Agenda packet — Wildomar City Council, July 12, 2023 (part 2 of 3)

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25. J URISDICTION AND VENUE.

A ny action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the Superior Court of California, County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction.

26. AMENDMENTS
N o change, amendment, or modification to the Agreement shall be valid or binding upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to incorporate changes required by HUD as set forth in the Urban County Qualification Notice.

Amendments must be submitted to HUD as provided in the Urban County Qualification Notice and failure to do so will void the automatic renewal for such qualification period. 2 7. PROHIBITION OF CDBG FUND TRANSFER
T he CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG funds to another such cooperating city, metropolitan city, urban county, or Indian tribe, that directly receives CDBG funds in exchange for any other funds, credits, or non- Federal considerations. CITY must use the CDBG funds for activities eligible under Title I of the ACT.

28. EMERGENCY SOLUTIONS GRANT FORMULA ALLOCATION
C ITY acknowledges that while participating in the COUNTY’s Urban County program, CITY can only receive a formula Emergency Solutions Grant (ESG) allocation from the Urban County program and only at such times as authorized by the Board of Supervisors. The CITY and COUNTY may also apply for ESG funds from the State of California, if permitted by the State.

29. HOME INVESTMENT PARTNERSHIP ACT FORMULA

ALLOCATION
CITY acknowledges that while participating in the COUNTY’s Urban County program, CITY can only receive a formula HOME allocation from the Urban County program 251
Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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and only at such times as authorized by the Board of Supervisors. The CITY and COUNTY may also apply for HOME funds from the State of California, if permitted by the State. 30 . AUTHORITY TO EXECUTE.

T he persons executing this Agreement or exhibits attached hereto on behalf of the Parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the respective Parties to this Agreement to the performance of its obligations hereunder.

31. INCORPORATION OF RECITALS
T he Parties hereby affirm the facts set forth in the recitals above. Said recitals are incorporated herein and made an operative part of this Agreement.

32. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. [S
IGNATURES ON FOLLOWING PAGE]
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Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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I N WITNESS WHEREOF , the COUNTY and CITY have executed this Agreement on the date shown below.

D
ate: _______________________
C

OUNTY OF RIVERSIDE, CITY OF WILDOMAR,
a political subdivision of the a general law city
State of California
B
Y: ____________________________ BY: _________________________ Heidi Marshall, Director Daniel A. York, City Manager

Housing and Workforce Solutions
AP
PROVED AS TO FORM: ATTEST:

Minh C. Tran, County Counsel
B
Y: ________________________
By: __________________________________ Janet Morales, CMC, City Clerk

Paula S. Salcido, Deputy County Counsel
AP
PROVED AS TO FORM:

B
Y: __________________________
Thomas D. Jex, City Attorney
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Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026

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COUNTY COUNSEL CERTIFICATION

The Office of County Counsel of the County of Riverside hereby certifies that the terms and provisions of this Agreement are fully authorized under state and l ocal law and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities specifically urban renewal and publicly assisted housing.

Minh C. Tran
County Counsel

By:

Deputy, Paula S. Salcido

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3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161

June 19, 2023

Dan York, City Manager
City of Wildomar
23873 Clinton Keith Road
Suite 201
Wildomar, CA 92595

SUBJECT: Cooperation Agreement for Urban County Qualification 2024-2026; Community Development Block Grant, HOME Investment
Partnerships Program, and Emergency Solutions Grant. Dear Mr. York:

This letter serves to confirm the City of Wildomar election to participate in the County of Riverside's Community Development Block Grant, Emergency Solutions Grant, and HOME Urban County programs for Federal Fiscal Years 2024, 2025, and 2026 (July 1, 2024, through June 30, 2027).

Cities that have chosen to be included in the designation must enter into a cooperation agreement no later than July 30, 2023. During the three-year period beginning July 1, 2024, and ending June 30, 2027, cities will not be allowed to withdraw from the County's urban program. Any unincorporated portion of the County that incorporates, or is annexed, during the qualification period will remain a part of the urban county through the end of the period.

Execution of the Cooperation Agreement and a d o p t i o n of the resolution allows the City of Wildomar to participate in the County's CDBG, HOME, and ESG programs.

Consequently, the City is ineligible to apply for grants under HUD's Small Cities (State CDBG) programs, and the City cannot receive funding through a HOME consortium, for the fiscal years during the period in which you are participating in the Urban County program.

The Cooperation Agreement complies with current HUD requirements and cannot be altered or modified. In addition, your City Council must adopt a resolution confirming participation in the County's program. We have enclosed a sample resolution; please incorporate all of the text contained in the sample into your City's resolution format.

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Please return the following documents to HWS, no later than July 30, 2023:

• Executed Cooperation Agreement (3-originals);
• Resolution adopted by City Council confirming participation in the Urban County program; and
• Copy of the City Council minute order approving the Cooperation Agreement.

Your assistance in meeting the required deadline of July 30, 2023, is critical, as there will be no allowable extension beyond this date. If you have any questions, please contact my office at (951) 955-5933 or [email protected].

Sincerely,

Susana Orozco
CDBG/ESG Programs

Enclosures: Cooperation Agreement and Sample Resolution

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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: July 12, 2023
SUBJECT:

Tract No. 31896 DR Horton Avalino – Onsite and Offsite
Improvement Agreements, Storm Drain Improvement
Agreement, EVMWD Onsite and Offsite Improvement
Agreements and RCFCWCD Storm Drain Improvement
Agreement
SUBMITTED BY:

Daniel A York
PREPARED BY:

Emily Stadnik

ACTION:

Authorize the City Manager to execute the Onsite and Offsite Improvement Agreements, Storm Drain Improvement Agreement, EVMWD Onsite and Offsite Improvement Agreements and RCFCWCD Storm Drain Improvement Agreement with D.R. Horton Los Angeles Holding Company, Inc. (Developer).

SUMMARY:

Prior to construction, the Developer must enter into Improvement Agreements with the City to secure and guarantee the completion of the public improvements that their project is conditioned to construct, or to ensure that the construction can be brought to a safe and acceptable condition if not completed. Approval of this item with authorize the City Manager to execute the Improvement Agreements on behalf of the City.

BACKGROUND:

Tentative Tract Map No. 31896 was originally approved by Riverside County Board of Supervisors on January 9, 2007. The tentative tract map was to subdivide 46.73 acres into 131 lots for single family development (7,200 sq. ft. minimum) and a 6.67-acre open space lot.

On December 2, 2015 the Planning Commission approved a minor change under the requirements of Title 16, Section 16.12.220 of the Wildomar Municipal Code (Subdivision Ordinance). On March 18, 2020 the Planning Commission approved a second minor change which included a reduction of total number of approved lots to 117 residential lots, the addition of three City owned/ maintained lots for water quality treatment and detention, and construction of frontage improvements on Palomar Street and Washington Avenue. An aerial 257
image of the project site and the surrounding area is provided in Attachment A and the project site plan is provided in Attachment B.

The final map, rough grading plan and improvement plans for Tract No. 31896 DR Horton Avalino are currently being processed with the City.

DISCUSSION:

Improvement Agreements
In order to complete all onsite and offsite public improvements, the Developer is required to enter into Improvement Agreements 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 that 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 condition. The security amounts are based on the Developer’s engineer’s construction cost estimates for the public improvements.

The following agreements and bond forms have been prepared for the project. The agreements are separated by onsite and offsite improvements, storm drain, and facilities for Elsinore Valley Municipal Water District (EVMWD) and Riverside County Flood Control and Water Conservation District (RCFCWCD). The bond amounts are based on the Developer’s engineer’s construction cost estimates included in the attachments.

Onsite Improvement Agreement and Cost Estimate (Attachment C) Offsite Improvement Agreement and Cost Estimate (Attachment D) Storm Drain Improvement Agreement and Cost Estimate (Attachment E) EVMWD Onsite Improvement Agreement and Cost Estimate (Attachment F) EVMWD Offsite Improvement Agreement and Cost Estimate (Attachment G) RCFCWCF Storm Drain Improvement Agreement and Cost Estimate (Attachment H) Staff is requesting that the City Council authorize the City Manager to execute the above- mentioned improvement agreements with D.R. Horton Los Angeles Holding Company, Inc.

FISCAL IMPACT:

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

ATTACHMENTS:

Attachment A - Aerial Map
Attachment B - Site Plan TR31896
Attachment C - Onsite Imp Agreement
Attachment D - Offsite Imp Agreement
Attachment E - Storm Drain Imp Agreement
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Attachment F - EVMWD Onsite Imp Agreement
Attachment G - EVMWD Offsite Imp Agreement
Attachment H - RCFCWCD SD Imp Agreement
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ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
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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: Tract No. 31896 Avalino
Project
Address:

Palomar Street and Starbuck
Circle
APN: APNs 380-160-017 and -018,
380-210-003, -004, -005,
-008 and -016
Project No.: 22-0147

ONSITE IMPROVEMENT AGREEMENT
This Onsite Improvement Agreement (“Agreement”) is entered into this 12th day of July, 2023 by and between the City of Wildomar, a California municipal corporation (“City”) and D.R. Horton Los Angeles Holding Company, Inc. a California corporation, (“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 Palomar Street and Starbuck Circle, 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.
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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:

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 265
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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. 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, the approved final or parcel map, 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 266
4 PUBLIC IMPROVEMENT AGREEMENT
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.
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 267
5 PUBLIC IMPROVEMENT AGREEMENT
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 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 268
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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 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 $2,420,500.00 (Two Million Four Hundred Twenty 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 $1,210,250.00 (One Million Two Hundred Ten 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 $242,050.00 (Two Hundred Forty 269
7 PUBLIC IMPROVEMENT AGREEMENT
Two 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 total estimated cost of the installation of survey monuments, as determined by the City Engineer, which total cost is in the amount of $147,500.00 (One Hundred Forty Seven Thousand Five Hundred and No/100 Dollars), 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 270
8 PUBLIC IMPROVEMENT AGREEMENT
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) 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, 271
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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 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 272
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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 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. 273
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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 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 274
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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 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:

Dean James Pernicone
D.R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle, Suite 100
Corona, CA 92878

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, 275
13 PUBLIC IMPROVEMENT AGREEMENT
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 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.
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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 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:
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CITY OF WILDOMAR
Daniel A. York
City Manager
PRINCIPAL:

Name:

Title:

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.
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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
IN THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 31896, BEING A SUBDIVISION OF PARCELS 2, 3 AND 4 OF PARCEL MAP 8828, AS FILED IN BOOK 43, PAGE 99 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH PORTION OF BLOCK “M” AS SHOWN BY MAP ON FILE IN BOOK 4, PAGE 174 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, LYING WITHIN SECTIONS 1 AND 12, TOWNSHIP 7 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN.
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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: $ 2,420,500.00
Surety:

Attorney-in-
fact:

Address:

PAYMENT SECURITY: $ 1,210,250.00
Surety:

Attorney-in-
fact:

Address:

MONUMENT SECURITY: $ 147,500.00
Amount deposited per Cash Receipt
No.

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

SUBJECT TO RENEWAL

CITY OF WILDOMAR

ONSITE IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California (“City”) and D.R. Horton Los Angeles Holding Company, Inc. (“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, utilities, drainage facilities, landscaping, street lights, monuments and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Onsite Improvement Agreement dated July 12, 2023 (“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.

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 _______________, ______.

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.
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BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

ONSITE IMPROVEMENTS

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

WHEREAS the City of Wildomar California (“City”) and D.R. Horton Los Angeles Holding Company, Inc. (“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, utilities, drainage facilities, landscaping, street lights, monuments and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Onsite Improvement Agreement dated July 12, 2023 (“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 283
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. 284
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 _______________, ______.

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.
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286
287
288
289
290
291
292
293

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
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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: Tract No. 31896 Avalino
Project
Address:

Palomar Street and Starbuck
Circle
APN: APNs 380-160-017 and -018,
380-210-003, -004, -005,
-008 and -016
Project No.: 22-0147

OFFSITE IMPROVEMENT AGREEMENT
This Offsite Improvement Agreement (“Agreement”) is entered into this 12th day of July, 2023 by and between the City of Wildomar, a California municipal corporation (“City”) and D.R. Horton Los Angeles Holding Company, Inc., a California corporation, (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.

1. Construction of Improvements. The Principal agrees to construct and install on the Property, at the Principal’s own cost and expense, the public improvements shown on the improvement plans submitted by Principal and approved by the City as referenced and contained within this Offsite 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 maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is 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 296
3 PUBLIC IMPROVEMENT AGREEMENT
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.

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 297
4 PUBLIC IMPROVEMENT AGREEMENT
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.
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.

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 298
5 PUBLIC IMPROVEMENT AGREEMENT
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 the public from such dangerous conditions.

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

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 299
6 PUBLIC IMPROVEMENT AGREEMENT
shall survive the expiration or termination of this Agreement.

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 $1,435,500.00 (One Million Four Hundred Thirty Five 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 $717,750.00 (Seven Hundred Seventeen 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 $143,550.00 (One Hundred Forty 300
7 PUBLIC IMPROVEMENT AGREEMENT
Three Thousand Five 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. (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 301
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take no action to prevent City from such realization under any Security instrument.

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.
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(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 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 303
10 PUBLIC IMPROVEMENT AGREEMENT
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 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 304
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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 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.

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 305
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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 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:

Dean James Pernicone
D.R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle, Suite 100
Corona, CA 92878

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 306
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release or discharge Developer from any duty or responsibility under 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.

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, 307
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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 prior negotiations, representations, or agreements, either written or oral.

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.

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.

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:
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CITY OF WILDOMAR
Daniel A. York
City Manager
PRINCIPAL:

Name:

Title:

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.
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EXHIBIT “A”

PERFORMANCE SECURITY: $ 1,435,500.00
Surety:

Attorney-in-
fact:

Address:

PAYMENT SECURITY: $ 4 717,750.00
Surety:

Attorney-in-
fact:

Address:

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

Date:
311
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

OFFSITE IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California (“City”) and D.R. Horton Los Angeles Holding Company, Inc. (“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, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Offsite Improvement Agreement dated July 12, 2023 (“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.

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

SUBJECT TO RENEWAL

CITY OF WILDOMAR

OFFSITE IMPROVEMENTS

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

WHEREAS the City of Wildomar California (“City”) and D.R. Horton Los Angeles Holding Company, Inc. (“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, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Offsite Improvement Agreement dated July 12, 2023 (“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 314
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.

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. 315
316
317
318
319
320
321
322
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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 _______________, ______.

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.
324

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
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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: Tract No. 31896 Avalino
Project
Address:

Palomar Street and Starbuck
Circle
APN: APNs 380-160-017 and -018,
380-210-003, -004, -005,
-008 and -016
Project No.: 22-0147

STORM DRAIN IMPROVEMENT AGREEMENT
This Storm Drain Improvement Agreement (“Agreement”) is entered into this 12th day of July, 2023 by and between the City of Wildomar, a California municipal corporation (“City”) and D.R. Horton Los Angeles Holding Company, Inc., a California corporation, (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.

1. Construction of Improvements. The Principal agrees to construct and install on the Property, at the Principal’s own cost and expense, the public improvements shown on the improvement plans submitted by Principal and approved by the City as referenced and contained within this Storm Drain 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 maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 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 327
3 PUBLIC IMPROVEMENT AGREEMENT
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.

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 328
4 PUBLIC IMPROVEMENT AGREEMENT
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.
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.

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 329
5 PUBLIC IMPROVEMENT AGREEMENT
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 the public from such dangerous conditions.

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

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 330
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shall survive the expiration or termination of this Agreement.

