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HomeMy WebLinkAboutA9166 - MICHAEL EDWARD FLANNERY 2019 REVOCABLE TRUST DATED MAY 3 2019 (APN 504-212-005) STREET IMPROVEMENT AND UTILITY UNDERGROUNDING AND CONNECT TO PUBLIC SANITARY SERVICEa DATE (MM,DD(YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 2/5/2025 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). CONTACT PRODUCER NAME ESPI Service Team Edgewood Partners Ins Center PHONE Fax 10877 White Rock Rd. Suite 300 ac No E-MAIL Lic#OB29370 RECEIVE® AgDREss. ESPIServiceTeamiaepicbrokers.com Rancho Cordova CA 95670 INSURERS )AFFORDING COVERAGE _ -- NAICtY - g INSURED 1 1 2025 TRINEQUI Trinity Equipment, Inc Colt S La Caden92324 Dr OFFICE OF THE CITY CLERK Colton CA 92324 INSURER A: Insurance Company of the West 27847 lucultER ra Arch Insurance Company 11150 INSURER C : INSURER D : INSURER E : ----------- ._---....... GCVICIfIIJ NIIMRF:R- UUVtHAUtb l.Cn I IF1%11 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 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. -'- --""------- " - - AUDL;SUBR POLICY ErF POLICY EXP INSR" TypEOFINSURANCE LIMITS LTR WVD, POLICY NUMBER MM'DD/YYYY MM.DOIYYYY B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y PRPKGO117302 2/5/2025 2/5/2026 EACH OCCURRENCE $1.000.000 $ 300,000 — — PREMISES Me occurrence) ----5 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000.000 GEN'L AGGREGATE IT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOPAGG E2,000,000 POLICY PRO- ❑ LOC X JECT $ B OTHER AUTOMOBILE LIABILITY Y Y PRPKGO117302 2/5/2025 2/5/2028 COMBINED SINGLE LIMIT Ea acodentL_.__ $1,000.000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED - SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X Comp $1,000 X Col $1,000 PROPERTY DAMAGE _Q!1 r accdent $ T HAPD $ Unlimited B UMBRELLA X OCCUR Y Y PRFXS0072502 2/5/2025 2/5/2026 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 X EXCESS LIAR CLAIMS -MADE X OTH- A TE ER $ A DED ' RETENTION $ ` WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR;PARTNER/EXECUTIVE ❑ iN/A OFFICE RMEMBER EXCLUDE D? (Mandatory In NH) Y WPL507047601 4/1/2024 4/1/2025 E.L. EACH ACCIDENT $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT II yes, describe under DESCRIPTION OF OPERATIONS below $1,000.000 B Equipment Floater i PRPKGO117302 2/5/2025 2/5/2026 Limit.' RC 24,000,000 Deductible 10,000 i DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured applies where required as per written contract with respect to General and Auto Liability. Coverage is primary and non- contributory, Waiver of Subrogation for General & Auto Liability and Workers Compensation applies to any person or organization when such waiver is required by a written contract that you have agreed to prior to loss, Excess follows form. ...,..,ter, CANCFI 1 ATION City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V IJoo-cU I M%Iwnv �W_ — ..y...,, .. ...... ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 208: 2 of 13 POLICY NUMBER: PRPKGO117302 COMMERCIAL GENERAL LIABILITY CG20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE AGENCY OR SUBDIVISION SUBDIVISION -- PERMITS OR This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OR GOVERNMENTAL OR POLITICAL AUTHORIZATIONS State Or Governmental Agency Or Subdivision Or Political Subdivision: Any state or Governmental Agency or Subdivision or Political Subdivision for whom during the policy period you and such State or Governmental agency or Subdivision or Political Subdivision have agreed in writing in a contract or agreement that such State or Governmental Agency or Subdivision be added as an additional insured on your policy. Information required to complete this Schedule. if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law:. and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreementto provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20120413 © Insurance Services Office, Inc., 2012 Page 1 of 1 208: 3 ' POLICY NUMBER: PRPKG0117302 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Trinity Equipment, Inc Endorsement Effective Date: 02/05/2025 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization where required by a written contract that you have agreed to prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 a Page 1 of 1 zoa 4 of 13 PRFXS0072502 COMMERCIAL EXCESS LIABILITY CX 00 01 09 08 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words 'you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words 'We", "us" and "our" refer to the company providing this insur- ance. The word "insured" rneans any person or or- ganization qualifying as such under the "controlling underlying insurance". Other words and phrases that appear in quotation marks in this Coverage Part have special meaning. Refer to Section IV — Definitions. Other words and phrases that are not defined under this Coverage Part but defined in the "controlling underlying insurance" will have the meaning described in the policy of "con- trolling underlying insurance". The insurance provided under this Coverage Part will follow the same provisions, exclusions and limitations that are contained in the applicable "controlling under- lying insurance". unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Part will ap- ply. However, the coverage provided under this Cov- erage Part will not be broader than that provided by the applicable "controlling underlying insurance". There may be more than one "controlling underlying insurance" listed in the Declarations and provisions in those policies conflict, and which are not superseded by the provisions of this Coverage Part. In such a case, the provisions, exclusions and limitations of the "controlling underlying insurance" applicable to the particular "event" for which a claim is made or suit is brought will apply. SECTION 1 —COVERAGES Insuring Agreement a. We will pay on behalf of the insured the "ulti- mate net loss" in excess of the "retained limit" because of 'injury or darnage" to which insur- ance provided under this Coverage Part ap- plies. We will have the right and duty to defend the insured against any suit seeking damages for such "injury or damage" when the applicable limits of "controlling underlying insurance" have been exhausted in accordance with the provi- sions of such "controlling underlying insur- ance". When we have no duty to defend, we will have the right to defend. or to participate in the de- fense of, the insured against any other suit seeking damages for "injury or damage". However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not ap- ply. At our discretion, we may investigate any "event" that may involve this insurance and set- tle any resultant claim or suit, for which we have the duty to defend. But' (1) The amount we will pay for "ultimate net loss" is limited as described in Section II — Limits Of Insurance, and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under this Coverage Part. How- ever, if the policy of "controlling underlying insurance" specifies that limits are reduced by defense expenses, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses, judgments or settle- ments under this Coverage Part. b. This insurance applies to "injury or damage" that is subject to an applicable "retained limit". If any other limit, such as, a sublimit, is specified in the "controlling underlying insurance", this insurance does not apply to "injury or damage" arising out of that exposure unless that limit is specified in the Declarations under the Sched- ule of "controlling underlying insurance". c. If the "controlling underlying insurance" re- quires, for a particular claim, that the "injury or damage" occur during its policy period in order for that coverage to apply, then this insurance will only apply to that "injury or damage" if it occurs during the policy period of this Cover- age Part. If the "controlling underlying insur- ance" requires that the "event" causing the par- ticular "injury or damage" takes place during its policy period in order for that coverage to ap- ply, then this insurance will apply to the claim only if the "event" causing that "injury or darn - age" takes place during the policy period of this Coverage Part. CX 00 0109 08 © ISO Properties, Inc.. 2007 Page 1 of 5 11 uNsi 1HFCI cxa>r 208: 5 d. Any additional insured under any policy of (b) Claim or suit by or on behalf of a gov- "controlling underlying insurance" will auto- ernmental authority