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HomeMy WebLinkAboutA8590 - TOLL BROTHERS WEST , Inc - Bridge ReplacementCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) First Amendment to Right-of-Way Contract Cody Place Association Dan Kerrigan, President dckerrigan@aol.com APN 508-630-001, CP 12-02, South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel $9,900.00 Extend additional twenty four (24) months to July 1, 2026 N/A Dan Kerrigan, dckerrigan@aol.com Engineering Services Joel Montalvo / Francisco Jaime X8750 August 18, 2020 A8590 First Yes N/A N/A Department N/A No Resolution No. 24652 attached. N/A 10/24/2024 Vonda Teed Docusign Envelope ID: 5B7FB682-02BE-4E9B-B3D5-8B914B61F271 CITY OF PALM SPRINGS, a California charter city and municipal corporation FIRST AMENDMENT TO RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel Project Northeast corner of South Palm Canyon Dr & East Mesquite Ave SBL22370-CGC 508-630-001 Property Address Escrow No. APN 12-02, BRLS-5282 (042) 615600028 Federal Project No. Title Order No. FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT This First Amendment to Right-of-Way Contract (“Amendment”) is entered into by and between the CITY OF PALM SPRINGS, a California charter City and municipal corporation (“City”), (hereinafter, “Grantee”) and Cody Place Association (hereinafter, “Grantor”) regarding certain real property located in City of Palm Springs, (the “City”), the County of Riverside, (the “County”), State of California, (the “State”), which is identified by Assessor Parcel Number(s) 508-630-001, (referred to as the “Property”) in connection with the South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, BRLS- 5282 (042) (“Project”). FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. On or about August 17, 2020, the City of Palm Springs and Grantor entered into a Right-of-Way Contract (“Original Right-of-Way Contract”) related to the City of Palm Springs acquisition of a temporary, non- exclusive construction easement over a portion of the Property, as described on the attached legal description, referenced as APN 508-630-001, Exhibits “A” and “B” shown on the attached maps, (the "Easement Area"), which are attached hereto and incorporated herein by reference respectively, to the Original Right-of-Way Contract. 2. Paragraph 3 of the Original Temporary Construction Easement Agreement provides that the temporary construction easement (“TCE”) shall be for a period of four (4) years (“TCE Term”) from the recordation of the Temporary Construction Easement. 3. The parties desire to extend the Construction Period to allow the City of Palm Springs the ability to complete the requisite Project improvements and construction activities within the TCE. The Construction Period shall be extended for an additional twenty four (24) months commencing on July 1, 2024 and ending on July 1, 2026. (“TCE Extension”). 4. The City of Palm Springs shall pay the undersigned Grantor the sum of NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($9,900.00) (“Additional Compensation”) as consideration for the TCE Extension. 5. The parties to this Amendment shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 28 C.F.R Section 50.3. Docusign Envelope ID: 5B7FB682-02BE-4E9B-B3D5-8B914B61F271 CITY OF PALM SPRINGS, a California charter city and municipal corporation FIRST AMENDMENT TO RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 6. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Amendment. 7. All terms used herein shall have the meanings assigned to them in the Original Temporary Construction Easement Agreement unless the context clearly requires otherwise. 8. All other terms, conditions, releases, and waivers of the Original Temporary Construction Easement Agreement remain in full force and effect. This Amendment does not affect the City of Palm Springs acquisition of, or compensation for the rights acquired under the Original Temporary Construction Easement Agreement. 9. This Amendment may be executed in counterparts, including by facsimile and/or email, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. The bridge contractor, at its sole cost and expense, will be responsible for restoring the TCE Easement Area and protect in place, or replace in kind, any surface improvements within or adjacent to the TCE Easement area. In Witness Whereof, the parties have executed this Amendment on the day and year set forth below. Cody Place Association By: __________________________________ Title: _________________________________ Date: ________________________________ CITY OF PALM SPRINGS, a California charter city and municipal corporation By: __________________________________ Scott C. Stiles, City Manager Date: _________________________________ ATTEST: By: _______________________________ City Clerk APPROVED AS TO FORM: By: _______________________________ Jeffrey S. Ballinger, City Attorney Dan Kerrigan 17/10/24 President Cody Place Homeowners Association Docusign Envelope ID: 5B7FB682-02BE-4E9B-B3D5-8B914B61F271 10/24/2024 CITY OF PALM SPRINGS, a California charter city and municipal corporation FIRST AMENDMENT TO RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. Signature: Email: Dan Kerrigan (Oct 17, 2024 09:52 PDT) Dan Kerrigan dckerrigan@aol.com Docusign Envelope ID: 5B7FB682-02BE-4E9B-B3D5-8B914B61F271 508-630-001 CODY HOA - 1st TCE Amendment 9-25-24 Final Audit Report 2024-10-17 Created:2024-10-08 By:Cydney Ross (cbross@transystems.com) Status:Signed Transaction ID:CBJCHBCAABAANyoPK_TiYjND6xUZjKpoUUBQZZnhZCtY "508-630-001 CODY HOA - 1st TCE Amendment 9-25-24" Histo ry Document created by Cydney Ross (cbross@transystems.com) 2024-10-08 - 4:50:17 PM GMT Document emailed to Dan Kerrigan (dckerrigan@aol.com) for signature 2024-10-08 - 4:50:21 PM GMT Email viewed by Dan Kerrigan (dckerrigan@aol.com) 2024-10-17 - 4:47:24 PM GMT New document URL requested by Dan Kerrigan (dckerrigan@aol.com) 2024-10-17 - 4:47:29 PM GMT Document e-signed by Dan Kerrigan (dckerrigan@aol.com) Signature Date: 2024-10-17 - 4:52:04 PM GMT - Time Source: server Agreement completed. 