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 $1,515,500.00 (One Million Five Hundred Fifteen 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 $757,750.00 (Seven Hundred Fifty Seven 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 $151,550.00 (One Hundred Fifty 331
7 PUBLIC IMPROVEMENT AGREEMENT
One Thousand Five 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 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 332
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take no action to prevent City from such realization under any Security instrument.

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.
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(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 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 334
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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 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 335
11 PUBLIC IMPROVEMENT AGREEMENT
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 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.

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 336
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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 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:

Dean James Pernicone
D.R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle, Suite 100
Corona, CA 92878

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 337
13 PUBLIC IMPROVEMENT AGREEMENT
release or discharge Developer from any duty or responsibility under 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.

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, 338
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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 prior negotiations, representations, or agreements, either written or oral.

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.

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.

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:
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CITY OF WILDOMAR
Daniel A. York
City Manager
PRINCIPAL:

Name:

Title:

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.
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EXHIBIT “A”

PERFORMANCE SECURITY: $ 1,515,500.00
Surety:

Attorney-in-
fact:

Address:

PAYMENT SECURITY: $ 757,750.00
Surety:

Attorney-in-
fact:

Address:

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

Date:
342
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

STORM DRAIN IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California (“City”) and D.R. Horton Los Angeles Holding Company, Inc., (“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 storm drains, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Storm Drain Improvement Agreement dated July 12, 2023 (“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.

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

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.
344
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

STORM DRAIN IMPROVEMENTS

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

WHEREAS the City of Wildomar California (“City”) and D.R. Horton Los Angeles Holding Company, Inc., (“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 storm drains, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Storm Drain Improvement Agreement dated July 12, 2023 (“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 Principal, the sum of _________________________ Dollars ($_______________), said 345
2 PUBLIC IMPROVEMENT AGREEMENT
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.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
346
3 PUBLIC IMPROVEMENT AGREEMENT
(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.
347
348
349
350
351
352
353
354
355

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
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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: Tract No. 31896 Avalino
Project
Address:

Palomar Street and Starbuck
Circle
APN: APNs 380-160-017 and -018,
380-210-003, -004, -005,
-008 and -016
Project No.: 22-0147

ELSINORE VALLEY MUNICIPAL WATER DISTRICT (EVMWD)

ONSITE IMPROVEMENT AGREEMENT
This EVMWD Onsite Improvement Agreement (“Agreement”) is entered into this 12th day of July, 2023 by and between the City of Wildomar, a California municipal corporation (“City”) and D.R. Horton Los Angeles Holding Company, Inc. a California corporation, (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.

1. Construction of Improvements. The Principal agrees to construct and install on the Property, at the Principal’s own cost and expense, the public improvements shown on the improvement plans submitted by Principal and approved by the City as referenced and contained within this EVMWD Onsite 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 maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 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 358
3 PUBLIC IMPROVEMENT AGREEMENT
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.

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 359
4 PUBLIC IMPROVEMENT AGREEMENT
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.
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.

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 360
5 PUBLIC IMPROVEMENT AGREEMENT
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 the public from such dangerous conditions.

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

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 361
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shall survive the expiration or termination of this Agreement.

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 $1,411,494.00 (One Million Four Hundred Eleven Thousand Four Hundred Ninety Four 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 $705,747.00 (Seven Hundred Five Thousand Seven Hundred Forty Seven 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 $141,149.00 (One Hundred Forty 362
7 PUBLIC IMPROVEMENT AGREEMENT
One Thousand One Hundred Forty Nine 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 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 363
8 PUBLIC IMPROVEMENT AGREEMENT
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.

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, 364
9 PUBLIC IMPROVEMENT AGREEMENT
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 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 365
10 PUBLIC IMPROVEMENT AGREEMENT
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 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. 366
11 PUBLIC IMPROVEMENT AGREEMENT
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 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.

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 367
12 PUBLIC IMPROVEMENT AGREEMENT
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 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:

Dean James Pernicone
D.R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle, Suite 100
Corona, CA 92878

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, 368
13 PUBLIC IMPROVEMENT AGREEMENT
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.

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.

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

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.

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.

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:
370
15 PUBLIC IMPROVEMENT AGREEMENT

CITY OF WILDOMAR
Daniel A. York
City Manager
PRINCIPAL:

Name:

Title:

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.
371
16 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “A”

PERFORMANCE SECURITY: $ 1,411,494.00
Surety:

Attorney-in-
fact:

Address:

PAYMENT SECURITY: $ 705,747.00
Surety:

Attorney-in-
fact:

Address:

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

Date:
373
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

EVMWD ONSITE IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California (“City”) and D.R. Horton Los Angeles Holding Company, Inc. (“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 water, sanitary sewers, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain EVMWD Onsite Improvement Agreement dated July 12, 2023 (“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.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
374
2 PUBLIC IMPROVEMENT AGREEMENT
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.

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.
375
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

EVMWD ONSITE IMPROVEMENTS

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

WHEREAS the City of Wildomar California (“City”) and D.R. Horton Los Angeles Holding Company, Inc. (“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 water, sanitary sewers, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain EVMWD Onsite Improvement Agreement dated July 12, 2023 (“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 Principal, the sum of _________________________ Dollars ($_______________), said 376
2 PUBLIC IMPROVEMENT AGREEMENT
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.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
377
3 PUBLIC IMPROVEMENT AGREEMENT
(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.
378
WO#
WATER/RW IMPROVEMENTS Date Prepared:

QUANTITY UNIT ITEM UNIT COST
LF 4" PVC Water Main 41.00$ -$
LF 6" PVC Water Main 45.00 -
LF 8" PVC Water Main 50.00 -
LF 12" PVC Water Main 65.00 -
LF 16" DIP Water Main 150.00 -
LF 18" DIP Water Main 180.00 -
LF 20" DIP Water Main 200.00 -
EA 4" RW Gate Valve 1,800.00 -
EA 6" RW Gate Valve 2,000.00 -
EA 8" RW Gate Valve 2,200.00 -
EA 12" Gate Valve 3,000.00 -
EA 16" Butterfly Valve 5,500.00 -
EA 18" Butterfly Valve 6,500.00 -
EA 20" Butterfly Valve 7,000.00 -
EA 24" Butterfly Valve 8,500.00 -
EA Fire Hydrant (6") Super 6,500.00 -
EA Fire Hydrant (6") Standard 5,500.00 -
EA Adjust Water Valve to Grade 350.00 -
EA Relocation of Blowoff 4,500.00 -
EA 1" Water Service 1,100.00 -
EA 1.5" Water Service 1,600.00 -
EA 2" Water Service 3,000.00 -
EA 3" Water Service 4,500.00 -
EA 1" Air/Vac Assembly 2,500.00 -
EA 2" Air/Vac Assembly 4,000.00 -
EA 4" Air/Vac Assembly 6,000.00 -
EA2" Blowoff 5,000.00 -
EA 6" Blowoff 6,000.00 -
IN/LF Steel Casing 20.00 -
EA 1" Sample Point 2,000.00 -
LS Traffic Control N/A -
EA8" Fittings 250.00 -
EA16" Fitting 750.00 -
EA 8" DCDA 7,000.00 -
EA 10" DCDA 10,000.00 -
LF AC Pavement Trench Repair 10.00 -
EA Cut in 12" Tee 10,000.00 -
EA Join 16" 2,000.00 -
-
Subtotal -
20% Contingency -
Total -$
Project:

1. Unit prices for steel or ductile iron pipeline shall be 35% greater than PVC in size 4-16 inch diameters and 20% greater than PVC in sizes 18-24 inch diameters. PVC will not be considered in sizes above 24-inch.

2. Unit prices are for average depth and normal soil c onditions. Unit prices shall increase where rocky soils, excavation through rock formations or extra depth occur.

AMOUNT

CONSTRUCTION COST ESTIMATE

FOR WATER IMPROVEMENTS
Prepared by:

F\Engin\Forms\Plan Check\Construction Cost Estimate
Water-RW
Updated 3/26/2013
3,680
379
WO#
SEWER IMPROVEMENTS Date Prepared:

QUANTITY UNIT ITEM UNIT COST
LF 4" Sewer Lateral 25.00$ -$
LF 6" Sewer Main 30.00 -
LF 8" Sewer Main 35.00 -
LF 10" Sewer Main 45.00 -
LF 12" Sewer Main 50.00 -
LF 15" Sewer Main 65.00 -
LF 18" Sewer Main 85.00 -
LF 21" Sewer Main 90.00 -
LF 24" Sewer Main 120.00 -
LF 6" PVC Sewer Force Main 80.00 -
LF 8" PVC Sewer Force Main 120.00 -
LF 12" PVC Sewer Force Main 140.00 -
EA 4' Manhole 3,500.00 -
EA 5' Manhole 5,000.00 -
EA 6' Manhole 7,000.00 -
IN/LF Steel Casing 20.00 -
SF Pavement Removal and Replacement N/A
LS Traffic Control N/A
Subtotal -
20% Contingency -
Total -$
Project:

2. Unit prices are for average depth and normal soil c onditions. Unit prices shall increase where rocky soils, excavation through rock formations or extra depth occur.

AMOUNT

3. DIP force main price shall be 30% higher than PVC force mains.

CONSTRUCTION COST ESTIMATE

FOR SEWER IMPROVEMENTS
Prepared by:

F\Engin\Forms\Plan Check\Construction Cost Estimate-Sewer Updated 3/26/2013 1 EA 8" Sewer Plug
16"
380
PRE AND POST METER WO#
RECYCLED WATER COST Date Prepared:

QUANTITY UNIT ITEM UNIT COST AMOUNT
EA 3/4" Reclaimed Water Meter 1,387.00$ -$
EA 1" Reclaimed Water Meter 2,044.00$ -$
EA 1-1/2" Turb Reclaimed Water Meter 4,086.00$ -$ EA 2" Turb Reclaimed Water Meter 5,776.50$ -$ EA 3" Turb Reclaimed Water Meter 10,011.00$ -$ EA 4" Turb Reclaimed Water Meter 16,452.50$ -$ EA 1" Water Service 1,100.00 -$
EA 3/4" Water Service 825.00 -$
EA 2" Water Service 3,000.00 -$
EA Pressure Reducing Station(without bypass ) 35,000.00$ -$ LF 4" PVC Water Main 41.00$ -$
LF 6" PVC Water Main 45.00 -$
LF 8" PVC Water Main 50.00 -$
LF 12" PVC Water Main 65.00 -$
LF
16" DIP Water Main 150.00 -$
LF 18" DIP Water Main 180.00 -$
LF 20" DIP Water Main 200.00 -$
EA 4" RW Gate Valve 1,800.00 -$
EA 6" RW Gate Valve 2,000.00 -$
EA 8" RW Gate Valve 2,200.00 -$
EA 12" Butterfly Valve 3,000.00 -$
EA 16" Butterfly Valve 5,500.00 -$
EA 18" Butterfly Valve 6,500.00 -$
EA 20" Butterfly Valve 7,000.00 -$
EA 24" Butterfly Valve 8,500.00 -$
EA Adjust Water Valve to Grade 350.00 -$ EA Relocation of Blowoff 4,500.00 -$
EA 1" Air/Vac Assembly 2,500.00 -$
EA 2" Air/Vac Assembly 4,000.00 -$
EA 4" Air/Vac Assembly 6,000.00 -$
EA 4" Blowoff 5,000.00 -$
EA 6" Blowoff 6,000.00 -$
IN/LF Steel Casing 20.00 -$
EA 1" Sample Point 2,000.00 -$
LS Traffic Control N/A -$
EA 8" Hot Tap 8,000.00 -$
EA 12" Hot Tap 10,000.00 -$
EA 16" Hot Tap 12,000.00 -$
Pre-Meter Sub-Total -
Pre-Meter with 20% Contigency Total -
Post Meter Items (ie, Emitters, Spray Heads, Valves…..) LS Misc. Recycled Water Items 1.00 -$ Post-Meter Sub-Total -
PRVW-Meter with 20% Contigency Total -
Total -$
Project:

CONSTRUCTION COST ESTIMATE

FOR WATER IMPROVEMENTS
Prepared by:

Pre-Meter Items
381

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
382
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: Tract No. 31896 Avalino
Project
Address:

Palomar Street and Starbuck
Circle
APN: APNs 380-160-017 and -018,
380-210-003, -004, -005,
-008 and -016
Project No.: 22-0147

ELSINORE VALLEY MUNICIPAL WATER DISTRICT (EVMWD)

OFFSITE IMPROVEMENT AGREEMENT
This EVMWD Offsite Improvement Agreement (“Agreement”) is entered into this 12 th day of July, 2023 by and between the City of Wildomar, a California municipal corporation (“City”) and D.R. Horton Los Angeles Holding Company, Inc., a California corporation, (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.

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 384
3 PUBLIC IMPROVEMENT AGREEMENT
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.

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 385
4 PUBLIC IMPROVEMENT AGREEMENT
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.
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.

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 386
5 PUBLIC IMPROVEMENT AGREEMENT
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 the public from such dangerous conditions.

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

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 387
6 PUBLIC IMPROVEMENT AGREEMENT
shall survive the expiration or termination of this Agreement.

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 $350,268.00 (Three Hundred Fifty Thousand Two Hundred Sixty Eight 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 $175,134.00 (One Hundred Seventy Five Thousand One Hundred Thirty Four 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 388
7 PUBLIC IMPROVEMENT AGREEMENT
City Engineer, which total cost is in the amount of $35,026.80 (Thirty Five Thousand Twenty Six and 80/100 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 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 389
8 PUBLIC IMPROVEMENT AGREEMENT
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.

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, 390
9 PUBLIC IMPROVEMENT AGREEMENT
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 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 391
10 PUBLIC IMPROVEMENT AGREEMENT
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 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. 392
11 PUBLIC IMPROVEMENT AGREEMENT
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 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.

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 393
12 PUBLIC IMPROVEMENT AGREEMENT
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 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:

Dean James Pernicone
D.R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle, Suite 100
Corona, CA 92878

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, 394
13 PUBLIC IMPROVEMENT AGREEMENT
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.

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.

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

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.

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.

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:
396
15 PUBLIC IMPROVEMENT AGREEMENT

CITY OF WILDOMAR
Daniel A. York
City Manager
PRINCIPAL:

Name:

Title:

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.
397
16 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “A”

PERFORMANCE SECURITY: $ 350,268.00
Surety:

Attorney-in-
fact:

Address:

PAYMENT SECURITY: $ 4 175,134.00
Surety:

Attorney-in-
fact:

Address:

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

Date:
399
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

EVMWD OFFSITE IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California (“City”) and D.R. Horton Los Angeles Holding Company, Inc. (“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 water, sanitary sewers, traffic controls, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain EVMWD Offsite Improvement Agreement dated July 12, 2023 (“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.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
400
2 PUBLIC IMPROVEMENT AGREEMENT
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.

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.
401
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

EVMWD OFFSITE IMPROVEMENTS

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

WHEREAS the City of Wildomar California (“City”) and D.R. Horton Los Angeles Holding Company, Inc. (“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 water, sanitary sewers, traffic controls, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain EVMWD Offsite Improvement Agreement dated July 12, 2023 (“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 Principal, the sum of _________________________ Dollars ($_______________), said 402
2 PUBLIC IMPROVEMENT AGREEMENT
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.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
403
WO#
WATER/RW IMPROVEMENTS Date Prepared:

2. Unit prices are for average depth and normal soil c onditions. Unit prices shall increase where rocky soils, excavation through rock formations or extra depth occur.