for damages be- matically be an additional insured under this in- cause of testing for. monitoring, clean- surance. If coverage provided to the additional ing up, removing, containing, treating, insured is required by a contract or agreement, detoxifying or neutralizing, or in any way the most we will pay on behalf of the additional responding to, or assessing the effects insured is the amount of insurance required by of, pollutants. the contract, less any amounts payable by any This exclusion does not apply to the extent that "controlling underlying insurance". valid "controlling underlying insurance" for the Additional insured coverage provided by this pollution liability risks described above exists insurance will not be broader than coverage or would have existed but for the exhaustion of provided by the "controlling underlying insur- underlying limits for "injury or damage". ance". d. Workers' Compensation And Similar Laws 2. Exclusions The following exclusions, and any other exclu- sions added by endorsement, apply to this Cover- age Part, in addition, the exclusions applicable to any "controlling underlying insurance" apply to this insurance unless superseded by the following ex- clusions. or superseded by any other exclusions added by endorsement to this Coverage Part. Insurance provided under this Coverage Part does not apply to. a. Medical Payments Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable "controlling un- derlying insurance". b. Auto Any loss, cost or expense payable under or re- sulting from any of the following auto cover- ag es: (1) First -party physical damage coverage: (2) No-fault coverage; (3) Personal injury protection or auto medical payments coverage, or (4) Uninsured or underinsured motorists cov- erage. c. Pollution (1) "Injury or damage" which would not have occurred, in whole or in part, but for the ac- tual, alleged or threatened discharge, dis- persal, seepage, migration, release or es- cape of pollutants at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move. contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, pollutants; or Any obligation of the insured under a workers' compensation. disability benefits or unemploy- ment compensation law or any similar law. SECTION II —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations, and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or suits brought, or number of vehicles involved; c. Persons or organizations making claims or bringing suits: or d. Limits available under any "controlling underly- ing insurance". 2. The Limits of Insurance of this Coverage Part will apply as follows: a. This insurance only applies in excess of the "retained limit b. The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss", for all "injury or damage" covered under this Coverage Part. However, this Aggregate Limit only applies to "injury or damage" that is subject to an aggre- gate limit of insurance under the "controlling underlying insurance". c. Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under this insur- ance hPCaUSP. of all "injury or damage' arising out of any one "event". d. If the Limits of Insurance of the "controlling underlying insurance" are reduced by defense expenses by the terms of that policy, any pay- ments for defense expenses we make will re- duce our applicable Limits of Insurance in the sarne manner. Page 2 of 5 © ISO Properties. Inc.. 2007 C X 00 01 09 08 ❑ tNSURM COPY 208: 6 ` of 13 0 M 3. If any "controlling underlying insurance" has a policy period that is different from the policy period of this Coverage Part then, for the purposes of this insurance, the "retained limit" will only be re- duced or exhausted by payments made for "injury or damage" covered under this insurance. The Aggregate Limit of this Coverage Part applies separately to each consecutive annual period of this Coverage Part and to any remaining period of this Coverage Part of less than 12 months, starting with the beginning of the policy period shown in the Decla- rations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION III —CONDITIONS The following Conditions apply. In addition, the Con- ditions applicable to any "controlling underlying insur- ance" are also applicable to the coverage provided under this insurance unless superseded by the follow- ing conditions. 1. Appeals If the "controlling underlying insurer" or insured elects not to appeal a judgment in excess of the amount of the "retained limit", we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment interest and dis- bursements associated with such appeal. In no event will this provision increase our liability be- yond the applicable Limits of Insurance described in Section II —Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Controlling Underlying Insurer Bankruptcy of the "controlling underlying in- surer" will not relieve us of our obligations un- der this Coverage Part. However, insurance provided under this Coverage Part will not replace any "controlling underlying in- surance" in the event of bankruptcy or insolvency of the "controlling underlying insurer". The insur- ance provided under this Coverage Part will apply as if the "controlling underlying insurance" were in full effect and recoverable. 3. Duties In The Event Of An Event, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "event", regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include: (1) How, when and where the "event" took place: (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any 'injury or damage" arising out of the "event". b. If a claim is made or suit is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit and the date received: and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the clarn or suit as soon as practicable. c. You and any other insured involved must (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or suit; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the suit: and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of "injury or damage" to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation. or incur any expense, other than for first aid, without our consent. 4. First Named Insured Duties The first Named Insured is the person or organiza- tion first named in the Declarations and is respon- sible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return pre- mium that may become payable. CX 00 0109 08 © ISO Properties. Inc.. 2007 IN9 IRF4; ::C4Ir Page 3 of 5 0 208: 7 ' of' At our request, the first Named Insured will furnish us, as soon as practicable, with a complete copy of any "controlling underlying insurance" and any subsequently issued endorsements or policies which may in any way affect the insurance pro- vided under this Coverage Part. 5. Cancellation a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. b. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancella- tion if we cancel for nonpayment of pre- mium; or (2) 30 days before the effective date of cancella- tion if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels. the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be suffi- cient proof of notice. 6. Changes This Coverage Part contains all the agreements be- tween you and us concerning the insurance af- forded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Coverage Part with our consent. This Cover- age Part's terms can be amended or waived only by endorsement. 7. Maintenance Of/ Changes To Controlling Underlying Insurance Any "controlling underlying insurance' must be maintained in full effect without reduction of cover- age or limits except for the reduction of aggregate limits in accordance with the provisions of such "controlling underlying insurance" that results from "injury or damage" to which this insurance applies. Such exhaustion or reduction is not a failure to maintain "controlling underlying insurance". Failure to maintain "controlling underlying insurance" will not invalidate insurance provided under this Cov- erage Part. but insurance provided under this Cov- erage Part will apply as if the "controlling underly- ing insurance" were in full effect. The first Named Insured must notify us in writing, as soon as practicable, if any "controlling underly- ing insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "controlling underlying insurance" is changed. 