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HomeMy WebLinkAboutItem No. 10 Final Map 31593-1 South ShoreCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-139 Agenda Date: 4/12/2022 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 10) Final Map TR 31593-1, South Shore 1.Approve Final Tract Map No. 31593-1 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 Tract Map No . 31593-1; and 3.Authorize the City Manager to execute the construction agreements. Page 1 City of Lake Elsinore Printed on 4/8/2022 Final Map TR 31593-1, South Shore April 12, 2022 Page 2 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: April 12, 2022 Subject: Final Map TR 31593-1, South Shore Recommendations 1. Approve Final Tract Map No. 31593-1 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 Tract Map No. 31593-1; and, 3. Authorize the City Manager to execute the construction agreements. Background The proposed Final Tract Map No. 31593-1 is located north of Camino Del Norte and east of Main Street. It consists of 73.07 acres. Included are 56 residential lots, six (6 lots for public right of way, one (1) lot for public park, and four (4) lots for HOA maintenance and facility purposes. The average residential lot size is 7,432 square feet with the smallest and largest parcels being 6,034 and 11,845 square feet, respectively. The proposed streets will be public and the landscaping/wall maintenance will be provided by a Home Owners Association. All future public improvements have been secured. 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. 31593. 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 A. Index Map B. Vicinity Map C. Construction Agreements III NOTE SEE SHEET 2 OF 8 FOR BASIS OF BEARINGS, LINE AND CURVE DATA, ENVIRONMENTAL CONSTRAINT NOTE, SURVEYOR'S NOTES, MONUMENT NOTES, ACCESS NOTES AND EXTENDED TRACT BOUNDARY DATA. SEE SHEET 4 FOR EASEMENT NOTES. IN THE CITY Of LAKE ELSINORE, COUNTY OF RIVERSIDE STATE OF CAUFORNIA TRRu _ '% PvfA � Rf Om a BEING A SUBDIVISION OF ALL OF PARCEL 1 OF PARCEL MAP NO. 36632, P.M.B. 251145-50, LYING WITHIN SECTION 32, TOWNSHIP 5 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, WITHIN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. K & A ENCINEERINCj INC APR14 2014 SHEET INDEX MAP INDICATES SHEET NUMBER SHEET 3 OF 9 SHEETS SCALE: 1 "=150' 0 150 300 450 600 I I _-7`\ LOT "G" (SEE BOUNDARY SHEET) \ y �\ \yy .I (TRACT MAP 25478 M.B. 374180-94 \ y' `yi 15�42 43 39 40 41 35 36 37 38 34 _ 24 25 32 ��" 46 45 44 27 28 29 26 30 31 LOT49 48 47 51 50 i 23 O—CREEKS DRIVE 52 201n t, 56 55 ROARING FORK DRIVE 9 18 LOT "f" ~� ' it I R LOT Ar �(SEE BOUNDARY SHEETS - I ' 9 10 11 ` 12 13 O I ' 'i 14 15 16 =_1 BRERA pR/VE---LOT io-- I �r 8 oc 7 6 s 4 3 1 1 T H � (SEE BOUNDARY SHEET) + I ---I--- I 00 F— rt------ ---� i I >ti ATACAMA LANE LOT AW I �\ ------------- L----t------- -- LOT "K" LOT "I" -(SEE BOUNDARY SHEET) (SEE BOUNDARY SHEET) Nl�..��'' PARCEL 3 r PM 36632 i P.M.B. 251145-50 �� PARCEL 4 j r PM 36632 P.M.B. 251145-50 t iolJ I I I oy 1 I PARCEL 2 I PM 36632 it I PARCEL 5 P. M.B. 251145-50 I I PM 36632 P.M.B. 251145— 50 �o Nv- I �---! PARCEL 6 I / PM 36632 P.M.B. 251145-50 EXHIBIT B VICINITY MAP AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned SAM-ELSINORE, LLC. whose business address is 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 31593-1 SIP which map was prepared by K&A Engineering, Inc. . 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: Street Improvements on TR 31593-1 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 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year 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 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 yearfollowing 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, theyshall 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 remedy the 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......................................................................... Six Hundred Twenty -Nine Thousand Five Hundred Sixty -Nine . Dollars ($ 629,569 ) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! Six Hundred Twenty -Nine Thousand Five Hundred Sixty -Nine Dollars ($629,569 ) 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 day of 20,-Z,�_. SIGNED: (Type Name/title) (w P- FOR: AN -E I JJjwe (Name of Company on above line) CITY OF LAKE ELSINORE 1120 ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE Jason Simpson, City Manager CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Acknowledgment in an Individual Capacity State of OREGON County of 6� This record was acknowledged before me on (date) r�%�r �� , 20 by (name(s)) of individual(s) Notary Public - State of Oregon Official Stamp *COMMISSION OFFICIAL STAMP MICHAEL SCHUMACHER NOTARY PUBLIC-OREGON NO. 1021023 MYCOMMISSION EXPIRES JANUARY18, 2026 Document Description This certificate is attached to page of a ►/.fame.•+ �r 694ej'+ (title or type of document), dated r , 20,�U , consisting of ^ pages. AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned SAM-ELSINORE, LLC. whose business address is 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 31593 which map was prepared byK&A Engineering, Inc. 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: Off -Site Improvements on TR 31593 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 suretys 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 one year 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 securityfor 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 The Subdivider shall be responsible for maintaining all improvements for a period of one yearfollowing 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 anyfurther 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 Four Hundred Seventy -Three Thousand Six Hundred Five . Dollars ($ 1,473,605.00 ) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! One Million Four Hundred Seventv-Three Thousand Six Hundred Five Dollars ($1,473,605.00 ) 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 City of 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 14 day of eanfl, 2072_-. SIGNED: ` (Type Name/Title) f ❑ el Go � 1' ° FOR: TAM - E 1T,1v-tom GGG (Name of Company on above line) CITY OF LAKE ELSINORE I1-ya ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE Jason Simpson, City Manager CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Acknowledgment in an Individual Capacity State of OREGON County of Lam This record was acknowledged before me on (date) , a Z le , 20 Zd, by (name(s)) of individual(s) 6or761 Notary Public - State of Oregon Official Stamp L OFFICIAL STAMP 'x MICHAEL SCHUMACHER t NOTARY PUBLIC-OREGON COMMISSION NO. 1 021023 MY COMMISSION EXPIRES JANUARY 1 B, 2026 Document Description This certificate is attached to page of a ,t It e or(' type of document), dated 20 21 , consisting of Ll pages. AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned SAM-ELSINORE, LLC whose business address is 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 31593 which map was prepared byK&A Engineering, Inc. 