AMOUNT

CONSTRUCTION COST ESTIMATE

FOR WATER IMPROVEMENTS
Prepared by:

F\Engin\Forms\Plan Check\Construction Cost Estimate
Water-RW
Updated 3/26/2013 404
WO#
SEWER IMPROVEMENTS Date Prepared:

QUANTITY UNIT ITEM UNIT COST
LF 4" Sewer Lateral 25.00$ -$
LF 6" Sewer Main 30.00 -
LF 8" Sewer Main 35.00 -
LF 10" Sewer Main 45.00 -
LF 12" Sewer Main 50.00 -
LF 15" Sewer Main 70.00 -
LF 18" Sewer Main 85.00 -
LF 21" Sewer Main 90.00 -
LF 24" Sewer Main 120.00 -
LF 6" PVC Sewer Force Main 80.00 -
LF 8" PVC Sewer Force Main 120.00 -
LF 12" PVC Sewer Force Main 140.00 -
EA 4' Manhole 3,500.00 -
EA 5' Manhole 5,000.00 -
EA 6' Manhole 7,000.00 -
IN/LF Steel Casing 20.00 -
SF Pavement Removal and Replacement 10.00
LS Traffic Control N/A
Subtotal -
20% Contingency -
Total -$
Project:

2. Unit prices are for average depth and normal soil c onditions. Unit prices shall increase where rocky soils, excavation through rock formations or extra depth occur.

AMOUNT

3. DIP force main price shall be 30% higher than PVC force mains.

CONSTRUCTION COST ESTIMATE

FOR SEWER IMPROVEMENTS
Prepared by:

F\Engin\Forms\Plan Check\Construction Cost Estimate-Sewer Updated 3/26/2013 EA 8" Sewer Plug
16"
405
PRE AND POST METER WO#
RECYCLED WATER COST Date Prepared:

CONSTRUCTION COST ESTIMATE

FOR WATER IMPROVEMENTS
Prepared by:

Pre-Meter Items
406
3 PUBLIC IMPROVEMENT AGREEMENT
(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.
407

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
408

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: Tract No. 31896 Avalino
Project
Address:

Palomar Street and Starbuck
Circle
APN: APNs 380-160-017 and -018,
380-210-003, -004, -005,
-008 and -016
Project No.: 22-0147

RIVERSIDE COUNTY FLOOD CONTROL AND

WATER CONSERVATION DISTRICT

STORM DRAIN IMPROVEMENT AGREEMENT
This Riverside County Flood Control and Water Conservation District Storm Drain Improvement Agreement (“Agreement”) is entered into this 12th day of July, 2023 by and between the City of Wildomar, a California municipal corporation (“City”) and D.R.

Horton Los Angeles Holding Company, Inc., a California corporation, (“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.
409

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, 410
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.

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 411
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.
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.

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 412
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 the public from such dangerous conditions.

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

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 413
Warranty or any extension thereof. Principal’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

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 $3,901,852.00 (Three Million Nine Hundred One Thousand Eight Hundred Fifty Two 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 $1,950,926.00 (One Million Nine Hundred Fifty Thousand Nine Hundred Twenty Six 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 414
(10%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $390,185.00 (Three Hundred Ninety Thousand One Hundred Eighty Five 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 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. 415
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.

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 416
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 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 417
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 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. 418
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 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.

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 419
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 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:

Dean James Pernicone
D.R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle, Suite 100
Corona, CA 92878

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, 420
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.

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.

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

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.

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.

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:
422

CITY OF WILDOMAR
Daniel A. York
City Manager
PRINCIPAL:

Name:

Title:

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.
423
EXHIBIT “A”

PERFORMANCE SECURITY: $ 3,901,852.00
Surety:

Attorney-in-
fact:

Address:

PAYMENT SECURITY: $ 1,950,926.00
Surety:

Attorney-in-
fact:

Address:

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

Date:
425
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT STORM DRAIN IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California (“City”) and D.R. Horton Los Angeles Holding Company, Inc., (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Riverside County Flood Control and Water Conservation District Storm Drain Improvement Agreement dated July 12, 2023 (“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.

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.
427
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT STORM DRAIN IMPROVEMENTS

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

WHEREAS the City of Wildomar California (“City”) and D.R. Horton Los Angeles Holding Company, Inc., (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract No. 31896 Avalino (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Riverside County Flood Control and Water Conservation District Storm Drain Improvement Agreement dated July 12, 2023 (“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 428
2 PUBLIC IMPROVEMENT AGREEMENT
same and all persons supplying both work and materials as aforesaid excepting the 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.

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. 429
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 _______________, ______.

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.
430
JASON E. UHLEY
General Manager-Chief Engineer
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
FAX 95 l.788.9965
www .rcflood.org
248633

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
Mr. Daniel A. York
City Enginee r/Manager
C ity of Wildomar
23873 C linton K eith Road , Suite 20 I
Wildomar , CA 92595
Dear Mr. York:

January 26, 2023
Re: Tract No. 3 1896
Storm Drain Bondin g Estim ate
Account No . 137-0-3-9032 8
Please find below a detail ed construction cos t estimate of the draina ge facilities associated with the above referenced project for which the Riverside Co unty Flood Co ntrol and Wat er Co nse rvati on District (D istrict) ass umes inspectio n and maintenance res pon sibility . The estimated cost of these fac ilitie s is $3,901 ,852 and shall be the basis upon which the District shall co llect field inspectio n fees per the provisio ns of Sectio n 1 7. 1 of Subdi vision Ord inance 460 and Fee Ordinance 671.6 .

Items Unit Quantitv Unit Cost Cost
Co ncrete Gro uted Riprap Driv able Surface CY 1,402 $260 $364 ,520 Decomposed Gra nite Access Road SF 34,409 $0.77 $26 ,495 Mi sc. Ripra p ( Slope Bank , Launc hin g Toe , Energy Dissipator) CY 16,929 $ 143 $2 ,420 ,847 Jun ction Structure No. 8 EA 4 $ 15,600 $62 ,400
Access Road Fencing (Cable Railin g) LF 1,750 $48.75 $85,313 26' Wide Access Ramp Pipe Ga te EA 4 $2,500 $ I 0,000
24" RCP Sto rm Drain LF 37 $224 $8,288
30" RCP Stor m Drain LF 59 $266 $ 15,694
42" RCP Sto rm Drain LF 2 10 $353 $74 , 130
48" RCP Stor m Drain LF 296 $386 $ 11 4,256
Manhole No. I EA 3 $9 , 100 $27 ,300
Manhole No. 2 EA 3 $9,100 $27 ,300
Removab le Bol lards EA IO $ 1,500 $15 ,000
Subtotal $3 ,25 1,543
20% Co ntin ge ncy $650 ,309
Total Cost $3 ,90 1,852
Inspec tion Fee = 3% of Total Cost $ 11 7,056
Total Fees Due $ 11 7,056
Very truly yo urs,
BJ1
A, P.E.

Senior Civ il Enginee r
431
Mr. Daniel A. York
Re: Trac t No . 3 I 896
Sto rm Drain Bondin g Estim ate
Acco unt No. 13 7-0-3 -90 328
ec: MOS Co nsultin g
Att n: E d L enth
D.R. Horton
Att n: Dea n P emi co ne
CYa ldo Co rporation
Attn : Gary Yaga de
Ann Ro lle
Darry lenn Prudh o lme-Bro ckingto n
Darren James
-2-
Note: A co py o f this letter should be s ubmitt ed with the pay ment of inspection fee .

RA :blm
2486 33
Janu ary 26 , 2023
432

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.11
Meeting Date: July 12, 2023
SUBJECT:

Measure Z Oversight Advisory Committee Appointments
SUBMITTED BY:

Janet Morales
PREPARED BY:

Janet Morales

ACTION:

Review the application for membership and re-appoint Nolan King to the Measure Z Oversight Advisory Committee for a term ending February 2025.

SUMMARY:

The Measure Z Committee is comprised of five members and serves as established by the City Council. Committee members serve for 2-year terms. The Committee’s role is to ensure that all revenues received from the voter-approved “Save Wildomar Community Parks Funding Measure” (Measure Z) are spent on permissible uses as outlined in City of Wildomar Ordinance 71 and City Municipal Code Chapter 3.18.

BACKGROUND:

In February 2023, Nolan King and Sheila Urlaub's terms expired.

DISCUSSION:

On June 8, 2023, a Notice of Vacancy for 2 scheduled positions was advertised. At the end of the recruitment period, one application was received from Nolan King who would like to re- serve on the committee.

It is staff’s recommendation that the City Council review the application and re-appoint Nolan King for a term ending February 2025. A new recruitment period will be opened for the remaining vacant seat.

FISCAL IMPACT:

None.

ATTACHMENTS:
433

1. King, Nolan
434
1 | Page
Volunteer Application

WILDOMAR MEASURE Z

OVERSIGHT ADVISORY COMMITTEE
City of Wildomar
23873 Clinton Keith Rd Ste. 201
Wildomar, CA 92595
951.677.7751 (phone)
951.698.1463 (fax)

VOLUNTEER APPLICANT INFORMATION
Last Name: First Name: MI:

Address: City: Zip Code:

Home: Cell Phone:

Email Address:

QUESTIONAIRE
What type of Volunteer Experiences Have You Had?
Education, Credentials, Parks & Recreation and Accounting Experience:

Public Communication Experience:

Project Leadership Skills/Experience:

Computer Skills:

Other Relevant Skills/Information:
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2 | Page

Volunteer Acknowledgement

VOLUNTEER CONSENT
Your signature below indicates that you have read each of the above items and you agree to be bound by them. //
Applicant Name (print) Applicant Signature Date

VOLUNTEER ACKNOWLEDGEMENT AND WAIVER
As a Volunteer, I understand that:
x I give the City of Wildomar permission to conduct a thorough background check on me, which may include a review of sex offender registries, criminal history records, and law enforcement records. I understand that volunteer positions may be conditional upon favorable background information as determined by the City of Wildomar.
x The City of Wildomar is not obligated to provide me with a volunteer placement. I also understand that I am not obligated to accept the volunteer position offered. x Volunteers are expected to immediately inform us if they are unable or unwilling to perform a requested task. Physical requirements of tasks may involve sitting, standing, walking stooping, kneeling, climbing, talking. Listening, reading, handling (lifting, pushing, pulling), objects, handling heavy objects, operation tools, operating power tools, operating vehicles. x Volunteer positions are charitable contributions to the City of Wildomar without compensation or benefit of any kind or consideration of future employment. x I have the obligation to notify my supervisor of an injury incurred while volunteering. x I agree to be subjected to the policies and procedures of the City of Wildomar. x I am not an employee of the City of Wildomar.
x The City of Wildomar reserves the right to terminate my volunteer status at any time.

VOLUNTEER CODE OF CONDUCT
As a volunteer I will:
x Perform only those assigned tasks that are within my physical capability and will not undertake any tasks that are beyond my physical capability or ability. x Not undertake to operate or use vehicles, equipment or tools that I am unfamiliar with or have not been trained to operate properly and safely and have not received specific authorization to use from my supervisor.
x Observe all safety rules and use provided safety equipment in the performance of my assigned tasks. x Treat everyone with respect, patience, integrity, courtesy, and dignity. x Not use profanity, or make humiliating, ridiculing, threatening, or degrading statements. x Return all City equipment and identification upon request or at end of assignment. 3'9-+22:)034)

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436
1 Wildomar Measure Z
Oversight Advisory Committee
Supplemental Questionnaire
PRINT NAME:

PLEASE TYPE OR PRINT LEGIBLY
This Supplemental Questionnaire will be a tool in the evaluation of your qualifications for this position.

Please answer each question in sufficient detail so that we can understand precisely what your qualifying experience and accomplishments have been.

A Supplemental Questionnaire is required for Wildomar Measure Z Oversight Advisory Committee appointments. Your application will not be considered complete without submittal of both forms.

Please use the space provided for your response. If more space is necessary, one additional page per question may be attached.
__________________________________________________ _ ____________________________ Signature Date

1. Have you participated in local government as a committee member, commissioner, council member, or staff? What was your role and what did you learn from it? 3'9-+22:)034)

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2 2. What is your understanding of the role and responsibilities of the Measure Z Oversight Advisory Committee?

3. Why did you apply for the Measure Z Oversight Advisory Committee and what do you hope to accomplish by your participation?
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3 4. What qualities or experience would you br ing that would be an asset to the Measure Z Oversight Advisory Committee?

5. What is your experience with governmental accounting? Is there an advantage of line item budgeting verses a zero-based budgeting? Please describe. 3'9-+22:)034)

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4 6. What is your experience with governmental or nonprofit audits?

7. What is your experience with vendor selection and contract review in the public sector? 3'9-+22:)034)

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5 8. What is your experien ce in park maintenance?
What is your standard level of service for maintenance?

9. What is your experien ce in Recreation Programs?
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6 10. What do you feel are some of the key issues facing City parks in the next 5 to 10 years?

11. Describe your goals as part of the Measure Z Oversight Advisory Committee. (( ( $#!%

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442

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: July 12, 2023
SUBJECT:

Appointments to the California Intergovernmental Risk
Authority (CIRA) Board of Directors
SUBMITTED BY:

Janet Morales

ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REPEALING RESOLUTION NO. 2019-50, AND APPOINTING A REPRESENTATIVE AND

ALTERNATE TO THE CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA)

BOARD OF DIRECTORS
BACKGROUND:

On July 10, 2019, the City Council approved to appoint the Finance Manager as the Director and the City Clerk as the alternate for the Public Agency Risk Sharing Authority of California (PARSAC). Since then, PARSAC and the Redwood Empire Municipal Insurance Fund (REMIF) merged creating the California Intergovernmental Risk Authority (CIRA). Each member agency is required to appoint a Director and an alternate to the Board of Directors to make decisions on behalf of the City on all matters that come before the board.

DISCUSSION:

At the time Resolution 2019-50 was adopted, there was only a Finance Manager position.

Since then, the City has authorized and filled an Administrative Services Director position that oversees Risk Management. Staff recommends that the City Council change the Director from Finance Manager to Administrative Services Director and keep the City Clerk as the alternate.

A new Resolution is required to reflect the merger and the requested changes to the appointments.

FISCAL IMPACT:
443
None.

ATTACHMENTS:

1. Resolution 2023

2. Reso 2019-50
444
RESOLUTION NO. 2023 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REPEALING RESOLUTION NO. 2019-50, AND

APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE

CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA)

BOARD OF DIRECTORS
WHEREAS, the City of Wildomar (the “City”) was a party to the Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California, dated December 2, 2010 (the “Joint Powers Agreement”) and, as such, was a Member Agency of the Public Agency Risk Sharing Authority of California (“PARSAC”), as that term is defined in the Joint Powers Agreement; and WHEREAS, On November 11, 2020, the City adopted a Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority (CIRA), which permitted the merger and joining of the Public Agency Risk Sharing Authority of California (PARSAC) and the Redwood Empire Municipal Insurance Fund (REMIF) effective July 1, 2021; and
WHEREAS, Each Member Agency of CIRA is required to appoint a Director and an Alternate Director to act in the Director’s absence, to represent the City/Town as if the City/Town itself were present and acting on the CIRA Board of Directors for all matters which come before such Board of Directors, and also for the Director to be eligible for serving on the CIRA Executive Committee.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wildomar, California, does hereby repeal Resolution No. 2019-50.

BE IT FURTHER RESOLVED that the City Council hereby appoints the Administrative Service Director to serve as its Director on the CIRA Board of Directors to act on behalf of the City; and appoints the City Clerk to serve as Alternate Director in the absence of the Director; and
BE IT FURTHER RESOLVED that the City Clerk is instructed to inform the Secretary of CIRA of the above appointments by sending a certified copy of this Resolution to CIRA’s business office.