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance. whether primary, excess, contingent or on any other basis. This condition will not apply to in- surance specifically written as excess over this Coverage Part. When this insurance is excess, if no other in- surer defends, we may undertake to do so, but we will be entitled to the insureds rights against all those other insurers. b. When this insurance is excess over other in- surance, we will pay only our share of the "ul- timate net loss" that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the absence of the insurance provided under this Cov- erage Part, and (2) The total of all deductible and self -insured amounts under all that other insurance. 9. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. If this policy is auditable. the premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each au- dit period. we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit pre- mium is the date shown as the due date on the bill. If the sum of the advance and audit premi- ums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 1 Page 4 of 5 © ISO Properties, Inc.. 2007 CX 00 01 09 08 INSURED COPY ZO£3, 8 of 13 10. Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until: a. The insured or insured's "controlling underly- ing insurer" has become obligated to pay the "retained limit and b. The obligation of the insured to pay the "ulti- mate net loss" in excess of the "retained limit" has been determined by a final settlement or judgment or written agreement among the in- sured, claimant. "controlling underlying insurer" (or a representative of one or more of these) and us. 11. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured, or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured. "controlling underlying insurer" and the claimant or the claimant's legal representa- tive. 12. Transfer Of Defense a. Defense Transferred To Us When the limits of "controlling underlying in- surance" have been exhausted, in accordance with the provisions of "controlling underlying insurance", we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the "controlling underlying insur- ance" had the applicable limit not been ex- hausted. b. Defense Transferred By Us When our limits of insurance have been ex- hausted our duty to provide a defense will cease. We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Part of any out- standing claims or suits seeking damages to which this insurance applies and which would have been covered by the "controlling underly- ing insurance" had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Coverage Part, we will co- operate in the transfer of control to the insured and its designated representative. 13. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION IV —DEFINITIONS The definitions applicable to any "controlling underly- ing insurance" also apply to this insurance. In addi- tion, the following Definitions apply. 1. "Controlling underlying insurance" means any policy of insurance or self-insurance listed in the Declarations under the Schedule of "controlling underlying insurance". 2. "Controlling underlying insurer" means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of "controlling underlying insurance". 3. "Event" means an "occurrence", offense, accident, act, or other event, to which the applicable "con- trolling underlying insurance" applies. 4. "Injury or darnage" means any injury or damage, covered in the applicable "controlling underlying insurance" arising from an "event". 5. "Retained limit" means the available limits of "con- trolling underlying insurance" applicable to the claim. 6. "Ultimate net loss" means the total sum, after re- duction for recoveries. or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a. Settlements, judgments; binding arbitration; or b. Other binding alternate dispute resolution proceeding entered into with our consent. "Ultimate net loss" includes defense expenses if the "controlling underlying insurance" specifies that limits are reduced by defense expenses. CX 00 0109 08 O ISO Properties, Inc., 2007 Page 5 of 5 ❑ N111 ihF1 .:(,I,y 208: 9 POLICY NUMBER: PRPKGO117302 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Waiver of Subrogation for General Liability applies to any person or organization when such waiver is required by a written contract that you have agreed to prior to loss Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. 0 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: PRPKG0117302 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Named Insured: Trinity Equipment Inc Endorsement Effective Date: 0210512025 SCHEDULE Name(s) Of Person(s) Or Organization(s): Waiver of Subrogation applies to any person or organization when such waiver is required by a written contract that you have agreed to prior to loss. Information required to complete this Schedule if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Aga instOthers To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA04441013 © Insurance Services Office, Inc., 2011 Page 1 of 1 2n8 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement frorn us). The additional premium for this endorsement shall be otherwise due. Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER 2 % of the total California Workers' Compensation premium Schedule Job Description CALIFORNIA OPERATIONS ONLY This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infomiation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2023 Policy No. WPL 5070476 00 Insured TRINITY EQUIPMENT, INC Insurance Company INSURANCE COMPANY OF THE WEST 0 WC 99 06 34 (Ed. 8-00) Countersigned By Endorsement No. Premium $ INCL . W INSU� �U 208: 12 ' of 1 PRPKG0117302 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT (insured's Sole Negligence) This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV — Commercial General Liability Conditions, Paragraph 4: Section IV: Commercial General Liability Conditions 4. Other Insurance: d. Notwithstanding the provisions of sub -paragraphs a, b, and c of this paragraph 4, with respect to the Third Party shown below, it is understood and agreed that in the event of a claim or "suit" arising out of the Named Insured's sole negligence, this insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excess and non-contributory. The Third Party to whom this endorsement applies: PRPKG0117302 Absence of a specifically named Third Party above means that the provisions of this endorsement apply -`as required by written contractual agreement with any Third party for whom you are performing work." All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. All other terms and conditions of this Policy remain unchanged. 00 GL0344 00 05 07 Page 1 of 1 208: 13 FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO : CITY OF PALM SPRINGS PO Box 2743 Palm Springs, CA 92263-27 43 Attn: City Clerk 2022-0334163 07/27/2022 12 :30 PM Fee :$ 0.00 Page 1 of 10 ~ecotrded in _Official Records P oun Y of Riverside eter Al dana if iijj tjif if K1iffirt111 1 Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE (SINGLE-FAMILY RESIDENTIAL) THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR u w_TY UNDERGROUNDING UPON NOTICE ("Declaration") is entered into this ~ day of ::::f;l:f:::L:-: , 2022, by and between the Michael Edward Flannery 2019 Revocable Trust, dated May 3, 2019 ("Declarants"), whose address is 465 Villaggio North, Palm Springs, CA 92262, and the CITY OF PALM SPRINGS, a municipal corporation ("City"), whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263, Attn: City Clerk. RECITALS: A. Declarants are the owners of that certain real property located in the City of Palm Springs, County of Riverside, State of California , commonly known as 775 W Chino Canyon Road, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-212-005) ("Property"). City has fee or easement interests in various streets, sidewalks and other property within the City and is responsible for the planning and development of land within the City in such a manner as to provide for the health, safety and welfare of the residents of the City. Those portions of the City's interest in real property most directly affected by this Agreement are the utility easements along the east and west property line ("Public Parcel"). B. Declarants desire to obtain building permit(s) and other City approvals to construct a single-family residence upon the Property ("City Approval"). Section 8 .04.402 of the Municipal Code of the City requires, as a condition precedent to the approval of the City Approval, that Declarants underground the utilities abutting or transecting the Property ("Improvements"). Declarants desire to defer the construction of the Improvements and, pursuant to Section 8.04.402 of the Municipal Code of the City, the Director, Department of Public Works/City Engineer has determined that the construction of the Improvements can be deferred on the terms more particularly set forth herein. NOW THEREFORE, the Declarants declare, covenant and agree, by and for themselves, their heirs, executors and assigns,· and all persons claiming under or through it that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants and restrictions hereinafter set forth, which covenants are established expressly and exclusively for the use and benefit of the City and the Public Parcel. 