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HomeMy WebLinkAboutA2776 - DUNHAM ET AL TM 16495 Page 1 of 3 Cindy Berardi From: Carol Templeton Sent: Monday, May 06, 2013 3:50 PM To: Cindy Berardi Subject: RE: TM16495 (Ridge Mountain Tract)A2776&2776A Cindy, I looked through the files and made copies.The files should not be in archive at this time. Thanks, Carol Templeton, Engineering Associate City of Palm Springs Engineering Division Direct Line(760) 323-8253 Ext. 8741 Fax Line (760) 322-8360 or 322-8325 Please note new email address: Carol.templeton(apalmspringsca.gov Link to Municipal &Zoning Codes: http://www.gcode.us/codes/palmsprings/view.php NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. CITY HALL IS CLOSED EVERY FRIDAY DUE TO MANDATORY WORK FURLOUGHS. CONFIDENTIALITY NOTICE—This email transmission, and any documents, files, or previous email messages attached to it, may contain information that is confidential or legally priviledged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution, or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at(760) 323-8253 Ext. 8741 or return email and delete the original transmission and its attachments without reading or saving in any manner. From: Cindy Berardi Sent: Monday, May 06, 2013 2:42 PM To: Carol Templeton Subject: FW: TM16495 (Ridge Mountain Tract)A2776&2776A The file(s) are here from storage for you to look through. Cynthia A. Berardi, CIVIC Deputy City Clerk City of Palm Springs P. O. Box 2743 Palm Springs, CA 92263 (760) 323-8204 (760) 322-8332 fax Please note: City Hall is open Monday-Thursday 8:OOam-6:OOpm, and we are closed on Fridays. From: Cindy Berardi Sent: Thursday, May 02, 2013 1:34 PM To: Carol Templeton Subject: RE: TM16495 (Ridge Mountain Tract) A2776 &2776A 5/6/2013 . ....... .......................... Cindy Berardi , From: Carol Templeton Sent: Wednesday, September 29, 2010 10:05 AM To: Cindy Berardi Subject: RE: TM16495: Ridge Mountain (A2776 Arlene E. Dunham SIA) Cindy, I would assume that this can be closed out. We have no bond decrease letters stored in the computer and all of the files are stored in archives (which cost$30 to get out of archive). I have never heard of any problems associated with this project, so I would say close it out. Carol Templeton, Engineering Associate City of Palm Springs Engineering Division Direct (760) 323-8253 Ext. 8741 Fax (760) 322-8360 or 322-8325 Please note new email address: Carol.templeton(cD_pal mspringsca,gov hftp://www.gcode.us/codes/ alms rin s/view. h NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. CONFIDENTIALITY NOTICE —This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at (760) 323-8253 X8741 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. From: Cindy Berardi Sent: Wednesday, September 29, 2010 9:08 AM To: Carol Templeton Subject: TM16495: Ridge Mountain (A2776 Arlene E. Dunham SIA) Can the attached be closed? <<File: A2776 Arlene E. Dunham SIA.pdf» I » , TM 16495 - Arlene E. Dunham Subdivision improvement CITY OF PALM SPRINGS AGREEMENT #2776 CM Signed 10-5-89 SUBDIVISION IMPROVEMENT AGREEMENT -- - - -- - -- THIS AGREEMENT, made and entered into this :S day of 19 ",r' , by and between ARLENE DU_NHAM AND MARCHIONDO, VIGIL AND VOEGLER, hereinafter collectively referred to as "Subdivider" and CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY" ; WITNESSETH: WHEREAS, Subdivider has prepared and filed a final subdivision map of Tract No. 16495 in the City of Palm Springs , County of Riverside, for approval by City; and WHEREAS, as a condition precedent to the approval of said map by City, Sub- divider is required to offer for dedication those parcels of land intended for streets , highways and other public use, and also to construct and install or agree to construct and install certain improvements ; and WHEREAS , Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown on said map; and WHEREAS, City desires to accept the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent: to the acceptance of the dedication of such streets and easements by City, Subdivider is required to enter into an agreement with the City to construct certain improvements; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately $_284,358.00___ _ NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows : 1 . Subdivider, at his sole cost and expense , shall construct and install the street, drainage, domestic water, sanitary sewer and other improvements required to be constructed or agreed to be constructed as a condition precedent to the approval of said final map and acceptance of such streets and easements , as shown on the "Improvement Plans for Tract 16495 11 , a copy of which is now on file in the office of the City Engineer of the City and which is referred to and incorporated herein as though set forth in full . 2. Subdivider shall furnish to City good and sufficient bonds executed by a corporation authorized to transact surety business in the State of California on forms approved by City, one bond in the sum of $ 284,358.00 to assure the faithful performance of this Agreement, and one bond in the sum of $142,179.00 to assure payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby. Both of said bonds shall be deemed exonerated upon acceptance by the City of the improvements , and the furnishing of a maintenance bond at the time of the acceptance in the amount of $ 42,654.00 Said maintenance bond shall remain in effect for a period of one year from date of acceptance of the improve- ments. 3. Before final approval of street improvements , the subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map 0 Subdivision Improvement Agreement Page 2 4. In accordance with the terms of said subdivision regulation aforesaid, the subdivider does hereby agree to furnish a good and sufficient bond in the amount of $ 10,275.00 to guarantee payment of the cost of setting monuments as stated in Item No. 2 of this agreement. 5. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to be con- structed and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. 6. Subdivider shall complete such improvement plans including any correc- tions and revisions thereto necessary to comply with the applicable City standards as determined by the City Engineer, within thirty (30) days after approval of the final map. 7. Subdivider shall perform any changes or alterations in the construc- tion and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. 8. Subdivider shall guarantee such improvements for a period of one year following the completion by Subdivider, and acceptance by City, against any defective work or labor done, or defective materials furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one year period. 9. Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for Tract No. 16495 " by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of commencement. 