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15-0403_TNHC SAN JUAN LLC_Subdivision Improvement Agreement
RECORDING REQUESTED BY; City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, CMC, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Recorded in Official Records, Orange County HughI NgulIlyen, Clerk -Recorder II I NO EG �" k V R© Q Q 7 4 2 2 6 2 3 e 2015000175809 8:21 am 04107115 47 411 Al2 28 0.00 0.00 0.00 0.00 81.00 0.00 0.00 0.00 This Space for Recorders Use Only SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: FINAL MAP of TRACT NO. 17655 THIS AGREEMENT is made this I AAA day of March 2015, between the CITY OF SAN ,JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and Donna M. Ostermiller and Frederick Scalzo as co -trustees of the Martin R. Scalzo Family 2003 Trust, duly qualified to conduct business in the State of California, whose principal place of business is 19480 Calle Teresa, Murrieta, CA 92562 (hereinafter referred to as "Owner") and TNHC SAN JUAN LLC, a Delaware limited liability company, duly qualified to conduct business in the State of California, whose principal place of business is 85 Enterprise, Suite 450, Aliso Viejo, CA 92656, (hereinafter referred to as "Subdivider"), concerning Final Map of Tract 17655 for the OLIVA SUBDIVISION (hereinafter referred to as "Subdivision')- the Final Map of which was filed with the County of Orange on the day of 2015. RECITALS WHEREAS, the application by the New Home Company for approval of Tentative Tract Map No. 17655 was conditionally approved on August 19, 2014, by City Council Resolution No. 14-08-19-02,; and, WHEREAS, Owner is the owner of a portion of the land depicted in Tentative Tract Map No. 17655, generally described as that certain parcel of land situated in the City of San Juan Capistrano, Orange County, set forth on the Final Map of Tract No. 17655 (Lots A, 1, and 2) being that portion of Parcel 4 entitled "The Remainder Parcel" and (Lots 3, 4 and a portion of B) being that portion of Parcel 3 of Parcel Map No. 97-225 per map filed in book 315 pages 21 through 23, (hereinafter, the "Owner Property') and Subdivider proposes to do and perform certain works of improvement on the Owner Property within the Subdivision as hereinafter set forth; and, WHEREAS, Subdivider is the owner of a portion of the land depicted in Tentative Tract Map No. 17655, generally described as that certain parcel of land situated in the City of San Juan Capistrano, Orange County, set forth on the Final Map of Tract No. 17655 (Lots 5-9) being that portion of Parcel 1 and 2 of Parcel Map No. 97-225 per map filed in book 315 pages 21 through 23, (hereinafter, the "Subdivider Property") and Subdivider proposes to do and perform certain works of improvement on the Subdivision Property within the Subdivision as hereinafter set forth; and, WHEREAS, Subdivider and Owner have entered into a Sales Agreement and Escrow Instructions dated March 4, 2013, for the Subdivision; and, WHEREAS, City desires to assure that said proposed improvements will be done in a good and 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, Subdivider declares that it is familiar with the pertinent regulations contained in the City's Municipal Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and, WHEREAS, the Final Map of Tract No. 17655 prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdividerwith City for approval by the City Council; and, WHEREAS, TNHC requested and the City agrees to modify the timing of City Resolution No. 14-08-19-02 Condition of Approval No. 2.22 (CC&R's) recordation from prior to the Final Map to prior to the conveyance of any portion of the Final Tract Map. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map of Tract No. 17655 and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: AGREEMENT General Re uirements: Subdivider shall comply with all the conditions of approval that are applicable to the Final Map of Tract No. 17655 set forth in City Council Resolution No. 14-08-19-02 and the modification to Condition No. 2.22 of City Resolution 14-08-19-02, which changes the timing of the recordation of the CC&R's to prior to the conveyance of any portion of the Final Tract Map and shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to make or cause to be made all those works of improvement in the Subdivision required by Title 9 Sections 9-4.101 through 9-4.405 2 (Subdivisions) of the City Municipal Code (hereinafter referred to as "Code") and shown or described in the improvement plans, specifications and cost estimates entitled, "Improvement Plan Tract No. 17655 for Street Improvements which were approved by the City Engineer on March 2, 2015, and "Improvement Plan Tract No. 17655 for Sewer and Water Improvements", which were approved by the City Engineer on February 24, 2015, and the "Landscape Construction Documents