Standard Pacific Corporation A2015-121 AGREEMENT FOR THE CONSTRUCTION OF HOA MAINTAINED LANDSCAPING
IMPROVEMENTS
PROJECT: TRACT MAP 15989, VILA BORBA
DEVELOPER: STANDARD PACIFIC CORPORATION
A DELAWARE CORPORATION
WHEREAS, the undersigned Subdivider/Developer ("Subdivider"), has submitted
its final map ("Final Map") for the above-referenced project ("Subdivision") to the City of
Chino Hills ("City") for approval; and
WHEREAS Subdivider has not completed all of the work, or made all of the
improvements required by Title 8 of the San Bernardino County Code (incorporated by
reference into the Chino Hills Municipal Code) or such other ordinances of City requiring
construction of improvements in conjunction with land divisions, subdivisions, and the
like, hereinafter collectively referred to as "said ordinance"; and
WHEREAS Subdivider desires to enter into an agreement to provide for the
completion of the work and making of the improvements and to furnish security for the
performance of this agreement and guarantee the work for a period of one year in
accordance with the provisions of said ordinance;
NOW THEREFORE, in consideration of the approval of said Final Map by City,
and as a condition of such approval, Subdivider promises and agrees at his/her own
expense to do all of the work and make all of the improvements required by said
ordinance as follows:
1. It is understood that the list of work ("Work") and improvements
("Improvements") shown on Exhibit A, attached hereto and incorporated herein by this
reference, is only a general designation of the Work and Improvements and not a
binding description thereof.
2. All of said Work shall be done and Improvements made and completed
which are shown on, and in strict compliance with, applicable plans and specifications
on file with the City's Engineering Department, and any subsequent alterations thereto,
which alterations in said plans, specification and standards and the Work to be
performed may be accomplished without first giving prior notice thereof to Surety, and in
no event shall such change result in exonerating the Surety's obligations. Said Work
shall be done under the inspection of, and to the satisfaction of the City Engineer and/or
other City official as applicable, and shall not be deemed completed until approved and
accepted as completed by the City. Said acceptance of the Improvement shall also
constitute acceptance of any offer of dedication contained herein.
3. Such Work shall be completed and Improvements made in a good and
workmanlike manner within two (2) years from the date of this Agreement and prior to
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the occupancy of the Subdivision, unless such time is extended by the City as set forth
below in paragraph 15.
4. Subdivider further agrees that any and all grading done or to be done in
conjunction with the development of said project shall conform to the requirements of
the Chino Hills Municipal Code and any other applicable ordinances regulating
excavations and fills (e.g., grading regulations) and shall be completed within the period
of time described above and prior to the acceptance by or on behalf of the City of the
Work and Improvements, in order that said Improvements will not be endangered by
improper drainage or other hazards.
5. Subdivider promised and agrees to maintain all of the Improvements to be
constructed under this Agreement in a state of good repair until all of the Work and
Improvements are completed and accepted by or on behalf of the City.
A. Said maintenance shall include, but not be limited to:
(1) Road and Drainage: Repair of pavement, curbs, gutters,
sidewalks, parkways, drainage facilities, and removal of debris from drainage facilities,
sweeping, repairing and maintaining in good and safe conditions all streets and street
improvement.
(2) Sewer System: Repair of sewer system, and removal of debris
from sewer system, repairing and maintaining in good and safe condition all sewer
system improvements.
(3) Water System: Repair and/or removal of debris from the water
system; repairing and maintaining in good and safe condition of the water system
improvements.
B. It shall be Subdivider's responsibility to initiate this work, but if he
should fail to do so he shall promptly perform such maintenance when notified to do so
by the City Engineer.
C. Upon failure of Subdivider to promptly maintain, the City may do all
necessary work required by this paragraph, the cost thereof being chargeable to
Subdivider and Surety under this agreement.
D. Subdivider further agrees under this agreement to indemnify,
protect, defend and hold the City and its officers, employees and agents free and
harmless from any claim, demand, or action for damages, injury, or death, and to
indemnify the City for action for damages, injury, or death, and to indemnify the City for
any loss, cost or expense arising out of or incurred as a result of or in connection with
improper maintenance or dangerous conditions or any act or omission in connection
with any of the maintenance activities required under this paragraph, existing or
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occurring or arising out of any act or omission occurring prior to final acceptance by the
City of all the work and improvements constructed under this agreement.