10. In the event that Subdivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written Notice of Default to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City. 11 . In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. - 12. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify, defend, and hold the City harmless from any Subdivision Improvement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto Have executed this Agreement as of the day and year first above written. SUBDIVIDER: i ��A//�Y••C+i�P.d6/� 9 ld�il��r. GL �� •/�A . By Address city CITY OF PALM SPRINGS , CALIFORNIA IL �- ! City Clerk j,%-o City Mana�jr REVIEWED & APPROVED :�� JERRY J. FICKLI14 • r POWER OF ATTORNEY - GENERAL KNOW ALI. MEN BY THESE PRESENT'S that . . . . . . , . .JERRY J. FICKLIN . ha s made, constituted and appointed, and by these presents does hereby make, constitute and appoint . , .ALVIN.II pl.m w , ' : . . . . . . . . . . . . . . . . . true and lawful Attorney. . .for. . . . . and in. . . . . name , place and stead to ask, demand, sue for, recover, collect- and receive all such sums of money, debts, clues, accounts, legacies, bequests, interests, dividends, annuities, and demnnds whatsoever as are now or shall. hereafter become due, owing, payable, or belonging to the undersigned; and have, use, and take all lawful ways and means in the name of the undersigned, or otherwise, for the recovery thereof, by legal process, and to compro- mise and agree for the same, and grant acquittances or other sufficient discharges for the same, for the undersigned, and in the name of the undersigned to make, seal, and deliver the same; to compromise any and all debts owing by the undersigned, and to convey, transfer, and/or assign any property of any kind or character belonging to the undersigned in satisfaction of any debt owing by us or either of us; to bargin, contract, agree for, purchase, receive and take lands, tenements, hereditaments, and accept the setzen and possession of all lands, and all deeds, and other assurances in the law therefor; and to lease, let, demise, bargain, sell, remise, release, convey, mortgnpe, convey in trust, and hypothecate lands, tenements, and hereditaments, upon such terms and conditions, and under such covenants as said attorney shall think fit; to exchange real or personal property fur other real or personal property, and to execute and deliver the necessary instruments of transfer or conveyance to consummate such exchange; to execute and deliver subordination agreements subordinating any lien, encumbrances or other right in real or personal property to any other lien, encumbrance, or other right thereint also to bargain and agree for, buy, sell., mortgage, hypothecate, convey in trust or otherwise, and in any and every way and manner deal in and with goods, wares and merchandise, choses in actions, and other property in possession or in action, including authority to utilize my eligibility for V A Guaranty; also to transfer, assign, and deliver stock and the certificate or certificates evidencing the ownership of the same; and to make, do, and transact all and every kind of business of what nature and kind soever; and, also, for the undersigned and in the name . . and as the act and deed of the undersigned, to sign, seal, execute, deliver, and acknowledge such deeds, coven- ants, lenses, indentures, agreements, mortgages, deeds of trust, hypothecations, assign- ments, bottomries, charter parties, bills of lading, bills, bonds, notes, receipts, evidences of debts, releases, and satisfactions of mortgage, judgment and other debts, and such other instruments in writing, of whatever kind of nature, as may be reasonable, advisable, necessary, or proper in the premises. .Each and all of the powers herein granted shall be exercised by said Attorney whether the property affected be separate, community, or any other kind of property, or whether now owned or hereafter acquired. THIS POWER OF ATTORNEY PERTAINS ONLY TO THE Giving and granting unto said Attorney. . full Dated: 9/20/39 power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all STATE OF CALIFOnNIA intents and purposes as the undersigned might or couNry oF_______ _SAN MATEO could do if personally present, the undersigned Ca—JERRY.-J. .FICKLLN_ hereby expressly ratifying and confirming all that ,,, , o ,,, , said Attorney shall lawfully do or cause to be done J. Ficklin & A. Haimson (F&H Assoc) Dallas Hall (Lender) & Verdugo Escrow - TM16495 Cash Deposit for Sub Impr AGREEMENT 2776A __CM_sioned_10.-_5-89__ AGREEMENT REGARDING THE DEPOSIT OF MONIES .AS AND FOR A FAITHFUL PERFORMANCE BOND AND A LABOR AND MATERIALS BOND THIS AGREEMENT has been entered into by and among the following parties: a. Jerry J . Ficklin and Alvin I . Haimson , individually, and as General Partners of F & H Associates, a California general partnership , and/or their heirs, successors, assigns and/or nominees (Developer) ; b. The City of Palm Springs, California, a municipal corporation (City) ; C. Dallas R. Hall & Associates, a California corporation (Lender) ; and d. Verdugo Escrow Co. , Inc. , a California corporation and wholly owned subsidiary of One Central Bank (Escrow Holder) ; by virtue of the following facts and circumstances: A. The real property which is the subject of this Agreement is unimproved and is located within the City of Palm Springs, Riverside County, California generally described as tract number 16495 and more particularly described in that; certain First American Title Insurance Company preliminary title report dated as of September 1, 1989 and identified as order number 1839505 . All references to the subject real property shall be as to tract number 16495 as the final subdivision map designation given that property by the City of Palm Springs. As of the date of this Agreement, the record owners thereof are Arlene E. Dunnham, a married woman as her sole and separate property and Marchiondo, Vigil and Voegler, PA, a Mexico corporation (Record Owners) . B. Developer has heretofore entered into a certain Purchase Contract and Receipt for deposit dated May 3 , 1989 pursuant to which Developer as Purchaser has agreed to purchase for consideration the subject real property from its present Record Owners. A condition of Developer' s Purchase Agreement was and is the City' s approval of a final subdivision map for tract 16495 and its recordation. C. On or about September 6, 1959 , the City approved a final subdivision map as to the subject real property and as a condition precedent to such approval required the Record Owners to enter into a certain Subdivision Improvement Agreement dated as of that same date. A true and correct copy of the Subdivision Improvement Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Pursuant