1.0 Right of City to Establish District to Construct Improvements. The City may, at its sole discretion, elect to construct the Improvements, either alone or as part of a larger project, through the establishment of an improvement district, assessment district, benefit area, or any other lawful plan or procedure for the construction and financing of public improvements ("District"). If the City elects to establish a District, Declarants hereby agree to join the District and pay its proportionate share of the cost of constructing the Improvements. Further, Declarants hereby waive their right to protest the formation of the District or the imposition of an assessment under the Special Assessment .Investigation, Limitation and Majority Protest Act of 1931, California Streets and Highways Code Sections 2800 et seq. or any other procedure for the establishment of a District and/or the implementation of an assessment. 2.0 Enforcement. In the event of any violation or threatened violation of any of the provisions of this Agreement, then in addition ·to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisio11s hereof, the City shall have the right (i) to enforce the provisions hereof as a party hereto and as an owner of the Public Parcel, (ii) to withhold or revoke, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the Property or any part thereof or interests therein as to the violating person or one threatening violation and (iii) to obtain from a court of competent jurisdiction an injunction against said violation or threatened violation. 3.0 Covenants to Run With the Land. 3.1 Covenants Running .With the Land. This Declaration is designed to create equitable servitudes and covenants appurtenant to the Public· Parcel and · running with the Property. Declarants hereby declare that all of the Property shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subje9t to the covenants, conditions, restrictions· and equitable servitudes "set forth herein", all of which are for the purposes of uniformly enhancing or protecting the value, attractiveness and desirability of the Property and the Public Parcel. The covenants, conditions, restrictions, reservations, and equitable servitudes "set forth herein!' shall run with the Property and shall be binding upon all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall-inure to the benefit of every portion of the Public Parcel and any interest therein; shall inure to the benefit of the City and its successors and assigns and successors in interest; shall be binding upon the Declarants, its successors and assigns and successors in interest; and may be enforced by the City. 3.2 Agreement Among Declarants, and City. In exchange for granting of the City Approval by the City, the Declarants hereby agree to hold, sell and convey_ the Property subject to the covenants, conditions, restrictions and reservations of this Declaration. Declarants also grant to the City the right and power to enforce the covenants, conditions, restrictions and reservations "set forth herein" against the Declarants and all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns. · 4.0 Miscellaneous. 4.1 Term. The covenants, conditions and restrictions contained in this Declar~tion shall remain in effect until the Improvements are constructed. 4.2 Modification. This Declaration may not be modified, terminated or rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by the parties hereto; their successors or assigns and duly recorded in the Office of the County Recorder, County of Riverside. 4.3 Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. 4.4 Severability. The invalidity of or inability to enforce any provision of this Declaration with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof, or the same provision when implied to another party or to a different set of circumstances. 4.5 Notices. Any notice to be given under this Declaration shall be given by personal" delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, to the address set forth on the first page of this Declaration. Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any party may change address for notice by giving written notice of such change to the other party. 4.6 Attorneys' Fees. In any action between -the parties seeking enforcement of any of the terms and provisions of this Declaration, the prevailing party in such action shall be awarded, in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorneys' fees. 4. 7 Counterparts. This Declaration may be executed in any number of counterparts each of which shall be an original but all of which. shall constitute one and the same document. · IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. The Michael Edward Flannery 2019 Revocable Trust, dated May 3, 2019 By:~ MichaeEdwaf"dFlannery, Trustee "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) By: . ......_......,.."lr'------ Moniqu . Lomeli, CMC City of aim Springs/ Interim City Clerk By: _______ _..._ __ _.;_..,c__ Jeff B linger City f Palm Springs / City Attorney CITY OF PALM SPRINGS, a municipal corporation By:Just~, ~~M /1'1/t6 City of Palm Springs / City Manager "City" RECOMMENDED BY : By:._~--:......;..;;~__:::,.___;;.___::;_ _ ___:,,_ J Montalvo ity of Palm Springs / City Engineer APPROVED AS TO OWNERSHIP & LEGAL D CRIPTION : By : _.__f---C"-....:.,__---'--'-'--__,,_~<-+-- Rick Minj res City of Im Springs / En Associ te NOTARY FORMS ON NEXT PAGE 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 val idity of that document. State of California County of Riverside before me, r~ AV',t,.,t\iD c'd>l>':, feo-¼ft B.,b)ic (insert name and title of the officer) personallyappeared A,1,•c{qe\ td\,.JCi,J f{'in"tr ~ , who proved to me on the basis of satisfactory evidence to bet e person(.at whose name~@are ~bscribed to the within instrument and acknowled_JJ,ed to me that @ he/they executed the same in {ijph er/their authorized capacityy.es), and that by ~her/their signatur$fon the instrument the person '5), or the entity upon behalf of which the perso ~acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signal~--(Seal) INSERT NOTARY FORM HERE EXHIBIT 11A 11 LEGAL DESCRIPTION OF PROPERTY LOT 7 OF LITTLE TUSCANY, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER· MAP RECORDED IN BOOK 18 PAGE 96 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. State of California County of Riverside City of Palm Springs On Jul~ jq ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) ) ) ) ss. , 20 ZZ before me, MONIQUE M. LOMELI, CMC, CIIlEF DEPUTY CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared WSTIN CLIFTON , who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf ofthe City of Palm Springs , a California Charter City. I certify under PENALTY OF PERruRY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 1JL day of \ (A k1-1 ,2if21, Signature: Chief Deputy City Clerk City of Palm Springs, California CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE (SINGLE-FAMILY RESIDENCE) Real property in the City of Palm Springs , County of Riverside , State of California, as described: Land described in Exhibit "A" 775 W CHINO CANYON ROAD (APN 504-212-005) Dated : June 23 , 2022 From, MICHAEL EDWARD FLANNERY 2019 REVOCABLE TRUST DATED MAY 3, 2019 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 27 th day of July 2022 , pursuant to authority granted by the City Council of said City , by Resolution No. 20255 made on the 16th day of January , 2002 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs , California, this 27 th day of July 2022. BRENTRASI, DEPUTY CITY CLERK FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS PO Box 2743 Palm Springs, CA 92263-27 43 Attn : City Clerk Filing Fee Exempt Per Government Code 6103 2022 -0334162 0 7/27/2 022 12 :30 PM Fee: $ 0 .00 P age 1 of 13 Re corded i n Official Records County of Ri v erside Peter Aldana i[1iiii'tNmf ii~IIH 111 9J3 (For Recorder's Use Only) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE (SINGLE-FAMILY RESIDENCE) THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INS Tt,LL STR ~EMPROVEMENTS UPON NOTICE ("Declaration") is entered into this ?1:Jf day of j {'----C-, 2022, by and between the Michael Edward Flannery 2019 Revocableust, dated May 3, 2019 ("Declarants"), whose address is 465 Villaggio North, Palm Springs, CA 92262 and the CITY OF PALM SPRINGS, a municipal corporation ("City"), whose address is PO Box 2743 , 3200 E . Tahqu itz Canyon Way, Palm Springs , CA 92263, Attn : City Clerk. RECITALS: A. Declarants are the owners of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as 775 W Chino Canyon Road, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-212-005) ("Property").The City has fee or easement interests in various streets , sidewalks and other property within the City and is responsible for the planning and development of land within the City in such a manner as to provide for the health, safety and welfare of the residents of the City. That portion of the City's interest in real property most directly affected by this Agreement is Chino Canyon Road ("Public Parcel"). B. Declarants desire to obtain building permit(s) and other City approvals to construct a single-family residence upon the Property ("City Approval"). Section 93.09.00 E of the City Zoning Ordinance requires as a condition precedent to the approval of the City Approval , that Declarants construct certain street, traffic signal or 1 other improvements on the Property or the Public Parcel, which street improvements are more particularly described on Exhibit "B" attached hereto and incorporated. herein by reference ("Improvements"). Declarants desire to defer the construction of the Improvements and, pursuant to Section 93.09.00 E of the City Zoning Ordinance, the Director, Department of Public Works/City_ Engineer has determined that the construction of the Improvements can be deferred on the terms more particularly set forth herein. NOW THEREFORE, the Declarants declare, covenant and agree, by and for themselves, their heirs, executors and assigns, and all persons claiming under or through it that the Property shall be held, transferred, encumbered, used, sold, · conveyed, leased and occupied subject to the covenants and restrictions hereinafter set forth, which covenants are established expressly and exclusively for the use and benefit of the City and the Public ParceL 1.0 Covenants, Conditions and Restrictions. 1.1 Construction of Improvements. At any time after this Declaration is executed by Declarants and if one of the following .conditions has occurred: (i) over 50 percent of the lineal right-of-way on that side of the street and in that block (herein referred to as the "50 % Qualifier Standard") has been constructed to the ultimate location, or (ii) the City has obtained covenants from the property owners meeting the 50 % Qualifier Standard, or, (iii) the City is prepared to proceed with a public improvement project which will cause construction of the improvements meeting the 50 % Qualifier Standard, then City shall notify Declarants in writing that Declarants must commence· construction of the Improvements ("Notice"). Within ninety (90) days from the date of the Notice, Declarants shall, at its sole cost and expense, (i) apply for and receive approval of all necessary permits and approvals required by the City to construct the Improvements and (ii) commence construction of the Improvements. The construction of the Improvements shall be in accordance with all laws, ordinances and regulations of the . City and any other governmental entity with jurisdiction · in effect at the time construction is commenced. Declarants shall complete the construction of the Improvements no later than one hundred twenty (120) days of the date of the Notice. 1.2 Dedication of Improvements. Upon the completion of the construction of the Improvements and final inspection by the City, Declarants shall irrevocably offer to dedicate the Improvements to the City. 1.3 Maintenance of Improvements. Until the dedication of the Improvements is accepted by the City, Declarants shall. maintain and repair or cause to be maintained and repaired the Improvements in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local 2 bodies and agencies having jurisdiction, at Declarants' sole cost and expense. 1.4 Right of City to Construct Improvements. The City may, at its sole discretion, elect to construct the Improvements, either alone or as part of a larger project, through the establishment of an improvement district, assessment district, benefit area, or any other lawful plan or procedl!re for the construction and financing of public improvements ("District"). If the City elects to establish a District, Declarants hereby agree to join the District and pay its proportionate share of the cost of constructing the Improvements. Further, Declarants hereby waive their rights to protest the formation of the District or the imposition of an assessment under the _ Special · Assessment Investigation, Limitation and Majority ProtestAct of 1931, California Streets and Highways Code Sections 2800 et seq. or any other procedure for the establishment of a District and/or the implementation of an assessment. 2.0 Enforcement. 2.1 Rights of City. In the event of any violation or threatened violation of any of the provisions of this Agreement, then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions hereof, the City shall have the right (i) to enforce the provisions hereof as a party hereto and as an owner of the Public Parcel, (ii) to withhold or revoke, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the Property or any part thereof or interests therein as to the violating person or one threatening-violation and (iii) to obtain - from a court of competent jurisdiction an injunction against such violation or threatened · violation. · 2.2 Failure to Perform: Lien. If any owner of the Property defaults on the performance of any of their obligations hereunder, the City, its employees, contractors and agents may, at their s9le option, and .after making reasonable demand of the owners of the Property that it cure said default; cure the default. In making a cure, the City shall give the owners of the Property or their representative,· reasonable notice of the time and manner of said action and said action shall only be at such times and in such manners as reasonably necessary to carry out this Agreement. In such event, the owners of the Property shall reimburse the City for all costs and expenses related to the curing of said default plus interest at a rate of ten percent (10%) per annum commencing on the date that is thirty (30) days after the date notice thereof is given and ending on the date said sum is fully repaid. Any and all delinquent amounts, together with $aid interest, costs and reasonable attorneys fees shall be a personal obligation of the owners of the Property as well as a lien and charge, with power of sale, upon the Property. The City may bring an action at law against the owners of the Property to pay any such sums. The lien provided for in this Section may be recorded by the City as a Notice of Lien against the Property in the Office of the Riverside County Recorder, 3 signed and acknowledged, which Notice of Lien shall contain a statement of the unpaid amount of costs and expenses. Such lien may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction or in accordance with the provisions of Section 2924 of the California Civil Code applicable to the exercise of powers of sale for mortgages and deeds of trust, or in any other manner permitted by California law. Upon the timely curing of any default for which such lien was recorded, the City shall record an appropriate release of such lien, upon payment by the owner of the Property of a reasonable fee to cover the costs of preparing and recording such release, together with the payment of such other costs, including, without limitation, reasonable attorneys fees, court costs, interest or other fees which have been incurred. 