21-0526_LENNAR HOMES OF CALIFORNIA INCORPORATED_Public Offsite Improvement AgreementRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383
City of San Juan Capistrano
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
1II 11111111 1 I 11111 �1 1II NO FEE
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This Space for Recorder's Use Only
Title of Document: PUBLIC OFFISTE IMPROVEMENTS AGREEMENT
Lennar Homes of California Incorporated
PUBLIC OFFSITE IMPROVEMENTS AGREEMENT
SUBJECT: TENTATIVE TRACT MAP 19063, OFFSITE IMPROVEMENTS
THIS PUBLIC OFFSITE IMPROVEMENTS AGREEMENT (the "Agreement") is made this
_26th day of _May 2021 between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, State of California, hereinafter referred to as "City" and LENNAR
HOMES OF CALIFORNIA INCORPORATED whose mailing address is 15131 Alton
Parkway, Suite 365, Irvine California 92618, hereinafter referred to as "Developer." City and
Developer may collectively be referred to as the "Parties" and individually as a "Party."
WHEREAS, Developer is the owner of that certain parcel of land located at 32382
Del Obispo Street along the east side of Del Obispo Street north of Camino Del Avion, in
the City of San Juan Capistrano, Orange County, as described in more detail at Exhibit A
attached hereto and incorporated herein by reference (the "Property"), on which Developer
proposes to develop a 169 single-family detached, residential home subdivision on 35
acres (the "Project") and construct and install certain works of public improvement. The
Developer must also construct certain offsite improvements, as set forth in Exhibit B
attached hereto and incorporated herein by reference (together, the "Offsite
Improvements"); and
WHEREAS, Developer's tentative map application for development of the Property
was conditionally approved by Resolution No. 20-07-07-01 and is currently valid and in
force as Vesting Tentative Tract Map 19063 ("VTTM 19063"); and
WHEREAS, Developer desires to subdivide the Property pursuant to VTTM 19063,
the City's Municipal Code, and the Subdivision Map Act (Government Code Sections 66410
to 66500) to accomplish development of the Project; and
WHEREAS, Developer has not entered into a Subdivision Improvement Agreement
with the City ("SIA") and has not yet obtained approval from the City of a Final Map; and
WHEREAS, due to timing constraints and to minimize the impacts to the adjacent
school districts, the Developer desires to construct and install the Offsite Improvements
before entering into an SIA or obtaining approval of a Final Map; and
WHEREAS, the City does not object to such ordering of performance but desires to
assure that the Offsite Improvements will be done in a good workmanlike manner and in
accordance with the laws now in force and effect in the City of San Juan Capistrano,
California, the terms and conditions of which are incorporated herein by reference; and
WHEREAS, this Agreement will not subdivide the Property, but rather is being
entered into as an accommodation by the City to Developer in anticipation of an expected
(but not guaranteed) subdivision of the Property at a later date;
NOW THEREFORE, in consideration of the approval and acceptance by the City
Council of Offsite Improvements offered for other public purposes and the covenants herein
contained, the parties hereto mutually covenant and agree as follows:
General Requirements:
Developer shall comply with all the conditions of approval set forth in City Council
Resolution No. 20-07-07-01 for Tentative Tract Map 19063 as they apply to the
Offsite Improvements and shall, at its own cost and expense, provide all required
tests, design work, equipment, materials and labor in order to complete all of the
Offsite Improvements, set forth in Exhibit "B", to the satisfaction of the City Engineer.
Such Offsite Improvements shall include but not be limited to the placement of curb
markers at all proposed street catch basin inlet structures in accordance with the
National Pollution Discharge Elimination System (NPDES) requirement.
2. Security:
A. Developer shall, at all times beginning with the execution of this agreement,
guarantee Developer's performance of this agreement by providing City with
the following security instruments (the "Security Instruments"), as required by
the. Subdivision Map Act, on forms approved by City for the purposes and in
the amounts as follows:
(i) A Faithful Performance Bond to ensure faithful performance of this
agreement in regard to said Offsite Improvements in the amount of
100% of the estimated cost of construction of the Offsite
Improvements as shown in Exhibit "B"; and
(ii) A Labor and Materials Bond to secure payment to any contractor,
subcontractor, persons renting equipment or furnishing labor or
materials for the Offsite Improvements required to be constructed or
installed pursuant to this Agreement in the additional amount of 100%
of the estimated cost of construction of the Offsite Improvements as
shown in Exhibit "B'; and
B. In order to guarantee and warranty the Offsite Improvements and in addition
to the security instruments referenced in Paragraph 2(A) above, Developer
shall, prior to the City Engineer's acceptance of the Offsite Improvements
and recordation of a Notice of Completion, provide to City a Warranty Bond
for the Offsite Improvements warranting the accepted Offsite Improvements
for a period of one (1) year following said acceptance against any defective
work or labor done or defective material furnished. The amount of such
Warranty Bond for Offsite Improvements shall be equal to twenty-five percent
(25%) of the estimated construction cost set forth in Exhibit "B", or a suitable
amount determined by the City Engineer.
(i) City Engineer shall release the Faithful Performance Bond upon
Developer's written request following acceptance by the City Engineer
of the Offsite Improvements and Developer's delivery to City of the
Warranty Bond for Offsite Improvements.
City Engineer shall release the Warranty Bond for Offsite
Improvements upon Developer's written request following the
expiration of the warranty period, provided no claims are outstanding
at that time regarding defective work.