to the terms and conditions of the Subdivision Improvement Agreement, the Record Owners agreed to offer for dedication certain streets and easements, to construct and install certain improvements and to furnish good and sufficient bonds or their equivalent to assure faithful performance of the Subdivision Agreement, the payment of labor and materials relative to the improvements to be constructed, the maintenance of improvements for a period of one year, and the placement of monuments. D. Lender has heretofore agreed to provide financing to assist Developer in its acquisition of the subject real property from Record Owners. Additionally, Lender has agreed to provide construction financing to ensure the construction and installation of improvements required under the terms of the aforesaid Subdivision Improvement Agreement. Conditioned upon Developer' s close of escrow with respect to its planned purchase of the subject real property from Record Owners and concurrent recordation of the final approved subdivision map as to tract 16495, Lender has agreed to deposit with Escrow Holder sufficient cash to satisfy all bonding requirements established under the terms of the Subdivision Improvement Agreement. E. Developer has heretofore opened with Escrow Holder escrow number 17536 relative to its proposed purchase of tract 16495. Escrow Holder has concurrently agreed to act as such relative to the deposit of monies by Lender and Developer to be held in satisfaction of the City' s bonding requirements as set forth in the referenced Subdivision Improvement Agreement. The purpose of this Agreement is to confirm the cash deposits of Lender and Developer with Escrow Holder as in lieu bonding requirements under the Subdivision Improvement Agreement as to tract 16495 and, further, to set forth the circumstances and parties under which and to whom the monies on deposit with Escrow Holder shall be disbursed. NOW, THEREFORE, the parties hereto hereby agree as follows: 1. Responsibility of Escrow Holder: The duties of Escrow Holder hereunder shall be limited to the safekeeping of money, instruments or other documents received by it as Escrow Holder and for the disposition of the same in accordance with this Agreement and subsequently executed escrow instructions consistent with this Agreement. Escrow Holder is not to be held 2 liable for the sufficiency or correctness as to form, manner of execution or validity of any instrument deposited in escrow nor as to the identity, authority or rights of any person executing the same nor for failure to comply with any of the provisions of any agreement, contract or other instrument filed with Escrow Holder or referenced herein. Escrow Holder shall accept for deposit all monies placed with it in escrow and shall deposit the same in its own name in interest bearing insured accounts. 2 . Cash Deposits• The aggregate cash deposit to be made by Lender and/or Developer in accordance with the terms of this Agreement shall be the sum of $436, 812 . 3 . Acknowledgment of Cash Deposits as In Lieu Bonding Requirement• The parties to this Agreement hereby acknowledge that the cash deposits to escrow as provided in paragraph 2 above shall be deemed to be in lieu of all City bonding requirements imposed by and under the terms of the Subdivision :Improvement Agreement (Exhibit A) . As a consequence, upon due execution by all parties of this Agreement and the certification by Escrow Holder of its receipt of cash deposits as herein provided, the City shall forthwith release for recordation the final subdivision map as to tract 16495. 4 . Conditions Regarding Disbursement of Monies from Escrow by Escrow Holder: Pursuant to the Subdivision Improvement Agreement relative to the subject real property, performance and payment bonds were and are to be deemed exonerated upon acceptance by the City of constructed and installed improvements and the furnishing of a maintenance bond. In addition, the City' s final approval of street improvements was and is conditioned upon the placement of survey monuments. The cash deposits made with Escrow Holder under the terms of this Agreement shall be maintained and no disbursement therefrom shall be made by Escrow Holder save and except in the event of the following occurrences: a. Developer shall have constructed and installed all improvements, placed all survey monuments, and furnished a maintenance bond within nine months of the date of commencement of construction and installation (or extension thereof by the City, if any) all in accordance with the Subdivision Improvement Agreement. In such instance, the disposition of monies from escrow by Escrow Holder shall be to the order of Developer and Lender. The City shall indicate in writing to Escrow Holder its acceptance of all 3 improvements to be constructed and installed under the terms of the Subdivision Improvement Agreement and disbursement as provided in this subparagraph shall not be made in the absence of such writing. b. Developer shall have caused to be constructed and installed a portion of those improvements required under the terms of the Subdivision Improvement Agreement and the City shall have accepted as partially complete the improvements so constructed or installed . The City agrees to approve a partial release requested, by Developer and Lender so long as the City is reasonably satisfied that such partially completed work conforms with the plans and specification approved by the City, or, if no plans and specifications are required for such work:, then in accordance with good construction practices and in compliance with all laws and regulations of local, federal or state authorities relating thereto. The City may require as a condition precedent to its approval of a partial release that Developer furnish it with receipted bills, invoices or other evidences of expenditures documenting the cost of such partially completed work. The amount of money disbursed upon any such partial release shall not exceed 900 of the cost of improvements actually constructed, installed and accepted by the City. The parties acknowledge that any partial acceptance of improvements and consequent approval for disbursement of monies as provided in this subparagraph shall be deemed to be a partial exoneration only of cash deposits in lieu of bonding requirements. C. The Developer shall have failed to have constructed and installed the improvements or to have furnished the maintenance bond required under the terms of the Subdivision Improvement Agreement within the time periods therein provided (or any extensions thereof) such that Developer was and is in default of said Subdivision Improvement Agreement. The City shall provide Developer and Lender with thirty days ' written notice of the basis for the City's determination of default. That determination of default shall be deemed conclusive on the parties unless Developer and/or Lender shall have commenced steps to complete required improvements within thirty days of the date of written notice and shall have completed all required improvements within one hundred eighty days thereafter. In the event of Developer' s default disbursements shall be made by Escrow Holder to the City or order in whole or partial reimbursement of the costs of construction and installation of all improvements and the furnishing of a maintenance bond required by and under the terms of the Subdivision Improvement Agreement. 