Loading...
HomeMy WebLinkAboutItem No. 06 - Approval of Final Map No. 28214-9 Alberhill Ranch City of Lake Elsinore 130 South Main Street Lake Elsinore,CA 92530 CITY OF ,cam LADELSIIYOIZE www.lake-elsinore.org DREAM City Council Agenda Report File Number: ID#21-401 Agenda Date: 11/9/2021 Version: 1 Status:Approval Final In Control: City Council/Successor Aqency File Type: Council Consent Calendar Agenda Number: 6) Approval of Final Map No. 28214-9 (Alberhill Ranch) 1. Approve Final Map No. 28214-9 subject to the City Engineer's acceptance as being true and correct; 2. Authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 28214-9; and 3. Authorize the City Manager to execute improvement and monumentation agreements in such final form as approved by the City Engineer and City Attorney. City of Lake Elsinore Page 1 Printed on 111412021 CITY OF LADE LSIf10RE DREAM EXTREME, REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Remon Habib, City Engineer Date: November 9, 2021 Subject: Approval of Final Map No. 28214-9 (Alberhill Ranch) Recommendations 1. Approve Final Map No. 28214-9 subject to the City Engineer's acceptance as being true and correct; 2. Authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 28214-9; and 3. Authorize the City Manager to execute improvement and monumentation agreements in such final form as approved by the City Engineer and City Attorney. Background The proposed Final Map No. 28214-9 is located at the westerly of Terra Cotta Road and Nichols Road. It consists of 134.06 acres. Included are 344 residential lots and 55 lettered lots with streets dedicated to the public for street and public utility purposes. The average lot size is 9,600 square feet, with the smallest being 6,039 square feet. All future public improvements have been secured and include, in addition to the construction of streets and storm drains, the installation of the water quality basins located east of Terra Cotta Road. Discussion Per the Subdivision Map Act section 66474.1, the Final Map has been reviewed and it has been determined that it is in substantial conformance to the previously approved Tentative Tract Map No. 28214-9. All Conditions of Approval relative to the Final Map approval have been completed. Fiscal Impact Public improvements are to be constructed by the developer. The surety posted is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents. Exhibits Final Map No 28214-9 November 9, 2021 Page 2of2 A - Final Index Map B - Vicinity Map C - Construction Agreements D - Monumentation Agreement .62 m z z c, 0 0 :11 z C)m m Z�X� .�l cj TAMARIND RIDGE m CD 0 to I > m -7 7 Z 7 Z Z 7 7 Z -7 71 Z 7� 0 - - 4- r Z_ x;- S. m oi Q �5pl ', :�, &� iz -J, U I Lo 4�- C? m f 0, Ls Z2 41 U D, Ej, u I cr- cl -r- 10 C �? e r rr C-T L b r II r —7700,07�i r �'[�-, , I I-" —r X.-r- cj Li- 4- 'J. c, cn L:7, L) cn J. cA 0 li U:� C,J 2 M CC, .. 1,3r co c� .3.i _7'. 'J�l CD UL; c, 7"� 47� Cr �x: c, C/") SA c� 4L. n -7) C�l U 'T, �10 -4 -z, CY) CD (I-, 'cJ 4-,; 71 cm rm CD L., 71 m sz: Qp ! cl. rl- Q� 5-1� C-) cl, Qv c� Qll Q� cn cf-) LIV -..]D -V :�Q LT Lr, 1!, 6 cn -73 c", M D� m C75 m a5 -M. rm 1-n rn C, -_n M. m rY] -31 j-5, rn > ,j C-T u < �lj j, --L- f zi m 90 1 m m m 2zC) 0 0 C 0 m > CP m OD C) 00 aj a 4� m co Ul U, CF] > r%j Ln 4� 0 co r- CP NJ UQ co cc Ln co -Z ca on- r".1 ;ro f-� U� rQ -q m C:> 00 < OD CP N�� M c Z m 1010 NJ CA 0 C) M 0 > rn PO m Plj t,' fllj 1. co cb A1�0 L4 cp 0 --4 N.) co 1. 0 0 > CD 0 CD 0 C) c. 0 > IM N NO z M ❑ C) cn z rlj -4 cn < cn cc 4�- co .01 1 �o m -n NJ (23 cr) M 4�- < C. (o 4�- 0 �o Z�l m > --A Cf) cm� c) N) �-4 6) 6 6 z CP Ln (A ca w > r- m Z C rq r- 0 cn Z M C) C) Z L.J m 0 -<C() C) (A CD ❑ RANCH -n cn u, M > 0 r2.) i 0 c') cn J> 1v 13 U")- 13--c 1101i) > na �n U 0 .0 F- m z r f 1" 0 Ln 00 4� M F- --A U M M NZ, C) Fri z r- > I I , cp -7 L-i z > ry 0 0 co r m Ln cn A9-56-5- 0) % — - -, LOT 'a' ULAH (5 > 0 > LJD f Q 3bO 59:0 L4 cn f > FF1 0 1 1 - - (-) 0 o (z) m U) r 4� 55 1 . '6 CZ46' 2E r- 0 z m 10 A Z "6 N� co , - �:, -_j / -A (CHIR - ,--- r n 0 0;% --j . 6L 069 o", m M m iLA CID n cn r7 cp r7 -4 IM C-1 Z M Z po C) m :-4 N3 C) C� r77 -a �P- �!s 11-_ c :2 z -4 M Cl 4� uj C, u O x C) CD K.)z �o C-) y c')./ -4 ❑ DOUGLAs C;RCL m M C)> Q0 4 - 41 cy� r1l) -- - cli L� I( - �01 01) . �-i/ - F: 1771 - u z t�A �0� 00 CJ t, 00 U), cf) C) cl, fTi P. Go Lo co M x p TJ M cc) c� o C�A m M -u > 71 Cr C) rl) j ^' > ❑ -n > > to co C14 ou C4 00 C) < co co c m cn m cf) CD (_n r1l) 7- c-D (--j C) " �,n_ 4� c cn -n Cl 'P. 4� llutf - ---i T ro m m 4- �\ 0 tx C) C-Ti Cn r Z L4 'Al CD 4� > -n �_n Z Z ❑ c C) N�l z co cr) co L4 STPE,,� Z74 - / 4-- J.- 4� > 4� 7-7 FIJF �.o I - --j 01� 0 w -n m LOT �cpl% c F ILP, f-4 , �D cn co ..:- ../ ., rQ M --y �A . - " U 0 U=l IT, I 1 1113 00 z rTi rl) K) -n r M cn Z Cc 00 cp -r\j 0 IM CD LOT w 0 z - NE Q �j cn 1z, C-n z, > --4 m > Cj b > ca Ou r-- a3 co Qo o _ 0 ❑ m - m z m co co m c M > m co co I �o o tn Z m co --4 c 00 on . M - rn m m c (17\1) o nn ll� - -, M U) M (n Z n M CD r\3 M co > 0 > n �' ' Ul 4� X T - I CP co __A, 4� 0 m z -,) N-) r\j \c) m 'Z m m co cn r1l) 4� 1 1 m m > -.P- L14 rn --4 m Z w > QO C) C-) M - - - - - - - - �X rig e5 -n cl) -n 0 rn M C) ss 00 4� > 0 - Q :0 M U) iNOO-51 431 1388 61 <n - C) rr co W, cn co - C) m z zfl 'LA CA §� k.