for Oliva" accepted by the City Engineer on January 7, 2015. The Improvements within said Improvement Plans with the associated costs of improvements set forth in Exhibit "A" (collectively, the "Works of Improvement"), shall be completed to the satisfaction of the City Engineer. Such Works of Improvement shall include all items depicted within Exhibit "A" and include, the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement. Attached hereto are Exhibit "A", marked "Works of Improvement Certification of Partial Completion of Subdivision Improvements;" Exhibit B, marked "Schedule of Street Improvements;" Exhibit C, marked "Schedule of Water Improvements;" Exhibit D, marked "Schedule of Sewer Improvements;" Exhibit E, marked "Schedule of Drainage Improvements;" Exhibit F, marked "Schedule of Landscape and Irrigation Improvements;" and Exhibit G, marked "Schedule of Monumentaion;" all of which Exhibits are incorporated herein and made by reference a part hereof. The Exhibits describe quantities, units and costs associated with the improvements to be made. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing the City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by the 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 improvements in the amount of 100% of the estimated cost of construction of the improvements as shown in Exhibit "A''; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the 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 improvements as shown in Exhibit "A"; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit B. In addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to the City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to the City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement 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 Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit 'A" or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide to the City a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. All Security Instruments required by this Agreement, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City Engineer shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by the City of the Works of Improvement and Subdivider's delivery to the City of the Warranty Bond for Works of Improvement. City Engineer shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by the City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Three of the California Civil Code. If lien claims have been timely filed, the City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. City Engineer shall release the Landscape and Irrigation Warranty Bond upon Subdivider's written request following the expiration of the warranty period, 4 provided the City reasonably determines the landscaping is consistent with the requirements of the warranty and the irrigation system is operable. 2.1 Form of Security Instruments_. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form reasonably 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 Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured 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. 3, Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider 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 Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said Works of Improvement and shall be entitled to recover its reasonable cost and expenses thereof from its surety as herein provided. The City may require its surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of improvement shall be extended for the period of any enforced delay due to circumstances reasonably beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Works of Improvement required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than sixty (60) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider 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. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20- 3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been completed within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the Final Map of Tract No. 17655 has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map of Tract No. 17655, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by any public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required Works of Improvement, give all necessary notices and pay all fees and taxes required by applicable law. 7. Definitions and Ownership of Work of Improvements: The term "Work of Improvements" includes all of the following, to the extent required by the approved plans, specifications, and cost estimates within Exhibit "A" through Exhibit "G" to this Agreement: on-site and offsite grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and nondomestic 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 the plans and specifications which have been prepared