.F. $ 23.50 $ 59,901.50
$ $ 0.00
$
L.S. $ 284,790.39 $ 284,790.39
L.S. $ 137,648.69 $ 137,648.69
L.S. $ 2,847.90 $ 2,847.90
$ $ 0.00
A. $ 2,723,883.79
B. $ 544,776.76
C. $ 3,268,660.55
D. $ 653,732.11
E. Streets/Drainage Total (C + D) $ 3,922,392.65
2 Construction Entrance Including Fine Grading, Rock, Shaker Bars, Maintenance 16 Erosion Control Implementation 16 Erosion Control, Maintenance 1 Landscape planting Commercial Driveway Approach
Remove and Dispose Existing AC Pavement
4,397 Alley Gutter
2,549 6" Perforated Underdrain PVC 1 Irrigation system 1 Maintenance and Plant Establishment 1 Junction Structure No. 4
Adjust MH to Grade ( if no sewer plan )
1 Type IX Inlet
Manhole No. 3
Manhole No. 4
Junction Structure No. 6
Transition Structure No. 1
3 Transition Structure No. 2
Transition Structure No. 3
Catch Basin W=14'
Catch Basin W=21'
Catch Basin W=28'

BOND AMOUNT FOR RECORDATION PRIOR TO HAVING SIGNED PLANS Subtotal
Concrete Collar
20% x C
Type X Inlet
Junction Structure No. 1
Junction Structure No. 2
1 Adjust Water Valve to Grade ( if no water plan )
1 Streets/Drainage Total (A + B)
Administrative Contingency ( % x A)
NOTE: Use 20% for TR and PM Use 5% for PP, CU, PU, MS and VL 8 CMP Riser
1 6
Rip Rap482
Manhole No. 1
Manhole No. 2

LANDSCAPING
5 Concrete Headwall and Wingwall
Horizons - Constr Cost Worksheet Onsite Improvements.xls UNIT COSTS 3/01/2011
FORMAT 3/01/2008

UNIT
L.F. $ 50.00 $ 97,100.00
L.F. $ 130.00 $ 0.00
L.F. 100.00 75,900.00
EA. 5,500.00 0.00
L.F. 20.00 1,600.00
EA. 850.00 1,700.00
EA. 4" Gate Valve $ 650.00 $ 0.00
EA. 6" Gate Valve $ 800.00 $ 0.00
EA. 8" Gate Valve $ 850.00 $ 7,650.00
EA. $ 1,050.00 $ 0.00
EA. $ 1,250.00 $ 0.00
EA. Fire Hydrant (6") Super $ 2,500.00 $ 0.00
EA. Fire Hydrant (6") Standard $ 2,300.00 $ 25,300.00
EA. 4" Misc. Fittings $ 150.00 $ 0.00
EA. 6" Misc. Fittings $ 200.00 $ 0.00
EA. 8" Misc. Fittings $ 250.00 $ 5,500.00
EA. 10" Misc. Fittings $ 280.00 $ 0.00
EA. 12" Misc. Fittings $ 320.00 $ 0.00
EA. Blowoffs (4") $ 1,600.00 $ 4,800.00
EA. $ 1,100.00 $ 149,600.00
EA. $ 200.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 1,850.00 $ 11,100.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 380,250.00
B. $ 76,050.00
C. $ 456,300.00
D. $ 91,260.00
E. $ 547,560.00
20% x C
Water Total (C + D)
NOTE: Use 20% for TR and PM Use 5% for PP, CU, PU, MS and VL Cases
10" Gate Valve
12" Gate Valve

BOND AMOUNT FOR RECORDATION PRIOR TO

HAVING SIGNED PLAND
( ORD.460, SEC. 10.3E)
Subtotal
Administrative Contingency ( % x A)
12" DIP Waterline
8" DIP Waterline
Join Existing Waterline
16" Steel Casing
1" Water Service Connections
Water Total (A + B)
136
6 Adjust Water Valve to Grade
Relocation of Blowoff
Air and Vacuum Valve.
22 QUANTITY ITEM
3 9
11 2 Remove Plug and Join
8" PVC Waterline1,942
80 CITY OF WILDOMAR PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
759
COST