3.0 Covenants to Run With the Land. 3.1 Covenants Running With the Land. This Declaration is designed to create equitable servitudes and covenants appurtenant to the Public Parcel and running with the Property. Declarants hereby declare that all of the Property shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the covenants, conditions, restrictions and equitable servitudes,. all Of which are for the purposes of uniformly enhancing or protecting the value, attractiveness and desirability of the Property and the Public Parcel. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the Property and shall be binding upon all persons having any. right, title or interest in the Property, or any part thereof; their heirs, successive owners and assigns; shall inure to the benefit of every portion of the Public Parcel and any interest therein; shall inure to the benefit of the City and its successors and assigns and successors in interest; shall be binding upon the Declarants, their successors and assigns and successors in interest; and may be enforced by the City. 3.2 Agreement Among Declarants, and City. In exchange for granting of the City Approval by the City, the Declarants hereby agree to hold, sell and convey the Property subject to the covenants, conditions, restrictions and reservation$ of this Declaration. Declarants also grant to the City the right and power to enforce the covenants, conditions, restrictions and reservations contained in this Declaration against the Declarants and all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns. 4.0 Miscellaneous. 4.1 Term. The covenants, conditions and restrictions contained in this Declaration shall remain in effect until the Improvements are constructed and accepted by the City. 4.2 Modification. This Declaration may not be modified, terminated or 4 rescinded, in whole or. in part, except by a written instrument duly executed and acknowledged by the parties hereto, their successors or assigns and duly recorded in the Office of the County Recorder, County of Riverside. 4.3 Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. · 4.4 Severability. The invalidity or inability to enforce any provision of this Declaration with respect to a particular party or set of circumstances shall not in any way affect the· validity and enforceability of any other provision hereof, or the same provision when implied to another party or to a ·different set of circumstances. 4.5 Notices. Any notice to be· given under this Declaration shall be given by personal delivery or _by depositing the same in the United States Mail, certified or registered, postage prepaid, to the address set forth on the first page of this Declaration. Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any party may change address for notice by giving written notice of such change to the other party. 4.6 Attorneys' Fees. In any action between the parties seeking enforcement of any of the terms and provisions of this Declaration, the prevailing party in such action shall be awarded, in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorney's fees. 4. 7 Counterparts. This Declaration may be executed in any number of. counterparts each of which shall be an original but all of which shall constitute one and the same document. 5 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. The Michael Edward Flannery 2019 Revocable Trust, dated May 3, 2019 By:~ Michael Edward Flannery, Trustee "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) Moniqu M. Lomeli, CMC City of Palm Springs / Interim City Clerk By: _ _J:.~~~l=::::::::::::~::;...- Jeff Bal in r City of P Springs / City Attorney CITY OF PALM SPRINGS, a municipal corporation Justin Clifton, ICMA-CM City of Palm Springs / City Manager "City" RECOMMENDED BY: Jo ontalvo Ci of Palm Springs / City Engineer S TO OWNERSHIP & RIPTION: By:_-'--l-----=---+---1<r--t--- Rick Mi ares City of aim Springs / E gin ering Associate NOTARY FORMS ON NE T PAGE ACKNOWLEDGMENT A no tary publ ic or other officer completing this cert ificate ver ifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy , or validity of that document. State of California County of Riverside before me , IsScu-A:n. \p~~D CY!>)) }Jo~-1.., Pu1o\: C. (insert name and title of the officer) personally appeared ; c~ ~t,\ dWC\( j. r..U who proved to me on the basis of satisfactory evidence to be the ~rson(.af""whose nam~ are subscribed to the within instrument and acknowled...9..ed to me tha~she/they executed the same in ~/her/their authorized capacity(~. and that by ~/her/their signatureMQn the instrument the perso~ or the entity upon behalf of which the perso~cted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat~ (Seal) Insert Notary Acknowledgement Page Here EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 7 OF LITTLE TUSCANY, IN THE CITY QF -PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18 PAGE 96 OF MAPS, IN THE OFFICE OF THE COUNTY Rl;CORDER OF RIVERSIDE COUNTY. ENG 1. EXHIBIT 11 8 11 DESCRIPTION OF DEFERRED .ITEMS The Engineering Services Department. recommends deferral of off-site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at · such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building. permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 2. Submit future s~reet improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits: Deferred. CHINO CANYON ROAD ENG3. ENG4. ENG5. ENG6. Construct a future 6 inch curb and gutter, 18 feet south of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200 and 300. Deferred. Construct a future driveway . approach in accordance with City of Palm Springs Standard Drawing No: 201. Deferred. · Construct a future 5 feet wide sidewalk .behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing· No. 210. Deferred. (Future) Construct pavement with a·minimum pavement section of 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with . a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing · No. 110 and 300. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections,. and to ensure grade l;>reaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed 9 pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Defe"ed. 10 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California County of Riverside City of Palm Springs ) ) ) ss. On ___ J_~,~ky-'-1----"'?JJ __ , 2o7/b before me, MONIQUE M. LOMELI, CMC, CHIEF DEPUTY CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared JUSTIN CLIFTON, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph i s true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 1/JJ day of .)u ~ '20 1/2- Signature: Monique M. me ·, CMC Chief Deputy City Clerk City of Palm Springs , California 11 CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INST ALL STREET IMPROVEMENTS UPON NOTICE (SINGLE-FAMILY RESIDENCE) Real property in the City of Palm Springs , County of Riverside , State of Ca li fornia , as described: Land described in Exhibit "A" 775 W CHINO CANYON ROAD (APN 504-212-005) Dated: June 23 , 2022 From , MICHAEL EDWARD FLANNERY 2019 REVOCABLE TRUST DATED MAY 3, 2019 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 27 th day of July , 2022 , pursuant to authority granted by the City Council of said City , by Resolution No. 20255 made on the 16th day of January , 2002 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Sprin gs , California, thi s 27 th day of July , 2022. BRENTRASI, DEPUTY CITY CLERK FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO : CITY OF PALM SPRINGS PO Box 2743 Palm Springs , CA 92263-27 43 Attn : City Clerk 2022-0334158 07/27/2022 12 :30 PM Fee :$ 0.00 Page 1 of 11 Recorded in Official Records County of Rive r side Pete r Aldana i1]i~liij{h·~([~Iijiiln 111 Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only) DECLARATION OF COVENANTS , CONDITIONS AND RESTRICTIONS TO EXTEND AND CONNECT TO PUBLIC SANITARY SEWER SERVICE THIS DECLARATION OF COVENANTS , CONDITIONS AND RESTRICTIONS TO INSTALL SEWE ~~ROVEMENTS UPON NOTICE ("Declaration") is entered into this 2;;<'¼ay of 1'1 / , 2022, by and between the Michael Edward Flannery 2019 Revocable Trust, dated May 3, 2019 ("Declarant"), whose address is 465 Villaggio North, Palm Springs, CA 92262 and the CITY OF PALM SPRINGS, a municipal corporation ("City"), whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way, Palm Springs , CA 92263, Attn: City Clerk. RECITALS: A. Declarant is the owner of that certain real property located in the