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: Storm Drain Improvements on TR 31593 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 suretys 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 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year 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 act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. https://Iakeelsinore.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 setforth herein, or fail to comply with any other obligation contained herein, theyshall 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 remedy the 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......................................................................... Nine Hundred Thousand Nine Hundred Thirty -Hine . Dollars ($ 9Q0,939.00 ) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! Nine Hundred Thousand Nine Hundred Thirty -Nine Dollars ($900,939.00 ) 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 City of 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 ITNESS WHEREOF, the Subdivider has caused this agreementto be executed this_ day C Z , 20_-L�L_. SIGNED: (Type Name/Title) f 0e-% Go I - A) FOR: �=LA ? — E'_/ C. A-,v2C (Name of Company on above line) CITY OF LAKE ELSINORE I:VJ ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE Jason Simpson, City Manager CITY OF LAKE ELSINORE https://lakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Acknowledgment in an Individual Capacity State of OREGON County of Cara, This record was acknowledged before me on (date) -01a,•d �� _ , 20 5R.� by (name(s)) of individual(s) c Notary Public - State of Oregon Official Stamp *COMMISSION OFFICIAL STAMP MICHAEL SCHUMACHER NOTARY PUBLIC-OREGON NO. 1021023 MYCOMMISSION EXPIRES JANUARY 18, 2026 Document Description 0 This certificate is attached to page of a A,rvlr+�rA1ch(title or type of document), dated o,%" 20 ;?R , consisting of pages. AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned SAM-ELSINORE, LLC whose business address is 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 31593 which map was prepared byK&A Engineering, Inc. 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: Storm Drain Improvements on TR 31593 per RCFCD 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://Iakeelsinore.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 one year 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 (aches, 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 byor 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 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 yearfollowing 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 complywith any other obligation contained herein, theyshall 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 Cityfor 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 Million Four Hundred Seventy -Five Thousand Six Hundred Fifty -Nine and Two Tenths Dollars ($ 4,475,659.20 ) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of! Four Million Four Hundred Seventy -Five Thousand Six Hundred Fifty -Nine and Two Tenths Dollars ($4,475,659.20 ) 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 day of Alar-:L , 20-," . SIGNED: (Type Name/Title) 'Ica M C) JJ r- y.-C, /t.6-P ap c� FOR: ._'CIAM - A, r r, N o✓c LZ C_ (Name of Company on above line) CITY OF LAKE ELSINORE YA ATTEST: Candice Alvarez, City Clerk CITY OF LAKE ELSINORE Jason Simpson, City Manager CITY OF LAKE ELSINORE https://Iakeelsinore.sharepoint.com/eng/Shared Documents/Engr/AGREEMENTS/PERMIT AGREEMENTS/Construction Agreement.doc 4 State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Acknowledgment in an Individual Capacity State of OREGON County of IAAz This record was acknowledged before me on (date) I-llaed 1e , 20 as by (name(s)) of individual(s) Connor Notary Public - State of Oregon Official Stamp OFFICIAL STAMP MICHAELSCHUMACHER *COMMISSION NOTARY PUBLIC-OREGON NO. 1021023 MY COMMISSION EXPIRES JANUARY 18, 2026 Document Description This certificate is attached to page of a,,&f Ae, a-( (ti le or type of document), dated la'r 20 , consisting of pages. AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned Sam -Elsinore LLC. whose business address is 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 31593-1 Southshore which map was prepared byK&A Engineering, Inc. ; 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: Monumentation on FM-2020-00003 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 change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year 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 byor 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 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 yearfollowing 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, theyshall 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 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: Fifty -Seven Thousand Three Hundred Dollars ($57,300.00 ) to guarantee https://Iakeelsinore.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 City of 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 VYITNESS WHEREOF, the Subdivider has caused this agreement to be executed this day Of 20 SIGNED: C (Type Name/Title) FOR: SAPI - /SiNol e { t-G L (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 State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) State of OREGON County of Loiq& This record was acknowledged before me on (date) A41qe-C4 31 , 20 by (name(s)) of individual(s) 7_9'� Notary Public - State of Oregon Official Stamp OFFICIAL STAMP MICHAEL SCHUMACHER NOTARY PUBLIC-OREGON COMMISSION NO. 1021023 MY COMMISSION EXPIRES JANUARY 18, 2026 Document Description This certificate is attached to page of a 41--rL ('i" tie or type of document), dated zel;rC4 s 20 , consisting of pages.