HomeMy WebLinkAbout24N207 - 12@Las Palmas (Subdivison Improvement Agreement)CONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance, Monumentation, Labor and Material,
and Maintenance and Warranty bonds.
Contract
Company Name: 12@ Las Palmas, LLC, a California Limited Liability Company
Company Contact: Dennis Cunningham Authorized Representative
Summary of Services: TM 38416 — Subdivision Improvement Agreement
Contract Price: $103,300.00
Funding Source: n/a
Contract Term: 2 year
Contract Administration
Lead Department: Engineering Services
Contract Administrator: Joel Montalvo / Jonathan Samaniego
Contract Approvals J
Council Approval: July 25, 2024
Minute Order: Item l .AA.
Agreement Number: 24N207 J
Contract Compliance
Exhibits: Attached
Signatures: Attached
Insurance: n/a
Bonds: Attached
Contract Prepared By: Engineering Services
Submitted on: 8/26/2024 By: Jonathan Samaniego
2024-0278208
RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P.0.Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
09/16/2024 09:13 AM Fee: $ 0,00
Page 1 of 37
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerrk1Ay_-FRRIy�e�I4cY'orrdd1e�r■rt�j���■
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Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
12@ Las Palmas, LLC, a California Limited
Liability Company
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
1
2.
3.
TABLE OF CONTENTS
Construction Obligations......................................................................................1
1.1
Works of Improvement...............................................................................
1
1.2
Other Obligations Referenced in Conditions of
Tentative Map Approval.............................................................................
2
1.3
Intent of Plans............................................................................................
2
1.4
Survey Monuments....................................................................................
2
1.5
Performance of Work.................................................................................
2
1.6
Changes in the Work.................................................................................
2
1.7
Defective Work..........................................................................................
3
1.8
No Warranty by City...................................................................................
3
1.9
Authority of the City Engineer....................................................................
3
1.10
Documents Available at the Site................................................................
3
1.11
Inspection..................................................................................................
3
1.12
Compliance with Law.................................................................................
4
1.13
Suspension of Work...................................................................................
4
1.14
Final Acceptance of Works of Improvement ..............................................
4
Time for Performance...........................................................................................4
2.1
Commencement and Completion Dates
.................................................... 4
2.2
Phasing Requirements...............................................................................
5
2.3
Force Majeure............................................................................................5
2.4
Continuous Work.......................................................................................
5
2.5
Reversion to Acreage................................................................................
5
2.6
Time of the Essence ..................................................................................6
Labor.................................................................................................................... 6
3.1
Labor Standards........................................................................................
6
3.2
Nondiscrimination......................................................................................
6
3.3
Licensed Contractors.................................................................................6
3.4
Workers' Compensation.............................................................................6
4. Security................................................................................................................ 6
4.1 Required Security ......................................................................................6
4.2 Form of Security Instruments..................................................................... 7
4.3 Subdivider's Liability .................................................................................. 8
4.4 Letters of Credit......................................................................................... 8
4.5 Release of Security Instruments................................................................ 9
5. Cost of Construction and Provision of Inspection
Service................................................................................................................. 9
5.1 Subdivider Responsible for All Related Costs of
Construction............................................................................................... 9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................................................ 10
6. Acceptance of Offers of Dedication.................................................................... 10
7. Warranty of Work................................................................................................ 10
8. Default................................................................................................................10
8.1 Remedies Not Exclusive.......................................................................... 10
8.2 City Right to Perform Work...................................................................... 10
8.3 Attorney's Fees and Costs....................................................................... 11
9. Indemnity............................................................................................................ 11
10 General Provisions............................................................................................. 11
10.1 Successors and Assigns. : ......... —* ..... * ... ***'* .......... - ......... - ....... —** .......... 11
10.2 No Third Party Beneficiaries.................................................................... 11
10.3 Entire Agreement, Waivers and Amendments ......................................... 11
11. Corporate Authority............................................................................................ 11
2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMEN AGREEMENT (this "Agreement") is
entered into this 2 s day of VA 2024, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and 12@ Las Palmas,
LLC, a California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 38416 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs easements 1 and 2 for sidewalk purposes.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $103,300.00.