4 d. Notwithstanding anything to the contrary herein contained, monies held by Escrow Holder on or after January 1, 1992, if any, shall be released directly to the City to be applied in whole or partial reimbursement of the cost of construction and installation of all improvements required by and under the terms of the Subdivision Improvement Agreement. Escrow Holder shall close this escrow at such time as all monies have been disbursed as herein provided. 5 . Conditions Precedent to the Effectiveness of this Agreement• a. Close of Escrow Number 17536: As noted in Recital E. to this Agreement, Developer proposes to purchase tract 16495 from the Record Owners and will upon purchase assume all of the obligations of the subdivider under the terms of the Subdivision Improvement Agreement. The Developer' s purchase of the subject real property is conditioned upon recordation of the final subdivision map. The Cit:y' s condition to recordation of the final subdivision map is the satisfaction of the bonding requirements imposed under the terms of the Subdivision Improvement Agreement. Notwithstanding the conditions precedent to the effectiveness of this Agreement as to each party set forth below, all parties acknowledge that such conditions must be satisfied or waived so as to make this Agreement fully effective concurrently with the close of Developer's Acquisition Escrow for the subject real property. b. The Developer: This Agreement shall not be effective as to the Developer prior to that date on which it shall have closed escrow with respect to the acquisition of tract 16495 and Developer or its successors and assigns shall be vested with record title as to said real property and shall have assumed the obligations of Record Owners as subdividers under the terms of the Subdivision Improvement Agreement. C. The City• This Agreement shall not be effective as to the City prior to that date on which Escrow Holder acknowledges the receipt of cash deposits, Developer has closed escrow with respect to the acquisition of tract 16495, and Lender shall have acknowledged the effectiveness of this Agreement. d. The Lender• 5 This Agreement shall not be effective as to the Lender prior to that date on which Developer shall have acquired fee simple title as to tract 16495, shall have executed such documents as Lender requires evidencing Developer ' s indebtedness to it, and shall have secured Developer's indebtedness for acquisition, development and construction lending by means of a lien encumbering the subject real property subject solely to such conditions, covenants, restrictions and easements of record as are shown on First American Title Insurance Company preliminary title report dated as of September 1,, 1989, number 1839505, numbered 1 through 8, 12 through 17, and 20 through 22 . e. Escrow Holder: This Agreement shall not be effective as to Escrow Holder prior to that date on which all parties shall have executed this Agreement and monies shall have been deposited into escrow. 6. Indemnification: a. The parties other than Escrow Holder and City hereby agree jointly and severally to pay on demand as well as to indemnify and hold Escrow Holder and City harmless from and against all costs, damages, judgments, attorneys ' fees, expenses, obligations and liabilities of any kind nature which in good faith they may incur or sustain in connection with or arising out of this escrow other than for claims arising out of their own breach of this Agreement or negligence. Escrow Holder and City are hereby given a lien upon the rights, title and interest of each of the other parties and all escrow papers and other property and monies deposited to protect their rights and to indemnify and reimburse them under this Agreement and to pay such reasonable attorneys ' fees and court costs as may be incurred. In the event of cancellation, Escrow Holder shall be paid by the Developer and Lender jointly and severally to reimburse any expenses incurred pursuant to this Agreement. b. Developer hereby expressly agrees to indemnify and hold Lender harmless from and against all costs, damages, judgments , attorneys ' fees , expenses, obligations and liabilities of any kind or nature which it may incur or sustain in connection with or arising out of this escrow (other than for Lender' s own breach of this Agreement or negligence) and/or the failure of Developer to complete the construction and installation of improvements required by and under the terms of the Subdivision Improvement Agreement. Developer expressly acknowledges that it shall provide a deed 6 of trust as a lien encumbering its interest in tract 16495 as provided above to secure •the indemnification herein provided. 7. Draftsmanship: The parties hereby acknowledge that this Agreement has been drafted by the law offices of Bowie & Bruegmann at their joint request. All parties affirmatively acknowledge the advice of said attorneys for each party to seek its own independent legal counsel regarding this Agreement and its effect and no inference regarding construction hereof shall be drawn as to any party because of such draftsmanship. Bowie & Bruegmann also affirmatively disclose that they have previously represented Lender in many transactions and currently represent Lender in other transactions. 8 . Inurement• This Agreement shall be binding upon and inure to the benefit of the parties, their administrators, executors and assigns. 9 . Inter leader Action: In the event conflicting demands are made or notices served upon Escrow Holder with respect to this escrow, the parties expressly agree that Escrow Holder shall have the absolute right at its election to either or both of the following: withhold and stop all further proceedings in performance of this escrow, or file suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate in such court their several claims and rights amongst themselves. In the event such interpleader suit is brought, Escrow Holder shall be fully released and discharged from all obligations to further perform any and all duties or obligations imposed in this escrow and the parties shall jointly and severally agree to pay costs, expenses and reasonable attorneys , fees expended or incurred as a part of said action in interpleader. 