- I> 10 r cn (-Q (-4 LIA 03 0 7�- 0 ❑ LOT �M G�PCLF- 4:1 y c -_j -n M z z m c 0 f co > co >o 00 M > z m ------- - ----------- - -- --- - - ri) m 0 :> Ul. m IM ;�o -4 1 V C, M -p- 1 0 02 -010 C-l+ --Ij . I Z! = Z: --4 LP C�l M z X CO 4- 0') m M U) V-0 // rl.� = F - > Ln C3 Cc. m r 0 c)m c > E: z 37 31[0 LnClv Lo Cc )> 3- ..Cc m c m 14� M z (P z lco -,j Ln LQ w M I I m CS NJ r- I �m - Mr C�� -r--. - - z C) \-P.- c� 0 IM co m Ln -0 -4 4c) I; > �" r".� ��, 71 CD m IM A4, �Jz --I�m C7) oc m z 1 z 0 , 1 - - - - - �10 > m c" Qj m 01 IRREVOCABLE OFFF-H OP DEDICATION 0 ❑ rlj -0 �cr 2 z co I - > REC. 07-29-2021 INST NO. rn--4 co cri < > 0 0 N � 0 --t -0454213 O.R. cn w r 20211 > cl) ?A 8 09'78 :;u F m > R� 1045.00 Z Lh L - 33112 p(�R UP r '50 CIS 35q,5 1. 1A m EXHIBIT B VICINITY MAP OLS :. :.:.:' ... clo M.,UTAINT. VICINITY IW P nor M SCALF AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned Alberhil[ Development, LLC whose business address is 12671 High Bluff Drive, Suite 150, San Diego, CA 92130 herein referred to as"Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 28214-9 which map was prepared by KWC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions,subdivisions,and the like,hereinafter collectively referred to as"said ordinance"; and, WHEREAS,Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW,THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval,the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance,which work and improvements,without limitation by enumeration, consists of: Lake Street Off-Site Improvements- ENG-2021-00305 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto,which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent(10%)of the original estimated cost of the improvements,then the consent of the surety shall be obtained, and absent such consent,the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided,further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within three years from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills(e.g.,grading regulations) and shall be completed within the period of time described above and prior to the acceptance byoron behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement,in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair,until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to,repair of pavement,curbs,gutters,sidewalks,parkways,sewers,and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so,he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph,existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/construction Agreement.doc 2 The Subdivider shall be responsible form aintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or$300.00,whichever is greater,will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein,or fail to comply with any other obligation contained herein,they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing anyaction for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder,and at anytime after any such default,the City may make written demand upon the Subdivider and suretyto immediately remedythe default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty(120)days after the making of such demand(or such other time as may be contained in said demand),the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City maybe required,all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements,and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of ......................................................................... One Million Two Hundred Six -Nine Thousand Three Hundred Sixteen -Dollars($ 1,269,316.00 )to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! One Million Two Hundred Sixty-Nine Thousand Three Hundred Sixteen Dollars($1,269,316.00 )to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors,subcontractors,and persons furnishing labor,materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a Surety Bonds corporate surety bonds,cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected,placed, or situated in violation of any City ordinance governing size,location,or required permits. Removal shall beat the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy,making the Cityof Lake Elsinore,its officers,agents and employees,additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition,the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement,the term"City"includes the City Council,the City Manager, the City Attorney, City Engineer, or any of them,or any of their authorized representatives. In WITNESS WHEREOF,the Subdivider has caused this agreement to be executed this 2--J day of 20 2l SIGNED: -- (Type Namelritle) y WNf��� FOR: kA1 ,FF-"-t t.t, DEV EI�M 1�1"T, U.C- (Name of Company on above line) CITY OF LAKE ELSINORE BY: Jason Simpson, City Manager CITY OF LAKE ELSINORE ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California`- � ) County of. On—���g`�?