PASSED, APPROVED, AND ADOPTED this 12th day of July, 2023. ______________________________
Joseph Morabito
Mayor
445
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
446
447
448
449

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: July 12, 2023
SUBJECT:

Bundy Canyon Road Improvement Project, Segment 2 (CIP
026-2) - Right of Way Acquisition
SUBMITTED BY:

Jason Farag
PREPARED BY:

Warren Repke

ACTION:

Adopt a resolution entitled:

RESOLUTION 2023 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR CALIFORNIA

AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE

AGREEMENTS AND OTHER RELATED DOCUMENTS FOR AQUISITION OF REAL

PROPERTY REQUIRED FOR THE BUNDY CANYON ROAD IMPROVEMENT PROJECT (CIP 026-2)
SUMMARY:

The Bundy Canyon Road Improvement Project, Segment 2, from 1600' east of Oak Circle Drive to 600' east of The Farm Road (CIP 026-2) requires right-of-way acquisition from adjacent property owners. City Council action is required to authorize the City Manager to execute the various right-of-way agreements and documents.

BACKGROUND:

The five-year Capital Improvement Program includes the improvement of Bundy Canyon Road from the I-15 Freeway to the easterly City limits. The project was broken into three phases due to funding restraints. Construction of Segment 1 from I-15 to 1600' east of Oak Canyon Drive has been substantially completed. The City is receiving construction funding for Segment 2 (Project) from 1600' east of Oak Canyon Drive to 600' east of The Farm Road via a grant from the Riverside County Transportation Commission. Therefore, staff is moving forward with the necessary pre-construction project activities including acquisition of right-of-way necessary for construction of Segment 2. The City previously acquired right-of-way from several property owners within the Segment 2 Project limits, however there are a few remaining properties from which right-of-way is still needed and properties from which updated temporary construction 450
easements or right-of-entries are needed.

DISCUSSION:

Completion of the Segment 2 Project construction will require the partial acquisition of nine parcels from five owners as shown in Attachment A and Attachment B. In addition, nineteen Temporary Construction Easements (TCE's) will also be required. All but one right-of-way property appraisals have been completed with the final appraisal in progress, and negotiations with the various property owners are being initiated. At completion of negotiations, formal acquisition agreements and property transfer documents between the property owners and the City will need to be executed. The attached resolution will authorize the City Manager to execute these documents.

FISCAL IMPACT:

The project has been approved by the City Council as part of the FY 23/24 and FY 24/25 Capital Improvement Program budget. Funding for the right-of-away acquisition will come from Transportation Uniform Mitigation Fees (TUMF).

ACCOUNT CODE:
503-909-0002

ATTACHMENTS:

1. Resolution
A - Segment 2 Project Right-of-Way Parcel Map
B - Segment 2 Project Right-of-Way Parcel List
451
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, AUTHORIZING THE CITY MANAGER

TO EXECUTE PURCHASE AND SALE AGREEMENTS AND

OTHER RELATED DOCUMENTS FOR ACQUISITION OF REAL

PROPERTY REQUIRED FOR THE BUNDY CANYON ROAD,
SEGMENT 2 IMPROVEMENT PROJECT (CIP 026-2)
WHEREAS, on March 8, 2023 the City Council approved the terms of and directed the City Manager to execute an agreement with Interwest Consulting Group (“Consultant”) for right of way acquisition services related to the Bundy Canyon Road Improvement Project, (CIP 026-2) (“Project”), and;
WHEREAS, the Project will improve Bundy Canyon Road to modify alignment, add travel lanes and a multiuse trail; and
WHEREAS, the design for the Project identified nine (9) parcels which are necessary to acquire in part, via either acquisition of fee title or an easement, as well as various Temporary Construction Easements (TCE’s) necessary for project construction; and
WHEREAS, the Consultant is actively engaged in performing the acquisitions required to move the Project forward; and
WHEREAS, prior to acquisition, each parcel or interest to be acquired is appraised so that the City can offer a purchase price consistent with the law regarding expenditures of public funds; and
WHEREAS, after appraisal the City makes an offer to the owner of the parcel or interest and if agreement is reached on price, then it is usually the case that the parties want to expeditiously proceed to the execution of a formal agreement documenting the transaction; and
WHEREAS, it is within the authority of the City Council to delegate to the City Manager the authority to execute purchase and sale agreements and TCE’s for real property interests required for the Project; and
WHEREAS, by defining the scope of the City Manager’s authority in executing purchase and sale agreements and TCE’s, the City Council will retain ultimate control over the acquisition process.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Wildomar, California as follows:
452

1. The City Council delegates to the City Manager the authority to execute purchase and sale agreements for fee title, temporary easements, and permanent easements required for the Project. This delegation of authority shall allow the City Manager to negotiate terms for each purchase and sale, including price in accordance with the direction provided by the City Council. The City Manager shall not have the authority to agree to a price in excess of 120% of the appraised value of a parcel or property interest as set forth in the City’s appraisal of the subject parcel or interest. If a property owner refuses to sell the property interest required by the Project for an amount equal to or less than 120% of the City’s appraised value, the matter shall be brought to the City Council for final determination.

2. If in the course of negotiating for fee title and/or easement interests the Consultant and the owner reach agreement on a price that does not exceed 120% of the appraised value, the City Manager may execute such agreements as are necessary to conclude the purchase. The City Manager may, subsequent to execution of the agreements, take any other actions necessary to complete the purchase of fee title, temporary easements, and permanent easements necessary for the Project including, but not limited to, execution of certificates of acceptance and recordation of documents.

3. The City Council finds that this delegation of authority is in the best interests of the City and the Project because it will allow acquisitions to be timely processed while still allowing the City Council to retain final approval over exceptional cases.

PASSED, APPROVED AND ADOPTED this 12th day of July 2023. _____________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
453
Bundy Canyon – Segment 2 (Map 1 of 2)

454
Bundy Canyon – Segment 2 (Map 2 of 2)

455
PE
(Road/Sidewalk)PE (Other) TCE/ROE Fee
366-320-053
(Came From 366-320-048) Slope Easement, TCE 71,151 11,786 366-320-054
(Came From 366-320-028) Slope Easement, TCE 4,750 2,267 PID 39 367-250-007 23263 Bundy Canyon Road LLC 23263 Bundy Canyon Road Roadway and Slope Easement, TCE 11,306 37,159 7,791 PID 42/46 366-320-045, 012 34,305
PID 53/55 366-320-008, 366-310-006 72,123
PID 47 366-320-006 John Chung Hwe Park and Moon Hwa Park 23690 Bundy Canyon Road Roadway and Slope Easement, TCE 28,436 19,024 10,474 PID 56 362-090-026
(Came From 362-090-004) Ambient Pacific
Vacant property northwest of The
Farm Rd./Bundy Canyon Rd. Roadway and Slope Easement, TCE 34,007 35,864 7,886 PID 34 367-250-017 Bundy Canyon 145 LLC 23263 Bundy Canyon Road TCE/ROE 3,541 PID 35 366-320-051
(Came From 366-320-044)Jack and Claudia La Greca, Trustees 23200 Bundy Canyon Road TCE/ROE 1,652 PID 36 367-250-016
(Came From 367-250-001) Dennis and Louise Wolfe 23260 Bundy Canyon Road TCE/ROE 5,640 PID 41 367-250-018
(Came From 367-250-015) L & P Walker Family Trust 23411 Bundy Canyon Road TCE/ROE 773 PID 43 367-270-021 Casa De Adoracion Y Gloria 23510 Bundy Canyon Road TCE/ROE 837 PID 44 367-270-030 Bundy Canyon Christian School 23541 Bundy Canyon Road TCE/ROE 331 PID 45 366-320-050
(Came From 366-320-022) Nida G. Smith and Mark L. Smith 33769 Raciti Road TCE/ROE 6,008 PID 48 366-320-052
(Came From 366-320-011) Leonardo Beltran 23659 Bundy Canyon Road TCE/ROE 4,105 PID 49 366-320-049
(Came From 366-320-010) Marsha Cook, Trustee 23749 Bundy Canyon Road TCE/ROE 10,662 PID 51 366-320-046 Ortega Trail Recreation Park Dist
Vacant property east of 23742 Bundy
Canyon Rd. TCE/ROE 1,317
PID 52 366-320-041 Jodi Sadlon
Vacant property northwest of Chico
Hills Rd./Bundy Canyon Rd. TCE/ROE 2,228
PID 54 366-310-034
(Came From 366-310-015) Dien Da Dinh and Hoa Vinh Thi Le Vacant property northeast of Chico
Hills Rd./Bundy Canyon Rd. TCE/ROE
6,471
PID 57 362-211-003 Balchak 24021 Wheatfield Circle TCE/ROE 1,451 PID 58 362-211-004 Albert & Gina Lopez 24000 Wheatfield Circle TCE/ROE 1,500 PID 59 362-211-005 Deana Rene Kunz 24010 Wheatfield Circle TCE/ROE 1,500 PID 60 362-211-029 The Farm HOA 233430 Harvest Way TCE/ROE 2,914 PID 61 362-211-023 Alvardado 33371 Barley Lane TCE/ROE 638 PID 62 362-211-024 Guy Wiltshire & Claudia Salzer 33361 Barley Lane TCE/ROE 870 PID 64 362-211-030 The Farm HOA 33430 Harvest Way TCE/ROE 1,269 PID 65 362-090-025
(Came From 362-090-001) Norman Busch, Trustee 24240 Bundy Canyon Road

TCE/ROE
7,386
PARCEL
ID
- Vacant property at northwest corner
of Tulip Ln./Bundy Canyon Rd.
- Vacant property about 1050' east of
Oak Canyon Dr., south of Bundy
Canyon Rd.

Western Riverside County RCA
- Vacant property north of Oak Circle
Dr./Bundy Canyon Rd.
- Vacant property south of Raciti
Dr./Bundy Canyon Rd.

Fee Acquisition
APN Property Owner Property Address/Location Right of Way Acquisition Type Bundy Canyon Road Segment 2 Project - Right-of-Way Acquisition Parcels Subject to Permanent Rights
Parcels Subject to Temporary Construction Easements or Right of Entry PID 32/33
Subtotal (Parcels with Perm Rights)
Acquisition Areas (S.F)
Bundy Canyon 38
456

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.14
Meeting Date: July 12, 2023
SUBJECT:

Services Agreement with Architerra Design Group for the preparation of Design Plans for the 20-Acre Passive Park (CIP 099)
SUBMITTED BY:

Jason Farag
PREPARED BY:

Jason Farag

ACTION:

1. Authorize the City Manager to execute a Services Agreement with Architerra Design Group for the preparation of Design Plans for the 20-Acre Park for a total not to exceed $243,035.

2. Approve a supplemental appropriation for Fund 461 to include $70,000 in expenditures.

SUMMARY:

To open the recently acquired 20-Acre Passive Park for public use, the City must first complete initial construction activities to secure the park and make it accessible to the public.

Ultimately, additional future improvements are recommended to further enhance the benefits of the park. At the City's request, Architerra Design Group (Architerra) has provided a proposal to prepare the design plans for both the initial phase and ultimate phase of the 20-Acre Park.

This item authorizes a services agreement with Architerra for the design.

BACKGROUND:

The 20-Acre Passive Park (CIP 099) is a future City park, located east of Palomar St., south of Gierson Ave., and southeast of Pasadena St. The City Council approved the acquisition of the park land at the June 14, 2023 City Council Meeting. As part of the sales agreement between the City and the prior owner, the City must open the park for public use within one year of acquisition.

DISCUSSION:

To ensure the timely opening of the 20-Acre Park for public use and to make the development of the park more feasible, the City has phased the construction of the park into two phases.

Phase 1:

Includes basic improvements and amenities to ensure the park can be opened to the public. This phase may include improvements such as security fencing, security 457
lighting, parking lot(s), a pedestrian bridge, irrigation upgrades, utilities, and an interim restroom.

Phase 2:

Includes the completion of most other amenities, including potential additional parking lots, potential landscaping enhancements, potential minor recreational facilities, permanent restrooms, water fountains, potential gazebos or similar features, etc...

Staff requested proposals from the City's three on-call landscape architects, Placeworks, Inc., LandArq, and Architerra Design Group, for the preparation of design plans for the park. Staff evaluated the proposals and determined that Architerra's proposal demonstrated a strong understanding of the project needs with reasonable costs. A copy of the proposal is included as Attachment A. The proposal includes optional tasks that may be required based on certain conditions. As a result, staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with Architerra Design Group for the preparation of design plans for the 20-Acre Park, for a cost not to exceed $243,035. A copy of the proposed Professional Services Agreement is included as Attachment B.

FISCAL IMPACT:

The proposal is for a cost not to exceed $243,045.

DIF Park Improvement funds in the amount of $175,000 were included in the approved budget for the project (CIP 099) to complete this work. Based on the proposal cost, staff recommends that the City Council approve a budget amendment to allocate an additional $70,000 in DIF Park Improvement funds to the project.

There is no impact to the General Fund.

ACCOUNT CODE:

Budget Amendment
DIF Park Improvements (Fund 461)
Expenditures (461-099-4500-52115) = $70,000

ATTACHMENTS:

A - Consultant Proposal
B - Services Agreement
458

ARCHTERRA

DESIGNGROUP
lANDSCAPEARCHITECTUREANDPLANNING
May19th,2023
Mr.JasonFarag,PE
DirectorofPublicWorks
CityofWildomar
23873ClintonKeithRoad,Suite201
Wildomar,CA92595
RE:LANDSCAPEARCHITECTURALSERVICESPROPOSAL,20-ACREPASSIVEPARKAPN380- 050-025,WILDOMAR,CA
DearMr.Farag,
WearepleasedtosubmitthisproposalforLandscapeArchitecturalServicesin connectionwiththeprojectreferencedabove.Thisagreementisbyandbetween ArchiterraDesignGroup,Inc.(ADS)andTheCityofWildomar(Client).

PROJECTOVERVIEW
ADSshallprovideprofessionalservicesontheprojectreferencedabove,theextentof whichmaybegenerallydescribedasthepreparationofConceptualDesign,Design Development,ConstructionDocuments,Specifications,andCostEstimateforanew20- acrepassivepark.

The20-acreparcelisborderedbyasinglelargeresidentialpropertytotheeast,Palomar Streettothesouth,thefloodcontrolchannel,andadjacentAnneSullivanPreschoolto thewest,andresidentialtrackhomestothenorth.

TheCityofWildomarhasexploredtheoptionofprovidingasmallparkinglotand pedestrianaccessconnectionwithina1/2-acretriangularpropertyoffPalomarStreetto thesouthwestofthesite.Pedestrianaccesstothemainparkfromthislocationwould requireinstallationofanewpedestrianbridgetospantheexistingfloodcontrolchannel.

Otherpossiblevehicularandpedestrianaccesspointstothemainparksiteareviathe residentialstreetsofGiersonAvenueandBillieAnnRoad.TheGiersonAvenuelocation seemsthemostappropriateaccesssinceitisclosertotheexistinggradeofthepark.It alsoappearstobedesignedforafutureconnectiontoComoStreettothewest.

ConnectingvehicularandpedestrianaccesstoBillieAnnRoadwillrequiremoregrading tomakethetransitiondowntotheexistingparkgrades.

ARCHtTERRADESPGNGROUP.COM
10221-ATRADEMARKSTREETRANCHOCuCAMONGACA91730PHONE(909)484-2800EM(909)484-2802 CA#2834.AZ#29115.NV#446,OR#841NM,#538
459
CityotWildomar
20-acrePassivePark
Page2of10
PerourdiscussionswiththeCityofWildomar,theparkimprovementsareenvisionedto bephased,However,ourconceptualdesignplanswilladdresstheultimate developmentoftheentireproperty.TheresultwillbeaConceptualLandscapeMaster Planforuseinpreparingconstructiondocumentpackages.