10. Destruction of Documents: Escrow Holder is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other materials pertaining to this escrow at the expiration of five years from the date of last monetary activity regardless of the date of any subsequent amendments hereto without liability and without further notice. 11. Escrow Instructions: The parties expressly agree to execute such escrow instructions to Escrow Holder as may reasonably be required to fully implement this Agreement. All of such escrow instructions shall be fully 7 consistent with all of the terms hereof and shall be executed on behalf of each noted party by the following designated individual (s) : City: John Mangione Lender: Dallas R. Hall Developer: Jerry J. Ficklin or Alvin I. Haimson 12 . Other Matters: This Agreement supercedes and replaces any and all prior or contemporaneous agreements or understandings among the parties on these matters; provided, however, that the Subdivision Improvement Agreement shall remain in effect except and to the extent it is modified by this Agreement. This Agreement may not be modified except in writing and signed by all parties. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above set forth. DEVELOPERRpp Au- --1-- JA- ATTEST_,_ ) S � . �---City Clerk CITY APPR VED AS TO FORM f 4joMangione Norm King City Attorney, Cit.Manager LENDER Dallas R. Hall ESCROW HOLDER VERDUGO ESCROW CO. , INC. By halpalm2 . agr 8 �r a.i r� auJ a a ♦ .+L�. Lull\allL 1 lJ LV CITY Of PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 19__,, by and between ARLENE DUNHAM AND MARCHIONDO, VIGIL A_ND. VOEGLER P,A� —__ ___ hereinafter colrectively referred to as "Subdivider" and CITE F PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY" ; WITNESSETH: WHEREAS, Subdivider has prepared and filed a final subdivision map of Tract No. 16495 in the City of Palm Springs , County of Riverside, for approval by City; and WHEREAS, as a condition precedent to the approval of said map by City, Sub- divider is required to offer for dedication those parcels of land intended for streets , highways and other public use, and also to construct and install or agree to construct and install certain improvements; and WHEREAS, Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown on said map; and WHEREAS, City desires to accept the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent to the acceptance of the dedication of such streets and easements by City, Subdivider is required to enter into an agreement with the City to construct certain improvements; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximateliy $_284,358_00__ .�_ s NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1 . Subdivider, at his sole cost and expense, shall construct and install the street, drainage, domestic water, sanitary sewer and other improvements required to be constructed or agreed to be constructed as a condition precedent to the approval of said final map and acceptance of such streets and easements, as shown on the "Improvement Plans for Tract 16496 " , a copy of which is now on file in the office of the City Engineer of the City and which is referred to and incorporated herein as though set forth in full . 2. Subdivider shall furnish to City good and sufficient bonds executed by a corporation authorized to transact surety business in the State of California on forms approved by City, one bond in the sum of $ 284,358.00 to assure the faithful performance of this Agreement, and one bond in the sum of T142,179.00 to assure payment of the cast of the labor and materials for the improvements required to be constructed or installed hereby. Both of said bonds shall be deemed exonerated upon acceptance by the City of the improvements , and the furnishing of a maintenance bond at the time of the acceptance in the amount of $__42,654.00 Said maintenance bond shall remain in effect for a period of one ,year from date of acceptance of the improve- ments. 3. Before final approval of street improvements, the subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map Act and the Subdivision Orclinance of the City of Palm Springs as shown on the Tract Map. Subdivision Improv nt Agreement • Page 2 4. In accordance: with the terms of said subdivision regulation aforesaid, the subdivider does hereby agree to furnish a good and sufficient bond in the amount of $ 10.275.00 to guarantee payment of the cost of setting monuments as stated in Item No. 2 of this agreement. S. The City Engineer or his duly authorized representative, upon written request of Subdivider,, shall inspect the improvements herein agreed to be con- structed and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. 6. Subdivider stiall complete such improvement plans including any correc- tions and revisions thereto necessary to comply with the applicable City standards as determined by the City Engineer, within thirty (30) days after approval of the final map. 7. Subdivider shall perform any changes or alterations in the construc- tion and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. 8. Subdivider shall, guarantee such improvements for a period of one year following the completion by Subdivider, and acceptance by City, against any defective work or labor done, or defective materials furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one year period, 9. Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for Tract No. 16496 " by the City Engineer, and shall complete such construction and rnsfallai:ions within nine (9) months from such date of commencement. 10. In the event that Subdivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written Notice of Default to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City, 11 . In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. 12. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify, defend, and hold the City harmless from any losses, claims, demands, actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed hereunder by fha Suhdivider, includinn rnsta of suit. EEP 13 '89 IE:21 7 R SECRETARIAL P• 19/28 �140 FOR MAINTENANCE OF IMPROVE OTS (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS; That We, ARLENE DUNHAM AND MARCHIOND0. VIGIL AND VQEQLER P.A. as Principal , and as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Forty-two Thousand, Six Hundred Fifty-four Dollars ($42,654 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind our- selves, our heirs, executors and successors , jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that; WHEREAS the Principal has entered into or is about to enter into a written agreement with the City of Palm Springs, pursuant to the authority of the Sub- division Map Act of the State of California, for the improvement of the streets and easements offered for dedication on the final map of TRACT 16495 , and whereas this bond is required by said City in connection with the execution of said agreement. WHEREAS the Principal is requested to guarantee the costs of repair or replacement of defective. improvement construction work or materials within said Subdivision, which guarantee shall remain in effect for a period of one year from the date of acceptance of work by the City of Palm Springs, California. NOW THEREFORE, if the Principal shall for a period of one year from and after the date of completion and acceptance of said work by said City, replace and repair any and all defective materials or defective workmanship with said improvements, then the above obligation to be void; otherwise to remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in- cluded in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be per- formed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of, any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on 3 19 k"�i . Principa �" Surety CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE OF MON NTATION (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We, ARLENE DUNHAM AND MAF_CHIONDO, VIGIL AND VOEGLER, P.A. r as Principal , and as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Ten Thousand, Two Hundred_ Seventy-five Dollars ($_10,275,00 lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said Principal has , or is about to enter into the annexed agreement with the City of Palm Springs pursuant to the provisions of the Subdivision Map Act of the State of California and the Sub- division Ordinance of said City, for the setting of survey monuments in accordance with the provision of Sections 6e495 through 66498 of the Subdivision Map Act and Article 963 of the Subdivision Ordirance of the City of Palm Springs and as shown on the Mal), and WHEREAS the Principal , after setting the monuments, agrees to furnish the City Engineer of the City of Palm Springs written notice of the setting of said monuments and written proofs of having paid the Engineer or Surveyor for the setting of said monuments, all in accordance with the requirements of City's Subdivision Ordinance. NOW THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said agreement on its part to be done and performed at the times and in the manner specified therein, and shall make full payments to all con- tractors, their subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement in the prosecution of the work provided for in said agreement, then the above obligations shall be void and of no effect; otherwise, it Shall be and remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work or improvements to be performed thereunder or to the plans or specifications attached to said agreement shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the agreement or to the work or improvements or to the plans or specifications . In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay in addition to the above specified sum all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. WITNESS OUR HANDS this_ day of 1 , 19 rincipal Surety Attorney-in-Fact S1=F 13 '89 16: 19 J R SECR ARIRL • P. 1?. ' u CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and ARLENE DUNHAM AND MA'RCHIONDO, VIGIL AND VOEGLER, P.A. (hereinafter designated as "principal ' have entered into an agreement whereby principal agrees to install and complete certain designated public improvements , which said agreement, dated 19_, and indentified as project Tract No. 16495 is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontract- ors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Hundred Forty-two Thousand, One Hundred Seventy-nine Dollars (f142,179 , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons , companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this inslt,ument has been duly executed by the principal and surety above named, on�� 3 19 Principal Surety Attorney-in-Fact SEP 13 '69 1E: 19 S R SE4i1RIRL � P. 1E.20 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs , State of California, and ARLENE DUNHAM AND MA_RCHIONDO, VIGIL AND VOEGLER, P.A. (hereinafter designated as "principal" have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as project Tract No.16495 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and , as surety, are held firmly bound unto the City of Palm Springs, hereinafter called ("city") , in the penal sum of Two Hundred Eighty-four Thousand, Two Hundred Fifty-eight dollars ($284 1 258 ) lawful ,noney of the United States , for the payment of which sum well and trul to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents . The condition of this abligation is such that if the above bounded principal , his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions is the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indeinnify and save harmless the City of Palm Springs, its officers, agents and em)loyees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable ,attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be per- formed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has een duly executed byy, the principal and surety above named, on PrinciMil Surety SEP 13 '89 16: 18 J R SECRETARIAL P. 1 -cu Subdivision Improvement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SUBDIVIDER: By: By: Addres City CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED & APPROVED Q ERDUGO ESCROW CO. r , N2 655 6 901E.TAHOUITZ,A105 ESCROW R�EIPT I` PALM SPRINGS,CA 92262 ESCROW NUMBER DATE CHECK IF ,I 17901 10/3189 ❑HOURS I t RECEIVED OF Dallas Hall and Associates a m D F POUR HUNDRED THIRTY THOUSAND, EIGHT HUNDRED TWELVE & NO/ �$LLARS 430 812.00 � U H rc nF wl T ESCROW TRUST Arnr. $430 812000 ACCOUNT341AG4 ABA#F7 I I wired trans N $ CHECKING ACCOUNT NO. Pack owan Haadc7&OWB v`'9raj iCh', CERTIFIED ESCROW OFFICER/MANAGER Ya wholly-owned subsidiary of One Central Bank 1 4� 901 East Tahqultz Way,Palm Springs,CA 92262(619)320-7512 SEP 13 'a 16-21 J R SEf_REl'RRIRL I ;; RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALIf SPRINGS, CALIFORNIA, APPROVING FINAL: SuDIVISION MAP 16495 FOR PROPERTY LOCATE'Q . ON SOUTH PALM CANYOW DRIVE BETWEEN CAHUILLA HILLS AND MURRAY CANYON DRIVE, SECTION 34, 14HEREAS The planning Commission, at its meeting of May 9, 104, recommended approval of Tentative Subdivision Map 16495 requested by • Tail Associates reprosentind 'Arlene E, Dunham for the above described property, subject to condition$ ; WHEREAS the City Ccuncil , at its meeting of June 27, 1904, approved Tentative Subdivision Map 1649.5 subject to conditions ; and i IIHEREAS the City Council' 'finds that Final Subdivision Hap 16495 is in substantial conformance with approved Tentative Subdivision Hap 16495 and has satisfied conditions as required, and is in conformance with the General