-ys�-f before me i- 41 . Date Here Insert Name and Title of the 61ficer personally appeared a n1 Name(s) of Signers who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s►} is/are subscribed to the within instrument and acknowledged to me that helsf ie� executed the same in his/heWthetmuthorized capacity(ie , and that by hislherA r signatures.)on the instrument the person(s), or the entity upon behalf of which the person(sracted, 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. Jill Zerwekh-Mesler .- COMM 02219879 r i' NOTARY PUBLIC oCALIFORNIA SM DIEGO COUNTY Signat e Commission Ex0res Nov.23,2021 tore of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): .__ ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association o www.NationalNotary.org o 1-800-US NOTARY(1-800-876-6627) Item#5907 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS,the undersigned Alberhill Development. LLC whose business address is 12671 High Bluff Drive, Suite 150, San Diego, CA 92130 herein referred to as"Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 28214-9 which map was prepared by INVC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions,subdivisions,and the like,hereinafter collectively referred to as"said ordinance"; and, WHEREAS,Subdivider desires to enter into an agreement providing forthe completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW,THEREFORE, in consideration of the approval of said Final Map by the City,and as a condition of such approval,the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance,which work and improvements,without limitation by enumeration, consists of: Nichols Road Off-Site Improvements-EIPC-2021-0007 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto,which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent(10%)of the original estimated cost of the improvements,then the consent of the surety shall be obtained,and absent such consent,the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided,further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within three years from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement,the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills(e.g.,grading regulations) and shall be completed within the period of time described above and prior to the acceptance byoron behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement,in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair,until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement,curbs,gutters,sidewalks,parkways,sewers,and removal of debris from sewers and storm drains;said maintenance shall also include,but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so,he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph,existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 2 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or$300.00,whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein,or fail to comply with any other obligation contained herein,they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder,and at anytime after any such default,the City may make written demand upon the Subdivider and suretyto immediately remedythe default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty(120)days after the making of such demand(or such other time as may be contained in said demand),the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required,all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements,and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of ......................................................................... One Million Seven Hundred Thirty-Three Thousand Three Hundred Ninety-Five .Dollars($ 1,733,395.00 )to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! One Million Seven Hundred Thirty-Three Thousand Three Hundred Ninety-Five Dollars($1,733,395.00 )to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors,subcontractors,and persons furnishing labor,materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a Surety Bonds (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected,placed,or situated in violation of any City ordinance governing size,location,or required permits. Removal shall be atthe expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy,making the Cityof Lake Elsinore,its officers,agents and employees,additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition,the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement,the term"City"includes the City Council,the City Manager, the City Attorney, City Engineer, or any of them,or any of their authorized representatives. In WITNESS WHEREOF,the Subdivider has caused this agreement to be executed this 2f day of _�)G�; � 20 SIGNED: (Type Name/Title) FOR: _ F�ER�ChL� pEVE1.pPM 1"�, LAX- (Name of Company on above line) CITY OF LAKE ELSINORE BY: Jason Simpson, City Manager CITY OF LAKE ELSINORE ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California- } County of } On -,21- O.ZI before me - Date // Here Insert Name and Title of the fficer personally appeared 51,f Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a+_- subscribed to the within instrument and acknowledged to me that helshe4hey-executed the same in his/heWtheirauthorized capacityks), and that by his/h-AUei;.signature*on the instrument the perso*), or the entity upon behalf of which the persono 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. Jill Zerwekh-Mesler COMM.