2.1 Form of Security Instruments. All Security Instruments shall meet the
following minimum requirements and otherwise shall be in a form
acceptable to the City Attorney:
(i) Any insurance company acting as surety shall have a minimum
rating of A -IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick,
New Jersey, 08858; any bank acting as surety shall have a
minimum rating of AA, as rated by Moody's or Standard &
Poor's;
(ii) Payments under the Security Instruments shall be required to
be made (and, with respect to bonds, litigation shall be
required to be instituted and maintained) in the County of
Orange, State of California;
(iii) Each of the Security Instruments shall have a minimum term of
one (1) year after the deadline for Developer's completing the
Offsite Improvements, in accordance with paragraph 3 herein;
(iv) The Security Instruments shall reference Developer's
obligations under this Agreement, shall be irrevocable, and
shall include as an additional obligation the responsibility to
compensate City for all of the City's attorneys' fees and
litigation expenses reasonably incurred enforcing its rights
under the Security Instruments.
2.2 Security Devices In -Lieu of Bonds. Subject to City's approval, which
may be withheld in the City's sole discretion, Developer may elect to
substitute an irrevocable letter of credit or certificate of deposit to
secure all obligations under this Agreement and as otherwise
specified to be secured by the Security Instruments. Such irrevocable
letter of credit or certificate of deposit shall be provided on City
approved forms.
3. Time of Completion:
All of the Offsite Improvements shall be completed within twenty-four (24) months
from the effective date of this Agreement (except for improvements within Via
Positiva and Alipaz Street which shall be substantially completed by August 16,
2021). The time for completion may be extended by the City Engineer, in writing, for
good cause shown by the Developer. Developer shall compensate the City for all
costs reasonably incurred in having its authorized representatives perform the usual
and customary engineering services during said extension as specified in Section 19
of this Agreement. In the event that Developer fails to complete the Offsite
Improvements within said period or any approved extension, the City may complete
said work and shall be entitled to recover the full cost and expenses thereof from
Developer, or its surety as herein provided. The City may require Developer, or its
surety, to pay the City in advance, sufficient monies to cover the City's cost in
completing construction of said Offsite Improvements.
3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein,
Developer's time for completion of the Offsite Improvements shall be
extended for the period of any enforced delay caused due to
circumstances beyond the control and without the fault of Developer,
including to the extent applicable adverse weather conditions, flood,
earthquakes, strikes, lockouts, epidemics, pandemics, material and
labor shortages, acts or failures to act of a public agency (including
City), required changes to the Scope of Work required by City, and
similar causes; provided, however, that the period of any enforced
delay hereunder shall not include any period longer than thirty (30)
days prior to City's receipt of a written notice from Developer or its
contractor detailing the grounds for Developer's claim to a right to
extend its time for performance hereunder.
3.2 Continuous Work: After commencement of construction of the Offsite
Improvements (or separable portion thereof), Developer shall cause
such work to be diligently pursued to completion, and shall not
abandon the work for a consecutive period of more than thirty (30)
days, events of force majeure excepted.
4. [Reserved]
5. Utility Deposits - Statement:
Prior to the commencement of any work to be performed under this
Agreement, the Developer must file a written statement with the City Clerk
and City Engineer, signed by the Developer, to the effect that Developer has
made all deposits legally required by such public utility corporation for the
connection of any and all public utilities to be supplied by such public utility
corporation to the Property.
Permits - Compliance with Law:
Developer shall, at Developer's expense, obtain all necessary permits and
licenses for the construction of the Offsite Improvements, give all necessary
notices and pay all fees and taxes required by law.
7. Definitions and Ownership of Offsite Improvements:
The term "Offsite Improvements" means: grading, paving, curbs and gutters,
pathways, storm drains, sanitary sewers, domestic and non-domestic water,
utilities, such as electric, telephone and cable TV, conduits, gas lines,
drainage facilities, traffic controls, landscaping and irrigation, street lights,
and all other required facilities as shown in detail upon plans, profiles and
specifications which have been prepared or are now in final preparation by
engineers acting for Developer subject to approval by the City Engineer. All
offsite improvements not within the road right of way will be in an easement
provided to the City by the Developer, prior to the City's acceptance of work.
No work on said offsite improvements shall be commenced until plans and
profiles therefore have been submitted to, approved and permitted by the
City Engineer. All required public offsite improvements constructed or
installed pursuant to this Agreement shall become the sole exclusive property
of the City, without payment therefor, upon acceptance of said Offsite
Improvements by the City Engineer.
8. Obligations of Developer:
Notwithstanding the fact that Developer's plans and specifications,
completion of the Offsite Improvements, and other acts are subject to
approval of the City, it is understood and agreed that any approval by the City
thereof shall in no way relieve Developer of satisfactorily performing said
work or the related obligations hereunder. The construction of the Offsite
Improvements shall be done strictly in accordance with the plans and
specifications including supplementals and revisions prepared by Developer
or its registered engineer, and as approved by the City as being consistent
with the City Code and Standards. Developer warrants that its plans and
specifications conform at a minimum to said codes and standards and that
they are adequate to accomplish the work in a good workmanlike manner
and in accordance with responsible construction practices.
Developer shall also perform all work and furnish all materials necessary, in
the opinion of the City Engineer and on his order, to complete the Offsite.
Improvements in accordance with the plans and specifications on file as
hereinbefore specified, or with any changes required or ordered by said
Engineer which, in his opinion, are necessary or required to complete this
work.
9. Intent of Plans and Specifications
The intent of the plans and specifications referenced above is to prescribe a
complete work of Offsite Improvement, which Developer shall perform, or
cause to be performed in a manner acceptable to the City Engineer (or
designee) and in full compliance with all codes and the terms of this
Agreement. Developer shall complete a functional or operable Offsite
Improvement or facility, even though the plans and specifications may not
specifically call out all items of work required forthe contractor to complete its
tasks, incidental appurtenances, materials, and the like. If any omissions are
made of information necessary to carry out the full intent and meaning of the
plans and specifications, Developer or its contractor shall immediately notify
its design engineerwho will seek approval of the City Engineerfor furnishing
of detailed instructions. In the event of any doubt or question arising
regarding the true meaning of any of the plans, specifications, or related
documents, reference shall be made to the City Engineer whose decision
thereon shall be final.