ONSITE WATER IMPROVEMENTS

UNIT AMOUNT
Horizons - Constr Cost Worksheet Onsite Improvements.xls UNIT COSTS 3/01/2011
FORMAT 3/01/2008

UNIT
L.F. $ 35.00 $ 132,475.00
L.F. $ 50.00 $ 0.00
EA. 500.00 500.00
L.F. 25.00 45,325.00
EA. $ 5,000.00 $ 170,000.00
EA. $ 4,000.00 $ 0.00
EA. Cleanouts $ 500.00 $ 0.00
EA. Sewer Y's $ 30.00 $ 0.00
EA. Chimneys $ 400.00 $ 0.00
EA. Adjust M.H. to grade $ 500.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 35.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 348,300.00
B. $ 69,660.00
C. $ 417,960.00
D. $ 83,592.00
E. $ 501,552.00

QUANTITY ITEM

CITY OF WILDOMAR PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
COST

ONSITE SEWER IMPROVEMENTS

UNIT AMOUNT
12" PVC Sewer Main
8" PVC Sewer Main3,785
1 1,813
34 Concrete Encasement
Concrete Encasement
Remove Existing Plug and Join
4" Sewer Lateral
5' Standard Manhole
Drop Manhole
Administrative Contingency ( % x A)
NOTE: Use 20% for TR and PM Use 5% for PP, CU, PU, MS and VL Cases
Subtotal
Sewer Total (C + D)

BOND AMOUNT FOR RECORDATION PRIOR TO
HAVING SIGNED PLAND ( ORD.460, SEC. 10.3E)
20% x C
Sewer Total (A + B)
Horizons - Constr Cost Worksheet Onsite Improvements.xls UNIT COSTS 3/01/2011
FORMAT 3/01/2008

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
1 PUBLIC IMPROVEMENT AGREEMENT

NO FEE DOCUMENT
Government Code §6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

OFFSITE PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is entered into this 9th day of March, 2022 by and between the City of Wildomar, a California municipal corporation (“City”) and Lennar Homes of California, Inc. (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.

C. This Agreement memorializes the understanding between the parties regarding the terms and conditions under which Principal will construct and City will accept the required public improvements.

1. Construction of Improvements. The Principal agrees to construct and install public improvements on Prielipp Road, Elizabeth Lane and Bunny Trail, at the Principal’s own cost and expense - said improvements shown on the offsite improvement plans submitted by Principal and approved by the City as referenced and contained within this Public Improvement Agreement (“Required Improvements”). Prior to commencing any work, Principal shall, at its sole cost and expense, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Required Improvements and performance of Principal’s obligations under this Agreement. The Required Improvements shall be constructed in accordance with all approved plans, specifications, standard drawings, and special amendments thereto on file with the 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. Principal shall complete the construction of the Required Improvements within twelve months of the date of this Agreement.
a. Standard of Performance. Principal and its contractors, if any, shall perform all work required to construct the Required 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. Principal represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Principal 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.
b. Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Required Improvements it is determined that the public interest requires alterations in the Required Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Required Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
c. Fees and Charges. Principal shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Required 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 or as required by other governmental agencies having jurisdiction over the Required Improvements.