#2219879 cn agNOTARY PUBLIC*CALIFORNIA � SIgHato SAN DIEGO COUNTY ommission Expires Nov.23, 2021 Sign re S No Public YLV•ti�tiM1M11•SYr'tiLSM1:lJVLVVKM1'V�YYW 1 n' Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _- Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: . _ _ Signer's Name: ❑Corporate Officer — Title(s): _ _ ❑Corporate Officer — Title(s): __- ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: _ ❑ Other: Signer Is Representing: _ _- _ Signer Is Representing: z,. 02014 National Notary Association ^ www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS,the undersigned Alberhill Development, LLC whose business address is 12671 High Bluff Drive, Suite 150. San Diego, CA 92130 herein referred to as"Subdivider', has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 28214-9 which map was prepared byKWC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions,subdivisions,and the like,hereinafter collectively referred to as"said ordinance"; and, WHEREAS,Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW,THEREFORE, in consideration of the approval of said Final Map by the City,and as a condition of such approval,the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance,which work and improvements,without limitation by enumeration, consists of: On-Site Tract Improvements- EIPC-2021-0006 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto,which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent(10%)of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided,further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within three years from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement,the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills(e.g.,grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement,in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair,until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include,but shall not be limited to, repair of pavement,curbs,gutters,sidewalks,parkways,sewers,and removal of debris from sewers and storm drains;said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so,he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph,existing or occurring or arising out of any actor omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 2 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or$300.00,whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein,or fail to comply with any other obligation contained herein,they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing anyaction for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder,and at anytime after any such default,the City may make written demand upon the Subdivider and suretyto immediately remedythe default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty(120)days after the making of such demand(or such other time as may be contained in said demand),the City maythen complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City maybe required,all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements,and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of ......................................................................... Six Million Nine Hundred Thirty-Three Thousand Four Hundred Sixty-Five .Dollars($6,933,465.00 )to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! Six Million Nine Hundred Thirty-Three Thousand Four Hundred Sixty-Five Dollars($6,933,465.00 )to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors,subcontractors,and persons furnishing labor,materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a Surety Bonds (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected,placed,or situated in violation of any City ordinance governing size,location,or required permits. Removal shall beat the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant toa permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy,making the Cityof Lake Elsinore,its officers,agents and employees,additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition,the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement,the term "City"includes the City Council,the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF,the Subdivider has caused this agreement to be executed this 21 day of 20,!L_. SIGNED: (Type Name/Title) EEaD SiNC-�r M � FOR: : C. (Name of Company on above line) CITY OF LAKE ELSINORE BY Jason Simpson, City Manager CITY OF LAKE ELSINORE ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Californistiu-2--b- ) County of i E e ) On before me,j Date Here Insert Name and Title of the fficer personally appeare r;y Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the persono whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/sl @Ahey.executed the same in his/hoW44e4r authorized capacity(ises),and that by his/her it signature(s-ron the instrument the person(s), or the entity upon behalf of which the personA 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. Jill Zerwekh-Mesler r COMM.