2024-10-17 - 4:52:04 PM GMT Docusign Envelope ID: 5B7FB682-02BE-4E9B-B3D5-8B914B61F271 Docusign Envelope ID: 5B7FB682-02BE-4E9B-B3D5-8B914B61F271 Docusign Envelope ID: 5B7FB682-02BE-4E9B-B3D5-8B914B61F271 Docusign Envelope ID: 5B7FB682-02BE-4E9B-B3D5-8B914B61F271 LamycrsT fle �OUbSazS`� RECORDING REQUESTED BY f City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 FREE RECORDING: DOCUMENTARY TRANSFER TAX $0.00) (Govt. Code 6103, 27383 and Rev. & Tax Code 11922) fie# . Ot 1- osl DOC # 2020-0453037 09/23/2020 04:34 PM Fees: $0.00 Page 1 of 9 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: TERESA #134 D TEMPORARY CONSTRUCTION EASEMENT (Non -Exclusive) FOR RECORDER'S USE) For a valuable consideration receipt of which is hereby acknowledged, TOLL WEST INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TOLL BROTHERS WEST INC. A DELAWARE CORPORATION ("Grantor") hereby grants unto City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, ("City" and/or "Grantee"), its successors and assigns, a non-exclusive construction easement, on a temporary basis, to enter and utilize certain real property in the City of Palm Springs, County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made part hereof (collectively, the "Easement Area"). This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel, City Project No. Project No: 12-02, BRLS-5282 (042) a public project (the "Project'), and gives City, its successors and assigns, including City's contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and underthe Easement Area. This TEMPORARY CONSTRUCTION EASEMENT incorporates by reference the terms of that certain Temporary Construction Easement Agreement between Grantor and Grantee of even date herewith. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall automatically expire without the need of any further actions from Grantor or Grantee on the earlier of (1) recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office or (2) the date which is four (4) years from the recordation of this TEMPORARY CONSTRUCTION EASEMENT. At the expiration of the TEMPORARY CONSTRUCTION EASEMENT, City shall restore the Easement Area to the substantially same condition that existed before construction, unless otherwise agreed to by the Grantor. Executed this day of , 20-M La co ycrs7T fte �P U(bSD2 s7 RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 FREE RECORDING: DOCUMENTARY TRANSFER TAX $0.00) (Govt. Code 6103, 27383 and Rev. & Tax Code 11922) APN: 508-630-001 IP-Olr of i- oS;I (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TEMPORARY CONSTRUCTION EASEMENT (Non -Exclusive) For a valuable consideration receipt of which is hereby acknowledged, TOLL WEST INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TOLL BROTHERS WEST INC. A DELAWARE CORPORATION ("Grantor") hereby grants unto City of Palm Springs, a California charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, ("City" and/or "Grantee"), its successors and assigns, a non-exclusive construction easement, on a temporary basis, to enter and utilize certain real property in the City of Palm Springs, County of Riverside, State of California described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made part hereof (collectively, the "Easement Area"). This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel, City Project No. Project No: 12-02, BRLS-5282 (042) a public project (the "Project"), and gives City, its successors and assigns, including City's contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Easement Area. This TEMPORARY CONSTRUCTION EASEMENT incorporates by reference the terms of that certain Temporary Construction Easement Agreement between Grantor and Grantee of even date herewith. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall automatically expire without the need of any further actions from Grantor or Grantee on the earlier of (1) recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office or (2) the date which is four (4) years from the recordation of this TEMPORARY CONSTRUCTION EASEMENT. At the expiration of the TEMPORARY CONSTRUCTION EASEMENT, City shall restore the Easement Area to the substantially same condition that existed before construction, unless otherwise agreed to by the Grantor. Executed this day of , 20 TOLL WEST INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TOLL BROTHERS WEST, INC., A DELAWARE CORPORATION aw-� llvl-� By: Name: A eat c�C�n15cJ�- Its: V;c. P*"eslde.4t By: Name: Its: Dated: c�w/^J a2 7 �Zoa O Dated: /_1 Mw1 Z Z*14 =FM :/ MCA 4=11Z�il W N11 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 CAL / 4ln t A' Countyof N,, ,-�- /�! On �(` �D before me, / / l Ul m ' j P,�Lb �IL Date If - r Name, Title of Officer personally appeared r li _ _✓ u n 1k,4 NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. MICHELE DIANE TAYLOR Notary Public • Calitornla I *my Rtverd& County Comm. Expkes Apr 23, 202� Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than Named Above DATE of DOCUMENT Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT: THAT PORTION OF LOT 1 AS SHOWN BY TRACT MAP NO. 33575, FILED JULY 23, 2015 ON FILE IN BOOK 446, PAGES 17 TO 20, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT "A" OF SAID TRACT MAP, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH PALM CANYON DRIVE (50.00 FEET HALF WIDTH EASTERLY) AS SHOWN ON SAID TRACT MAP, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1005.37 FEET, THE RADIAL LINE TO SAID BEARS SOUTH 79003'46" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 00041'49", AN ARC DISTANCE OF 12.23 FEET FOR THE TRUE POINT OF BEGINNING, THE RADIAL LINE TO SAID POINT BEARS SOUTH 79°45'35" EAST; THENCE SOUTH 71 °37' 19" EAST, A DISTANCE OF 0.51 FEET; THENCE NORTH 17049' 13" EAST, A DISTANCE OF 13.87 FEET; THENCE NORTH 8021'40" EAST, A DISTANCE OF 36.86 FEET; THENCE NORTH 5046'24" EAST, A DISTANCE OF 31.11 FEET; THENCE NORTH 17016'16" EAST, A DISTANCE OF 14.33 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1010.37 FEET, THE RADIAL LINE TO SAID POINT BEARS SOUTH 85011'52" EAST SAID CURVE BEING CONCENTRIC WITH AND 55.00 FEET EASTERLY, MEASURED RADIALLY FROM THE CENTERLINE OF SAID PALM CANYON DRIVE; THENCE NORTHERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 504936", AN ARC DISTANCE