10. Superintendence by Developer:
Developer shall give personal superintendence to the Offsite Improvements,
or have a competent foreman or superintendent, satisfactory to the City
Engineer, on the work at all times during progress, with authority to act for
Developer. In the event the Developer is not exercising satisfactory
superintendence, the City Engineer may order suspension of all work on the
Offsite Improvements until the deficiency is adequately corrected.
11. Repair and Replacements:
Developer shall replace, or have replaced, or repair, or have repaired, as the
case may be, or pay to the owner the entire cost of replacement or repairs,
for all survey monuments or for any and all property damaged or destroyed
by reason of any work done hereunder, whether such property be owned by
the United States or any agency thereof, or the State of California, or any
agency or political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever or by combination of such
owners. Any such repair or replacement shall be completed in a reasonable
manner and subject to the approval of the City Engineer and affected
property owner.
12. Inspection by City:
Developer shall at all times maintain proper facilities and provide safe access
for inspection by City to all parts of the work and to the shops where the work
is in preparation. The Developer shall pay the cost of inspections. City's
inspector shall have the authority to stop any and all work on the Offsite
Improvements not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the Offsite Improvements work by City shall not relieve
Developer or the contractor of any obligations to fulfill this Agreement as
herein provided, and unsuitable materials or work may be rejected
notwithstanding that such materials or work may have been previously
overlooked or accepted.
No inspection or acceptance pertaining to specific parts of the Offsite
Improvements shall be construed as final acceptance of any part until the
overall final acceptance by City is made. Final acceptance shall not constitute
a waiver by City of defective work subsequently discovered.
The date on which the Offsite Improvements will be considered as complete
shall be that date on which the City Engineer accepts the Offsite
Improvements and authorizes the City Clerk to file a Notice of Completion
with respect thereto.
13. Authority of the City Engineer:
All required Offsite Improvements shall be constructed under the inspection
of and subject to approval of the City Engineer. Therefore, it is mutually
agreed by the parties hereto that the City Engineer shall have the right to
reject any or all of the work to be performed under this contract if such work
does not conform with City Codes and Standards and the plans and
specifications mentioned herein, including subsequent revisions that may
have been previously overlooked during the plan review process. Any
damage to the Offsite Improvements (existing or new) that occurs during or
after installation of work performed under this Agreement shall be repaired or
replaced, by the Developer, to the satisfaction of the City Engineer before the
final acceptance of completed work and release of security. In addition to the
authority granted to the City Engineer elsewhere in this Agreement, the City
Engineer shall have the authority to make.a final decision in regard to all
questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and
acceptable fulfillment of the terms of this Agreement by Developer and
Developer's contractor(s).
14. Changes in the Work:
The City Engineer, without invalidating this. Agreement and without
notification to any of the sureties referenced in Section 2 of this Agreement,
may order extra work or may make changes by altering or deleting any
portion of the Offsite Improvements as specified herein or as deemed
necessary or desirable by the City Engineer to accomplish the purposes of
this Agreement and to protect the public health, safety, and welfare. It is
mutually understood that it is inherent in the nature of the work contemplated
by this Agreement that some changes in the plans and specifications and
related documents may be necessary during the course of construction to
adjust them to field conditions and to assure the protection of the public
health, safety, and welfare. The City Engineer shall notify Developer or
Developer's contractor(s) in writing (by Correction Notice) at the time a
determination has been made to require changes in the Offsite
Improvements. No field changes performed or proposed by Developer or its
contractor(s) shall be binding on City unless approved in writing by the City
Engineer.
15. No Warranty by City:
The plans and specifications and related documents for the Offsite
Improvements have been prepared by or on behalf of Developer or its
consultants or contractors, and City makes no representation or warranty,
express or implied, to Developer or to any other person regarding the
adequacy of the plans or specifications or related documents.
16. Liability for Performance. Iniury or Damage:
Neither the City nor any of its officers or agents shall be liable to Developer
or its contractors for any error or omission arising out of or in connection with
any work to be performed under this contract. Additionally, the City shall not
be liable to the Developer or to any other person, firm, or corporation
whatsoever, for any injury or damage that may result to any person or
property by or from any cause whatsoever in connection with the Offsite
Improvements or any part thereof.
17. Insurance, Indemnifications and Release:
A. Commercial General Liability
(i) The Subdivider shall take out and maintain, during the performance of
all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance
companies rated A- VII or better by AM Best.
(ii)Coverage for Commercial General Liability insurance shall be at least as
broad as the following:
1)Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1)
Bodily Injury and Property Damage
(2)
Personal Injury/Advertising Injury
(3)
Premises/Operations Liability
(4)
Products/Completed Operations Liability
(5)
Aggregate Limits that Apply per Project
(6)
Explosion, Collapse and Underground (UCX) exclusion
deleted
(7)
Contractual Liability with respect to this Contract
(8)
Broad Form Property Damage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; (3) products/completed operations
liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents additional insured status using ISO endorsement forms CG 20 10 10
01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to approval by
the City, and provided that such deductibles shall not apply to the City as an
additional insured.
B. Automobile Liability
(1) At all times during the performance of the work under this Agreement,
the Subdivider shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non -owned and hired
vehicles, in a form and with insurance companies rated A- VII or better by AM
Best.
(ii) Coverage for automobile liability insurance shall be at least as broad
as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
additional insured status.
(iv) Subject to approval by the City, the automobile liability program
may utilize deductibles, provided that such deductibles shall
not apply to the City as an additional insured, but not a self-
insured retention.
C. Workers' Compensation/Employer's Liability
(i) Subdivider certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be
insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and he/she will
complywith such provisions before commencing work underthis Agreement.