by the Engineer of Record, Hunsaker and Associates Irvine, Inc. acting. for Subdivider as approved by the City Engineer. No work on said Work of Improvements shall be commenced until this Agreement has been executed by the City. All required public Work of Improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefor, upon acceptance of said Work of Improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the Works of Improvement, 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 Subdivider of satisfactorily performing said Works of Improvement or Subdivider's related obligations, if any, under this Agreement. The construction shall be done strictly in accordance with the plans and specifications, including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City's Municipal Code and Standards. Subdivider warrants to the City that its plans and specifications comply with said code and standards and that they are adequate to enable the Works of Improvement to be constructed and/or installed in a good and workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved Tentative Map No. 17655 that are applicable to the property set forth on Final Map of Tract No. 17655. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications an file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are reasonably necessary or required to complete this work. Subdivider shall notify the City regarding any property conveyance. Subdivider shall also provide the City with the California Bureau of Real Estate approved CC&R documents prior to recordation by the County of Orange. Intent of Plans and Specifications: The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner reasonably acceptable to the City Engineer (or designee) and in full compliance with all applicable codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for a 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, Subdivider or its contractor shall immediately notify its design engineer, who will seek approval of the City Engineer for 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 Subdivider: Subdivider shall supervise the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, at the Subdivision at all times during the performance of the Works of Improvement, with authority to act for Subdivider. In the event the Subdivider is not properly supervising the Works of Improvement, the City Engineer may order suspension of all work within the Subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider 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 reasonable approval of the City Engineer and affected property owner. 12. Inspection by__the City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work. The Subdivider shall pay the cost of inspections. The City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by the City shall not relieve Subdivider of any obligations to fulfill its obligations under this Agreement, 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 Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City is made. Final acceptance shall not constitute a waiver by the City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to the reasonable approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reasonably reject any or all of the work to be performed under this Agreement if such work does not conform with the 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 improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the reasonable 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 Subdivider and Subdivider'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 Works of Improvement as specified herein or as deemed reasonably 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 Subdivider or Subdivider's contractor(s) in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor(s) shall be binding on the City unless approved in writing by the City Engineer. 15. No Warranty by City_: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the pians or specifications or related documents. 16. Liability for Performance, Injury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this Agreement. Additionally, the City shall not be liable to the Subdivider 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, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 10 17. Indemnifications and Release: Prior to the commencement of any work pursuant to this Agreement, Subdivider (if performing work itself) or Subdivider's contractors shall furnish to the City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of the City) insuring the City, its officers, elected and appointed officers, agents, and employees as additional insureds against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum general liability insurance shall be not less than $2,000,000 per occurrence and not less than $4,000,000 aggregate. Said policy