OF 102.75 FEET; THENCE NORTH 01 °01'27" EAST, A DISTANCE OF 6.20 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 1, SAID LINE ALSO BEING THE NORTHEASTERLY TRACT BOUNDARY LINE OF SAID TRACT MAP; Page 1 of 2 G:12014114-02621DrmvingsLLlappinglLegal and Plat Plols4TCD14-0262-TCE Legal.docx Albert A. Webb Associates EXHIBIT "A" LEGAL DESCRIPTION THENCE NORTH 70056'57" WEST ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 5.32 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE; THENCE SOUTH 01001'27" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 8.03 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1005.37 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT OF WAY LINE, TO THE RIGHT, THROUGH CENTRAL ANGLE OF 11 ° 15'53', AN ARC DISTANCE OF 197.66 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 766.77 SQUARE FEET, MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION O LAND S h� �L E. JD G� 3/05/20 4 Michael E. Johnson, L.S. 7673 Date o J .Z7 Prepared By: AL NO. 7673 Checked By: SrgrE' OF CALIF���\P Page 2 of 2 G:12014V4-0262�DrcnvingslA4appinglLegal and Plat Plo&TCEV4-0262-TCE Legal.docx Albert A. Webb Associates Exhibit "B" DEPICTION OF THE EASEMENT AREA N WA 0 E EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT N70'56'57"W 5.32' PARCEL 6060-117 PER IRS 77/1-5 NOTES I S1'01'27"E 8.03 () RECORD DATA PER MB 446/17-20. 1O VERIZON EASEMENT PER INST. #2016-324108, REC. 8/01 /2016. O2 EASEMENT TO DESERT WATER AGENCY PER INST. #2015-463273, REC. 11 /05/2015. 3O PUBLIC UTILITY EASEMENT DEDICATED ON MB 446/17-20. CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 1005.37' 0'41'49" 12.23' 3/05/20 SEC. 23, T4S, R4E, SBM A L B E R T A. 4 50' 10' OLD R/W — I 55, �I EXISTING R/W� ql m U .c n v x I a � � o 0 o LOT "B" �I TPOB I ' S79.45'35"E(R) I 10'--1 1 " = 40' I 20 0 40 %Q�Z.T2 CR RcE4 ?ZIP, 60 C — — — peR RS'1eNEL Rec. 4120 3` 4 3 \/1g 32? 5' &R cr BOU NFCY Cl ,, Ry UNE `N1'01'27"W 6.20' TRACT NO. 33575 MB 446/17-20 TCE 766.77 SQ. FT S85' 11 '52'_E(R) 3 �N17'16'16"E 14.33' j N5'46'24"E 31.11' LOT 1 —N8721'40"E 36.86' /,--N17'49'13"E 13.87' RREF II -DC CAMERON, LLC -S71'37'19"E 0.51' APN 508-630-001 �— POCi NW COR. OF LOT "A" LOT MB 446/17-20 1 C-4AfERCN LOT "A" CE N?'ER D.R. CITY OF PALM SPRINGS A S S 0 C I A T E S I G:\2014\14 0262\Drowings\Dapping\Legal and Plat Plots\TCE\14-0262- TCE.dwg 3/5/2020 9:48 AU THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W'O' ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. SHEET OF 1 14-262 SCALE: 1 "=40' DRWN BY ALR DATE 3 3 2020 SUBJECT: TEMPORARY CONSTRUCTION EASEMENT 0 BY MEJ DATE 3 020 City Springsof Palm Office of the City Clerk 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8204 • Fax: (760) 322-8332 • Web: www.palmspringsca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the following: TEMPORARY CONSTRUCTION EASEMENT Dated: 0Szv 'oZ.D From: TOLL WEST INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TOLL BROTHERS WEST, INC., A DELAWARE CORPORATION Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this ZO+',- day of Ir�SA- 202p pursuant to authority granted by the City Council of said City, by Resolution No. Zq &5 *A_ made on the'Z*a day of o�,a,�i, 2019 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this "day of Ae ✓S�, 20 2 to CV rAnth y Mejia City !Clerk p f� �o! n f lY ON Rtvp PETER ALDANA Recorder P.O. BOX 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 Website: wwxv.riversideacr.com NrvC I, - DOCUMENTARY TRANSFER TAX AFFIDAVIT WARNING ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE. ASSESSOR'S PARCEL NO. 508- --630_ --001 I declare that the documentary transfer tax for this Property Address: pin- 508-630-001 transaction is: $000 If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below. I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECA USE. (The Sections listed below are taken from the Revenue and Taxation Code with the exception of items 9 and 10 which are taken from Riverside County Ordinance 516). Please check one or explain in "Other'. 1. Section 11911. The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor. 2. Section 11911. The conveyance transfers to a revocable living trust by the grantor or from a revocable living trust to a beneficiary. 3. Section 11921. The conveyance was given to secure a debt. 4. x Section 11922. The conveyance is to a governmental entity or political subdivision. 5. Section 11925. The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held. 6. Section 11926. The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt. 7. Section 11927. The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption. This form may be used for that purpose.) 8. Section 11930. The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Also, certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form 709 (Federal Gift Tax Return) with the Internal Revenue Service. 9. Section 8. The easement is IMLperpetual, permanent, or for life. 10. Section 9. The document is a lease for a term of lgILthan (35) years (including written options.) 11. Other (Include explanation and legal authority) I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. i Exejis day of 74PIJ� 201 at San Bern rdino, CA City State Colleen ',rav _c Signature of Printed Name of Affiant Name of Fi (if applicable) Address of Affiant including City, State, and Zip Code) 909-963-5599 Telephone Number of Affiant (including area code) This form is subject to the California Public Records Act (Government Code 6250 et. seq.) For Recorder's Use Affix PCOR Label Here ACR 52.1. (Rev. 11/2014) Available In Alternate Formats 2 Originals: Escrow Information — TCE Agreement Contract CONTRACT ABSTRACT Company Name: Toll Brothers West, Inc. Company Contact: Allen Janisch, Vice President Summary of Services: APN 508-630-001, CP 12-02, South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel Contract Price: $6,660.00 Funding Source: 134-4497-50317; 134-4498-50317; 261-4491-50317 Contract Term: Four (4) years Contract Administration Lead Department: Development Services — Engineering Division Contract Administrator: Joel Montalvo/Donn Uyeno Contract Approvals City Manager Approval: 08/18/2020 Resolution