(ii) To the extent Subdivider has employees at anytime during the term of
this Agreement, at all times during the performance of the work under this
Agreement, the Subdivider shall maintain full compensation insurance forall
persons employed directly by him/her to carry out the work contemplated
under this Agreement, all in accordance with the "Workers' Compensation
and Insurance Act," Division IV of the Labor Code of the State of California
and any acts amendatory thereof, and Employer's Liability Coverage in
amounts indicated herein. Subdivider shall require all
subconsultants/subcontractors to obtain and maintain, for the period required
by this Agreement, workers' compensation coverage. of the same type and
limits as specified in this section.
D. Pollution Liability
At all times during the performance of the work under this Agreement the
Subdivider shall maintain Pollution Liability insurance, in a form and with
insurance companies reasonably acceptable to the City and in an amount
indicated herein and shall be written on a policy form coverage specifically
designed to protect against any pollution generated by the Subdivider and it's
Contractors.
E. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Worker's Compensation
Pollution Liability
$7,500,000 per occurrence and in the
aggregate. ,$10,000,000 aggregate limit
for products/completed operations.
$5,000,000 combined single limit
$1,000,000 per accident or disease
Statutory Limit
$5,000,000 per occurrence
(ii) Requirements of specific coverage or limits contained in this section
are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any
insurance. Any available coverage shall be provided to the parties
required to be named as Additional Insured pursuant to this
Agreement.
F. Evidence Required
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Prior to execution of the Agreement, the Subdivider shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage
of all insurance required herein. Such evidence shall include Certificate of
Insurance (Acord Form 25-S or equivalent), together with required
endorsements. All evidence of insurance shall certify the names of the
insured, any additional insureds, where appropriate, the type and amount of
the insurance, the location and operations to which the insurance applies,
and the expiration date of such insurance.
G. Policy Provisions Required
(i) Subdivider shall provide the City at least thirty (30) days prior written
notice of cancellation of any policy required by this Agreement,
except that the Subdivider shall provide at least ten (10) days prior
written notice of cancellation of any such policy due to non-payment
of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Subdivider shall deliver
renewal certificate(s) including the General Liability Additional
Insured Endorsement to the City at least ten (10) days prior to the
effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall
each contain a provision stating that Subdivider's policy is primary
insurance and that any insurance, self-insurance or other coverage
maintained by the City or any named insureds shall not be called
upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Subdivider shall maintain such
coverage continuously for a period of at least three years after the
completion of the work under this Agreement. Subdivider shall
purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this
Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims -made policy with a retroactive
date subsequent to the effective date of this Agreement.
(iv) Worker's compensation insurance coverages shall contain or be
endorsed to waiver of subrogation in favor of the City, its officials,
officers, employees, agents, or shall specifically allow Subdivider or
others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss.
Subdivider hereby waives its own right of recovery against City,and
shall require similar written express waivers and insurance clauses
from each of its subconsultants/subcontractor.
(v) Further the limits set forth herein shall not be construed to relieve the
Subdivider from liability in excess of such coverage, nor shall it limit
the Subdivider's indemnification obligations to the City and shall not
preclude the City from taking such other actions available to the City
under other provisions of the Agreement or law.
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H. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, that satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and
admitted to transact in the business of insurance in the State of
California, or otherwise allowed to place insurance through
surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Subdivider, and any approval of said
insurance by the City, is not intended to and shall not in any
manner limit or qualify the liabilities and obligations otherwise
assumed by the Subdivider pursuant to this Agreement, including
but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with
these specifications or is canceled and not replaced, City has the
right but not the duty to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by
Subdivider or City will withhold amounts sufficient to pay premium
from Subdivider payments. In the alternative, City may cancel this
Agreement.
(iii)The City requires evidence that the Subdivider and their
Subcontractors have insurance policies in effect throughout the
duration of the Project, and the City is named as an additional
insured.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising
under or by virtue of this Agreement.
The Developer hereby releases and agrees to defend, indemnify and
hold the City, its elected and appointed officials, employees,
volunteers, and agents harmless from and against any and all injuries
to and deaths of persons and injuries to property, and all claims,
demands, costs, loss, damage and liability, howsoever the same may
be caused and whensoever the same may appear, to the extent
resulting directly or indirectly from the performance or
nonperformance of any or all work of Developer to be done in and
upon the subject property and the premises adjacent thereto pursuant
to this Agreement.
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18. Liability of Developer:
The Developer agrees that the use for any purpose and by any person of any
and all of the easements and Offsite Improvements herein specified shall be
at the sole and exclusive risk of the Developer or others than the City at all
times prior to final acceptance by the City of the completed street and other
improvements thereon and therein; provided that acceptance by the City
shall in no way eliminate or lessen any of the Developer's obligations or
undertakings contained in this Agreement. The issuance of any occupancy
permits (if granted) by the City for buildings located within said subdivision
shall not be construed in any manner to constitute an acceptance and
approval of any or all of the required Offsite Improvements.
19. Developer's Expenses:
The Developer shall compensate the City for all actual costs reasonably
incurred in having its authorized representatives provide the usual and
customary engineering services beyond the specified "Time of Completion"
referenced in Section 3 of this Agreement. Said actual costs include:
inspection of Offsite Improvements, engineer design review, plan check and
project development process. Developer agrees to pay the cost of said City
services within forty-five (45) days of invoice date, or as determined by the
City Engineer.
20. Relationship of Contractors:
It is hereby mutually covenanted and agreed by the parties hereto that
Developer's contractors are not agents of the City, and that the contractors'
relations to City, if any, are those of independent contractors.
21. Certification of Satisfactory Completion:
Upon the satisfactory completion of the Offsite Improvements by the
Developer, the City Engineer shall certify that the Offsite Improvements have
been satisfactorily completed.