6. Acquisition of Property for Improvements. With respect to any and all
necessary acquisitions for the improvements that are the subject of this Agreement,
Developer shall be afforded the right to use its best efforts to negotiate such
acquisitions with concerned third parties within 60 days of the filing of the Final Map. If
such efforts by Developer are unsuccessful, it shall notify the City within 60 days of the
filing of the map and, in such notice, shall set forth the nature of the property interest
("Required Property Interest") which the Developer has unsuccessfully sought to
acquire or obtain to satisfy any requirement of this Agreement. The City shall acquire
the Required Property Interest or commence proceedings within 120 days of the filing of
the Final Map in accordance with the provisions of California Code of Civil Procedure
section 1230.010, et seq. The parties hereby agree that, as a condition to the City's
acquiring any required rights-of-way, Developer shall be responsible for, and shall
advance to the City by cash deposit, the fair market value of any land and all Required
Property Interests to be acquired by the City, and shall reimburse the City for all
reasonable additional costs incurred by City in acquisition negotiations or in the exercise
eminent domain with respect to such acquisitions, including, without limitation,
reasonable attorney's fees and costs and a Phase 1 environmental assessment. If the
Developer fails to comply with this provision of this Agreement, then the Developer
waives all rights pursuant to Government Code section 66462.5.
7. The City shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or damage arising out of the Work specified in this
Agreement prior to the completion, approval, and/or acceptance of same; nor shall the
City, nor any officer or employee thereof, be liable for any persons or property injured by
reason of the nature of said Work or by reason of the acts or omissions of the
Subdivider, in performance of said Work. All of said liabilities shall be assumed by the
Subdivider. The Subdivider further agrees to indemnify, protect, defend and save
harmless the City, its agents, officers and employees from and against any and all
liability, expense, including, but not limited to, bodily injury, death, personal injury, or
property damage arising from or connected with the Subdivider operations, to its
services hereunder, including any workers' compensation suits, liability, or expense,
arising from or connected with services by any person pursuant this Agreement, or
arising out of the use of any patent or patented article in said Work.
8. The Subdivider hereby grants to the City, the Surety upon any Bond, the
financial institution of any improvement security, and to the agents, employees, and
contractor of them the irrevocable permission to enter upon the lands of the subject
Subdivision for purpose of completing the Improvement. This permission shall
terminate in the event that the Subdivider, financial institution, or the Surety has
completed the Work within the time specified or any extension thereof granted by the
City Engineer.
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9. It is further agreed that the Subdivider will at the time from the approval of
the Final Map to the completion and acceptance of said Work or Improvement by the
City, give good and adequate warning of each and every dangerous condition caused
by the construction of said Improvements and will protect the traveling public therefrom.
Further, once Work is commenced, it shall be prosecuted in a diligent and workmanlike
manner to completion.
10. The Subdivider hereby agrees to pay for the inspection of such Work and
Improvements as may be required by the City Engineer and/or other City official.
11. The Subdivider shall give notice to the City Engineer at least 24 hours
before beginning any Work and shall furnish said City Engineer all reasonable facilities
for obtaining full information respecting the progress and manner of Work.
12. The Subdivider agrees to grant to the City such easements as are
necessary for the upkeep and maintenance by the City of the Improvements agreed to
be constructed herein.
13. The Subdivider shall perform any changes or alterations in the
construction and installation of such Improvements required by the City, provided that
all such changes or alterations do not exceed ten percent of the original total estimate
cost of such Improvements. Said costs to be borne by the Subdivider.
14. The Subdivider shall guarantee such Improvements for a period of one
year following the completion by the Subdivider and acceptance by the City against any
defective work or labor done or defective materials furnished, in the performance of this
Agreement by the Subdivider.
15. The Subdivider hereby agrees that all of the Work on any City street shall
be completed in accordance with the terms and provisions of Title 14 of the Chino Hills
Municipal Code.
16. If the Subdivider neglects, refused, or fails to prosecute the Work with
such diligence as to ensure its completion within the time specified, or within such
extensions of said time as have been granted by the City Engineer, or if the Subdivider
violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the
plans and specifications, he shall be in default of this Agreement. The determination by
the Community Development Director of the question as to whether any of the terms of
this Agreement or specification have been violated, or have not been performed
satisfactorily, shall be conclusive upon the Subdivider, his Surety, and any and all other
parties who may have any interest in this Agreement or any portion thereof. The
foregoing provisions of this section shall be in addition to all other rights and remedies
available to the City under law. It is further understood and agreed that upon default of
any obligation hereunder, and at any time after any such default, City may make written
demand upon Subdivider to immediately remedy the default or complete the Work.
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A. If said remedial activities or completion of Work are not
commenced within seven (7) days after such demand is made and are not thereafter
diligently prosecuted to completion and fully completed within thirty (30) days after the
making of such demand (or such other time as may be contained in said demand), the
City may then complete or arrange for completion of all remaining Work or conduct such
remedial activity as in the sole judgment of the City may be required, all at the full
expense and obligation of Subdivider and Subdivider's Surety and all without the
necessity of giving any further notice to Subdivider or Subdivider's Surety before the
City performs or arranges for performance of any remaining Work or Improvements, and
whether or not Subdivider or Subdivider's Surety have constructed any of the required
Improvements at that time.