Phase1constructiondocumentswillincludesiteaccessoffGiersonStreet,security fencing,gates,waterandelectricalservices,securitylightingatparkingarea,basictrail system,temporaryrestroom(portapotties),minorplanting,anddripirrigationsystem.

Phase2constructiondocumentswillcompletetheapprovedparkimprovements.This mayincludeaccessoffPalomarStreetwithaparkinglot,permanentrestroom,and pedestrianbridgetothemainpark,completetrailsystem,shadeshelters,permanent restroomatGiersonStreetparkingarea,connectiontoBillieAnnRoad,additionalparking areas,frisbeegolfcourse,dogparkarea,exercisestations,picnictablesandbenches, drinkingfountains,butterflygarden,trees,shrubsandgroundcoverplanting,and completeirrigationsystem.Constructiondocumentpackageswillincludeallnecessary details,bookspecifications,andcostestimates.

Ourcivilengineer,Madole&Associates,willprovidethetopographicsurveyand mapping(OptionalforPhase1),gradinganddrainageplans,aSWPPPandWQMP documentifrequired,basedonthefinaldesign.Theywillalsoprovidethelegal descriptionandplatsforstreetright-off-wayimprovementsoffPalomarStreet,Gierson Avenue,andBillieAnnRoad.

Ourelectricalengineer,JCAEngineering,willprepareelectricalplansforelectrical servicestothesite,securitylighting,restroomlightingandirrigationcontrollerpower.

Securitycameraequipmentwillbebyothers.

Wewillvisitthesitetoreview,document,andevaluatetheexistingtrees,slopes,potential drainageandsafetyissuesanddesignopportunities.Theservicesofacertifiedarborist (SteveF.Andresen)fortreeevaluationisincluded(OptionalforPhase1).

ThesitecurrentlyutilizesrecycledwaterforexistingtreeirrigationfromtheAnneSullivan Preschoolpropertyandwillbeavailableforcontinueduseforupto12months.A separatewaterserviceandmeterwillberequiredforfutureirrigationoftheexistingtrees andlandscapeimprovements.

Duringthedesignprocess,wewillresearchandevaluatepossibleon-siteparkingareas, prefabricatedpedestrianbridgecrossingthefloodcontrolchannel,restroombuilding locations,andotherfeasibilityandaccessibilityconcerns.Weanticipatethataseparate constructionpackageforthepedestrianbridgewillneedtobepreparedandsubmitted forapprovalbyRCFCD.

WehaveincludedourproposedscheduletocompletetheConceptualDesignand Phase1constructionplans,specifications,andcostestimate,foradverlisingandaward tomeettheDecember29th,2023,constrictiondeadline.ThescheduleforPhase2 improvementswillbedeterminedlatertomeetthecompletiondateofJune29,2026.

SCOPEOFSERVICES
ADGagreestoperformprofessionalservicesfortheClientassetforthbelowfortheBasic Feeasindicated:
460
CfyofWildomar
20-acrePassivePark
Page3of10
A.ConceptualDesign:

1.ProjectKick-OffteammeetingwithClienttointroducetheteam,discussthe projectgoals,designdirection,andschedules.Obtainallrelevant information,plansanddocuments.

2.SiteVisit/FieldInventorytoreview,documentandevaluateexisting conditions,opportunities,andconstraints.

3.CoordinatetheservicesofacertifiedarboristtoprepareanExistingtree evaluationreport.ThisislistedasanOptionalserviceunderitemK.

4.ProgramDevelopmentofpotentialitemstobeincludedintheoverall designplan.

5.BaseSheetDevelopment.Basedonthetopographicsurveyorsitegoogle mapimages,prepareanoveralldesignbasesheetat1’=50’scaleon30” x42”sheetsize.

6.Preparationofinformalschematictissuedesignsketches.Two(2)proposed schematicdesignsolutionsoftheentiresiteforreviewandcommentby Citywillbeprepared.Designsketcheswillalsobeusedtodiscussinitial constructionbudgets.

7.Basedonthecitypreferencesoftheschematicdesigns,prepareone(1) ConceptualLandscapeMasterPlan(CLMP).Documentwillbecolor renderedwithlegendsofallproposedsiteelements,features,trees,shrubs.

8.Prepareanimageboardoftypicaldesignfeatureelements.

9.Preparationofbudgetaryestimateofprobableconstructioncostsbasedon theCLMP.

10.Client/designprogressreviewmeeting.(Twomeetingsincluded)

11.ProjectAdministration(Si-WeeklyStatusReportandProjectScheduling).

12.TelephoneConsultation.

B.ConstructionDocumentsforPhase1:

1.TitleSheetPreparation.

2.Aut0CADBaseSheetPreparation@1”=20’scale,on(24”x36”)sheet format,(7)sheetstotal.Basesheetswillbebasedonthetopographic surveyusingCitystandardengineeringsheetformatandtitleblock.

3.GradingcoordinationwithCivilEngineerforinitialgradingofsiteaccessoff GiersonStreetandlandscapeareas.GradingplansbyCivilEngineer.

4.UtilitycoordinationwithCivilEngineerforinitialwaterservicetositeoff GiersonStreet.UtilityplansbyCivilEngineer.

5.SiteClearingPlanpreparation.Basicsiteclearingofsurfacematerialand removalofdeadtreesand/ortreesconflictingwithaccesstothepark(1”= 20’scale).
461
CityofWildomar
20-acrePassivePark
Page4of10

6.ConstructionPlanPreparationforlayoutanddetailingofsiteaccessoff GiersonStreet,basictraillayout,perimetersecurityfencing,andtemporary restroom(1”=20scale).

7.ConstructionDetailPreparationfornewsiteelements.

8.CoordinationwithElectricalEngineerforsiteelectricalserviceandsecurity lightinglayout.

9.Plantingplansforadditionaltrees.

10.InitialIrrigationPlanPreparationforexistingandnewtreeplanting(1”=20’ scale).

1.InitialIrrigationDetailPreparation.

12.Construction,Planting,andIrrigationSpecifications.(bookform)

13.PreparationoffinalCostEstimate.

14.ProvideSoilsTestandSoilsManagementReport.

15.Material/FurnishingSelection.

16.PackageCoordination.

17.ClientProgressMeeting.(Twovirtualmeetingsincluded)

18.ProjectAdministration(PreparationofBi-WeeklyStatusReportandProject Scheduling).

19.AgencyPlanCheckCorrections.

20.ProjectAdministration.

21.TelephoneConsultation.

C.CivilEngineeringServicesforPhase1—Madole&Associates:

1.Prepareatopographicsurveyofexistingfacilitieswithcontoursandspot elevations.Thesurveywillbebasedonaerialtopographysupplemented withgroundsurveydata.Preparefinalbasemappingfromsurveydata.This serviceislistedasanOptionalserviceunderitemK,butmayberequiredto completePhase1constructiondocuments.

2.Coordinatewiththeaffectedutilitycompanieswithintheprojectlimitsas wellasadjacentAgenciesasnecessary.

3.PrepareaPhase1StreetImprovementandGradingPlanforatemporary GiersanAvenueExtensionandonsiteparkingareaatnorthentrytopark.

4.PreparePhase1SWPPPanderosioncontroldocuments,ifneeded.

D.ElectricalEngineeringServicesforPhase1-JCA:

1.Electricalconstructiondocumentsreflectingnewmeteredservice,andnew areasecuritylighting.

2.Arealightingphotometricilluminationdrawings,ifneeded. 462
CityofWilciomar
20-acrePassivePark
Page5of10

3.Exteriortitle24energycalculations,ifneeded.

4.Constructionadministration,ifneeded.

E.BiddingAssistanceforPhase1:

1.Preparebidschedulewithlineitemsforclearing,grading,construction, irrigation,andplantingquantitytakeoffsandcosts.

2.Attendapre-bidmeeting.(1inperson).

3.Respondtobidder’srequestforinformation.

4.ReviewandevaluatecompletedbidscheduleswithClientandmake recommendationsinawardingconstructioncontract.

F.ConstructionAdministrationforPhase1:

1.Attendthepre-constructionmeetingandjob-sitemeetingsoverthecourse oftheconstructionschedule.(6visitstotal)

2.PreparationofsitereviewreportsforsubmittaltoClientforreview,and contractorforcorrection.(6reportstotal)

3.Review/approvesubmittalsandprovideresponsetocontractorsrequests forinformation(RFI)abouttheplansandspecificationsforwardedtothe ConsultantbytheCity.

4.Reviewsiteforcontractor’srequestforsubstantialcompletion.Prepare punchlistofitemsforcompletionand/orcorrection.

5.ProjectAdministration.

Phase2finalConstructionDocumentsscopeofservicesmayneedtobeadjustedprior tothestartofthisphase.BiddingandConstructionAdministrationforPhase2willbe providedlater.Itisanticipatedthatgeotechnicalandstructuralengineeringserviceswill beneededatthattimebasedonthefinalapprovedCLMP.ADSwillmeetwiththecity toreviewandfinalizethescopeofservicesandadjustasneededpriortoproceeding.

Thisscopeofservicesisbasedontheassumptionslistedintheprojectoverview.

G.ConstructionDocumentsforPhase2:

I.TitleSheetPreparation.

2.Aut0CADPhase2DesignDevelopmentBaseSheetPreparation©1”=20’ scale,on(24”x36”)sheetformat,(7)sheetstotal.

3.GradingcoordinationwithCivilEngineerforfinalgradingoflandscape areas.FinalgradingplansbyCivilEngineer.

4.ConstructionPlanPreparationforlayoutanddetailingofsiteaccessroads andtrails,on-siteparkingareas,prefabricatedrestrooms,shadeshelters, picnicareas,frisbeegolfcourse,drinkingfountains,dogparkarea(1”=20’ scale).
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CityatWildomar
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Page6ot10

5.CoordinatewithprefabricationCompaniesfortherestroombuildingsand shadestructures.

6.ConstructionDetailPreparationforallnewsiteelements.

7.CoordinationwithElectricalEngineerforaddedelectricalserviceand securitylightinglayout.

8.FinalIrrigationPlanPreparationforadditionallandscapedgardenareas(1” =20scale).

9.IrrigationDetailPreparation.

10.PlantingPlanPreparationincludingapossiblebutterflygardenanddrought tolerant/nativeplantingareas(1”=20scale).

11.PlantingDetailPreparation.

12.Construction,IrrigationandPlantingSpecifications.(bookform)

13.PreparationoffinalCostEstimate.

14.ProvideSoilsTestandSoilsManagementReport.

15.Material/FurnishingSelection.

16.PackageCoordination.

17.ClientProgressMeeting.(Twovirtualmeetingsincluded)

18.ProjectAdministration(PreparationofBi-WeeklyStatusReportandProject Scheduling).

19.AgencyPlanCheckCorrections.

20.ProjectAdministration.

21.TelephoneConsultation.

H.CivilEngineeringServicesforPhase2—Madole&Associates:

1.Coordinatewiththeaffectedutilitycompanieswithintheprojectlimitsas wellasadjacentAgenciesasnecessary.Citytoprovideaerialtopographic informationfor1/2-acreparceloffPalomarStreet.

2.PrepareStreetImprovementPlansforwideningandaccesstotheparkfrom PalomarStreet.

3.PrepareaGradingPlanfortheparkinglotareaoffPalomarStreetusingcity providedaerialtopographicinformation.

4.PrepareWaterandSewerUtilityServicePlansfromPalomarStreetfor restroombuilding.

5.PreparepossibleGiersonAvenueextensionstreetimprovementplans.

6.Prepareon-siteGradingPlansforpassivesiteimprovementsandpossible on-siteroadwayconnectiontoBillieAnnStreet,

7.PreparePhase2SWPPP,WQMP,anderosioncontroldocuments,ifneeded. 464
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I.PedestrianBridgeoverRCFCDChannelforPhase2(SeparatePackage):

1.Coordinatewithaprefabricationcompanyforthedevelopmentofaflood controlchannelpedestrianbridgecrossing.

2.PrepareTitlesheetandsitelocationplansforthenewpedestrianbridge usingCitystandardengineeringsheetformatandtitleblock(24”x36’).

3.PrepareConstructionDetailsandSpecificationsforthenewpedestrian bridge.(GeotechnicalandStructuralEngineeringnotincludedatthistime)

4.CoordinationwithRCFCDforpedestrianbridgecrossingatthefloodcontrol channel.(Madole).

J.ElectricalEngineeringServicesforPhase2-JCA:

1.ElectricalEngineeringPlansincludepreparingelectricalconstruction documentsreflectingelectricalservice,parkinglotlighting,securitylighting andpowerforrestrooms.

2.Arealightingphotometricilluminationdrawings,ifneeded.

3.Exteriortitle24energycalculations,ifneeded.

4.Electriccarchargerelectricalengineering,ifrequired.

5.Constructionadministration,ifneeded.

K.OptionalServicesforPhase1:

1.ResearchparcelmapsandprovideTopographicAerialandGroundSurvey at1’contourstoestablishprojectareapropertylines,channel,and centerline,rightofwayofsurroundingstreets(GiersonAvenue,BillieAnn Street)andfinishinAutoCADformatforbasepreparation.(Madole)

2.ProvideonsiteinspectionofexistingtreesandprovideanArboristReport givingageneraloverviewastotheircurrenthealthandconditionusing guidelinessetforthbytheInternationalSocietyofArboricultureandtheCity ofWildomar.(SteveF.Andresen)
DuringProjectsitevisitsADSwillgenerallyreviewtheprogressofconstructionandtosee oftheworkcompletedisgenerallyconsistentwiththeintentofADG’sConstruction Documents.AlthoughADGmayobserveandidentifypotentialproblems,thesevisitsare notconstructioninspectionsoraguaranteethattherewillnotbeconstruction deficiencies.

IftheScopeoftheProjectasoutlinedaboveischangedmaterially,theBasicFeeshall bechangedinthesameproportion.

FEESANDTERMS
Servicesdescribedaboveshallbeprovidedforinaccordancewiththetermsand conditionsinAppendixAattachedheretoandwhichisincorporatedandmadeapart ofthisAgreementbyreference.WeestimatethefollowingfeebreakdownbyPhase:
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A.ConceptualDesign:$22,175.00
B.ConstructionDocuments—Ph.1-ADG:$38,200.00
C.CivilEngineering—Ph.1—Madole:
•UtilityCoordination:$4,800.00
•StreetImprovementPlanGierson:$15,575.00
•SWPPP&ErosionControl:$4,550.00
D.ElectricalEngineeringCDs—Ph.1—JCA:$9,700.00
•PhotometricPlan:$650.00
•ExteriorTitle24:$650.00
•ConstructionAdministration:$1,000.00
E.BiddingAssistance—Ph.1$1,825.00
F.ConstructionAdministration—Ph.1$6,200.00
ProfessionalFeeforPhase1Total:$105,925.00
EstimatedReimbursableExpenseAllowance$2,000.00
EstimatedFeeTotal:$107,925.00
G.ConstructionDocuments—Ph.2-ADG:$82,800.00
H.CivilEngineering—Ph.2—Madole:
•StreetImprovementPlanPalomarStreet:$12,175.00
•GradingPlanPalomarStreet:$13,400.00
•Water&SewerUtilityPlansPalomarSt.:$10,525.00
•StreetImprovementPlanGiersan:$8,525.00
•GradingPlan&ConnectionBillieAnn:$34,650.00
•SWPPP&ErosionControlPlans:$4,500.00
•WQMP:$7,700.00
PedestrianBridge—Ph.2:$17,125.00
J.ElectricalEngineeringCD5—Ph.2—JCA:$24,700.00
•PhotometricPlan:$850.00
•ExteriorTitle24:$950.00
•ElectricCarCharger:$1,800.00
•ConstructionAdministration:$2,000.00
ProfessionalFeeforPhase2Total:$221,700.00
EstimatedReimbursableExpenseAllowance$2,000.00
EstimatedFeeTotal:$223,700.00
K.Phase1AdditionalOptionalItems
OptionalTopographicsurveyandbasemapping:$18,035.00
OptionalCertifiedArboristservices:$1,300.00

GENERALWORKPROGRAMANDTIMETABLE
ArchiterraDesignGrouphasincludedapreliminaryscheduleforcompletionofthis projectafterreceiptofNoticetoProceed.SeePreliminarySchedulepage.ADGshall renderitsservicesasexpeditiouslyasisconsistentwithprofessionalskillandcare.ADG 466
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shallnotberesponsiblefordelaysthatmayoccurduetocausesbeyondADG’s reasonablecontrol.