22. Repairs or Reconstruction of Defective Work:
If, within a period of one year after the City Engineer accepts the Offsite
Improvements performed under this Agreement, any of the Offsite
Improvements or work done under this Agreement fails to fulfill any of the
requirements of this Agreement, or the specifications referred to herein,
Developer shall, without delay and without any cost to the City (upon receipt
13
of written notice from the City), repair or replace or reconstruct any defective
or otherwise unsatisfactory part or parts of the work or structure. Should
Developer fail to act promptly or in accordance with this requirement, or
should the exigencies of the case require repairs or replacements to be made
before Developer can be notified, City may, at its option, make the necessary
repairs or replacements or perform the necessary work, and Developer shall
pay to City the actual cost of such repairs, plus an amount equivalent to the
current general City overhead costs.
23. Warranty:
Without limiting the foregoing, Developer warrants and guarantees: materials
used and workmanship performed on the Offsite Improvements for a period
of one (1) year after completion and acceptance thereof by the City. All
security instruments shall be submitted to the City in accordance with Section
2 of the Agreement. The warranty provided herein shall not be in lieu of, but
shall be in addition to, any warranties or other obligations otherwise imposed
by law.
24. Default:
24.1 Remedies Not Exclusive: In any case where this Agreement provides
a specific remedy to City for a default by Developer hereunder, such
remedy shall be in addition to, and not exclusive of, City's right to
pursue any other administrative, legal, or equitable remedy to which it
may be entitled.
24.2 City Right to Perform Work: In addition to whatever other rights or
remedies it may have for Developer's default hereunder, in the event
Developer shall fail to timely perform any work required to be
performed under this Agreement and such failure shall continue for a
period of thirty (30) days after receipt of written notice of default from
City, or thereafter Developer shall fail to diligently pursue the cure of
any such default to completion, City shall have the right to enter into
the Property and perform any of the uncompleted work by force
account or contract or both and thereupon recover from Developer
and the surety company, or both, the full cost and expense thereby
incurred by City.
24.3 Attorney's Fees and Costs:
In the event of any litigation arising out of Developer's performance or
non=performance of its obligations under this Agreement or under any
of the Security Instruments referenced herein, the prevailing party in
such action, in addition to any other relief which may be granted, shall
14
be entitled to recover its reasonable attorneys' fees and costs. Such
attorney's fees and costs shall include fees and costs on any appeal,
and in addition, a party entitled to attorney's fees and costs shall be
entitled to all other reasonable costs incurred in investigating such
action, taking depositions and discovery, retaining expert witnesses,
and all other necessary and related costs with respect to the litigation.
All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not
the action is prosecuted to judgment.
25. Notice of Completion:
Upon approval and acceptance of the Offsite Improvements by the City
Engineer, the Developer shall file with the Orange County Recorder a Notice
of Completion of the Offsite Improvements herein specified.
26. Filing of Offsite Improvement Plans:
Upon completion of the job and prior to final acceptance of the Offsite
Improvements by the City, the Developer shall submit to the City Engineer for
review and approval, one Mylar (4 mils) set of "record" drawings as well as
digital copies of all Offsite Improvement plans in accordance with the latest
edition of the City of San Juan Capistrano Digital Submission Standards.
These drawings shall be certified and shall reflect the job as actually
constructed, with all changes incorporated therein.
27. Assignment:
This agreement shall not be assignable by Developer without written consent
of City.
28. Good Faith Improver; Waiver:
Developer hereby agrees that if the Agreement is terminated for any reason
other than Developer's termination pursuant to a default of City, Developer
waives, to the maximum legal extent, any rights it may have under Code of
Civil Procedure Sections 871.1 through 871.5, inclusive, and Code of Civil
Procedure Section 741 and all other state or federal statutes or judicial
decisions of similar effect.
With regard only to the matters being released herein, Developer waives the
provisions of Section 1542 of the California Civil Code, and any other similar
statute, rule or case law. Developer has read and understands Section 1542,
and has consulted with counsel regarding its terms. Section 1542 provides as
follows:
A general release does not extend to claims that the
creditor or releasing party does not know or suspect to
exist in his or her favor at the time of executing the
release and that, if known by him or her, would have
materially affected his or her settlement with the debtor
or released party.
[Signatures on following page]
16
IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, each of
which shall for all purposes be deem an original thereof, have been duly executed by the
Developer herein named on the day of 1LUvitL- , 2021, the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s) pursuant to authority of its governing body.
DEVELOPER
By: 1 — -
Name: k. Tip Jc Z
Its: `41 t -r Pau sl 05' --fir
(Attach Notary Acknowledgement)
Attachments: Exhibits "A" and "B"
17
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
Jeffrey allin&r, City Attorney
BEST BEST & KRIEGER LLP
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
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 Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On June 28, 2021, before me, Maria Morris, City Clerk, personally appeared
Benjamin Siegel, City Manager, who proved to me on the basis of satisfactory evidence to the be
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/there
signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
City Manager
Title
Signer is Representing
City of San Juan Capistrano
WITNESS -t y jjr�ljand official seal.
(AA
Maria Mort -1, City Clerk
OPTIONAL
Description of Attached Document
Title or Type of Document
Public Offsite Improvements Agreement
Lennar Homes of California
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 ORANGE )
On June 3, 2021 before me, Debra J. Peioza, Notary Public, personally
appeared Brian K. Bencz who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person 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.
DEBRA J. PELOZA
COMM. #2198310 z
WITNESS my hand and official seal. b Notary Public •California o
i� .� Orange County
i.� Comm. E: rtes June 8, 2021
Q,
SignatureZL"
I,
(Seal)
PUBLIC OFFSITE IMPROVEMENTS AGREEMENT
TRACT 19063
EXHIBIT "A"
PROJECT VICINITY MAP
18
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1
ILIA
PUBLIC OFFSITE IMPROVEMENTS AGREEMENT
TRACT 19063
EXHIBIT "B"
OFFSITE IMPROVEMENTS
Improvement
Type of Improvements
Estimated Construction
Schedule I.D.
