Loading...
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 *$ R 0 0 1 2 9 6 1 3 3 6$* 2021000430512 2:06 pm 07101121 227 NC -5 All 2 29 0.00 0.00 0.00 0.00 84.00 0.00 0.000.000.00 0.00 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 10 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. 11 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. 12 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 •da.y ..1 'Jil w4 r \ ,. Presb >!b✓` - x 1 Yl a Mountain % View Ctiuich ' kiS,m+yiv .,• `Ranch,Center fi Kinoshita JYJ �� _ .� ,School � I Al . t ° 1 ` Sao Juala - Capistrar(c } - Community Cel ' and Sports Pa - , - Del Obispo ElementaSch ry.. CAMINO. DEL AVION �lObispo !4 ..�t. Terrace a• 4* .1 MaritµsGceln ;4P' Hill s.Chur I' Pr ate He -a ,gip Christ on Arca Je Kinoshita Farm a ILI ! - `t -.. If � is ! r e� Y ♦� ✓ P rj o.Alip�r��~.,',"sp#I 1'�a; !'& to r' 140 Z Ing elej � r m tr. I+Tw � Ices �9 i• • l! !!p 1W jl IIll, 16itt Ike/ .'� ,� . �(• Vr a l•l�K�s, �' r - r rr rt�ati.rs •r •,nv ,R l.�. rx+ � ,� nilG 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