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PWA lOeveaO?p. Ct? AGREEMENT FOR THE BIPROVEMENT N-2013-022,
<br />OF TRACT NO. 16626
<br />APR 1 0 2013
<br />AGREEMENT, made and entered into this 5"' day of November, 2012, by and between the CITY OF SANTA
<br />ANA, a!municipal corporation of the State of California, hereinafter called CITY, and THE MARKE AT SOUTH
<br />COAST METRO, LLC, a Delaware limited liability company hereinafter called "Subdivider"
<br />WITNESSETH:
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<br />WHEREAS, the City on DecemberX 2007 approved the final map of Tract No. 16626 situated in the City of
<br />Santa Ana, County of Orange, State of California, and accepted the dedications therein offered subject to and on the
<br />condition that INTEGRAL COMMUNITIES I, Inc., a Delaware Corporation (hereinafter "INTEGRAL") first enter into
<br />and execute an offsite improvement agreement, and provide bonds to ensure performance of said agreement; and
<br />WHEREAS, on May 25, 2007 INTEGRAL executed Offsite Improvement Agreement, and provided bonds to
<br />ensure performance of said Agreement; and
<br />WHEREAS, INTEGRAL has completed certain of the required offsite improvements and subsequently
<br />transferred the property rights attached to Tract No. 16626, to Subdivider; and
<br />WHEREAS, Subdivider desires to develop the project and agrees to complete the improvements of all public
<br />or private streets, highways, alleys, bike trails, pedestrian ways or other public ways, easements and drainage, water, and
<br />sanitary sewer facilities which are a part of or appurtenant to the above-mentioned subdivision, including, but not limited
<br />to, the necessary street grading and paving, curbs and gutters, sidewalks, driveway approaches, pipes, catch basins, water
<br />mains, water services, fire hydrants and appurtenances, sanitary sewer mains, laterals and appurtenances, drainage
<br />mains, inlets, laterals and appurtenances, street trees, street name signs, and ornamental street lighting, including electric
<br />conduits and cables, all in accordance with and as required by applicable provisions of the Santa Ana Municipal Code
<br />and in accordance with the approved plans, Standard Specifications for Public Works Construction (AGC-APWA Green
<br />Book) and Supplemental Special provisions; and
<br />NOW, THEREFORE, in order to insure satisfactory performance by Subdivider of its obligations, in order to
<br />meet the requirements of the Santa Ana Municipal Code, and in consideration of the approval of said transfer of the right
<br />to develop Tract No. 16626, the parties hereto do hereby agree as follows:
<br />1. Subdivider shall construct all of the improvements and do all the work hereinabove or hereinafter mentioned,
<br />all in accordance with and to the extent and as provided in the above-mentioned plans, specifications and special
<br />provisions for the construction of the above said improvements in, for, or appurtenant to said subdivision, and in
<br />compliance with City's Municipal Code and the laws of the State of California, and shall complete the same within
<br />twelve (12) months from the date hereof,
<br />2. Subdivider shall, before the issuance of a building permit by City, and as a condition precedent to its issuance,
<br />furnish to the City and file with the City Clerk good and sufficient bonds in a form to be approved by the City Attorney
<br />as follows:
<br />a) securing the faithful performance by Subdivider of all work and the construction of all improvements herein in
<br />this agreement mentioned, and within the time herein specified, the amount of said bond to be
<br />Five Hundred Fifteen Thousand and 00/xx Dollars ($515,000.00),
<br />b) securing the payment by Subdivider of all bills for labor and materials incurred in the construction of any and
<br />all said improvements, and the doing of all work herein agreed to be done by Subdivider, the amount of said
<br />bond to be Two Hundred Fifty Seven Thousand Five Hundred and 00/xx Dollars ($257,500.00),
<br />c) guaranteeing the payment of the cost of setting survey monuments, the amount of said bond to be
<br />Three Thousand Five Hundred and 00/xx Dollars($3,500.00),
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