Cost or Bond Amount
Exhibit 1
Grading, On -Site Drainage, Erosion
and Sediment Control
Processed through the
Building Division
Exhibit 2
Alipaz S. Improvements (SIP 20-006)
$502,207.00
Exhibit 3
Del Obispo St. Improve. (SIP 20-007)
$640,657.00
Exhibit 4
Via Positiva Water Line UD 20-0020
$444,989.00
Exhibit 5
Sanitary Sewer
Covered Under Separate
Agreement and Bonds
Total Works of Improvement
$1,587,853.00
Preared by:
/Z
ngineer of Record
PUBLIC OFFSITE IMPROVEMENTS AGREEMENT
TRACT 19063
EXHIBIT "B" cont.
Performance
Alipaz St. (SIP 20-006) (100%)
Del Obispo St. (SIP 20-007) (100%)
Via Positiva (UD 20-007) (100%)
Sanitary Sewer (100%)
Total - Performance
Labor & Material
Alipaz St. (SIP 20-006) (100%)
Del Obispo St. (SIP 20-007) (100%)
Via Positiva (UD 20-007) (100%)
Sanitary Sewer (100%)
Total - Labor & Material
SUMMARY
$502,207.00
$640,657.00
$444,989.00
Covered Under Separate AGMT. and Bonds
$1,587,853.00
$502,207.00
$640,657.00
$444,989.00
Covered Under Separate AGMT. and Bonds
$1,587,853.00
TOTAL SECURITY $3,175,706.00
Exhibit B
WORKS OF IMPROVEMENT
CERTIFICATION OF PARTIAL COMPLETION OF SUBDIVISION IMPROVEMENTS
FTM 19063
I hereby certifiy that the following Off -Site Public Improvements for the the Farm Subdivision Tract
19063 have been completed, to wit:
Schedule of Improvements
Total Amount
Percent
Complete
Remaining Amount or
Bond Amount
Exhibit 1 On -Site Improvements, Grading,
Erosion and Sediment Control
Covered under Separate Agreement and Bonds
Exhibit 2 Alipaz S. Improvements (SIP 20-006)
$ 502,207.00
0.0%
$ 502,207.00
Exhibit 3 Del Obispo St. Improve. (SIP 20-007)
$ 640,657.00
0.0%
$ 640,657.00
Exhibit 4 Via Positive Water Line (UD 20-0020)
$ 444,989.00
1 0.0%
$ 444,989.00
Exhibit 5 Sanitary Sewer
Covered under Separate Agreement and Bonds
Total Works of Improvement
$ 1,587,853.00
1 0.0%1
$ 1,587,853.00
Exhibit 1 On -Site Grading, Drainage, and Sediment and Erosion Control Improvements
The Performance Bond is for the amount of
dollars ($
Covered Under Separate Agreement and Bonds
The Laborers and Materialmens Bond is for the amount of
dollars ($ ). Covered Under Separate Agreement and Bonds
Exhibit 2 Alipaz Street Improvements (SIP 20-006)
The Performance Bond is for the amount of
dollars ($502,207.00 ).
The Laborers and Materialmens Bond is for the amount of
dollars ($502,207.00 ).
Exhibit 3 Del Obispo St. Improvements (SIP 20-007)
The Performance Bond is for the amount of
dollars ($640,657.00 ).
The Laborers and Materialmens Bond is for the amount of
dollars
Public Improvement Agreement
The Farm Subdivision, FTM 19063
($640,657.00 ).
Exhibit 4 Via Positiva Water Line (UD 20-0020)
The Performance Bond is for the amount of
dollars ($444,989.00 ).
The Laborers and Materialmens Bond is for the amount of
dollars
Exhibit 5 Sanitary Sewer
($444,989.00 ).
The Performance Bond is for the amount of
dollars ($ Covered unde ).
The Laborers and Materialmens Bond is for the amount of
dollars
Covered unde ).
SUBMITTED BY ENGINEER OF RECORD
Covered Under Separate Agreement and Bonds
Covered Under Separate Aareement and Bonds
I estimate the total cost of completing the remainder of the in -Tract FTM 19063 improvements,
agreed to be performed by the Owner and Subdivider to be
DATED: G ZZ
ACCEPTED BY CITY
DATED (-, 13 1
ZI
Public Improvement Agreement
The Farm Subdiviswn, FTM 19063
dollars $ 1,587,853.00
�/Z
Br ixson, RCE 42259 Exp. 03/31/2022
ProActive Engineering
27042 Towne Centre Drive, Suite 110
Foothill Ranch. CA 92610
Joe arc , P.E.
City Engineer
Exhibit 2
SCHEDULE OF OFFSITE ALIPAZ STREET IMPROVEMENTS
Owner and Subdivider agree to install the off-site Public Street Improvements related to the Final Tract Map
19063 of the Farm Subdivision as required by the City in accordance with
the plans and specifications entitled "Alipaz Street. Improvements (SIP 20-006)" thereof
approved by the City Engineer on June _, 2021 and as set forth in the following Schedule of
Offsite Public Street Improvements:
Item Description
Quernity
Unit
I
Unit Price
Total Cost
REMOVE AND SALVAGE EXISTING TRAFFIC SIGNAL
3
EA
S
3,500.00
$
10,500
RELOCATE EXISTING STREET LIGHT
REMOVE AND SALVAGE DUSTING SIGN
REMOVE AND DISPOSE EXISTING AC WALK
REMOVE AND DISPOSE EXISTING AC BERM
REMOVE AND DISPOSE EXISTING AC PAVEMENT
1
2
2,007
2gg
5,628
EA
EA
SF
LF
Sr
$
$
$
$
$
2500.00
250.00
_ 4.50
_ 5.00
650
$
2,500
$
500
$
9,032
$
1,440
$
36,582
REMOVE AND DISPOSE EXISTING CONCRETE WALK
REMOVE AND DISPOSE EXISTING CONCRETE CURB AND GUTTER
REMOVE AND DISPOSE EXISTING CONCRETE CURB
SAWCUT EXISTING AC PAVEMENT
RELOCATE EXISTING PULL BOX PER TRAFFIC SIGNAL PLANS
REMOVE EXISTING VAULT
RELOCATE EXISTING PEDESTAL PER TRAFFIC SIGNAL PLANS
CONTRACTOR TO CONTACT GAS COMPANY TO RELOCATE PIPELINE MARKER
REMONE AND DISPOSE REFLECTIVE PADDLES
REMOVE AND RELOCATE EXISTING TRASH RECEPTACLES
CONSTRUCT 8' AC OVER 18.5" AB
CONSTRUCT W CURB & GUTTER TYPE A2-8 W=24" PER OCPW
CONSTRUCT S' WIDE SIDEWALK PER OCPW STD PLAN 1205
CONSTRUCT CURB RAMP PER CITY OF SIC STANDARD
CONSTRUCT 6" CURB AND GUTTER TYPE A2-6, W=18"
213
9
35
494
4
1
1
1
3
6
10,000
473.