DESIGNAPPROVAL
Mr.JasonFaragisdesignatedasthepersonresponsiblefordesigndirectiontoADSfor thisprojectandhastheauthorityfordesignapproval.Intheeventthatthedesign,as approvedbyMr.Faragisrejectedbyothers,andredesignisrequired,suchredesignshall becompensatedasanAdditionalService.

DESIGNALTERNATIVES
ADSwilllimitthenumberofdesignalternativesprovidedunderthiscontracttotwo,upon whichtimethedesignwillbeconsideredComplete.

MEETINGSANDSITEVISITS
ThisAgreementincludesProfessionalServicetimeforuptofivemeetingsforcoordination withClient,andupto6sitevisit/constructionobservationmeetings(Phase1only), scheduledapproximatelyasfollows:

Pre-constructionMeeting1
Irrigation
Planting1
ApprovaltoBeginMaintenancePeriod1
AcceptancetoMaintenancePeriod1
PunchListCompletion1
Total6
AdditionalmeetingsshallbebilledasAdditionalServices.Travelexpensesshallbebilled asReimbursableExpenses.

OWNER’S/ARCHITECT’SRESPONSIBILITY
Clientshallprovidethefollowinginformation,documents,orservicesasrequiredfor performanceofthework.ADSisentitledtorelyupontheaccuracyandcompleteness ofsuchinformation,documents,andservices,andshallnotbeliableforerrorsor omissionstherein.ShouldADSberequiredtoprovideservicesinobtainingor coordinatingcompilationofanysuchinformation,drawings,orservicesshallbecharged asAdditionalServices.

1.Existingsiteengineeringandutilitybaseinformation.

2.EngineeringotherthanthatprovidedwithintheScopeofServices.

3.Agencyprocessingofcompletedplans.

4.Arborist’sReportifrequired.
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WewouldbepleasedtoansweranyquestionsyoumayhavetoClarifythevariouspoints above.Iftheproposalmeetswithyourapproval,pleasesignbelowwhereindicated andreturnonecopyforourfiles.Ilookforwardtoworkingwithyouonthisproject.

SincerelyYours,
ArchiterraDesignGroup,
President,CARLA#2834
Accepted:CityofWildomar
By:

Title:

Date:

Rici
468
Activity Name Start DateFinish Date
Jun 23 Jul 23 Aug 23 Sept 23 Oct 23 Nov 23Dec 23
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
CONCEPTUAL DESIGN 6/7/237/7/23
PROJECT KICK OFF MEETING6/7/236/7/23
SITE VISIT & FIELD INVENTORY6/7/236/12/23

PROJECT SCHEDULE

ARCHITERRA ACTIVITY

CONSULTANT ACTIVITY

AGENCY ACTIVITY

MEETING

SUBMITTAL
PROGRAM DEVELOPMENT6/7/236/12/23
BASE SHEET DEVELOPMENT DESIGN - 1 @ 50 SCALE 6/7/236/12/23 INFORMAL DESIGN TISSUE PLANS (2)6/12/236/19/23
PREPARE CLMP 6/26/237/7/23
PREPARE IMAGE BOARD6/26/237/7/23
PRELIMINARY COST ESTIMATE6/26/237/7/23
MEET WITH CLIENT (2 MEETINGS)6/19/237/7/236/19/23
6/19/237/7/236/27/23
PROJECT ADMINISTRATION6/8/236/27/23
TELEPHONE CONSULTATION6/9/236/27/23
CONSTRUCTION DOCUMENT - PHASE 16/26/238/11/23
PROJECT TITLE SHEET 7/7/237/13/23
CAD BASE SHEETS - 7 @ 20 SCALE7/10/237/13/23
GRADING & DRAINAGE PLAN COORDINATION6/26/237/26/23
SITE CLEARING PLANS 7/13/237/19/23
CONSTRUCTION PLANS 7/17/237/26/23
CONSTRUCTION DETAILS7/20/237/26/23
COORDINATION WITH ELECTRICAL ENGINEER6/26/237/26/23
IRRIGATION PLANS 7/17/237/26/23
IRRIGATION DETAILS 7/17/237/26/23
CONTROLLER CHARTS 7/17/237/26/23
PLANTING PLANS 7/17/237/27/23
PLANTING DETAILS 7/17/237/26/23
SPECIFICATIONS 7/17/237/27/23
COST ESTIMATE 7/17/237/27/23
SOILS TESTING 6/26/237/14/23
MATERIAL SELECTION 7/17/237/28/23
PACKAGE COORDINATION7/10/237/28/23
MEET WITH CLIENT (2) 7/27/237/28/237/27/238/4/23
PLAN CHECKING 7/24/238/4/23
PLAN CHECK CORRECTIONS8/4/238/11/23
PROJECT ADMINISTRATION6/26/238/11/23
TELEPHONE COORDINATION6/26/238/11/23
UTILITY RESEARCH 6/26/237/7/23
CIVIL ENGINEERING - PHASE 16/12/237/28/23
UTILITY COORDINATION6/12/237/3/23
PHASE 1 STREET IMPROVEMENT PLAN - GIERSON 6/26/237/28/23 PHASE 1 SWPPP AND EROSION CONTROL PLANS7/10/237/28/23
ELECTRICAL ENGINEERING - PHASE 16/12/237/28/23
PHASE 1 ELECTRICAL SERVICE AND PLANS6/12/237/28/23
BIDDING & AWARD - PHASE 18/7/239/1/23
BID FORM PREPARATION8/7/238/11/23
ATTEND PRE-BID MEETING ON SITE8/22/238/22/23
RESPOND TO BIDDER RFI8/14/239/1/23
REVIEW BIDS 9/1/239/1/23
CONSTRUCTION OBSERVATION - PHASE 19/11/2311/22/23
SITE MEETINGS (6) 9/13/239/26/2310/10/2310/24/2311/7/2311/21/23 9/13/239/26/2310/10/2310/24/2311/7/2311/21/23
OBSERVATION REPORTS (6)9/11/2311/21/23
REVIEW SUBMITTALS & RESPOND TO RFI9/11/2311/7/23
REVIEW FOR SUBSTANCIAL COMPLETION11/6/2311/22/23
ADMINISTRATION 9/11/2311/22/23
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PRELIMINARY SCHEDULE OF WORK20 ARCE PARKWILDOMAR, CA
469

AGREEMENT FOR SERVICES

By and Between

THE CITY OF WILDOMAR,
a municipal corporation

and

ARCHITERRA DESIGN GROUP, Inc.,
a California corporation
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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF WILDOMAR, CALIFORNIA
AND
ARCHITERRA DESIGN GROUP, INC.

This Agreement for Services (“Agreement”) is entered into as of this 12th day of July, 2023 by and between the City of Wildomar, a municipal corporation (“City”) and Architerra Design Group, Inc., a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by request for proposal the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a proposal and quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for two (2) years/ twenty-four (24) months commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services . Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
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(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement.

The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Forty-Three Thousand and Thirty Five dollars ($243,035), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agree ment. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub- Service Provider contracts. Sub- Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).

In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disput ed by City, City will use its best efforts to cause 472
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Service Provider to be paid within forty -five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be concl usive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed o r discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
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SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disburseme nts charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, metho ds, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, 474
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methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.

SECTION 9. STANDARD OF PERFORMANCE.

Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all t imes faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific sta ndard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officer s, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demoliti on, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, 475
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“construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ances try, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Service Provider will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such 476
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information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, em ployees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Service Provider for any damages, costs and fees , including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.

Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for 477
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which Service Provider is legally liable, including but not limited to officers, agents, employees or sub- contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub- contractors of Service Provider.
(c) I
ndemnification from Sub- Service Providers. Service Pro vider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section.
(d) Cit
y’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons 478
RIV #4814-7282-0706 v1 - 9 -

and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider s hall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffec tive, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however , that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub -contractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Prov ider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. T his final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notic e to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment 479
RIV #4814-7282-0706 v1 - 10 -

on the invoices. In the alternative, the City may, in its sole discretion, elec t to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, st ate or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595

To Service Provider: Architerra Design Group
Attn: Richard Krumwiede
10221-A Trademark St.

Rancho Cucamonga, CA 91730

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

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SECTION 25. AUTHORITY TO EXECUTE.

Each of th e 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 Part ies 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.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, incl uding amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. 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.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term , condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

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SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.

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CITY OF WILDOMAR
___________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk

APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney

ARCHITERRA DESIGN GROUP
By: By:

Richard Krumwiede
Its: President Its: ________________________
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
483

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
__________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
484

RIV #4814-7282-0706 v1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

485

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EXHIBIT "A"

SCOPE OF SERVICES

I. Service Provider will perform the following Services:

A. Per the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”

II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:

A. Per the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”

III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:

A. Per the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”

IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:

A. Per the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”

V. Service Provider will utilize the following personnel to accomplish the Services:

A. Per the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”

VI. Service Provider will utilize the following subcontractors to accomplish the Services:

A. Per the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”

486

ARCHTERRA

The20-acreparcelisborderedbyasinglelargeresidentialpropertytotheeast,Palomar Streettothesouth,thefloodcontrolchannel,andadjacentAnneSullivanPreschoolto thewest,andresidentialtrackhomestothenorth.

ConnectingvehicularandpedestrianaccesstoBillieAnnRoadwillrequiremoregrading tomakethetransitiondowntotheexistingparkgrades.

ARCHtTERRADESPGNGROUP.COM
10221-ATRADEMARKSTREETRANCHOCuCAMONGACA91730PHONE(909)484-2800EM(909)484-2802 CA#2834.AZ#29115.NV#446,OR#841NM,#538
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PerourdiscussionswiththeCityofWildomar,theparkimprovementsareenvisionedto bephased,However,ourconceptualdesignplanswilladdresstheultimate developmentoftheentireproperty.TheresultwillbeaConceptualLandscapeMaster Planforuseinpreparingconstructiondocumentpackages.

Ourelectricalengineer,JCAEngineering,willprepareelectricalplansforelectrical servicestothesite,securitylighting,restroomlightingandirrigationcontrollerpower.

Securitycameraequipmentwillbebyothers.

SCOPEOFSERVICES
ADGagreestoperformprofessionalservicesfortheClientassetforthbelowfortheBasic Feeasindicated:
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A.ConceptualDesign:

1.ProjectKick-OffteammeetingwithClienttointroducetheteam,discussthe projectgoals,designdirection,andschedules.Obtainallrelevant information,plansanddocuments.

2.SiteVisit/FieldInventorytoreview,documentandevaluateexisting conditions,opportunities,andconstraints.

3.CoordinatetheservicesofacertifiedarboristtoprepareanExistingtree evaluationreport.ThisislistedasanOptionalserviceunderitemK.

4.ProgramDevelopmentofpotentialitemstobeincludedintheoverall designplan.

5.BaseSheetDevelopment.Basedonthetopographicsurveyorsitegoogle mapimages,prepareanoveralldesignbasesheetat1’=50’scaleon30” x42”sheetsize.

7.Basedonthecitypreferencesoftheschematicdesigns,prepareone(1) ConceptualLandscapeMasterPlan(CLMP).Documentwillbecolor renderedwithlegendsofallproposedsiteelements,features,trees,shrubs.

8.Prepareanimageboardoftypicaldesignfeatureelements.

9.Preparationofbudgetaryestimateofprobableconstructioncostsbasedon theCLMP.

10.Client/designprogressreviewmeeting.(Twomeetingsincluded)

11.ProjectAdministration(Si-WeeklyStatusReportandProjectScheduling).

12.TelephoneConsultation.

B.ConstructionDocumentsforPhase1:

1.TitleSheetPreparation.

2.Aut0CADBaseSheetPreparation@1”=20’scale,on(24”x36”)sheet format,(7)sheetstotal.Basesheetswillbebasedonthetopographic surveyusingCitystandardengineeringsheetformatandtitleblock.

3.GradingcoordinationwithCivilEngineerforinitialgradingofsiteaccessoff GiersonStreetandlandscapeareas.GradingplansbyCivilEngineer.

4.UtilitycoordinationwithCivilEngineerforinitialwaterservicetositeoff GiersonStreet.UtilityplansbyCivilEngineer.

5.SiteClearingPlanpreparation.Basicsiteclearingofsurfacematerialand removalofdeadtreesand/ortreesconflictingwithaccesstothepark(1”= 20’scale).
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6.ConstructionPlanPreparationforlayoutanddetailingofsiteaccessoff GiersonStreet,basictraillayout,perimetersecurityfencing,andtemporary restroom(1”=20scale).

7.ConstructionDetailPreparationfornewsiteelements.

8.CoordinationwithElectricalEngineerforsiteelectricalserviceandsecurity lightinglayout.

9.Plantingplansforadditionaltrees.

10.InitialIrrigationPlanPreparationforexistingandnewtreeplanting(1”=20’ scale).

1.InitialIrrigationDetailPreparation.

12.Construction,Planting,andIrrigationSpecifications.(bookform)

13.PreparationoffinalCostEstimate.

14.ProvideSoilsTestandSoilsManagementReport.

15.Material/FurnishingSelection.

16.PackageCoordination.

17.ClientProgressMeeting.(Twovirtualmeetingsincluded)

18.ProjectAdministration(PreparationofBi-WeeklyStatusReportandProject Scheduling).

19.AgencyPlanCheckCorrections.

20.ProjectAdministration.

21.TelephoneConsultation.

C.CivilEngineeringServicesforPhase1—Madole&Associates:

2.Coordinatewiththeaffectedutilitycompanieswithintheprojectlimitsas wellasadjacentAgenciesasnecessary.

3.PrepareaPhase1StreetImprovementandGradingPlanforatemporary GiersanAvenueExtensionandonsiteparkingareaatnorthentrytopark.

4.PreparePhase1SWPPPanderosioncontroldocuments,ifneeded.

D.ElectricalEngineeringServicesforPhase1-JCA:

1.Electricalconstructiondocumentsreflectingnewmeteredservice,andnew areasecuritylighting.

2.Arealightingphotometricilluminationdrawings,ifneeded. 490
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3.Exteriortitle24energycalculations,ifneeded.

4.Constructionadministration,ifneeded.

E.BiddingAssistanceforPhase1:

1.Preparebidschedulewithlineitemsforclearing,grading,construction, irrigation,andplantingquantitytakeoffsandcosts.

2.Attendapre-bidmeeting.(1inperson).

3.Respondtobidder’srequestforinformation.

4.ReviewandevaluatecompletedbidscheduleswithClientandmake recommendationsinawardingconstructioncontract.