Plan;•'; and conforms to all requirements of the !j Subdivision Act of the- �tete .of California, NOW THEREFORE BE IT„ RESOGVfiQ that the City Council of the City of Palm 'j Springs does hereby aAprove' Final Subdivision Map 1649S for property herein described and subject to the following condition; that the final subdivision map shall not be recorded until such time as the deed of trust which has been executed as surity for tract improvements is replaced by bonds or do irrevocable letter of credit. ADOPTED this,_'�P�� day of II AYES: , L • .I10E5; ABSENT; ATTEST;, ' CITY OF PALM SPRINGS, CALIFORNIA �! By 4� t �yt erk Oi tY Manger 1I REVIEWED 4 APPROVED;_ I Bond No. AB20054 BOND FOR MAINTENANCE OF IMPROVEMENTS (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We, Jerry J. Ficklin and Alvin I . Haimson Individually and as General Partners of F & H Associates as Principal , and American Star Insurance Company as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Forty-Two Thousand, Six Hundred Fifty-Four Dollars ($42,654) , lawful money of the United States of America, for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that; WHEREAS the Principal has entered into or is about to enter into a written agreement with the City of Palm Springs, pursuant to the authority of the Sub- division Map Act of the State of California, for the improvement of the streets and easements offered for dedication on the final map of TRACT 16495, and whereas this bond is required by said City in connection with the execution of said agreement. WHEREAS the Principal is requested to guarantee the costs of repair or replacement of defective improvement construction work or materials within said Subdivision, which guarantee shall remain in effect for a period of one year from the date of acceptance of work by the City of Palm Springs, California. NOW THEREFORE, if the Principal shall for a period of one year from and after the date of completion and acceptance of said work by said City, replace and repair any and all defective materials or defective workmanship with said improvements, then the above obligation to be void, otherwise to remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable att:orney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and incluripd in ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of San Mateo On this 14th day of June 11 9990 Arlene M. Lawson a notary public in and for the State of California with principal office in the County eof fore me, residing therein,duly commissioned and sworn,personally appeared Robert J. Bri 'M sln teo 1 known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the\ American Star Bnsurance Co' the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. _.C,.�s':.e.,N..2u" F , ' OFFI CIAL SEAL _ i�.2�r� [.1 ,Ip F:H�[' 1u„ 4.e ?� t'2" �= 61�S9 Notary Public NOTA"-UBLIC-CALIFGnPJIA Nq Principal Office in SAtd MATEO County > s-rrs7 spo L ,�"� MY Cornmisslon Expires Oct.20,75?U i • AMERICAN STAR INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having Its principal office in the City of San Francisco, California, does hereby nominate, constitute and appoint: Robert J. Brislin of: Menlo Park, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 which said Resolution has not been amended or rescinded and which the following is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer, with its corporate seal affixed. ..... AMERICAN STAR INSURANCE COMPANY By LlA2 ch% %-' - President " f oN,%. STATE OF CALIFORNIA t COUNTY OF SAN FRANCISCO On this 1st day of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco, duly commissioned and qualified, came Furman K. Stanley, President of the AMERICAN STAR INSURANCE COMPANY to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Francisco, the day and year first above written. oFFlclu.scu ROSE MARIE CARROL Y_1C NOSE PA C—CALIFORNIA S..Francisco County uy C.M,i nFxwas a�� 1.isdo Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporaattee Seal of the Corporation, this 13tf1 day of June 19 90 Secretary 7057 lfi 87) . "••ni.. Bond0. AB20054 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Jerry J. Ficklin and Alvin I . Haimson, individually and as General Partners of F & H Associates, (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated Otober 15, 1989, and identified as project Tract No. 16495, is hereby referred to and made a part hereof, and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and American Star Insurance Company, as surety, are held firmly bound unto the City of Palm Springs, hereinafter called ("City") , in the penal sum of Two Hundred Eighty-Four Thousand, Two Hundred Fifty-Eight dollars ( 284 258. ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal , his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be per- " - ---- `rmmnanvina the same shall in anywise ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA I Countyof San Mateo � ss. On this i y a notary public n and for the State of California with principal office in theCoun before e me, Arlene M. Lawso n residing therein,duly commissioned and sworn,personally a San Mateo a y appeared Robert 7. Bris in known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the American Star Insurance Company the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. OFFICIAL ^ee'u�^A.>•., CIAL, Sc�.5s.'•x:.ry�''9�; OFFI AL EnL �/ /� //i A'.' pay PdtCTd.FiY f�Ut3LlGCP,LlFt�RiJ IA 5 NotaryFu Principal 01fi sdal AN MATEO Count R'� bllc MY Commission Dimms Oct 20 1990 it ' APERICAN STAR INSURANCE COMPANY POWER OF ATTORNEY 'KNOW ALL MEN BYTHESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having its principal office in the City of San Francisco, California, does hereby nominate, constitute and appoint:- Robert J. Brislin of: Menlo Park, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 which said Resolution has not been amended or rescinded and which the following is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attomeys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer, with its corporate seal affixed. rr M. AERICAN STAR INSURANCE COMPANY � pv OR By LliGLo4/ President STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On this 1st day of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco, duly commissioned and qualified, came Furman K. Stanley, President of the AMERICAN STAR INSURANCE COMPANY to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Francisco, the day and year first above written. O L SCAM ROSE MARIE CAR earasr aue UB,!C�c—cauFoauia ` �ifCTAn_1, /It�CJC1C San Francisco County ry ur cmnusoan enwres Jan i.esao Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary,�and affixed the Corporate Seal of the Corporation, this 13tfaiayof dune _ 1990 'O4YUR II,.F Secretary tKA7C _ 7057 (5 87) •Bond No. AB20054 CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Jerry J. Ficklin and Alvin I . Haimson, Individually and as General Partners of F & H Associates (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated October 15, 1989, and identified Tract No. 16495, is hereby referred to any made part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontrac- tors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Hundred Forty-Two Thousand, One Hundred Seventy-Nine Dollars ($142,179. ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suite is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suite brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. ACKNOWILEOGMENT BY SURETY STATE OF CALI1ORh((A ss. County of an ateo On this 14th day of a 1090 ,before me, Arlene M_ lawcnn a notary public in and for the State of California with principal office in the County of San Ma ten \ residing therein,duly commissioned and sworn,personally appeared Robert J. Bri s1 i n known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the American Star lnsurance Company the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. u:..[`.t:.� '14 _,_ ornciar SEAL !,Notary Public r+1_i a� NOWT�IIU "Ut.Lh CA 7�< RNL4 �'> m SAN MATEO County F, My Commission Expires Cct m ?ko N, 5-1157 5/70 OERICAN STAR INSURANCE COMPAIO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having its principal office in the City of San Francisco, California, does hereby nominate, constitute and appoint: Robert J. Brislin of: Menlo Park, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 which said Resolution has not been amended or rescinded and which the following is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer, with its corporate seal affixed. AMERICAN STAR INSURANCE COMPANY r s By =w: President STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO """" On this 1st day- of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco, duly commissioned and qualified, came Furman K. Stanley, President of the AMERICAN STAR INSURANCE COMPANY to me personally ]mown to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Francisco, the day and year fast above written. «�..I� � ^ ROSE MARIE CARROLL -n/1 �.F NOTARY PUBLIC—CALIFORNIA Rr�QJCX San Franclsco county My commz�n FxPrtes Jan.L r�io Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretaarry,,and affixed the Corporaatte,Seal ofthe Corporation, this ? 3t4 day of dune _ 19 90 ••'R lN5[IR I'• C(N �rS:�00.POR1T .F f ,1 Secretary 7057 (5-87) AB20055 BOND OR FAITHFUL PERFORMANCE OF MONUMEIVTATION (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: That We, Jerry J. Ficklin and Alvin I . Haimson, Individually and as General Partners of F & H Associates as Principal , and American Star Insurance Company as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Ten Thousand, Two Hundred Seventy-Five Dollars ($10,275.00) , lawful money of the United States of America, for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said Principal has, or is about to enter into the annexed agreement with the City of Palm Springs pursuant to the provisions of the Subdivision Map Act of the State of California and the Subdivision Ordinance of said City, for the setting of survey monuments in accordance with the provision of Sections 66495 through 66498 of the Subdivision Map Act and Article 963 of the Subdivision Ordinance of the City of Palm Springs and as shown on the Map, and WHEREAS the Principal , after setting the monuments, agrees to furnish the City Engineer of the City of Palm Springs written notice of the setting of said monuments and written proofs of having paid the Engineer or Surveyor for the setting of said monuments, all in accordance with the requirements of City's Subdivision Ordinance. NOW THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said agreement on its part to be done and performed at the times and in the manner specified therein, and shall make full payments to all contractors, their subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement in the prosecution of the work provided -For in said agreement, then the above obligations shall be void and of no effect; otherwise, it shall be and remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work or improvements to be performed thereunder or to the plans or specifications attached to said agreement shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss. Countyof Sap Matee On this I nth day of June before me, 1 qqn a notary public in and for the State of California with principal office in the County of Can Ma tan residing therein,duly commissioned and sworn,personally appeared Robert J. Rr i c 1 i n known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the American Star Insurance Company the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation \ thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. "//' //l 11eL'WBJ�i.'.ry�eklb,cl�l't:Yks.^Ah*LYP:;� // /wy 1 �/ / �y'N wt'wa!tuk'c+f.�:aa o Cal/ 4Y, OFFI CIgL SEAL i r �t�otary Public ��" � f-nncl ldl Oruc❑m.SP AI DdA EO County p 5-11575/70 1�. Rev y s; UnInlission \e fi.pr�Es Oct 20 1°fiU ff ERICAN STAR INSURANCE COMPANO P POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having its principal office in the City of San Francisco, California, does hereby nominate, constitute and appoint: Robert J. Brislin of: Menlo Park, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 which said Resolution has not been amended or rescinded and which the following is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer, with its corporate seal affixed. ti Ra AMERICAN STAR INSURANCE COMPANY PnR "IMF By a�uo J n' President STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO „... On this 1st day of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco, duly commissioned and qualified, came Furman K. Stanley, President of the AMERICAN STAR INSURANCE COMPANY to me personally ]mown to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Francisco, the day and year first above written. ROSE MARIE CARROLL NOTARY PUBLIC—CALIFORNIA C San Francisco county uy commlssinn c.ar:d,n ,,i5vo Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company,do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporattee Seal of the Corporation, this l3th day of ,June 19 90_ - Secretary !rm: 7057 (5-87) "hrm` � MEIMORANDUM DATE : July 9, 1990 TO Cit _ J U L i 0 199n y Clerk ,,,.�, FROM : Cletis McGee, Engineering SUBJECT : TRACT NO. 16495 In Agreement No.2776 and 2776-A, the developer agreed to place a cash deposit in an escrow account in the amount of the required construction bonds. Now they are posting the required bonds in order to release the cash deposit. Please find the following bonds enclosed. CM:md Enclosures: Faithful Performance Bond Faithful Performance of Monumentation Labor & Materials Bond Maintenance of Improvements CITY OF PALM SPRINGS