#2219879 NOTARY PLIBLICaCALIFORNIA SAN DIEGO COUNTY Signature Commission Fxpims Nov.23,2021 ,�. ., ,- ,.,�,,,•s,,,ti,,,, na a Notary Public Place Notary Seal Above —-- — - --- - - - OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacitya(ies) Claimed by Signer(s) Signer's Name: ` Signer's Name: Corporate Officer — Title(s). ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association o www.NationalNotary.org a 1-800-US NOTARY(1-800-876-6827) Item#5907 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS,the undersigned_Alberhill Development, 1_LC whose business address is 12671 High Bluff Drive, Suite 150, San Diego, CA 92130 herein referred to as"Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 28214-9 which map was prepared by KWC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions,subdivisions,and the like,hereinafter collectively referred to as"said ordinance";and, WHEREAS,Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW,THEREFORE, in consideration of the approval of said Final Map by the City,and as a condition of such approval,the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance,which work and improvements,without limitation by enumeration, consists of: Storm Drain Improvements-EIPC-2021-0004 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto,which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent(10%)of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent,the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided,further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within three years from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement,the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills(e.g.,grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement,in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement,curbs,gutters,sidewalks,parkways,sewers,and removal of debris from sewers and storm drains;said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so,he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph,existing or occurring or arising out of any actor omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 2 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or$300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein,or fail to comply with any other obligation contained herein,they shall be jointly and severally liable to the City for any administrative expenses and attorneys fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing anyaction for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder,and at anytime after any such default,the City may make written demand upon the Subdivider and suretyto immediately remedythe default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty(120)days after the making of such demand(or such other time as may be contained in said demand),the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required,all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements,and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of ......................................................................... One Million Nine Hundred Two Thousand Five Hundred Nine -Five .Dollars($ 1,902,595.00 )to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! One Million Nine Hundred Two Thousand Five Hundred Ninety-Five Dollars($1,902,595.00 )to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors,subcontractors,and persons furnishing labor,materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a Surety Bonds (corporate surety bonds, cash deposits,etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed,or situated in violation of any City ordinance governing size,location,or required permits. Removal shall beat the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy,making the Cityof Lake Elsinore,its officers,agents and employees,additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition,the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement,the term"City"includes the City Council,the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF,the Subdivider has caused this agreement to be executed this 21 day of C7GTo F31 20 Zti SIGNED: .4�"Z (Type Name/Title) M FOR: kV13FRML- , b�fGl-b"PMtT1'r� U.G (Name of Company on above line) CITY OF LAKE ELSINORE BY Jason Simpson, City Manager CITY OF LAKE ELSINORE ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California-- ) County of ) On —jo— 9 / before men- Date Here Insert Name and Title of the fficer personally appeared >__� Name(s) of Signer(, who proved to me on the basis of satisfactory evidence to be the personasy whose name* is/we subscribed to the within instrument and acknowledged to me that he/aheAhay.executed the same in his/beH14e -authorized capacity(ias), and that by iris/heA44eirsignature4i�on the instrument the personw, 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. .N WITNESS my hand and official seal. Jill Zerwekh-Mesler COMM.92219879 w NOTARY PUeLIC11CALIFORNIA 3 SAN DIEGO COUNTY Signatu i Cornirisslori Exore$NOV.23,2021 Sig re of Notary Public LS•MSY.5NLY1Y. Place Notary Seal Above OPTIONAL --- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: - Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: _- ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General [-] Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: --_ ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association o www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS,the undersigned.Alberhill Development, LLC whose business address is 12671 High Bluff Drive, Suite 150, San Diego, CA 92130 herein referred to as"Subdivider", has subm itted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 28214-9 which map was prepared by KWC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions,subdivisions,and the like,hereinafter collectively referred to as"said ordinance";and, WHEREAS,Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW,THEREFORE, in consideration of the approval of said Final Map by the City,and as a condition of such approval,the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance,which work and improvements,without limitation by enumeration, consists of: Traffic Signal Improvements+Signing&Striping for whole tract ETCPC-2021-0004. EIPC-2021-0006, EIPC-2021-0007&ENG-2021-00305 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto,which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent(10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent,the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided,further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within three years from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated,said agreement shall remain in effect. It is understood that by providing security for this agreement,the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills(e.g.,grading regulations) and shall be completed within the period of time described above and prior to the acceptance byoron behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement,in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair,until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement,curbs,gutters,sidewalks,parkways,sewers,and removal of debris from sewers and storm drains;said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so,he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 2 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore,the liability of the surety for no less than ten percent(10%) of the face amount thereof or$300.00, whichever is greater,will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein,or fail to comply with any other obligation contained herein,they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder,and at anytime after any such default,the City may make written demand upon the Subdivider and suretyto immediately remedythe default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty(120)days after the making of such demand(or such other time as may be contained in said demand),the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required,all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements,and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of ......................................................................... Seven Hundred Seventy Thousand Six Hundred Twenty-Eight Dollars($770,628.00 )to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! Seven Hundred Seventy Thousand Six Hundred Twenty-Eight Dollars($770,628.00 )to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors,subcontractors,and persons furnishing labor,materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a Surety Bonds (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size,location,or required permits. Removal shall beat the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant to a permit issued bythe City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy,making the Cityof Lake Elsinore,its officers,agents and employees,additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition,the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement,the term"City"includes the City Council,the City Manager, the City Attorney, City Engineer, or any of them,or any of their authorized representatives. In WITNESS WHEREOF,the Subdivider has caused this agreement to be executed this- day Of_OCTO EVV_ 20 2—� . SIGNED: (Type Name/Title) Q P I�'(NSITs� MPCT1f1 FOR: Mgf� 1 l _ DV7V1EF ,D�MeK-F, LAG (Name of Company on above line) CITY OF LAKE ELSINORE BY. Jason Simpson, City Manager CITY OF LAKE ELSINORE ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of �l-sb. y ) On before men y (I'� e , Date Here Insert Name and Title of the fficer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islwe subscribed to the within instrument and acknowledged to me that hels#ae, ge.#executed the same in hlslheW#t eW authorized capacity(jos),and that by hislberlxh&signatureWon the instrument the personas), or the entity upon behalf of which the persor)(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. Y.ShYA'.'.'::V:.YlMttRlhSM1Y.•.tY.Yl.S1L'.LY.L_. Jill Zerwekh-Mesler WITNESS my hand and official seal. COMM.#2219879 w N rw �+ NOTARY PUBLIC*CALIFORNIA l SAN DIEGO COUNTY �= Commission E.xpires Nov.23. 