Number: 24652 Agreement Number: A8590 Contract Compliance Exhibits: N/A Signatures: Attached Insurance: N/A Bonds: N/A Submitted on: 08/26/2020 By: Vonda Teed o< SBL22302 AS of 8/26/2020 18:52:� W (-`i Page 1 j Lawyers Title Company • 1625 E. Carnegie Drive, Suite 105 San Bernardino CA 92408 ' LawyersTit e• Phone: (909) 88 Fax: (909) 963-5589 " Escrow officer: Colleen Graves SBL22302-CGC Escrow officer Email: cgraves@Itic.com Buyer's / Borrower's Settlement Statement - Estimated Property:APN: 508-630-001 , Palm Springs, CA Closed Date: Est. Closing Date: 8/31/2020 Loan Number: Buyer: City of Palm Springs Escrow Number: SBL22302-CGC Debits Credits Purchase Price Purchase Price $5,520.00 Escrow Fees Escrow Fees to Lawyers Title Co $630.00 Title Charges Owner's Coverage ($5,520) to Lawyers Title Company $396.00 Recording Fees / Transfer Taxes Recording Service Fee to Simplifile $14.00 Additional Services Additional Deposit for Final Calculations at Close $100.00 Balance Due $6,660.00 Totals: $6,660.00 $6,660.00 This is an estimated closing statement and is subject to changes, corrections or additions at the time of final closing. Signed on this day of 7zziv� By: Marcus L. Fuller, Assistant City Manager APPROVED AS TO FORM NEY A ST: ity Clerk APPROVED BY CITY MANAGER ._Iwo i P Lawyers Title Escrow Division 625 E. Carnegie Drive, Suite 105 San Bernardino, CA 92408 Phone: (909) 963-5588 Fax:(866) 696-3389 Escrow Officer: Colleen Graves Escrow Officer's e-mail: cgraves@ltic.com Escrow Number: SBL22302 - LT143 - CGC Date: August 24, 2020 Property Address: APN: 508-630-001 , Palm Springs CA, Escrow Officer: Colleen Graves For Credit To: City of Palm Springs WIRE TRANSFER INSTRUCTIONS The following information is provided to you, per your request, in order to send a WIRE TRANSFER to Lawyers Title Company Bank Name/Address: BANK ROUTING Number: CREDIT TO: Branch / Account Number City National Bank 555 South Flower St. 17th Floor Los Angeles, Ca. 90071 122016066 Lawyers Title Company 555295596 For Further Credit to Escrow No: SBL22302 - 143 Attention: Colleen Graves All information must be EXACT or a delay in your wired funds may occur, which may also delay the closing of your escrow transaction. Funds required for this transaction, in order to be immediately credited to your escrow, must be sent in the form of a wire transfer. Note: Any electronic funds attempted to be sent via Automated Clearing House ("ACH") will be reiected and sent back to the originators account. The process of rejecting an ACH may take anywhere from 5-10 days, which will result in the delay of your closing. Neither Lawyers Title Company, or the bank mentioned above, will assume any liability for delays in your wire due to incorrect information or the return of an ACH transfer. If there are any questions regarding the wire transfer of your funds, please do not hesitate to contact our office our bank named above. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT PROJECT: South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel CITY PROJECT NO: 12-02 FEDERAL PROJECT NO: BRLS-5282 (042) APN(s): 508-630-001 TEMPORARY CO $TRUCTION EASEMENT AGREEMENT, (the "Agreement"), is made and made this A9 day of �.� 20� by and between the CITY OF PALM SPRINGS, a California charter ity and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the "City" and/or "Grantee", TOLL WEST INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TOLL BROTHERS WEST, INC., A DELAWARE CORPORATION, hereinafter designated as the "Grantor". City/Grantee and Grantor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. Grantor is the owner of certain real property located in the City of Palm Springs, (the "City"), the County of Riverside, (the "County"), State of California, (the "State"), which is identified by Assessor Parcel Number(s) 508-630-001, (referred to as the "Property"). B. Grantee desires to obtain from Grantor a temporary, non-exclusive construction easement over a portion of the Property, and Grantor hereby agrees to authorize Grantee and its assignees, including its contractor(s), to enter, for a limited duration and term subject to the conditions herein this Agreement, a portion of the Property as described on the attached legal description, referenced as Exhibit "A", and shown on the attached map, referenced as Exhibit "B", (the "Easement Area"), which are attached hereto and incorporated herein by reference. C. The Parties desire by this Agreement to provide the terms and conditions for the Grantee's acquisition from Grantor of a Temporary Construction Easement, as defined below, over the Easement Area. AGREEMENT NOW, THEREFORE, in consideration of performance by the Parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Grantor hereby grants to City and its assignees, including its contractor(s), a non- exclusive easement to enter upon and use Grantor's Property in the City of Palm Temporary Construction Easement Agreement Springs, Riverside County, State of California, described as Assessor's Parcel Number(s) 508-630-001 for all purposes necessary to facilitate and accomplish the construction and installation of various public street improvements ("Temporary Construction Easement") associated with the South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, Federal Project BRLS-5282 (042), ("Project"). 2. The Easement Area for the Temporary Construction Easement, used during construction of the Project consists of approximately 766.77 square feet. 3 It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Easement Area by the Grantee, including the right to remove and dispose of improvements as necessary to construct the Project, shall commence on the close of escrow controlling this transaction, and the amount shown in Section 14 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. The Temporary Construction Easement will automatically expire without the need of any further action from the parties on the earlier of (i) the City's recordation of a Notice of Completion for the Project with the Riverside County Recorder's Office or (ii) the date which if four (4) years from the recordation of the Temporary Construction Easement. Upon such expiration, the Temporary Construction Easement granted herein shall be automatically surrendered by Grantee, and Grantee's interests thereto shall be automatically reverted to Grantor as if quitclaimed by Grantee, and shall no longer represent any title interest of or to Grantor's Property. Nevertheless, if requested by Grantor following such termination, City will execute a quitclaim deed confirming such termination. The City shall be responsible for all closing costs associated with the escrow transaction. 4. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by City, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with City, its successors and assigns, wherever and whenever necessary for the purpose of completing the Project in accordance with applicable laws. The City's activities may involve surveying, staking, excavation, grading, and other related uses that are reasonably required to construct the Project. City agrees not to damage Grantor's Property in the process of performing such activities. At all times during the term of this Agreement (and during construction of the Project), Grantor's Property will remain accessible for Grantor's access, ingress and egress, including but not limited to, access, ingress and egress necessary to develop Grantor's Property. The City agrees to prohibit the overnight parking of vehicles/equipment and the storage of materials in the Easement Area along South Palm Canyon Drive. The City shall maintain the Easement Area and the Easement Area should be generally kept free and clear of trash and debris. 5. At the termination of the period of use of Grantor's land by City, but before its Temporary Construction Easement Agreement Page 2 of 12 G relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded, if applicable, and left in a neat condition and City shall restore the Easement Area to the substantially same condition before construction by City, unless otherwise agreed to by the Grantor. If Grantor has any outstanding bonds with the City applicable to the landscaping in the Easement Area and all conditions for the release of such bonds have been satisfied except for conditions which cannot be met but for the exercise by the City of the Temporary Construction Easement, the City shall release Grantor's bonds. 6. Grantee, or Grantee's Contractors, will relocate, if necessary, the sign located within the Temporary Construction Easement to a mutually agreed upon location. Grantee agrees to relocate sign at their expense. 7. Any notice to be given or other document or documents to be delivered to either Party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: If to Grantee, to: Attn: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8332 Telephone No.: (760) 323-8204 If to Grantor, to: TOLL WEST INC. c/o Toll Bros., Inc. 1299 Celadon Street Palm Springs CA 92262 Attn: Allen Janisch, Vice President Palm Springs Division Telephone: (760) 770-0707 ext. 2 TOLL WEST INC. c/o Toll Bros., Inc. 725 W. Town and Country Rd., Suite 200 Orange, CA 92868 Attn: Scott M. Cwiertny, AVP & Counsel Telephone: (714) 347-1321 8. To the extent permitted by law, City (or its contractor) shall indemnify, defend and hold harmless Grantor from all losses, liabilities, costs, damages, expenses, causes of action, suits, claims or judgments, including attorney's fees and costs, (collectively, "Claims") arising directly out of or in connection with any act or Temporary Construction Easement Agreement Page 3 of 12 omission of City, its employees, representatives, agents, suppliers or subcontractors, pursuant to this Agreement or otherwise, provided, however, that the foregoing duty to defend, indemnify and hold harmless the Grantor from and against any Claims shall not apply to any Claims arising from the negligence or intentional misconduct of Grantor. 9. Grantor hereby warrants that they are the owners of the Property described above and that they have the right to grant City, its successors or assigns, permission to enter upon and use the Easement Area. 10. This Agreement is the result of negotiations between the Parties hereto. This Agreement is intended by the Parties as a final expression of their understanding with respect to the matters herein, and is a complete and exclusive statement of the terms and conditions thereof. This Agreement shall survive the recording of the Temporary Construction Easement. 11. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto. 12. This Agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 13. Grantor, its assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the Parties thereto shall be jointly and severally liable thereunder in accordance with Civil Code Section 1468. 14. City shall pay to Grantor the total sum of Five Thousand Five Hundred Twenty Dollars and no cents ($5,520.00), (the "Rental Price"), for the right to enter upon and use Grantor's land in accordance with the terms hereof. Applicable compensation for property improvements located in the TCE area is included in rental price above. Grantor hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre - condemnation conduct, or any other compensation or benefits, other than for payment of the Rental Price, it being understood that the Rental Price constitutes complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever, whether known or unknown as of the date of this Agreement, relating to or in connection with the Temporary Construction Easement or any other rights granted under this Agreement. Payment shall be made within thirty (30) days after execution of this Agreement, or pursuant to the terms of and through the close of escrow if acquisition of the Temporary Construction Easement is associated with the City's acquisition from Grantor. Grantor hereby acknowledges that it has been advised by its attorney and is familiar with the provisions of California Civil Code section 1542, which provides as follows: Temporary Construction Easement Agreement Page 4 of 12 "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." By signing below, Grantor acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected with respect to the subject matter of this Section 14, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Grantor hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil Code section 1542, or under any statute or common law or equitable principal of similar effect, except as set forth in this Section 14. Notwithstanding the foregoing, specifically excluded from the Civil Code 1542 waiver is Section 8 of this Agreement or City's breach of this Agreement. [SIGNATURE PAGE FOLLOWS] Temporary Construction Easement Agreement Page 5of12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. GRANTEE: CITY OF PALM SPRINGS, a California charter city and municipal corporation By: sue/ David H. Ready ager ATTEST: By: y . % � rjAntffony J. Mejia, M C, Cnity Clerk 344 GRANTOR: TOLL WEST INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TOLL BROTHERS WEST, INC., A DELAWARE CORPORATION By: Ova� ly""� Name: I c ntsGL ITS: IC; APPROVED AS TO FORM: Name: ITS:_ By: Je y Ba ' ger, Attorney Exhibit List Exhibit A -- Legal Description of the Easement Area Exhibit B -- Depiction of Easement Area Temporary Construction Easement Agreement Page 6 of 12 ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of County of /��►�rr-S'/.C� On 4, 7041119 before me, ate I A -Name, Title of Officer personally appeared NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. 1 *MyComm. E DIANE TAYLOR 7 lei Notary Public -California Riverside CountySignature of Notary Commission f 2325411 Expires Apr 23, 202� ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than Named Above. DATE of DOCUMENT Temporary Construction Easement Agreement Page 7 of 12 Exhibit "A" LEGAL DESCRIPTION OF THE EASEMENT AREA EXHIBIT "'A" LEGAL DESCRIPTION TEWORARY CONSTRICTION EASEMENT: THAT PORTION OF LOT 1 AS SHOWN BY TRACT I LAP NO. 33575. FILED TULY 23. 2015 ON FILE IN BOOR 4416. PAGES 17 TO 20. INCLUSA E OF NUIPS. RECORDS OF FA,TM )E COIF . IN SECTION 23. '} OWNSI-HP A SOUTH- RANGE 4 FAST. SAN BERNARDINO MERIDIAN. COUNTY OF RA ERSIDE. STATE OF CUJIFORNIA, DESCRIBED AS FOL LOWS_ COMIENCLNG AT THE NORTIMTST CORNER OF LOT W OF SAID TRACT .NEAP. SAID POINT BEING ON THE EASTERLY RIGHT OF TWAY LINE OF SOUTH PA I CAN- ON DRRE (50-00 FEET H-AU UT)TH EASTERVI� AS SHOWN ON SAID TRACT IMP, SAID POINT ALSO BEING TlIE BEGr-THING OF A NON -TANGENT CURVE - CONCAVE NORTH'4 ESTERLY. HAVING A RADIUS OF 1005.37 FEET- THE RADIAL LINE TO SAID BEARS SOUTH 79`03-46" FAST; TBIE-NCE NORTHEASTERLY ALONG SAID CURVE. TO THE LEFT. THROUGH A CENTRAL ANGLE OF 00"41'49". AN ARC DISTANCE OF 12.23 FEET FOR THE TRXT POI\i'T OF BEGn-N-1'G, THE RADL.AL LINE TO SAID POINT BEARS SOUTH 7904535" EAST; THENCE SOUTH 71037'19" EAST. A DISTANCE OF 0.51 FEET THENCE NORTH 17 r49-13 EAST. A DISTANCE OF 13.87 FEET: THENCE NORTH S °'' 1'40_' EAST. A DISTANCE OF 36. 86 FEET: THENCE NORTH 5046'247' EAST. A DISTANCE OF 31.11 FEET: THENCE NORTH 17016-167' EAST, A DISTANCE OF 14.33 FEET TO THE BEGINNING OF A NON-T_ANGEHT CURVE. CONCANT-TLTESTERLY_ HAVING A R-.DIUS OF 101037 FEET. THE RADIAL LNE TO SAID POE'T BEARS SOUTH 85011'52." EAST SAID CURVE BEING CONCENTRIC %TIH AND 55.00 FEET EASTERLY, MEASURED RADIALLY FROM THE CENTERL EKE OF SAID PALM CANYON DRAT: THENCE NORTHERLY ALONG SAID CURNT— TO THE LEFT. THROUGH A CENTRAL ANGLE OF 549-36". AN ARC DISTANCE OF 102.75 FEET: THENCE NORTH 01°01-27" EAST. A DISTANCE OF 6.20 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 1. SAID LINE ALSO BEING TBE NORTHEASTERLY TRACT BOUNDARY LINE OF SAID TRACT IVI AP: Pam 1 of 2 G:12014U4-026.1&ag,*s'MFtng #piandPiarPiwnTI4-Q.V2-TCE Lqd d"r d bmA W*a- s "hwi O EXHIBIT "A" LEGAL DESCRIPTION THENCE NORTH 70056'57" WEST ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 5.32 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE; THENCE SOUTH 01001'27" EAST ALONG SAID EASTERLY RIGHT OF NAY LINE, A DISTANCE OF 8.03 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 100537 FEET; THENCE SOZITHERTY AND SOUTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT OF WAY LINE, TO THE RIGHT, THROUGH CENTRAL ANGLE OF 11015'53', AN ARC DISTANCE OF 197-66 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 766.77 SQUARE FEET, MORE OR LESS. SEE PLAT ATTACHED HERETO AS EKEIIBTT `B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION 10 La No 3f05JZ001 �tarCV E. ✓ptih 4F Michael E_ Johnsen, L_S_ 7673 Date Prepared By: A_ NO, 7673 Checked By: —Y-- P Page 2 of 2 s.�ror4i2q oss3 n.� � v�;, r�arr� irca�rs oasa-s r r A"Tl Web ass Exhibit "B" DEPICTION OF THE EASEMENT AREA S E EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT N7V56 PARCEL 0-117- PER R5 77/1-S ( ) RECORD uATA PER AI6 4#6/17-20. I51'01'27'E (D VER20N EASEMENT PER INST. 12018-324108, REC• 4/01/2016. (P EASEMENT TO DESERT WATER Aroma PER wgn 12015-453273, REC, 11/05/2015. :yi► PUBLIC UTILITY EASEMENT DEDICATED ON LIB 448/17-20, CURVE rASLE CURVE i RADRZ DELTA LENGTH Cl 1005.37' O'41'49' 12-23' SEC. 23, T4S, R4E, -t A L• A R T A. 40' aLD R/ I �� 55' l" = 40' t 20 0 40 %.00 8 Z73 4OT IF 1*01'27'W 8 D' n TRACT NO. =5 TCE MB 44$i17-2D ,%'766.77 SQ. FT 71 31.11, LOT 9 ' �---NB'21'44�E 3e3$6' f 1749'13 E 13.87' / RREF II -DC CAMERON, LLC /-571'37'19'E 0.51' APN 508-B30-001 pm NW COR, OF LOT 'll' LOT AIR 446/17-20 COS -- LOT w R DR. CITY OF PALM SPRINGS A S i 4 6 I A T L 8 l D=�2D14114-02s2�4rQ.fngs\I�appng�Legnl and PO PIata\TCE\14-0262-TCEdrg 3/5/2020 9-44 AM THIS PLAT IS SOLELY ANI AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET 1 �F W.O. ALL PRIMARY CkiS ARE LOCATED IN THE WR1iiEN DOCUMENT, 14-262 SCALE: 1 "=40' DRWNSY AL DATE CHKD BY ME!— DATE SUBJECT: TEMPORARY CONSTRUCTION EASEMENT CHKD D A $S'So 1Q$ bS8 rA 8 c1 =F_PA =E4 �ICTe1 d NA 4 =VI T CERTIFICATE OF LIABILITY INSURANCE _ oA8/3o12022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License # 0757776 CONTACT Kristie Koehrer NAME HPO Box 5345 US International Insurance Services Inc. Riverside, CA 92517 PZcc No Ed,: (951 779-8558 FA//CC, No:(951) 231-2572 A4, . cal.cpu@hubinternational.com INSURER(Sl AFFORDING COVERAGE NMC0 INSURER A: Travelers Property Casualty Company of America 25674 INSURED INSURERB:Lexington Insurance Company 19437 INSURER C: Albert A. Webb Associates INSURER D: 3788 McCray Street Riverside, CA 92506 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AWL SUBR POLICY NUMBER POLICY EFF MMIoCIYA POLICYEXP X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE E 1,000,000 CLAIMS -MADE 1XI OCCUR X P-630.5456P929-TIL-22 2/1/2022 21112023 DAMAGE TO RENTED E 30g,00g X $O Deductible MED EXP (Any oneperson) E 51000 PERSONALS ADV INJURY S 1'000,000 GEN'L AGGREGATE LIMIT APPUES PER X POLICY iva LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 1,000,000 BODILY INJURY Per emon S ANY AUTO X BA-3L23491A-22-43-G 211/2022 2/1/2023 BODILY INJURY Per acddent S OWNED SCHEDULED A�UpT�O�S ONLY AUUpTTr��O.pSSWW.