shall be in favor of Subdivider or its contractors, as primary insureds, and of the City, its officers, elected and appointed officers, agents, and employees, as additional insureds, and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until the City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend (with legal counsel selected by Subdivider and reasonably acceptable to the City), indemnify and hold the City 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, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made. or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. The Subdivider further hereby releases and agrees to defend the City (with legal counsel selected by Subdivider and'reasonably acceptable to the City) pursuant the following: Existing Drainage Line Indemnification Subdivider shall hold harmless, indemnify, and defend the City and its officers, employees, agents, contractors, and representatives (collectively, "Indemnified Parties") from and against any and all liabilities, damages, expenses, causes of actions, claims, or judgments (each a "Claim" and collectively, "Claims"), arising from or in any way connected with injury to or the death of any person, or physical damages to property, resulting from 11 a break or other failure of the existing storm drain line ("Drain") located along the southwest property line of TTM 16146 and 17655 as well as the proposed relocation of a portion of that Drain adjacent to Lots 1 and 2 of TTM 17655; provided, however, that this indemnification shall be inapplicable to an Indemnified Party with respect to any Claim due to the negligence of the Indemnified Party or any of its employees. If any action or proceeding is brought against any of the Indemnified Parties by reason of any such Claim, Declarant shall, at the election of and upon written notice from the City, defend such action or proceeding by counsel reasonably acceptable to City or reimburse the City for attorneys' fee and for all charges incurred for services of an attorney in defending the action or proceeding. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider 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 Subdividers 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 improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. C, All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the 12 Works of Improvement until all the City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in Section 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said the. 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 Subdivider's contractors are not agents of the City, and that the contractors' relations to the City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repairs or Reconstruction of Defective Work: If, within a period of one year after the City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fail to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt 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 Subdivider fail to act promptly or in accordance with this requirement after receipt of written notice from the City, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified in writing, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual reasonable cost of such repairs plus an amount equivalent to the current general the City overhead costs. 13 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said Works of Improvement for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain or cause to be maintained all required landscaping in a healthy condition for a period of one (1) year after completion and written acceptance thereof by the Director of Public Works and Utilities. All security instruments shall be submitted to the City in accordance with Section 2 of this 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 the City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, the City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City's_ Right_ to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider 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 the City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, the 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 Subdivider and the surety company, or both, the full cost and expense thereby incurred by the City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's 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 be entitled to recover its reasonable attorney's 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 14 of the action and shall be enforceable whether or not the action is prosecuted to judgment. 26. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider 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 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 Subdivider without written consent of the City, which consent shall not be unreasonably withheld. 