202� Signatur fv:SM1 MLwf.Y.w.tivvy Sig ure of otary Public Place Notary Seal Above -�--� ---- - - - OPTIONAL —, Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attaches! Document Title or Type of Document: _-_ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: _ _ ❑ Other: Signer Is Representing: . Signer Is Representing: 02014 National Notary Association o www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS,the undersigned Alberhill Development, LLC whose business address is 12671 High Bluff Drive, Suite 150, San Diego, CA 92130 herein referred to as"Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 28214-9 which map was prepared by KWC Engineers and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions,subdivisions,and the like,hereinafter collectively referred to as"said ordinance";and, WHEREAS,Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW,THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval,the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance,which work and improvements,without limitation by enumeration, consists of: Monumentation Security on FM-2021-0004 The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto,which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent(10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent,the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided,further, in no event shall such https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 1 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within three years from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement,the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations,and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills(e.g.,grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement,in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include,but shall not be limited to, repair of pavement,curbs,gutters,sidewalks,parkways,sewers,and removal of debris from sewers and storm drains;said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so,he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph,existing or occurring or arising out of any actor omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 2 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or$300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein,or fail to comply with any other obligation contained herein,they shall be jointly and severally liable to the City for any administrative expenses and attorneys fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing anyaction for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder,and at anytime after any such default,the City may make written demand upon the Subdivider and suretyto immediately remedythe default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty(120)days after the making of such demand(or such other time as may be contained in said demand),the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required,all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements,and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of •........................................................................ Four Hundred Seventy-Two Thousand Three Hundred Twenty Dollars($472,320.00 )to guarantee https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 3 payment to any contractors,subcontractors,and persons furnishing labor,materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a Surety Bonds (corporate surety bonds,cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected,placed,or situated in violation of any City ordinance governing size,location,or required permits. Removal shall beat the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs maybe erected only pursuant to a permit issued bythe City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy,making the Cityof Lake Elsinore,its officers,agents and employees,additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition,the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement,the term"City"includes the City Council,the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF,the Subdivider has caused this agreement to be executed this 21 day of SIGNED: (Type Name/Title) fZM 1P FOR: Ei.0 (Name of Company on above line) CITY OF LAKE ELSINORE BY: Jason Simpson, City Manager CITY OF LAKE ELSINORE ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE https://Iakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California- ) County of _ ef-�?-� �� ) On__ _ Q before me Date Here Insert Name and 7-le of the fficer personally appeared - S Names) of 5igner(s who proved to me on the basis of satisfactory evidence to be the persons whose name(ey is/W subscribed to the within instrument and acknowledged to me that he/sho4h executed the same in his/taewftheir authorized capacityi jes),and that by his/herA+ieir signature(s)on the instrument the personA), or the entity upon behalf of which the personKacted, 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. YtiY::.ti�•�„�h.:.+'�.W.v+ WITNESS my hand and official seal. Jill Zerwekh-Mesler COW#2219879 u, w k NOTARY PUBLIC*CALIFORNIA SAN DIEGO COUNTY Signatur Commission Fig roes Nov.23, 202 , .nz.rJ ign re o Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - Signer's Name: ❑Corporate Officer — Title(s): _ ❑Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: _ _ _ _ Signer Is Representing: 02014 National Notary Association ^ www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907