2. Commencement of Work. The Principal shall notify the City Engineer of the commencement of work on the Required Improvements.
3 PUBLIC IMPROVEMENT AGREEMENT

9. Injury to Public Improvements, Public Property or Public Utilities Facilities.

12. Security.
a. Required Security. Concurrently with the execution of this Agreement, the Principal shall furnish the City with:
(1) Faithful Performance Security. Principal shall provide faithful performance security to secure faithful performance of this Agreement (“faithful performance” security). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $1,900,500.00 (One Million Nine Hundred Thousand Five Hundred and No/100 Dollars).
(2) Payment Security. Principal shall also provide payment security to secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for the work (“payment security”). This security shall be in the amount of fifty percent (50%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $950,250.00 (Nine Hundred Fifty Thousand Two Hundred Fifty and No/100 Dollars), and shall secure the obligations set forth in Title 1 (commencing with Section 8000) through Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. (3) Guarantee and Warranty Security. Principal shall also file with this Agreement a “guarantee and warranty security” in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $190,050.00 (One Hundred Ninety Thousand Fifty and No/100 Dollars) to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished. (4) Monument Security. Principal shall also file with this Agreement a “monument security” in the amount of one hundred percent (100%) of the 7 PUBLIC IMPROVEMENT AGREEMENT
total estimated cost of the installation of survey monuments, as determined by the City Engineer, which total cost is in the amount of Not Applicable to guarantee and secure the placement of such monuments.
b. Additional Requirements.
(1) Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner of the State of California as “admitted surety insurers,” to act as surety upon bonds and undertakings. The company shall maintain in this State at least one office for the conduct of its business. Bonds must be approved by the City. The premiums for said bonds shall be paid by Principal.
(2) The bonds shall be furnished on the forms enclosed
following this Agreement and shall be satisfactory to the City. (3) The surety (or sureties) shall furnish reports as to the financial conditions from time to time as requested by the City. (4) Alternative forms of security will be allowed upon approval of the City Engineer and shall be approved as to form by the City Attorney. All required securities shall be in a form approved by the City Attorney. (5) No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties.
(6) The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer and as provided in this Agreement. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Principal’s completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City. (7) The Attorney-in-Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. c. Principal’s Liability. While no action of Principal shall be required in order for City to realize on its security under any security instrument, Principal agrees to cooperate with City to facilitate City’s realization under any security instrument, and to take no action to prevent City from such realization under any Security instrument.

Notwithstanding the giving of any security instrument or the subsequent expiration of any security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Principal shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) 8 PUBLIC IMPROVEMENT AGREEMENT
days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 12. d. Release of Security.
(1) Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. Any unreleased portion of the guarantee and warranty security shall remain in full force and effect unless and until the City notifies Principal in writing that the necessary repairs have been made to the satisfaction of the City Engineer and that the warranty period has been successfully completed. (2) Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code (commencing with Section 8410), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.
(3) Faithful Performance Security. The faithful performance security may be released upon acceptance of the Required Improvements by the City. (4) Monument Security. The monument security may be
released by written authorization of the City Engineer after all required monuments are accepted by the City Engineer, and City has received written acknowledgment of payment in full from the engineer or surveyor who set the monuments.

13.Insurance.
a.Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
(1)General Liability. Developer and its contractors shall procure and maintain Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher limits than the 9 PUBLIC IMPROVEMENT AGREEMENT
specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by Developer. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance
(2)Business Automobile Liability. Developer and its
contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, and non owned by the insured or for which the insured is responsible.
(3)Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees. (4)Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.
(5)Pollution Liability.Minimum Limits: $1,000,000 per
Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City. Developer and its contractors are responsible for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work. The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work. The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the 10 PUBLIC IMPROVEMENT AGREEMENT
existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. b.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.
c.Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. City shall continue to be an additional insured for completed operations for (1) year after completion of the work. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. d.Primary Insurance; Waiver of Subrogation. The General Liability Insurance provided to the additional insured shall be primary to, and non contributory with, any insurance or self insurance program maintained by the 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, its elected officials, officers, employees, agents and volunteers.
e.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. f.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. Developer shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Developer shall forthwith obtain and submit proof of substitute insurance. Should Developer fail to immediately procure other insurance, as 11 PUBLIC IMPROVEMENT AGREEMENT
specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.
g.Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.