28. Enforcement; No Third Party Beneficiaries. This Agreement may be enforced solely by the City and Subdivider or its assignee. There are no third party beneficiaries of this Agreement. 15 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, each of which shall for all purposes be deemed an originI thereof, have been duly executed by the Subdivider herein named on the day of , 2015 the name and corporate seal of each corporate party being hereto aff=ixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. M A CITY OF SAN JUAN CAPISTRANO APPROVED AS TO FORM: By-Z�b �11ans Van Ligten, City Attorney --OWNER-- Scalzo, Trustee of The Scalzo Family 2003 Trust Its:zvs _ I Authorized Signatory (Attach Notary Acknowledgement) ATTEST: Attachments: Exhibit "A" — Exhibit "G" 16 --SUBDIVIDER-- TNHC SAN JUAN LLC, Delaware Limited Liability Company By: Name: 1--r-Z_ Its: 4,Aw,veW CF,,,,Agj Authorized Signatory (Attach Notary Acknowledgement) ATTEST: PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On Marey 24, 2014, before me, Chris Jakl De a City Clerk, personally appeared Derek Reeve, Mayor and Han Van Ligten, City Attorney, 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, 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 eerti ly under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tate and correct. (SEAL) Capacity Claimed by Signers Mayor City Attorney Title Signer is Representing City of San Juan Capistrano WITNESS my hand and o sty Jakl, l OPTIONAL seal. Description of Attached Document 'Fitte or Type of Document Subdivision Improvement Agreement- Final Tract Map 17655 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �� ) On before me, �&&r Date Here Insert Name and Title of the Office personally appeared Name of Signer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Itis/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DULCE DANIELLE BARKER commission # 2099918 :-® Notary Public - California Orange County Comm.My Wires Feb 12, 2Q39 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official. seal. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name - _1 Corporate Officer — Title(s): i..=1 Partner — 0 Limited I :i General F Individual _I Attorney in Fact :...i Trustee L_' Guardian or Conservator 1 Other: Signer Is Representing: Signer's Name: '.:.� Corporate Officer — Title(s): Partner — [.....: Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee 171 Guardian or Conservator ..J Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -8001 -US NOTARY (1-800-876-6827) Item #5987 CALIFORNIA ALL-PURPOSE .: 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 j On 1. �before me, C• �� Pu�1rG Date Here Insert Name and Title of the Officer personally appeared ✓U NameX of Signer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ®ULCE DANIELLE BARKER WITNESS my hand and official seal. Commission * 2099918 Notary Public - California Or County n ge Cow. E im Feb 12.2019 Signature Signa u e of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: � Corporate Officer — Title(s): F1 Partner — F_ Limited L! General 1 Individual Lj Attorney in Fact C Trustee ❑ Guardian or Conservator i:. Other: Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): r-' Partner — L✓ Limited is=l General Individual Attorney in Fact .,,, Trustee C I Guardian or Conservator 11 Other: Signer is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5997 Exhibit A WORKS OF IMPROVEMENT CERTIFICATION OF PARTIAL. COMPLETION OF SUBDIVISION IMPROVEMENTS FTM 17655 I hereby certifiy that the following improvements in the Oliva Subdivision Final Tract Map 17655 have been completed, to wit: Schedule of Improvements Percent Complete Remaining Amount or Bond Amount Exhibit B Street Improvements $ 204,000.00 0.0% $ 204,000.00 Exhibit C Water Improvements $ 142,000.00 0.0% $ 142,000.00 Exhibit D Sewer Improvements $ 143,000.00 0.0% $ 143,000.00 Exhibit E Drainage Improvements $ 247,000.00 0.0% $ 247,000.00 Exhibit F Landscape and Irrigation $ 918,000.00 0.0% $ 518,000.00 Exhibit G Monumentation $ 13,000.00 0.0% $ 13,000.00 Total Works of Improvement $ 1,6fi7,000,00 $ 1,667,000.00 Exhibit B Street improvements The Performance Bond is for the amount of Two hundred and four thousand and no/100 dollars $ 204,000,00 The Laborers and Materialmens Bond is for the amount of no/100 dollars Exhibit C Water Improvements Two hundred and four thousand and $ 204, 000.00 The Performance Bond is for the amount of One hundred and forty-two thousand and no1100 dollars $ 142,000.00 The Laborers and Materialmens Bond is for the amount of and no/100 dollars Exhibit D Sewer Improvements One hundred and forty-two thousand $ 142, 000.00 The Performance Bond is for the amount of One hundred and fork -three thousand and no/100 dollars $ 143, 000.00 The Laborers and Materialmens Bond is for the amount of and no/100 dollars Subdivision