B. In the event the City elects to complete or arrange for completion of
remaining Work and Improvements, the City may require all Work by Subdivider or
Subdivider's Surety to cease in order to permit adequate coordination by the City for
completing any remaining Work and Improvements.
17. It is further agreed by and between the parties hereto that this Agreement
firmly binds the parties, their heirs, executors, administrators, successors or assignees,
jointly and severally.
18. If Subdivider fails to install all or any part of the Improvements required by
this Agreement within the time set forth herein, or fails to comply with any other
obligation contained herein, Subdivider agrees to pay the City's reasonable
administrative expenses and attorney's fees and costs incurred in obtaining compliance
with this Agreement any such expenses and fees incurred in processing any action for
damages or for any other remedies permitted by law.
19. It is agreed that all Work and Improvements done pursuant to this
Agreement shall conform to the standards applicable at the time the Work is actually
commenced.
20. Subdivider shall provide security in amounts as shown for the purposes
set forth below in the amounts set forth on Exhibit A.
A. Guarantee performance under this Agreement.
B. Guarantee payment to any contractors, subcontractors, and
persons furnishing labor, materials, and equipment to them for the performance of the
Work herein described.
C. To guarantee the work for a period of one (1) year following
completion and acceptance thereof against any defective work or labor done, or
defective materials furnished. If said Improvement, payment or guarantee security
becomes insufficient in the opinion of the City, the Subdivider agrees to renew said
security with good and sufficient security within ten days after receiving demand thereof.
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21. Subdivider acknowledges and agrees to the City regulations governing
signs and advertising structures.
A. Subdivider agrees and consents to removal by the City of all signs
erected, placed, or situated in violations of any City ordinance governing size, location,
or required permits.
B. Removal shall be at the expense of the Subdivider and Subdivider
shall indemnify, protect, defend and hold the City free and harmless from any claim or
demand arising out of or incurred as a result of such removal, excepting negligent acts
or omissions by the City, its agents or employees.
C. Subdivider agrees that said signs may be erected only pursuant to
a permit issued by the City upon payment of necessary fees or deposits.
22. Subdivider agrees to immediately notify the City of any transfer of subject
Subdivision tract or of any interest therein whether voluntary or involuntary and agrees
to condition any voluntary transfer of the tract upon prior assumption of the obligations
contained herein by the transferee in form approved by the City. Failure to comply with
the terms of this section shall give the City the right, upon twenty (20) days notice to
Subdivider, to declare a default and thereafter pursue any actions for damages or for
any other remedies permitted by law.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
SUBDIVIDER: Standard Pacific Corporation
a Delaware Corporation
By: Standard Pacific Corporation
a Delaware Corporation
Address: Signature (s) below mu�noed
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355 E. Rincon St..Suite 300 By: f w
Stephanie WH bh'ri Cater;Project Manager
Corona, CA 92879
Phone (951) 898-5500 By:
Joshur. G/'use, Project Manager
CITY OF CHINO HILLS
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CynthiOMOran,Mayor
Date: •?-'a • ;101.5-
ATTEST:
01<ATTEST:
oter
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Cheryl Balz, MMC, City Clerk
APPROVED TO FORM:
Mark tHensley, City Attorney
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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 Riverside t
On March 31, 2015 before me, Jennifer R. Johnson, Notary Public
(insert name and title of the officer)
personally appeared Stephanie M. Fabbri Carter and Joshua A. Gause ,
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 die/she/they executed the same in
hisThef/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.
Q JENNIFER R.JOHNSON
Commission #2053312
WITNESS my hand and official seal. z 4®'$3 t7., Notary Public-California T.
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' Riverside County
"' My Comm.Expires Jan 22.201
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Signature (Seal)
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CALIFORNIA ALL CAPACITY ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF CHINO HILLS
On April 28, 2015, before me, Cheryl Balz, City Clerk the City of Chino
Hills, personally appeared Cynthia Moran, Mayor of the City of Chino Hills, 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 she
executed the same in her authorized capacity and that by her 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
WITNESS my hand and official seal. '
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CHERYL BALZ, CITILERK
CITY OF CHINO HILLS
(SEAL)
EXHIBIT A
HOA MAINTAINED LANDSCAPING IMPROVEMENTS FOR:
TRACT MAP 15989
DEVELOPER: STANDARD PACIFIC CORPORATION
A DELAWARE CORPORATION
(I) Work and Improvements shall consist of: Construction of the HOA Maintained
Landscaping Improvements as shown on the Improvement Plans for the property site
known as Tract Map 15989, located in the City of Chino Hills. The HOA Maintained
Landscaping Improvement plans have been reviewed and approved by the Community
Development Department of the City of Chino Hills.
(II) Security Performance $4,545,263.00
Labor and Material $2,272,632.00
Guarantee/Warranty $1,136,316.00
Said securities shall be in the form of:
Bond
Cash, Bond, Letter of Credit
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