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1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
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purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
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1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
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rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
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3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. In connection with its performance under this
Agreement, Subdivider shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin (i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Subdivider shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Subdivider certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Subdivider activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Subdivider is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting. This provision
shall also apply to any contractors or subcontractors engaged in construction of the
Works of Improvement.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
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account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$103,300.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $51,600.00 equal to 50% of the estimated construction cost referenced
in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $12,000.00 equal to 100% of
the cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $48,400.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments.
amounts required under Section 4.1 (a) or 4.
minimum requirements and otherwise shall
approved by the City Attorney:
All Security Instruments shall be in the
1(b), as applicable, shall meet the following
be in a form provided by City or otherwise
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
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absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
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Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed -upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
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8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
11
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
A 7 U191-K
By
Brenda Pr e, eity Clerk
City of Palm Springs
APPROVED AS TO FORM:
Jeff allin City orney
City of Palm Springs
SUBDIVIDER:
CITY OF PALM SPRINGS,
Scott C. Stiles, City Manager
City of Palm Springs
AhPrt ViZO V- Ci1l C0 UNOI
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Check one: _Individual _Partnership _Corporation*.
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for allothers, authorized agents must sign this Agreement.
Signature (notarized)
TitIe:/22a2�f���if rC
(For Corporations, this document must For Corporati
be signed in the above space by one of signed in the
the following: Chairman of the Board, following:
President or any Vice President) Officer or y
13
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Assistant T
ment must be
by one of the
ief Financial
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ALL-PURPOSE ACKNOWLEDGMENT
State of Cu
CAPACITY CLAIMED BY
County of Oran4p_
On.Sane 21°, 20;i`l before me, Lorch 3lo4 c, 0011f X Pubic ,
Date Name, Title o Officer
SIGNER
/
IfINDIVIDUAL(S)
personally appeared Dennis - I
GCORPORATE
NAME(S) OFSIGNER(S)
OFFICER(S)
G personally known to me - OR —
TITLE(S)
G proved to me on the basis of satisfactory evidence to be the
GPARTNER(S)
persons(s) whose name(s) is/are subscribed to the within
GATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed
GTRUSTEE(S)
the same in his/her/their authorized capacity(ies), and that by
;,SUBSCRIBING WITNESS
his/her/their signature(s) on the instrument the person(s) or the
GGUARDIAN/CONSERVATOR
entity upon behalf of which the persons(s) acted, executed the
cOTHER
instrument.
Witness my hand and official seal.
SIGNER IS REPRESENTING:
Signature of Notary LOREN STONE
COMM. #2485508 z
c Notary Public - California D
z Orange County o
My Comm. Expires Mar. 26, 2028
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 DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
15
EXHIBIT "A"
TRACT MAP 38416 LEGAL DESCRIPTION
Tract Map No. 38416, as recorded in Map Book W , Pages _3k_ through 38 inclusive, records
of Riverside County, California.
16
EXHIBIT "B"
TENTATIVE TRACT MAP 38416 CONDITIONS OF APPROVAL
17
City Council Resolution No. 25084
Page 12
EXHIBIT A '
Case Nos. 5.1554 CUP, 3.4289 MAJ/DP & TTM 38416
12 @ Las Palmas
January 26, 2023
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case Nos.
5.1554 CUP, 3.4289 MAJ/DP & TTM 38416; except as modified with the
conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped July 11, 2022
(Architectural and Civil) and May 2, 2022 (Tentative Map), including site
plans, architectural elevations, exterior materials and colors, landscaping, and
grading on file in the Planning Division except as modified by the conditions
below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Map. This approval is for Tentative Tract Map 38416. This approval
is subject to all applicable regulations of the Subdivision Map Act, the Palm
Springs Municipal Code, and any other applicable City Codes, ordinances
and resolutions.