Improvements Agreement 0148 Subdivision, FTM 17655 One hundred and forty-three thousand $ 143,000.00 1 of 9 Exhibit A Exhibit E Drainage improvements The Performance Bond is for the amount of Two hundred and forty-seven thousand and no1100 dollars $ 247,000,00 The Laborers and Materialmens Bond is for the amount of and no/100 dollars Exhibit F Landscape and Irrigation Two hundred and fo ,seven thousanc $ 247,000.00 The Performance Bond is for the amount of Dine hundred and eighteen thousand and no/100 dollars $ 918,000.00 The Laborers and Materialmens Bond is for the amount of and no/100 dollars Exhibit G Monurnentation Nine hundred and -eighteen thousand $ 918, 000.00 The Performance Bond is for the amount of Thirteen thousand and no/100 dollars $ The Laborers and Materialmens Bond is for the amount of dollars SUBMITTED BY ENGINEER OF RECORD 13, 000.00 Thirteen thousand and no/100 $ 13,000,00 I estimate the total cost of completing the remainder of the in -Tract FTM 17655 improvements, agreed to be performed by the Owner and Subdivider to be One million, six hundred and sixty and no/100 dollars $ 1,667,000.00 DATED: 11 ACCEPTED BY CITY DATED::` a � No, 3879 D E Staley, RCE 38796 Exp. 3/3V115 Exp. 03/31/15Hunsakerand Assoicates, Inc. `'� Three Hughes € i' _. " y, Irvine, CA 92618 in, P.E. lic Works Director Subdivision Improvements Agreement Oliva subdivision, FTIA 17655 2 of 9 Exhibit A Exhibit B SCHEDULE OF STREET IMPROVEMENTS Owner and Subdivider agree to improve all streets and roads within the Final Tract Map 17655 of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Pians for Tract 17655, Street Plan" thereof approved by the City Engineer on February 26, 2015, and as set forth in the following Schedule of Street Improvements,- Item mprovements; Item Description Quantity Units Unit Cost Total Cost 4" AC 28,930 SF $ 2.00 $ 57,860.00 8" AB 28,930 SF $ 1.50 $ 43,395.00 4" ROLLED CURB & GUTTER 1,095 LF $ 15.50 $ 16,972.50 4" P.C.C. SIDEWALK 5,812 SF $ 4.08 $ 23,712.96 6" CURB & GUTTER 360 LF $ 20.00 $ 7,200.00 4" ROLLED CURB & 12" CONCRETE SAND 214 LF $ 15.50 $ 3,317.00 CONCRETE ROLLED CURB TRANSITION 8 EA $ 150.00 $ 1,200.00 "BEGIN NO PARKING FIRE LANE" SIGN 2 EA $ 200.00 $ 400.00 "END NO PARKING FIRE LANE" SIGN 2 EA $ 200.00 $ 400.00 LOCAL DEPRESSION STD 360 5 EA $ 1,400.00 $ 7,000.00 STREET LIGHT 3 EA $ 2,513.00 $ 7,539.00 STREET NAME SIGN 1 EA $ 300.00 $ 300.00 4" THERMOPLASTIC DOUBLE YELLOW WITH "CHEVRON MARKINGS" 50 LF $ 5.00 $ 250.00 REMOVE TEMP, 2"X6" REDWOOD HEADER 28 LF $ 2.50 $ 70.00 $ - $ - Subtotal Street Improvement Cost (rounded 1,000) 10% Contingency 10% Soft Cost (CM, insp, Survey, Admin) Total Street Improvement Cost Subdivision Improvements Agreement Oliva Subdivision, FTM 17655 $ 170,040.00 $ 17, 000.00 $ 17,000.00 $ 204,000,00 3of9 Exhibit B Exhibit C SCHEDULE OF WATER IMPROVEMENTS Owner and Subdivider agree to install the Water distribution system within the Final Tract map 17655 of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17655, Water and Sewer Pian" thereof approved by the City Engineer on February 24, 2015, and as set forth in the following Schedule of Water Improvements: item Description Quantity Units Unit Cost Total Cost FURNISH AND INSTALL 8" PVC WATER PIPE 648 LF $ 120.00 $ 77,760.00 INSTALL 1" WATER SERVICE 11 EA $ 650.00 $ 7,150.00 INSTALL 1" WATER SERVICE Wl TRAFFIC LID 3 EA $ 750.00 $ 2,250.00 THRUST BLOCK 3 EA $ 300.,00 $ 900.00 REMOVE TEMPORARY PLUG AND JOIN 1 I EA $ 500.00 $ 500.00 INSTALL V AIR & VACUUM RELIEF 7 VALVE 1 EA $ 3,000.00 $ 3,000.00 INSTALL 8" RE=SILIENT WEDGE GATE VALVE 3 EA $ 5,500.00 $ 16,500.00 INSTALL 8"X8%8" DIP TEE 1 EA INCL $ 1.00 INSTALL FIRE HYDRANT 1 EA $ 5,000.0 $ 5,000.00 INSTALL 2" SLOW -OFF 1 EA $ 4,000.00 $ 4,000.00 PLUG END 2 EA $ 500.00 $ 1,000.00 $ Subtotal Water Improvement Cost (rounded 1,000) 10% Contingency 10% Soft Cost (CM, Insp, Survey, Admin) Total Water Improvements Cost Subdivision Improvements Agreement Oliva Subdivision, FTM 17655 $ 118,000.00 $ 11,800.00 $ 11,800.00 $ 142,000.00 4ot9 Exhibit C Exhibit D SCHEDULE OF SEWER IMPROVEMENTS Owner and Subdivider agree to install the sewer collection and disposal system within the Final Tract Map 17665 of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "improvement Pians for Tract 17655, Water and Sewer Pian" thereof approved by the City Engineer on Febraury 24, 2015, and as set forth in the Schedule of of Sewer Improvements: Item Description Quantity Unit Unit Price Total Cost SEWER IMPROVEMENTS 8" PVC SDR 35 687 LF $ 80.00 $ 54,960.00 48" STANDARD MANHOLE 5 EA $ 10,000:00 $ 50,000.00 4" PVC SEWER SDR 35 LATERAL 467 LF $ 30.00 $ 14,010.00 REMOVE EXISTING PLUG AND JOIN 1 EA $ 500.00 $ 500.00 $ $ SUB -TOTAL SEWER IMPROVEMENTS $ 119,000.00 10% Contingency $11,900.00 10% Soft Cost (CM, Insp, Survey, Admin) $11,900.00 TOTAL SEWER IMPROVEMENTS $ 143,000.00 Subdivision