F.ConstructionAdministrationforPhase1:

1.Attendthepre-constructionmeetingandjob-sitemeetingsoverthecourse oftheconstructionschedule.(6visitstotal)

2.PreparationofsitereviewreportsforsubmittaltoClientforreview,and contractorforcorrection.(6reportstotal)

3.Review/approvesubmittalsandprovideresponsetocontractorsrequests forinformation(RFI)abouttheplansandspecificationsforwardedtothe ConsultantbytheCity.

4.Reviewsiteforcontractor’srequestforsubstantialcompletion.Prepare punchlistofitemsforcompletionand/orcorrection.

5.ProjectAdministration.

Thisscopeofservicesisbasedontheassumptionslistedintheprojectoverview.

G.ConstructionDocumentsforPhase2:

I.TitleSheetPreparation.

3.GradingcoordinationwithCivilEngineerforfinalgradingoflandscape areas.FinalgradingplansbyCivilEngineer.

5.CoordinatewithprefabricationCompaniesfortherestroombuildingsand shadestructures.

6.ConstructionDetailPreparationforallnewsiteelements.

7.CoordinationwithElectricalEngineerforaddedelectricalserviceand securitylightinglayout.

8.FinalIrrigationPlanPreparationforadditionallandscapedgardenareas(1” =20scale).

9.IrrigationDetailPreparation.

10.PlantingPlanPreparationincludingapossiblebutterflygardenanddrought tolerant/nativeplantingareas(1”=20scale).

11.PlantingDetailPreparation.

12.Construction,IrrigationandPlantingSpecifications.(bookform)

13.PreparationoffinalCostEstimate.

14.ProvideSoilsTestandSoilsManagementReport.

15.Material/FurnishingSelection.

16.PackageCoordination.

17.ClientProgressMeeting.(Twovirtualmeetingsincluded)

18.ProjectAdministration(PreparationofBi-WeeklyStatusReportandProject Scheduling).

19.AgencyPlanCheckCorrections.

20.ProjectAdministration.

21.TelephoneConsultation.

H.CivilEngineeringServicesforPhase2—Madole&Associates:

1.Coordinatewiththeaffectedutilitycompanieswithintheprojectlimitsas wellasadjacentAgenciesasnecessary.Citytoprovideaerialtopographic informationfor1/2-acreparceloffPalomarStreet.

2.PrepareStreetImprovementPlansforwideningandaccesstotheparkfrom PalomarStreet.

3.PrepareaGradingPlanfortheparkinglotareaoffPalomarStreetusingcity providedaerialtopographicinformation.

4.PrepareWaterandSewerUtilityServicePlansfromPalomarStreetfor restroombuilding.

5.PreparepossibleGiersonAvenueextensionstreetimprovementplans.

6.Prepareon-siteGradingPlansforpassivesiteimprovementsandpossible on-siteroadwayconnectiontoBillieAnnStreet,

7.PreparePhase2SWPPP,WQMP,anderosioncontroldocuments,ifneeded. 492
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I.PedestrianBridgeoverRCFCDChannelforPhase2(SeparatePackage):

1.Coordinatewithaprefabricationcompanyforthedevelopmentofaflood controlchannelpedestrianbridgecrossing.

2.PrepareTitlesheetandsitelocationplansforthenewpedestrianbridge usingCitystandardengineeringsheetformatandtitleblock(24”x36’).

3.PrepareConstructionDetailsandSpecificationsforthenewpedestrian bridge.(GeotechnicalandStructuralEngineeringnotincludedatthistime)

4.CoordinationwithRCFCDforpedestrianbridgecrossingatthefloodcontrol channel.(Madole).

J.ElectricalEngineeringServicesforPhase2-JCA:

1.ElectricalEngineeringPlansincludepreparingelectricalconstruction documentsreflectingelectricalservice,parkinglotlighting,securitylighting andpowerforrestrooms.

2.Arealightingphotometricilluminationdrawings,ifneeded.

3.Exteriortitle24energycalculations,ifneeded.

4.Electriccarchargerelectricalengineering,ifrequired.

5.Constructionadministration,ifneeded.

K.OptionalServicesforPhase1:

IftheScopeoftheProjectasoutlinedaboveischangedmaterially,theBasicFeeshall bechangedinthesameproportion.

FEESANDTERMS
Servicesdescribedaboveshallbeprovidedforinaccordancewiththetermsand conditionsinAppendixAattachedheretoandwhichisincorporatedandmadeapart ofthisAgreementbyreference.WeestimatethefollowingfeebreakdownbyPhase:
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A.ConceptualDesign:$22,175.00
B.ConstructionDocuments—Ph.1-ADG:$38,200.00
C.CivilEngineering—Ph.1—Madole:
•UtilityCoordination:$4,800.00
•StreetImprovementPlanGierson:$15,575.00
•SWPPP&ErosionControl:$4,550.00
D.ElectricalEngineeringCDs—Ph.1—JCA:$9,700.00
•PhotometricPlan:$650.00
•ExteriorTitle24:$650.00
•ConstructionAdministration:$1,000.00
E.BiddingAssistance—Ph.1$1,825.00
F.ConstructionAdministration—Ph.1$6,200.00
ProfessionalFeeforPhase1Total:$105,925.00
EstimatedReimbursableExpenseAllowance$2,000.00
EstimatedFeeTotal:$107,925.00
G.ConstructionDocuments—Ph.2-ADG:$82,800.00
H.CivilEngineering—Ph.2—Madole:
•StreetImprovementPlanPalomarStreet:$12,175.00
•GradingPlanPalomarStreet:$13,400.00
•Water&SewerUtilityPlansPalomarSt.:$10,525.00
•StreetImprovementPlanGiersan:$8,525.00
•GradingPlan&ConnectionBillieAnn:$34,650.00
•SWPPP&ErosionControlPlans:$4,500.00
•WQMP:$7,700.00
PedestrianBridge—Ph.2:$17,125.00
J.ElectricalEngineeringCD5—Ph.2—JCA:$24,700.00
•PhotometricPlan:$850.00
•ExteriorTitle24:$950.00
•ElectricCarCharger:$1,800.00
•ConstructionAdministration:$2,000.00
ProfessionalFeeforPhase2Total:$221,700.00
EstimatedReimbursableExpenseAllowance$2,000.00
EstimatedFeeTotal:$223,700.00
K.Phase1AdditionalOptionalItems
OptionalTopographicsurveyandbasemapping:$18,035.00
OptionalCertifiedArboristservices:$1,300.00

GENERALWORKPROGRAMANDTIMETABLE
ArchiterraDesignGrouphasincludedapreliminaryscheduleforcompletionofthis projectafterreceiptofNoticetoProceed.SeePreliminarySchedulepage.ADGshall renderitsservicesasexpeditiouslyasisconsistentwithprofessionalskillandcare.ADG 494
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shallnotberesponsiblefordelaysthatmayoccurduetocausesbeyondADG’s reasonablecontrol.

DESIGNALTERNATIVES
ADSwilllimitthenumberofdesignalternativesprovidedunderthiscontracttotwo,upon whichtimethedesignwillbeconsideredComplete.

1.Existingsiteengineeringandutilitybaseinformation.

2.EngineeringotherthanthatprovidedwithintheScopeofServices.

3.Agencyprocessingofcompletedplans.

4.Arborist’sReportifrequired.
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WewouldbepleasedtoansweranyquestionsyoumayhavetoClarifythevariouspoints above.Iftheproposalmeetswithyourapproval,pleasesignbelowwhereindicated andreturnonecopyforourfiles.Ilookforwardtoworkingwithyouonthisproject.

SincerelyYours,
ArchiterraDesignGroup,
President,CARLA#2834
Accepted:CityofWildomar
By:

Title:

Date:

Rici
496
Activity Name Start DateFinish Date
Jun 23 Jul 23 Aug 23 Sept 23 Oct 23 Nov 23Dec 23
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
CONCEPTUAL DESIGN 6/7/237/7/23
PROJECT KICK OFF MEETING6/7/236/7/23
SITE VISIT & FIELD INVENTORY6/7/236/12/23

PROJECT SCHEDULE

ARCHITERRA ACTIVITY

CONSULTANT ACTIVITY

AGENCY ACTIVITY

MEETING

RIV #4814-7282-0706 v1
B-1
EXHIBIT "B"

COMPENSATION

I. Service Provider shall use the following rates of pay in the performance of the Services:

A. Per the “Scope of Services”

II. Service Provider may utilize sub-contractors as indicated in this Agreement.

The rate for any subcontractor shall be per the “Scope of Services”.

IV. The total compensation for the Services shall not exceed $245,035, as provided in Section 4 “Compensation and Method of Payment” of this Agreement. 498

RIV #4814-7282-0706 v1
Exhibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of w ork. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.

If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shal l be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
499

RIV #4814-7282-0706 v1
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider ’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

Notice of Cancellation
Service Provider 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, Service Provider shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The 500

RIV #4814-7282-0706 v1
policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwi se acceptable to the City.

Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Ser vice Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirement s stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.1
Meeting Date: July 12, 2023
SUBJECT:

Zoning Ordinance No. 2023-03 (ADU Update)
SUBMITTED BY:

Matthew Bassi
PREPARED BY:

Matthew Bassi

ACTION:

1. Determine that Zoning Ordinance Amendment No. 2023-03 meets the findings for an CEQA Exemption pursuant to California Public resources Code Section 21080.17; and

2. Introduce and Approve for First Reading an Ordinance entitled:

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNICL OF THE CITY OF WILDOMAR, CALIFORNIA,

ADOPTING A CEQA EXEMPTION PURSUANT TO CALIFORNIA PUBLIC RESOURCE CODE SECTION 21080.17 AND APPROVING ZONING ORDINANCE AMENDMENT NO. 2023-03 AMENDING CHAPTER 17.204 OF THE WILDOMAR MUNICIPAL CODE

REGARDING ACCESSORY DWELLING UNITS
SUMMARY:

Zoning Ordinance Amendment No. 2023-03 is a proposal to amend Chapter 17.204 of the Wildomar Municipal Code regarding Accessory Dwelling Units (“ADUs”) to address recent state law changes. The Planning Commission reviewed Zoning Ordinance Amendment No. 2023-03 at its June 7, 2023 meeting, and there were no speakers for or against the proposed code amendment. After Commission deliberation, the Commission voted 5 - 0 to adopt PC Resolution No. 2023-15 recommending City Council approval of Zoning Ordinance Amendment No. 2023-03.

DISCUSSION:

New state legislation intended to increase production of accessory dwelling units necessitates the City to update its zoning regulations. Assembly Bill (AB) 2221 and Senate Bill (SB) 897, which both took effect on January 1, 2023, include numerous changes to the state ADU laws.

Copies of both AB 2221 and SB 897 are attached hereto as Attachment B & C. The changes 502
proposed by the new state laws include an increase to the maximum building height limit and a number of technical changes intended to make ADU's easier to build.

Types of Accessory Dwelling Units Allowed:

The City allows for two different types of ADU's: Standard ADU's and Junior ADU's. An ADU is defined as an attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. JADU’s are units with no more than 500 square feet and contained entirely within the structure of an existing or proposed single residential unit. ADU's are allowed in any zone that allows residential use on a lot developed or proposed to be developed with one or more residential unit(s). Since January 2020, the City has received a total of
23 ADU
applications. Of these,
12 ADU's
are in the building permit review process
phase,
7 ADU's
are currently under construction,
4 ADU's
have received a certificate of
occupancy, and
0 ADU's
have been denied, expired, or withdrawn.

Proposed Code Amendment:

As mentioned above, AB 2221 and SB 897 places further limits on a local jurisdiction’s ability to regulate ADU’s and JADU’s. The recommended revisions to Chapter 17.204 would ensure consistency with the following new requirements being imposed:

• City May only impose objective standards on all ADU’s. • The maximum height limitations will vary depending on the type of ADU:
o A detached ADU that is on a lot with a single family or multifamily dwelling may be up to 18 feet in height by right, and the ADU may be up to two feet taller (for a maximum of 20 feet) if necessary to match the rood pitch of the ADU to that of the main house. o If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height.
o An attached ADU may now be up to 25 feet high or as high as allowed for a primary dwelling under the underlying zone, whichever is lower.

• An ADU up to 800 square feet can be constructed in the street yard setback if it is determined by the City that an 800 square foot ADU cannot be constructed anywhere else on the property and outside of the 4 foot side and rear setbacks.

• Construction of an ADU is prohibited from triggering a requirement that fire sprinklers be installed in any existing primary dwelling.

• If the City denies an ADU application, the City must notify the applicant in writing and provide a full set of comments with a list of items that are defective or deficient and a description of how the application can be remedied, within 60 days of receiving a complete 503
application.

• ADU’s can be sold separately if the following conditions are met:
o The property was built or developed by a qualified nonprofit corporation. A "qualified nonprofit corporation" is a nonprofit corporation organized pursuant to Internal Revenue Code section 501(c)(3) that has received a welfare exemption under Revenue and Taxation Code (RTC) section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
o There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in RTC section 402.1(a)(10). A “qualified buyer” means persons and families of low or moderate income, as defined by Health and Safety Code section 50093. o The property is held pursuant to a recorded tenancy in common agreement.

City staff, with the assistance of the City Attorney’s Office has drafted recommended revisions to Chapter 17.204 Wildomar Municipal Code. The recommended revisions are provided in strikethrough format in Attachment A, Exhibit 1.

Findings of Fact – ZOA NO. 2023-03:

In accordance with the provisions of Chapter 17.280 of the Zoning Ordinance, the following finding is presented to City Council for consideration in support of the Zoning Ordinance Amendment No. 2023-03.

A. The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance.

Evidence.

The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance in that the proposed amendment addresses recent state law changes that better facilitate the development of Accessory Dwelling Units in Residential zones. The changes proposed by the new state laws include an increase to the maximum building height limit and a number of technical changes intended to make ADU’s easier to build. Further, the proposed revision to the Zoning Ordinance is consistent with and, will further the goals and policies of General Plan Housing Element by providing greater opportunity for ADU’s to be constructed.

Public Noticing:

In accordance with California Government Code, Section 65800, et seq. and Chapter

17.04.050 of the Wildomar Municipal Code, the Planning Department, on June 30, 2023, published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the City Council hearing set for July 12, 2023 regarding Zoning Ordinance Amendment No. 2023-03.

FISCAL IMPACT:

None.
504

ATTACHMENTS:

Attach A - Council Ordinance for ZOA 2023-03.pdf
Attach B - AB 2221 Bill Text - ADUs.pdf
Attach C - SB 897 Bill Text ADUs-JADUs.pdf
505

ATTACHMENT A

Draft City Council Ordinance
for ZOA No. 2023-03

506
DRAFT ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, FINDING THAT ZONING
ORDINANCE AMENDMENT NO. 2023 -03 IS EXEMPT

FROM CEQA REVIEW PURSUANT TO PUBLIC
RESOURCE CODE SECTION 21080.17 AND APPROVING
AN AMENDMENT TO CHAPTER 17.204 OF THE

WILDOMAR MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS ZOA NO. 2023-03.

WHEREAS, California state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADU”) and junior accessory dwelling units (“JADU”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that has amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADU’s and JADU’s; and
WHEREAS, Senate Bill 897 (SB 897) and Assembly Bill (AB 2221) were signed by the Governor on September 28, 2022, and became effective January 1, 2023 imposing additional regulations for ADU’s and JADU’s; and
WHEREAS, in accordance with Section 17.280 of the Wildomar Municipal Code, the City Council, upon recommendation from the Planning Commission, as the authority to take action on Zoning Ordinance Amendment No. 2023-03; and WHEREAS, in accordance with the Wildomar Municipal Code, the Planning Department on June 30, 2023 published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of a public hearing before the City Council scheduled for July 12, 2023 to consider Zoning Ordinance Amendment No. 2023-03; and
WHEREAS, in accordance with California Government Code, Section 65800, et seq.) and Chapter 17.04.050 of the Wildomar Municipal Code, the City Council conducted the duly noticed public hearing on July 12, 2023 to consider Zoning Ordinance Amendment No. 2023-03, at which time interested persons had an opportunity to testify in support of, or opposition to the proposed code amendment, and at which time the Planning Commission received public testimony and has made a recommendation to the City Council regarding said amendment.

THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:

507
SECTION 1. ENVIRONMENTAL DETERMINATION.

Under California Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 and 65852.22 of the Government Code, which is the State Accessory Dwelling Unit law. Therefore, the City Council hereby finds that approval of Zoning Ordinance Amendment No. 2023- 03 does not require CEQA review.

SECTION 2. REQUIRED ZOA FINDING.

In accordance with the provisions of Chapter 17.280 of the Zoning Ordinance, the City Council hereby makes the following finding in support of approving Zoning Ordinance Amendment No. 2023-03.

A. The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance.

Evidence: The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance in that the proposed amendment establishes revised procedural requirements for permitting Accessory Dwelling Units (ADU’s) in residential zones in compliance with Sections 65852.2 and 65852.22 of the Government Code. ADU’s are defined as a single family residential use which is allowed in residential zones and will comply with the development standards set forth herein. Further, construction of an ADU will meet many of the goals and polices of the Housing Element as it provides for affordable rental housing alternatives, and will not impact the public health, safety and general welfare of the residents of Wildomar.

SECTION 3. A

MENDMENT TO THE WILDOMAR MUNICIPAL CODE
Chapter 17.204 of the Wildomar Municipal Code is amended in its entirety to read as shown on Exhibit “1” attached hereto.

SECTION 4. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

508
SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or , to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).

INTRODUCED AND APPROVED FOR FIRST READING this 12th, day of July, 2023.

___________________________
Joseph Morabito
Mayor

APPROVED AS TO FORM: ATTEST:

____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk

509
EXHIBIT 1

(redline italic version reflects changes to code sections)

Chapter 17.204 ACCESSORY DWELLING UNITS

17.204.010 Applicability.

Accessory dwelling units (as defined by Government Code Section 65852.2), including junior accessory dwelling units (as defined by Government Code Section 65852.22), shall be a permitted use on all lots in single-family and multifamily residential zones, provided the accessory dwelling unit complies with the development standards of this chapter.

Accessory dwelling units shall be constructed in complianc e with the City’s single-family and multi -family residential objective design standards and guidelines. Accessory dwelling units may be attached to, or located within a proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, (referred to herein as an “attached” accessory dwelling unit) or may be detached from the proposed or existing primary dwelling (referred to herein as a “detached” accessory dwelling unit). Accessory dwelling units must be on the same lot as the proposed or existing primary dwelling.

17.204.020 Building Permits required for construction.

A. An accessory dwelling unit shall be constructed without first obtaining a building permit from the building official.

B. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

17.204.030 Application.

An application for an accessory dwelling unit permit shall be made in writing to the Building Official on forms provided by the Building Department, and shall be accompanied by a minor plot plan and filing fee as set forth in Chapter 3.44 of the Wildomar Municipal Code. The Building Official shall distribute the application and plot plan to the Planning and Engineering departments for review. The plot plan shall include the following information:

A. Name and address of the applicant and the name and address of the property owner, if different. If a junior accessory dwelling unit is proposed, evidence that the premises upon which the accessory dwelling unit is proposed is owner-occupied shall also be provided.

B. Assessor’s parcel number of premises upon which the accessory dwelling unit is proposed.
510
C. Sufficient detail clearly describing the following:

1. Physical dimensions of property;

2. Location and dimensions of all existing and proposed structures;

3. Location and dimensions of all easements, wells, septic tanks, leach lines, existing seepage pits, drainage structures and utilities;

4. Location, dimensions and names of all clear adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters and curb cuts;

5. Setbacks from all property lines;

6. Methods of cir culation, including ingress and egress, access, yards, drives, parking areas, landscaping, walls or fences; and

7. Topography of the property.

D. A description of walls, landscaping, architectural treatments and other methods which will be used to ensure that the accessory dwelling unit will be compatible with the neighborhood.

E. A written statement as to whether the accessory dwelling unit shall be used for family members or for rental purposes.

F. Such additional information as shall be required by the Buil ding Official to make an appropriate determination regarding issuance or denial of the application.

17.204.040 Development standards for accessory dwelling units.

Except as provided in Section 17.204.060, accessory dwelling units must comply with the following development standards:

A. An accessory dwelling unit shall only be permitted in residential zones and on a lot with an existing or proposed single-family or multifamily residence, and comply with the following setback standards:

1. A minimum distance of 10 feet shall be maintained between an accessory dwelling unit and any other structure on the lot.

2. The following minimum setbacks shall be met for lots two acres or smaller:
a. The minimum front yard setback shall be 20 feet.
b. The minimum side yard setback shall be four (4) feet. c. The minimum rear yard setback shall be four (4) feet. d. The maximum building height shall be 25 feet.

511

3. The following minimum setbacks shall be met for lots two acres or greater:
a. The minimum front yard setback shall be 20 feet.
b. The minimum side yard setback shall be four (4) feet. c. The minimum rear yard setback shall be four (4) feet. d. The maximum building height shall be 25 feet.

4. An existing garage or other accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit is not subject to these setback requirements. This shall also apply when the existing accessory structure is demolished an accessory dwelling unit is constructed in the same location and to the same dimensions as the demolished structure.

5. An accessory dwelling unit up to 800 square feet may be constructed in the street yard setback if it is determined by the Building Official that an 800 square foot accessory dwelling unit cannot be cons tructed anywhere else on the property and outside of the 4 foot side and rear setbacks.

B. The size of a detached accessory dwelling unit shall be a maximum of 1,200 square feet in size.

C. Where an attached accessory dwelling unit is proposed for an existing primary dwelling unit, the total floor area of the attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling.

D. An accessory dwelling unit shall comply with the following parking standards regardless of the zone district:

1. One off -street parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to any existing off-street parking.

2. The parking space may match the existing parking surface of the principal dwelling unit.

3. Off-street parking shall be provided in front of the accessory dwelling unit which may be in the rear yard setback area and/or through tandem parking, unless parking in these areas is not feasible based upon specific site, topographical or fire safety conditions.

4. If a garage or covered carport is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit, no replacement off -street parking is required to be provided for those spaces.

5. The parking standards in subsections (D)(1) through (4) above shall not apply in any of the following instances:
a. The accessory dwelling unit is located within one-half mile of public transit; 512
b. The accessory dwelling unit is located within a State or locally designated historic district;
c. The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure;
d. When on- street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
e. When there is a “car -share vehicle” located within one block of the accessory dwelling unit.

E. The proposed accessory dwelling unit shall be subject to the City’s development impact fees for single- family residential units if it is 750 square feet or larger.

However, development impact fees for accessory dwelling units that are 750 square feet or larger shall be charged proportionately in relation to the square footage of the primary dwelling unit.

Construction of an accessory dwelling unit shall not require that fire sprinklers be installed in any existing primary dwelling.

G. The architectural design of the accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material.

H. The accessory dwelling unit may be rented separate from the primary residence. , but shall not be sold or otherwise conveyed as a separate unit from the primary residence Except as otherwise provided in Government Code Section 65852.26, no ADU may be sold or otherwise conveyed separately from the primary residence.

I. The lot on which an accessory dwelling unit is located shall have an existing or proposed one-family detached dwelling unit on the premises.

J. An attached accessory dwelling unit shall have an independent exterior access separate from the primary dwelling unit, and cannot be accessed from the interior of the primary dwelling unit.

K. A detached accessory dwelling unit may be located in front of the primary dwelling unit if it is compatible with the neighborhood, provided it maintains a minimum front setback of 20 feet, and only where the placement of the accessory dwelling unit at the rear or side portion of the lot would be impractical due to the location of the of the primary dwelling unit or topography of the site.

L. Any accessory dwelling unit placed more than 150 feet from a public right -of-way shall be required to provide “all-weather access” for emergency vehicles as required by the Riverside County Fire Department.

M. An accessory dwelling unit shall comply with the health requirements for water and sewerage as required by the appropriate agency. An applicant shall also be required to provide verification from the appropriate water and sewerage district that their requirements have been complied with prior to the issuance of building permits. 513
N. An applicant for an accessory dwelling unit shall be required to provide a will -serve letter from the applicable water agency stating that the appropriate water and sewerage availability and capacity exists for the unit.

17.204.050 Supplemental development standards for junior accessory dwelling units.

Junior accessory dwelling units must comply with the following standards in addition to the standards in Section 17.204.040. To the extent there is any conflict between the standards in Section 17.204.040 and the standards in this section, this section shall take precedence.

A. One junior accessory dwelling unit may be permitted per lot not to exceed 500 square feet in size. The lot must be zoned for single-family residences and a single- family residence must exist or be proposed for the lot.

B. A lot with a junior accessory dwelling unit must be owner-occupied. The owner may live in either the junior accessory dwelling unit or the primary residence. This requirement shall not apply if the owner is another governmental agency, a land trust, or a housing corporation.

C. A deed restriction that runs with the land must be recorded and a copy filed with the City that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than 500 square feet.

D. A junior accessory dwelling unit must be constructed within the walls of a proposed or existing single-family residence.

E. A junior accessory dwelling unit must have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling unit, and cannot be accessed from the interior of the primary dwelling unit.

F. A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facili ties with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

G. The provision of additional off -street parking is not required for a junior accessory dwelling unit.

17.204.060 Exceptions.

The City shall ministerially approve an application for a building permit for an accessory dwelling unit that meets any of the following criteria outlined below without requiring an accessory dwelling unit permit or applying the standards contained in Section 17.204.040.

A. One accessory dwelling unit or junior accessory dwelling unit per lot that is within the proposed space of a single- family dwelling or existing space of a single- family dwelling or existing accessory structure if the following standards are met:
514

1. For units proposed with an existing dwelling or accessory structure, there is no expansion of the physical dimensions of the existing structure, except that an expansion of up to 150 square feet may be included solely for the purpose of accommodating ingress and egress.

2. The accessory dwelling unit has independent exterior access.

3. The side and rear setbacks are sufficient for fire and safety.

4. For junior accessory dwelling units, it complies with the requirements of Section 17.204.050.

B. One detached new construction accessory dwelling unit per lot with a proposed or existing single-family dwelling if the following standards are met:

1. The side and rear setbacks are at least four feet.

2. The total square footage of the accessory dwelling unit is no more than 800 square feet.

3. The height of the unit is no more than 16 feet if the primary dwelling is less than 16 feet high.

4. The unit on a lot within ½ mile of a major transit stop or a high- quality transit corridor, as those terms are defined in Public Resources Code Section 21155, may be up to 18 feet high. An additional 2 feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

5. The unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories.

6. The existing or proposed single-family dwelling on the lot may contain a junior accessory dwelling unit that complies with subsection A of this section, but it may not contain an accessory dwelling unit that does not qualify as a junior accessory dwelling unit.

C. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings, provided that the total number of accessory dwelling units permitted by this subsection does not exceed 25% of the existing multi-family dwelling units.

D. Two detached accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, provided that the units are no higher than 16 feet and meet a four-foot rear and side yard setback.

17.204.070 Prohibited areas.

An accessory dwelling unit shall not be permitted in those areas of the City which have significant problems with regard to water availability or water quality, sewage disposal or other public health or safety concerns. The prohibited areas include, but are not limited 515
to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose a development moratorium.

17.204.080 Notice of decision.

A. Upon acceptance of an accessory dwelling unit application for a lot where there is an existing or proposed single-family or multifamily dwelling, the Building Official shall review, approve an application, and issue a building permit for an ac cessory dwelling unit within 60 days after receiving a complete application provided all applicable requirements of this chapter have been met.

B. The Building Official may deny the application for an accessory dwelling unit at the end of 60 days if the a pplicant has not met the requirements of this chapter. If the Building Official denies an application for an accessory dwelling unit permit the Building Official shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied.

C. An application for an accessory dwelling unit permit and/or a building permit for an accessory dwelling unit where there is no existing single- family dwelling shall be approved or denied concurrently with the permit application to create the new single- family dwelling.

17.204.110 Exception.

Pursuant to the authority provided by Section 65852.21(f) of the Government Code, notwithstanding any other provision in this chapter, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single- family zoning district if:
(1) an urban lot split has been approved for the lot pursuant to Chapter 16.72 herein; and (2) a two unit development has been approved for construction on the lot pursuant to Chapter 17.320 herein.

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5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 1/15 SHARE THIS:

Date Published: 09/29/2022 02:00 PM
AB-2221 Accessory dwelling units. (2021-2022)
Assembly Bill No. 2221
CHAPTER 650
An act to repeal and amend Section 65852.2 of the Government Code, relating to land use. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2221, Quirk-Silva. Accessory dwelling units.

The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.

Existing law requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes.

This bill would require a permitting agency to approve or deny an application to serve an accessory dwelling unit or a junior accessory dwelling unit within the same timeframes. If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit, the bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within the same timeframes. The bill would define “permitting agency” for its purposes.

Existing law authorizes a local agency to establish minimum and maximum unit size requirements for attached and detached accessory dwelling units, subject to certain exceptions, including that a local agency is prohibited from establishing limits on lot coverage, floor area ratio, open space, and minimum lot size, that do not permit the construction of at least an 800 square foot accessory dwelling unit, as specified.

This bill would additionally prohibit a local agency from establishing limits on front setbacks, as described above.

This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 897 to be operative only if this bill and SB 897 are enacted and this bill is enacted last.

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5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 2/15 By imposing additional duties on local governments in the administration of the development of accessory dwelling units, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate. 518
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 3/15 (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall approve or deny an application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation or service of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(6) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
519
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 4/15 (7) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory 520
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 5/15 dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. 521
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 6/15 (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. 522 5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 7/15 (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(11) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), 523
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 8/15 a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 1.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit 524
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 9/15 could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary 525
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 10/15 processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multi-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
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5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 11/15 (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
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5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 12/15 (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). 528
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 13/15 (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
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5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 14/15 (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. 530
5/24/23, 9:36 PM Bill Text - AB-2221 Accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221 15/15 (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.

SEC. 3. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Senate Bill 897. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Senate Bill 897, in which case Section 1 of this bill shall not become operative.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 1/20 SHARE THIS:

Date Published: 09/29/2022 02:00 PM
SB-897 Accessory dwelling units: junior accessory dwelling units. (2021-2022) Senate Bill No. 897
CHAPTER 664
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use.
[ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 897, Wieckowski. Accessory dwelling units: junior accessory dwelling units. (1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit.

This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified.

Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.

This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 532
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 2/20 height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified.

Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence.

This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary dwelling.

Existing law provides that a local agency must ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet.

Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within 1/2-mile walking distance of public transit.

This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements.

Existing law, when a local agency has not adopted an ordinance governing accessory dwelling units, requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes.

This bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, if the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit.
(2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.

This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.
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5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 3/20 (3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law.
(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.

This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified. (5) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 2221 to be operative only if this bill and AB 2221 are enacted and this bill is enacted last. (6) By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following:
(a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units.
(b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. 534
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 4/20 (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall 535 5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 5/20 either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single- family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create 536
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 6/20 or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. 537
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 7/20 (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming 538 5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 8/20 zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
539
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 9/20 (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
540
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 10/20 (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

Wildomar City CouncilJuly 12, 2023

Wildomar City Council
July 12, 2023