2,720
1
23
SF
LF
LF
LF
FA
EA
EA
EA
EA
EA
SF
LF
SF
EA
Ll
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
650
25.00
25.00
_ 4.00
1500.00
_ 2,500.00
2,500.00
250.00
150.00
150.00
_ 7.50
20.00
750
3,500.00
25.00
$
1,385
$
225
$
875
IF
1,976
$
6,000
S
2,500
$
2,500
$
250
$
450
$
900
$
75,000
$
9,460
$
20,400
$
3,500
$
575
COLD PLANE 2' EXISTING AC PAVEMENT & AC PVMT OVERLAY
ADJUST WATER VALVE TO FINISHED GRADE
_ _5,706
3
SF
EA
$
$
8.00
250.00
S
45,648
$
750
ADJUST MANHOLE RIM TO FINISHED GRADE
CONSTRUCT LOCAL DEPRESSION PER CITY STD PLAN 360
RELOCATE STREET LIGHT PER CITY STD PLAN 610
PATCH EXISTING AC PAVEMENT WITH 8" FULL DEPTH AC PER CITY STD. 700
INSTALL NEW TRAFFIC SIGNALS (FOUNDATION, POST, MAST ARM, LIGHT & SIGNS
INSTALL NEW PEDESTAL CABINET
ERADICATE EX. STRIPING & PAINT NEW STRIPING & LEGENDS
1
4
1
157
1
1
1
EA
FA
EA
SF
LS
EA
EA
$
$
$
$
$
$
$
250.00
2500,00
_3,500.00
15,00
17SADD.00
25,000.00
7,500.00
$
250
$
10,000
S
3,500
$
2,355
$
175,000
$
25.000
$
7,500
SUIT -TOTAL OFFSITE PUBLIC STREET IMPROVEMENTS
10% Contingency
Z
$
468,552
45,655
TOTAL ALIPAZ STREET IMPROVEMENTS Z 502,207
The Exhibit 2 Off -Site Public Street Improvement Costs are covered within the Public Offsite Improvement
Agreement for the Subdivision Improvement Permit with 100% Subdivision Faithful
Performance and Labor and Material Bonds No. 0797192 as issued on June, 3, 2021
which are included herein and made a part of this Offsite Public Improvement Agreement thereof
for the Final Map of Tract 19063.
Su�Eivialon Improvamantr nnmemenl
Exhibit 3
SCHEDULE OF OFFSITE DEL OBISPO STREET IMPROVEMENTS
Owner and Subdivider agree to install the off-site Public Street Improvements related to the Final Tract Map
19063 of the Farm Subdivision as required by the City in accordance with
the plans and specifications entitled "Del Obispo Street Improvements. (SIP 21}007)" thereof
approved by the City Engineer on June _, 2021 and as set forth in the following Schedule of
Off -Site Public Street Improvements:
Item Descriptlon
Quantity
Unit
Unit Price
Total Cost
REMOVE & DISPOSE EXISTING CURB & GUTTER
144
319
LF
SF
S
S
10.00
6.50
$
1,440
SAWCUT & REMOVE EXISTING AC PAVING
$
2,074
REMOVE & DISPOSE EXISTING CONCRETE PAVING
741
SF
IS
&So
$
4,817
REMOVE & DISPOSE EXISTING AC TRAIL
4,439
SF
$
6.50
$
28,854
REMOVE & DISPOSE EXISTING PATTERNED CONCRETE PAVERS
1,250
SF
$
6.50
$
8,125
REMOVE & DISPOSE EXISTING CONCRETE PLANTER
12
EA
$
800,00
$
9,600
REMOVE & DISPOSE EXISTING TREE
16
EA
S
1,5011.00
$
24,000
REMOVE & DISPOSE EXISTING SHRUBS & IRRIGATION
1,145
SF
$
3.50
$
4,008
REMOVE & DISPOSE EXISTING BENCH
1
EA
$
500.00
$
500
REMOVE & DISPOSE EXISTING 19' RCP
S
LF
$
150.00
$
1,200
REMOVE & DISPOSE EXISTING CATCH BASIN
1
EA
$
2,500,00
$
2,500
REMOVE & DISPOSE EXISTING JUNCTION STRUCTURE
1
EA
$
2,500,00
$
2,500
REMOVE AND SALVAGE EXISTING STREET LIGHT
1
EA
$
2,500.00
$
2,500
RELOCATE PER SEPARATE LANDSCAPE ARCHITECT PLAN
N/A
$
RELOCATE PER SEPARATE DRY UTILITY PLAN
N/A
$
PROTECT IN PLACE
N/A
$
-
CONSTRUCT 5" AC OVER 11.5" AS
2,172
SF
$
5.25
$
11,403
PATCH EXISTING AC PAVEMENT (S" AC over 18.5' AB)
319
SF
$
8.00
$
2,552
CONSTRUCT CURB TRANSITION FROM 6" CF TO S" CF
75
LF
$
20.00
$
1,500
CONSTRUCT CURB RAMP PER DETAIL ON SHEET 4
2
EA
S
3,5110.00
$
7,000
CONSTRUCT LOCAL DEPRESSION PER CRY OF SIC STD PLAN 360 &MODIFIED
1
LF
$
2,500A0
$
2,500
CONSTRUCT SIDEWALK PER OCPW STD PLAN 1205 WIDTH PER PLAN
2.599
SF
S
750
$
21,743
COLD PLANE (MILL) 2" EXISTING AC PAVEMENT & OVERLAY
814
SF
S
8.00
$
6,512
CONSTRUCT CONCRETE CROSS GUTTER
1,186
SF
S
10.00
$
11,860
CONSTRUCT 16' STORM DRAIN (1500D)
73
LF
$
110.00
$
8,030
CONSTRUCT CATCH BASIN PER OCPW STD PLAN 1302, W=T
1
EA
$
51500.00
$
5,500
CONSTRUCT CONCRETE COLLAR PER SPPWC STD PLAN 380-4
1
EA
$
2,200.00
$
$
$
$
2,200