City of Palm Springs , County of Riverside , State of California, commonly known as 775 W Chino Canyon Road, Palm Springs , California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-212-005) ("Property"). The City has fee or easement interests in various streets, sidewalks and other property within the City and is responsible for the planning and development of land within the City in such a manner as to provide for the health, safety and welfare of the residents of the City. B . Declarant desires to obtain building permit(s) and other City approvals to construct a single-family residence upon the Property ("City Approval"). Chapter 15 .14.010 of the City of Palm Springs Municipal Code requires as a condition precedent to the approval of the City Approval, that Declarant connect the buildings to the public sewer. Ordinance 1084 of the City of Palm Springs, adopted January 17 , 1979, amends Section 15.14 .010 and allows an exemption for connection to the public sewer if certain 1 conditions exist. Declarant desires to receive an exemption to connect to the public sewer in accordance with the ~xemptions authorized by Ordinance 1084 anc;t, pursuant to Ordinance 1084, connection to the public sewer can be deferred on the terms more particularly set forth herein. NOW THEREFORE, the Declarant declares, covenants and agrees, by and for itself, its heirs, executors and assigns, and all persons claiming under or through it that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants and restrictions hereinafter set forth, which covenants are established expressly and exclusively for the use anq benefit of the City and the Property. 1.0 Covenants, Conditions and Restrictions. 1.1 Extension of Public Sewer. At any time · after this Declaration is executed by Declarant and the public sewer is constructed by the City or others to a point that is less than 500 feet from the lot line of the Property, then City shall notify Declarant in writing that Declarant must commence· extension of private sewer lines the - necessary distance and connect to the public system ("Notice"). Within one (1) year from the date of the Notice, Declarant shall, at its sole cost and expense, (i) apply for and receive approval of all necessary permits and approvals required by the City to connect to the public sewer and (ii) commence construction. to connect to the public sewer. The construction of the extension to the public sewer shall be in accordance with all laws, ordinances and regulations of the City and any other governmental entity with jurisdiction in effect at the time construction is commenced. 1.2. Dedication of Sewer Improvements. Upon. the completion of the construction to connect to the public sewer and final inspection by the City, Declarant shall irrevocably offer to dedicate the sewer improvements to the City, unless such sewer improvements are considered by the City Engineer to be defined as building sewers and sewer laterals to be maintained by Declarant,. in accordance with Chapter 15.14.040 of the City of Palm Springs Municipal Code. 1.3 Maintenance of Sewer Improvements. in the event Declarant constructs sewer improvements considered by the City Engineer to be defined as public sewer to be maintained by the City, in accordance with Chapter 15.14.040 of the City of Palm Springs Municipal Code, until the dedication of the sewer improvements is accepted l:>y the City, Declarant shall maintain and repair or cause to be maintained and repaired the sewer improvements in a first class conditic>n and repair, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction, at Declarant's sole cost and expense. 2 1.4 Right of City to Construct Sewer Improvements. The City may, at its sole discretion, elect to construct the Improvements, either alone or as part of a larger project, through the establishment of an improvement district, assessment district, benefit area, or any other laWful plan or procedure for the construction and financing of public improvements ("District"). If the City elects to establish a District, Declarant hereby agrees to join · the, District and pay its proportionate share of the cost of con~tructing the sewer improvements. Further, Declarant hereby waives its right to protest the formation of the District or the imposition of an assessment under the Special Assessment Investigation, Limitation and .Majority Protest Act of 1931, California Streets and Highways Code Sections 2800 et seq. or any other procedure for the establishment of a District. and/or th~ implementation of an assessment. 2.0 Enforcement. r 2.1 Rights of City. In the event of any violation or threatened violation of any of the provisions of this Agreement, then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions hereof, the City shall have the right (i) to enforce the provisions hereof as a party hereto, (ii) to withhold or revoke, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses-and similar matters or approvals pertaining to the Property or any part thereof or interests therein as to the violating person or one threatening violation and (iii) to obtain from _ a court of competent jurisdiction an injunction against such violation or threatened_ violation. 2.2 Failure to Perform: Lien. If any_ owner of the Property defaults on - the performance of any of its obligations hereunder, the City, its employees, contractors and agents may, at their sole option, and after making reasonable demand of the owner of the Property that it cure said default, cure the default. In making a cure, the City shall . give the owners of the Property or their representative, reasonable notice of the time and manner of said action and said action shall only be at such times and in such manners as reasonably necessary to carry out_ this Agreement. In such event, the owner of the Property shall reimburse the City for all costs and expenses related to the curing of said · default plus interest at a rate of ten percent (10%) per annum commencing on the date that is thirty (30). days after the date notice thereof is given and ending on the date said sum is fully repaid. Any and all delinquent amounts, together with said_ interest, costs and reasonable attorneys fees shall be a personal obligation of the owner of the · Property as well as a lien and charge, with power of sale, upon the Property. The City may bring an action at law against the owner of the Property to pay any such sums. The lien provided for in this Section may be recorded by the City as.a Notice of Lien against the Property in the Office of the Riverside County Recorder, signed and acknowledged, which Notice of Lien shall contain a statement of the unpaid amount of costs and 3 expenses. Such lien may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction or in accordance with the provisions of Section 2924 of the California Civil Code applicable to the exercise of powers of sale for mortgages and deeds of trust, or in any other manner permitted by California law. Upon _the timely curing of any default for which such lien wa·s recorded, the City shall_ record ari appropriate release of such lien, upon payment by the owner of the Property of a reasonable fee to cover·the costs of preparing and recording such release, together with the payment of such other costs, including, without limitation, reasonable attorneys fees,. court costs, interest or other fees which have been incurred. 3.0 Covenants to Run With the Land. 3.1 Covenants Running. With the Land. This Declaration -is designed to create equitable servitudes and covenants appurtenant to and running with the Property. Declarant hereby declares that all of the Property shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the covenants, conditions, restrictions and equitable servitudes, all of which are for the purposes of providing for the health, safety and welfare of the residents of the City and, specifically, the owner of the Property. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the Property· and shall be binding upon all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall inure to the benefit of the City and its successors and assigns and successors in interest; shall be binding upon the Declarant, its successors and assigns and successors in interest; and may be enforced by the City. 3.2 Agreem~nt among Declarant and City. In exchange for granting of the City Approval by the City, the Declarant hereby agrees to hold, sell and convey the Property subject to the covenants, conditions, restrictions and reservations of this Declaration. Declarant also grants to the City the right and power to enforce the covenants; conditions, restrictions and reservations contained in this Declaration against the Declarant and c1II persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns. 4.0 Miscellaneous. 