�NN��pp Ix PecnOanDAMAGE S AUTOS ONLY X AUTOS ONLY E UMBRELLA LMe OCCUR EACH OCCURRENCE S AGGREGATE E EXCESS LIMB CLAIMS -MADE DED I I RETENTIONS A WORKERS COMPENSATION ANoEMPLOYERVLWBILITY ApNFY PROPRIETOR/PARTNER/EXECUTNE YYN IxlulniroF,J. BER EXCLUDED? 1rS NNI NIA X UB-4J648178-22.43-G 9/1/2022 91112023 X PER OTM- EL. EACH ACCIDENT 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POUYLIMIT 1,000,000 It yes. deecnbe under DE RIPTION OF OPERATIONS Wt. B Professional Liab. 031711122 911/2022 911/2023 Ded $150k/EaClaim I 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remark.Schedule,may beaxachedff mom apace Is required) RE: On -Call Trsfflc Engineering Services. The City of Palm Springs, its officials, employees, and agents are Additional Insured's With regard to the General Liability policy per the attached endorsement form CGD379 02/19, Primary S Non -Contributory wording included. Additional Insured applies with regard to the Auto Liability policy per the attached endorsement form CAT353 02/15. Primary 8 Non -Contributory applies with regard to the Auto Liability policy per the attached endorsement form CAT474 02116. Waiver of Subrogation applies with regard to the Workers' Compensation policy per the attached endorsement farm WC990376(A). Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Palm Springs CityACCORDANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS. Dept of Public Works and Engineering 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 9)1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 ACORO AGENCY CUSTOMER ID: ALBEAWE-01 LOC #: 0 ADDITIONAL REMARKS SCHEDULE AGENCY License # 0757776 NAMED INSURED HUB International Insurance Services Inc. Albert A. Webb Associates 3788 McCray Street POLICY NUMBER Riverside, CA 82506 EE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: CereOcate of Liability I eu ante SGONZALEZ Page 1 of 1 Description of Operations/LocationsNehicles: within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All ngnts reserved. The ACORD name and logo are registered marks of ACORD Albert A. Webb Associates Policy Number:630-5456P929-TIL-22 COMMERCIAL GENERAL LIABILITY Policy Period:02/01/2022 to 02/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non -Owned Watercraft — 75 Feet Long Or Less B. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Retired Partners, Members, Directors And Employees D. Who Is An Insured — Employees And Volunteer Workers — Bodily Injury To Co -Employees, Co - Volunteer Workers And Retired Partners, Members, Directors And Employees E. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional Insured — Controlling Interest G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS A. NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft. in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e. of SECTION II —WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises I. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations J. Incidental Medical Malpractice K. Medical Payments — Increased Limit L. Amendment Of Excess Insurance Condition — Professional Liability M. Blanket Waiver Of Subrogation — When Required By Written Contract Or Agreement N. Contractual Liability —Railroads uses or is responsible for the use of a watercraft that you do not own that is: (1) 75feet long or less; and (2) Not being used to carry any person or property for a charge; B. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in Its name or the documents that govern its structure. C. WHO IS AN INSURED — RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no such retired partner, member, director or "employee" is an insured for: (1) "Bodily injury": (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) 'Personal injury": (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or "employees" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that current or retired partner, member, director, "employee" or "volunteer worker" as a consequence of Paragraph (2)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (2)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (3) 'Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your retired partners, members or directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director. Page 2 of 6 ® 2017 The Travelers Indemnify Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. D. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES, CO -VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a current or retired co - "employee" while in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION 11— WHO IS AN INSURED: 3. Any organization you newly acquire or form. other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such COMMERCIAL GENERAL LIABILITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. F. BLANKET ADDITIONAL INSURED — CONTROLLING INTEREST 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION II — WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury' that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury' or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION 11 — WHO IS AN INSURED: Any governmental entity that has issued a permit OF authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 ® 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with Re permission. occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related ads or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured, K. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY— RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement, 2. Paragraph L(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 C 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Albert A. Webb Associates Policy Number: BA-3L23491A-22-43-G Policy Term: 02/01/2022 to 02/0112023 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured. of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period. to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 02 16 6 2016 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: BA-3L23491A-22-43-G Policy Term: 02/01/2022 to 02/01/2023 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 n 2ni5 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver Is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11— COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4). of SECTION 11— COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (II) Neither you nor any other involved "insured" will make any settlement without our consent. (III) We may, at our discretion, participate In defending the "insured" against, or in the settlement of, any claim or "suit". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "Insured" at our request, Including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense the "insured" against any such F, HIRED AUTO — LIMITED WORLDWIDE COV- "s "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI. LIABILITY COVERAGE, and not In TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (If you are a limited liability company) or Canada. members of their households. Page 2 of 4 m 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance services Oitice, Inc. with its permission. You agree to maintain all required or compulsory insurance In any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory Insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE —GLASS The following Is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy: b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV —BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex - We will a u to $400 for "loss" to wearing a tent required of you by a written contract pay P 9 P- signed and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 02015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Othce, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 C 2015 The Travelers Indemnity Comparry. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its pennissian. TRAVELERSJ` ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - 003 POLICY NUMBER: UB-4J648178-22-43-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description ARCHITECTURAL SERVICES This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09/01/2022-09/01/2023 Insured AlbertA Webb Associates Insurance Company Policy No. 11B-4j648178-22-43-c Endorsement No. Premium Countersigned by DATE OF ISSUE: 09-1-22 ST ASSIGN: Page 1 of 1 .,11„^..1 CERTIFICATE OF LIABILITY INSURANCE A 010 Doei3oizoz3D,YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA LLC 1717 Arch Street Philadelphia, PA 19103 CN101294894-Toll.GAW-23-24 090119 INSURED TOLL BROTHERS, INC. 1140 VIRGINIA DRIVE FORT WASHINGTON, PA 19034 COVERAGES CERTIFICATE NUMBER: CLE-005537942-28 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADOL SUER POLICY NUMBER MMVDDYYPYY MMIDDYUP LIMITS A X COMMERCIAL GENERAL LIABILITY 42-HBL-150447-02 0910112023 09101/2024 EACH OCCURRENCE $ 5,000,000 F�71 CLAIMS -MADE I OCCUR DAMAGE TO RENTED PREMISES Ea awnence $ 100.000 X MED EXP Any one $ EXCLUDED BVPD X $M,000 SIR PERSONAL S ADV INJURY $ 5ADOA00 GEN. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 51000000 X POLICY JET LOC PRODUCTS-COMP/OP AGG $ 5,000,000 $ OTHER. B AUTOMOBILELIABILITY MVVTB30267809 0910112023 0910112024 OMBBIINEEDDISINGLE LIMIT flEaX $ 2D00000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per ami1en0 $ PROPERTY DAMAGE Per accitlenl $ HIRED NON-O MED AUTOS ONLY AUTOS ONLY S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE E EXCESS LIAR CLAIMS -MADE DIED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA WAC3025TT091 X PERSTA TE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE -EA EMPLOYEE S 2000000 E.L. DISEASE -POLICY LIMIT I $ 2,000,000 Use, tt yes, describe under OF OPERATIONS below- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES tACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Coverage pertaining to the Business License for TWI Brothers building w thin the City of Palm Springs, CA. RECEIVED SEP 06 2023 City Hall Reception Desk CFRTIFICATF HOI DER CANCELLATION CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3200 E. TAHQUITZ CANYON WAY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PALM SPRINGS, CA 92262 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) 01988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0000732 SP 0301 -COI-P00732-1 CITY OF PALM SPRINGS 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 0301-01.0p000 732-000 -ON 1660 1A AGENCY CUSTOMER ID: CN101294894 LOC u: Philadelphia AC ORO® AGENCY Marsh USA LLC POLICY NUMBER CARRIER ADDITIONAL REMAF ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED TOLL BROTHERS. INC. 1140 VIRGINIA DRIVE FORT WASHINGTON, PA 19034 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insurance The general liability policy evidenced above is sublect to self -insured retentions for various perils covered If you would like additional information regarding these self insured reteitionsplease contact the insured at 215-938 3009. Page 2 of 2 (20081011 0301 01-00-0000732-0002-0001655 © 2008 ACORD CORPORATION. All rights I The ACORD name and logo are registered marks of ACORD ** Marsh 4. Dear Certificate Holder: To streamline certificate delivery for our clients and in an effort to support our firm's commitment to sustainability, going forward, we will only be providing renewal certificates of insurance electronically. If you need to continue receiving a copy of the attached certificate, please send an email to USOperations.email@marsh.com and include the following: — Certificate # (Shown below Insured Name — e.g., ABC-123456789-01) — E-Mail for future delivery For your convenience, If we do not receive your response, we will conclude that you no longer require proof of insurance from the named insured and will remove you from our records. Thank you, US Operations, Marsh USA, LLC A business of Marsh McLennan