375,000
25,GD0
9,500
INSTALL NEW TRAFFIC SIGNALS (FOUNDATION, POST, MAST ARM, LIGHT & S
_
1 LS $ 375,000.00
INSTALL NEW PEDESTAL CABINET
_
1 EA $ 25,000.00
SIGNAGE, STRIPING, AND STENCILS
1 LS 5 91500.00
SUB -TOTAL OFFSITE PUBLIC STREET IMPROVEMENTS $ 582,416
10% Contingency $ 58,242
TOTAL DEL OBI SPO STREET !IMPROVEMENTS $ 610,667
The Exhibit 3 Off -Site Public Street Improvement Costs are covered within the Public Offsite Improvement
Agreement for the Subdivision Improvement Permit with 100% Subdivision Faithful
Performance and Labor and Material Bonds No. 0797193 as issued on June, 3, 2021
which are included herein and made a part of this Offsite Public Improvement Agreement thereof
for the Final Map of Tract 19063.
Subdivision Improvemanta Agreement
Exhibit 4
SCHEDULE OF VIA POSITIVA WATER IMPROVEMENTS
Owner and Subdivider agree to install the off-site Public Street Improvements related to the Final Tract Map
19063 of the Farm Subdivision as required by the City in accordance with
the plans and specifications entitled"Via Positiva Water Line (UD 20-0020)" thereof
approved by the City Engineer on June _, 2021 and as set forth in the following Schedule of
Off -Site Public Street Improvements:
learn Description
Clue"
Unit
Unit Price
Total Cost
Install 12" PVC Class 200 (C905) Water Une, Bedding per City of SIC No. W-3
1,375
1
3
3
1
1
2
1
1
9
1
1
4
25
2
1
1
1
3
32
6
1
2
-
2
222
168
1
1
1F
FA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
FA
LF
EA
EA
EA
EA
EA
LF
EA
EA
EA
LF
EA
SF
SF
EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
150.00
7,000.00
3,.500.OD
2,800.00
3,200.00
11500.00
1,200.00
1,200.00
800.00
1,200.00
3,500.00
5,000.00
1,800.00
125.00
51000.00
2,200.00
800.00
2,000.00
1,200.00
200.00
10,000.00
11200.00
1,500.00
200.00
12,000.00
50.00
20.00
2,500,00
31M00
$
206.250
Install 8' Resilient Wedge Gate Valve per CIry, of SJC No. W-13
S
7,000
Install 12"x12"x12" Tee
S
10,500
Install 12"x12'x6'Tee
$
8.400
Install 12"x12"x8" Ductile Iron Tee
S
3,200
Install 90 Deg Ductile Iron Bend
$
1,500
Install 45 Deg Ductile Iron Bend
$
2,400
Install 221/2 Bend
$
1,200
Install 111/4 Bend
$
800
Install Concrete Thrust Block per City of SIC No W-14
$
10,800
Relocate Existing Gate Valve
$
3,500
Remove and Replace Fire Hydrant
$
5,000
Install 2" Service
$
7,200
Install 6' PVC Class 200 (C905) Water Une, Bedding per City of SIC No. W-3
$
3,125
Install 6" Resilient Wedge Gate Valve per City of SJC No. W-13
$
10,000
Install Temporary Blowoff
$
2,200
Relocate Existing 90 Deg Ductile Iron Bend
$
800
Install 2" Blow-0ff
$
2,DOO
Install Blind Flange
$
3,600
Install 8" CML&C Class 300 Pipe
$
6,400
Install 12" Resilient Wedge Gate Valve per City of SIC No. W-13
$
60,000
Install Transition Coupling, Fusion Bonded Coating
$
1,200
Install 12" Long Transition Coupling, Fusion Bonded Coating
$
3,000
Install 12" PVC Class 200 (C905) Water Une, Bedding per City of SIC No. W-3
$
-
Install Cathodic Protection System
$
24,000
Remove Existing AC and CTB as Needed. Construct 8" Thick Concrete Slab
$
11.100
Remove Existing AC and CTB as Needed. Replace with 8" AC Pavement
$
3,360
Install 1" Air Vac per City of SJC Std No. W-16
$
2,500
Ins1ali 2' Water Meter Per City of SIC Std. W-2
$
3,500
SUB -TOTAL OFF431TE WATER IMPROVEMENTS
l0% Contingency
$
$
404,535
40,454
TOTAL VIA POSITIVA WATER IMPROVEMENTS $
The Exhibit 4 Off -Site Public Street Improvement Costs are covered within the Public Offsite Improvement
Agreement for the Subdivision Improvement Permit with 100% Subdivision Faithful
Performance and Labor and Material Bonds No. as issued on June, _, 2021
which are included herein and made a part of this Offsite Public Improvement Agreement thereof
for the Final Map of Tract 19063,
SuDEivmi Improvements Agreement
444,989