Improvements Agreement 5 of 9 Oliva Subdivision, FTM 17655 Exhibit ID Exhibit E SCHEDULE OF DRAINAGE IMPROVEMENTS Owner and Subdivider agree to install the Drainage improvements within the Final Tract Map 17655 of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17655, Drainage Plan" thereof approved by the City Engineer on February 26, 2015, and as set forth in the following Schedule of Drainage Improvements: Item Description Quantity Unit Unit Price Total Cost STORM DRAIN IMPROVEMENTS 12" PVC 781 LF $ 40.00 $ 31,240.00 24" RCP 296 LF $ 60.00 $ 17,760.00 18" RCP 166 LF $ 50.00 $ 8,300.00 JUNCTION STRUCTURE TYPE 4 6 EA $ 3,000.00 $ 18,000.00 CONCRETE COLLAR 5 EA $ 750.00 $ 3,750.00 36" RCP 272 LF $ 70.00 $ 19,040.00 CATCH BASIN INLET TYPE 11 (141 1 EA $ 7,000.00 $ 7,000.00 CATCH BASIN INLET TYPE 11 (21') 1 EA $ 8,000,00 $ 8,000.00 CATCH BASIN INLET TYPE 11 (T) 1 EA $ 6,000-00 $ 6,000.00 STD. CLEAN-OUT 35 EA $ 800.00 $ 28,000.00 6" PVC 185 LF $ 20.00 $ 3,700.00 8" PVC 332 LF $ 30.00 $ 9,960.00 STEEL PLATE 1 EA $ 750.00 $ 750.00 PVC 8"X8"X6" TEE 3 EA $ 500.00 $ 1,500.00 PVC TO C.B, CONNECTION 6 EA $ 750.00 $ 4,500.00 PVC 30° ELBOW 3 EA $ 500.00 $ 1,500.00 PVC 12"X1 2$$X6" TEE 6 EA $ 1,000-00 $ 6,000.00 CATCH BASIN INLET TYPE (21') 1 EA $ 8,000.00 $ 8,000.00 MODIFIED INLET PER SPPWC STD. PLAN NO, 300-3 1 EA $ 8,000.00 $ 8,000.00 12" PVC CONNECTION TO 18" RCP 1 EA $ 750,00 $ 750.00 BLANKET PROTECTION FOR PIPE 2 EA $ 475A0 $ 950.00 REMOVE PLUG AND JOIN 3 EA $ 500.00 $ 1,500.00 DRAIN PIPE AND MISER 1 EA $ 5,000.00 $ 5,000,00 RIP -RAP 100 SF $ 10.00 $ 1,000.00 HEADWALL 2 1 EA $ 3,000.00 $ 6,000,00 SUB -TOTAL STORM DRAIN IMPROVEMENTS 10% Contingency 10% Soft Cost (CM, Insp, Survey, Admin) TOTAL STORM DRAIN IMPROVEMENTS Subdivision Improvements Agreement Oliva Subdivision, FTM 17655 $ 206,000.00 20,600.00 $ 20,600.00 $ 247,000.00 6of9 Exhibit E Exhibit F SCHEDULE OF LANDSCAPE AND IRRIGATION IMPROVEMENTS Owner and Subdivider agree to install the Landscape and Irrigation improvements within the Final Tract Map 17655 of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17655, Landscape and Irrigation Plan" thereof accepted by the City Engineer on January 7, 2015, and as set forth in the following Schedule of Landscape and Irrigation Improvements: Item Description Quantity Units UnIt Cost Total Cost Construction Hardscape 17 EA $ 200.00 $ 3,400.00 Trees (36" box) 0 SF $ - $ Decomposed Granite 1,385 SF $ 6.00 $ 8,310.00 Concrete Sidewalks 7,120 SF $ 6.00 $ 42,720.00 Walls/ Fences 0 EA $ - $ - Perimeter Wall - Slump with Brick Cap 1,248 LF $ 200.00 $ 249,600.00 Transformer Retaining Walls 151 LF $ 100.00 $ 15,100.00 Sideyard Wall Slump with Slump Cap 2,442 LF $ 80.00 $ 195,360.00 Tubular Steel Fence 749 LF $ 20.00 $ 14,980.00 Three Rail Fence at Basin 196 LF $ 200.00 $ 39,200.00 Glass Wall 4' on 18" Slump Wall 393 EA $ 65.00 $ 25,545.00 Pilaster - Slump Block Brick Cap 23 EA $ 850.00 $ 19,550.00 Pilaster - Slump Block Slump Cap 19 EA $ 400.00 $ 7,600.00 Site Features Metal E.V.A. Gates Vehicular 1 ALLOW $ 5,000.00 $ 5,000.00 Construction Total $ 622,965.00 Landscape Trees Trees (24" box) 17 EA $ 200.00 $ 3,400.00 Trees (36" box) 32 EA $ 700.00 $ 22,400.00 Trees (48" box) 0 EA $ - $ Trees (60" box) 2 EA $ 4,800.00 $ 9,000.00 Trees (72" box) 0 EA $ - $ - Trees (108" box) 0 EA $ _ $ - Shrubs - 1 gallon 59 EA $ 7.50 $ 442.50 Shrubs - 5 gallon 1761 EA 1 $ 25.00 $ 4,400.00 Subdivision Improvements Agreement 7 of 9 Oliva Subdivision, FTM 17655 Exh€b€t F Shrubs - 15 gallon 49 EA $ 60.00 $ 2,940.00 Ground Covers 41,000 SF $ 0.35 $ 14,350.00 Bark Mulch 41,000 SF $ 0.25 $ 10,250.00 Automatic Irrigation Shrub Irrigation (spray -head) 41,000 SF $ 1.50 $ 61,500.00 180 Day Maintenance 41,000 5F $ 0.12 $ 4:920.00 Fine Grading and Soil Preparation 41,000 SF $ 0.18 $ 7,380.00 Landscape Total $ 141,682.50 Subtotal Landscape and Irrigation Improvements Cost $ 765,000.00 10% Contingency $ 76,500.00 1.0% Soft Cost (CM, Insp, Survey, Admin) $ 76,500.00 Total Landscape and Irrigation Improvements Cost $ 918,000.00 Subdivision improvements Agreement S of 9 00va Subdivision. FTM 17665 Exhibit F Exhibit G SCHEDULE OF MONUM NTATION Owner and Subdivider agree to install the Survey Monuments within the Final Tract Map 17655 of the Oliva Subdivision as required by the City in accordance with the Final Tract Map 17655 as approved by the City on March 17, 2015 and as set forth in the following Schedule of Monumentation: Item Description Quantity Units Unit Cast Total Cost Monumentation Bond Amount Tr. 17655 1 LS $ 8,850.00 $ 8,850.00 Monumentation Bond Amount Tr. 16146 1 LS $ 2,400,00 $ 2,400.00 $ - $ - $ Subtotal Monumentation Cost $ 11,000.00 20% Contingency $ 1,100,00 10% Soft Cost (CM, Insp, Survey, Admin) $ 1,100.00 Total Monumentation Cost $ 13,000.00 Subdivision Improvements Agreement 9 of 9 Oliva Subdivision, FTM 17655 Exhibit G