4.1 Term. The covenants, conditions and restrictions contained in this Declaration shall remain in effect until connection to the public sewer has occurred. 4.2 Modification. This Declaration may not be_ modified, terminated or rescinded, in whole or in part, except by a written instrument duly executed and 4 acknowledged by the parties hereto, their successors or assigns and duly recorded in the Office of the County Recorder, County of Riverside. 4.3 Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. · 4.4 Severability. The invalidity or inability to enforce any provision of this Declaration with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof, or the same provision when implied to another party or to a different set of circumstances. 4.5 Notices. Any notice to be given under this Declaration shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, to the address set forth on the first page of this Declaration. Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any party may change address for notice by giving written notice of such change to the other party. 4.6 Attorneys' Fees. In any action between the parties seeking enforcement of any of the terms and provisions of this Declaration, the prevailing party in · such action shall be awarded, in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorney's fees. 4. 7 Counterparts. This Declaration may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and b~~d~m~l. . 5 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. The Michael Edward Flannery 2019 Revocable Trust, dated May 3, 2019 By:\~ Mic hael Edward Flannery, Trustee "Declarants" (DECLARANTS' SIGNATURES MUST BE NOTARIZED) B : f' Mo iq e . Lomeli, CMC City o aim Springs / Interim City Clerk By:_--a----,,'--~~~-~ Jeff Bal in r City of Palm Springs / City Attorney CITY OF PALM SPRINGS, a municipal corporation ~~~tin CI M MA~ M\U, City of Palm Springs / City Manager "City" RECOMMENDED BY: By :<t~~ J~ontalvo City of Palm Springs / City Engineer AS TO OWNERSHIP & SCRIPTION: By: ----=--+--'----~--.__.....,.... __ _ Rick M " 1ares City Palm Springs / Ass ciate NOTARY FORMS ON NEXT PAGE 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy , or validity of that document. State of California County of Riverside before me , r~4L A""'~i'o ~~ d/4>t-'111r Pu~ ic.. (insert name and title of the officer) personally appeared , .tl f J tv'\fc! i t\.tl who proved to me on the basis of satisfactory evidence to be the person~hose name I are sl,ibscribed to the within instrument and acknowle~ed to me that ~she/they executed the same in ~/her/their authorized capacity(i.95-r , and that by <!J..[Sr her/their signatur$1<)n the instrument the person~r the entity upon behalf of which the person(«acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~ (Seal) Insert Notary Acknowledgement Page Here 7 EXHIBIT 11A 11 LEGAL DESCRIPTION OF PROPERTY LOT 7 OF LITTLE TUSCANY,. IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18 PAGE 96 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. 8 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California County of Riverside City of Palm Springs ) ) ) ss. , 20~ before me , MONIQUE M. LOMELI, CMC, CHIEF DEPUTY CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared JUSTIN CLIFTON, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this Signature: Monique M. omel , CMC Chief Deputy City Clerk City of Palm Springs, California 9 CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E . Tahquitz Canyon Way Palm Springs , CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO EXTEND AND CONNECT TO PUBLIC SANITARY SEWER SERVICE Real property in the City of Palm Springs , County of Riverside , State of California, as described : Land described in Exhibit "A" 775 W CHINO CANYON ROAD (APN 504-212-005) Dated : June 23 , 2022 From, MICHAEL EDWARD FLANNERY 2019 REVOCABLE TRUST DATED MAY 3, 2019 Granter, 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 27 th day of July 2022 , pursuant to authority granted by the City Council of said City , by Resolution No. 20255 made on the 16th day of January , 2002 , and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs , California, this 27th day of July 2022. BRENTRASI, DEPUTY CITY CLERK Customer: Ferreira Construction Co., DBA Ferreira Coastal Construction Co., ATT: Prelim Notice File No: 64901 CA I PUBLICI Owner Project: Bogert Trail Sewage Lift Station Project Notice Requested by and Return To: Rec.10: 676478 TRINITY EQUIPMENT, INC. 2650 South La Cadena Cotton, CA 92324 1 Job No: 5462 CALIFORNIA PRELIMINARY NOTICE - PUBLIC WORKS (THIS NOTICE IS GIVEN PURSUANT TO CALIFORNIA CIVIL CODE §§ 8034(b), 8102, 9300 et seq.) TO: DIRECT CONTRACTOR (see Califomia Civil Code § 8018) Ferreira Construction Co., DBA Ferreira Coastal Construction Co. ATT: Prelim Notice 10370 Commerce Center Dr., Suite B-200 Rancho Cucamonga, CA 91730 TO: CONSTRUCTION SURETY I LENDER (see Califomia Civil Code § 8006, 8506, 8530.8538) Berkshire Hathaway Specialty Insurance Co. ATT: Prelim Notice 1314 Douglas Street, Suite 1400 Omaha, NE 68102-1944 Bond Number 47-SUR-300088-01-0479 TO: PUBLIC ENTITY (see Califomia Civil Code §§ 8036, 9302) City of Palm Springs ATT: Prelim Notice 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Contract #18-18 TO:CUSTOMER Ferreira Construction Co., DBA Ferreira Coastal Construction Co. ATT: Prelim Notice 10370 Commerce Center Dr., Suite B-200 Rancho Cucamonga, CA 91730 JOINT CHECK REQUESTED Please take notice that TRINITY EQUIPMENT, INC., 2650 South La Cadena, Colton, CA 92324, Phone: (951) 790.1652, Fax: (909) 4634985 has furnished or has agreed to furnish the following kind of equipment, labor, materials or services: sales and rental of heavy equipment Relationship to the parties of the one giving this notice (subcontractor, supplier, describe if otherwise): Subcontractor The person to or for whom the same was done or furnished is: Ferreira Construction Co., DBA Ferreira Coastal Construction Co., ATT: Prelim Notice, 10370 Commerce Center Dr., Suite B-200, Rancho Cucamonga, CA 91730, Phone: (909) 606-5900, which was performed in connection with the Bogert Trail Sewage Lift Station Project, 1451 Bogert Trail, Palm Springs, CA 92264 in the County of Riverside. The public entity for the above described work of improvement is City of Palm Springs, ATT: Prelim Notice, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, Phone: (760) 322-8336. The estimated value of all labor, services, equipment and materials to be furnished by Claimant is $50,000.00. The equipment, labor, materials or services was provided or will be provided beginning on April 3, 2024. PROOF OF SERVICE DECLARATION (CALFORNIA CIVIL CODE § § 81WI18) I, Irene Cuevas, declare that I served copies of the above CALIFORNIA PRELIMINARY NOTICE - PUBLIC WORKS, (check appropriate box): ❑By personally delivering copies to Irene Cuevas (names(s) and titles) of person served) at 2650 S. La Cadena Drive. Suite A (address), on (date), at (time). ❑By Registered or Certified Mail, Express Mail or Overnight Delivery by an express service carer, addressed to each of the parties at the address shown above on April 9, 2024. ❑By leaving the notice and mailing a copy in the manner provided in § 415.20 of the California Code of Civil Procedure for service of Summons and Complaint in a Civil Action. RECEIVED I certify under penalty of perjury that the foregoing is We and correct. Signed at Colton, CA on April 9, 2024. �/� APR 16 2024 BY. � V '� r—ZeZ i'!�2 Irene Cuevas, ACCOUNTING DEPARTMENT OFFICE OF THE CITY CLERK Prepared by: TRINITY EQUIPMENT, INC., 2650 South La Cadena, Colton, CA 92324, Phone: 1961) 790-1652, Fax: (909) 463-4985 Trinity Equipment Inc 2650 S LA CADENA DR COLTON CA92324-3708 USPS CERTIFIED MAIL 94071118 9876 5406 7802 54 $5.04 US POSTAGE FIRST-CLASS F` • 1113 0 Apr 09 2024 Mailed from ZIP 92324 3' 3 IOZRRSTClAS LIETfER e PATE M 11923275 062S0011485639 PRELIM NOTICE CITY OF PALM SPRINGS 3200 E. TAHQUIZ CANYON WAY PALM SPRINGS CA92262 llvrlmllPhrllhi1dl911hl1t1i1111111i1111hlllldluh4 FOLD ALONG THIS LINE