ADM 6. Indemnification. The owner/applicant shall defend, indemnify, and hold ,
harmless the City of Palm Springs, its elected officials, agents, officers, and
employees ("Indemnitees") from any claim, action, or proceeding against the
City Council Resolution No 25084
Page 13
' City of Palm Springs or any Indemnitee(s), arising, in any way, out of the
activities authorized by Case Nos. 5.1554 CUP, 3.4289 MAJ/DP & TTM
38416. The City will promptly notify the applicant of any such claim, action, or
proceeding and the applicant will either undertake defense of the matter and
pay the City's associated legal costs or will advance funds to pay for defense
of the matter by the City Attorney. If the City fails to promptly notify the
applicant of any such claim, action or proceeding or fails to cooperate fully in
the defense, the applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the Indemnitees. Notwithstanding the foregoing,
the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so. the City shall waive the
indemnification herein, except. the City's decision to settle or abandon a
matter following an adverse judgment or failure to appeal, shall not cause a
waiver of the indemnification rights herein.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks. bikeways, parking areas.
landscape, irrigation, lighting, walls, and fences that extend onto private
property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
' federal, state, and local bodies and agencies having jurisdiction at the
property owner s sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. Approval of the Major Development Permit
(MAJ/DP) and Conditional Use Permit (CUP) shall be valid for a period of two
(2) years from the effective date of the approval. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause.
ADM 9 Right to Appeal Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 10. Time Extensions. Extensions of time for the Tentative Tract Map may be
approved pursuant to Municipal Code Section 9.63.110. Extensions of time
for the Major Development Permit (MAJ/DP) and Conditional Use Permit
(CUP) may be granted by the Planning Commission pursuant to Zoning Code
Section 94.12.00. Such extensions shall be required in writing and submitted
to Planning Services prior to the expiration of the approval.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
' lieu of a dedication, at the option of the City. The in -lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
City Council Resolution No. 25084
Page 14
share contribution, less any credit given by the City, as may be reasonably '
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community -wide system
and shown on the City's master plan).
ADM 12. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and the Public Arts Commission, and
the property owner shall enter into a recorded agreement to maintain the art
work and protect the public rights of access and viewing. '
ADM 13. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 14. CC&R's. The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Attorney. These CC&R's may be enforceable by the City, shall not be
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances.
ADM 15. CC&R's. Prior to recordation of a final Tract Map or issuance of building
permits, the applicant shall submit a draft declaration of covenants, conditions
and restrictions ("CC&R's") to the Director of Planning for approval in a format
to be approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space I
restrictions.
City Council Resolution No. 25084
Page 15
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-i n-i me rest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may be enforceable by the City, shall not be amended without
City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances,
ADM 16. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of specified in the current fee schedule, for
the review of the CC&R's by the City Attorney. A filing fee as outlined in the
fee schedule shall also be paid to the City Planning Department for
administrative review purposes.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down -lights shall be utilized. No lighting of
hillsides is permitted.
' PLN 2. Water Efficient Landscapinq Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
City Council Resolution No. 25084
Page 16
Municipal Code and all other water efficient landscape ordinances. The '
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance with the water agency's and the State's
Water Efficient Landscape Ordinances.
PLN 3. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for "Cool Roofs". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 4. Maintenance of Awnings & Proiections. All awnings shall be maintained and
periodically cleaned.
PLN 5. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be I
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 7. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. No off -site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 11. Pad Elevations. Final building pad elevations shall not vary more than 12
inches above or below the pad elevation established by the approved
preliminary grading plan and / or tentative map. Any deviations from this ,
provision shall require approval by the Planning Commission.
City Council Resolution No 25084
Page 17
PLN 12. ARC Review. Prior to issuance of building permits. the Applicant shall submit
plans for Architectural Review Committee (ARC) review as required by
Section 94.04.00 of the Zoning Code and include any changes imposed by
the Planning Commission. On December 14, 2022, the Planning Commission
directed that the following be reviewed by the ARC:
a. Applicant to provide clear detail of block design on single -story units facing
Palm Canyon and ARC to verify consistency with the renderings.
b. Landscape plan and tree selection for planters along Palm Canyon, noting
concern of limited vertical space with proposed building.
PLN 13. Entry Gate. The entry gate shall be removed the plans and the development
shall remain ungated.
PLN 14. Onsite Improvements on Westerly Frontage. The proposed wall on the
westerly edge of the site shall be setback five feet and desert landscape shall
be installed between said wall and the sidewalk.
PLN 15. EV Charging Station. Pursuant to Section 93.06.00 of the PSZC (Off -Street
Parking) establishes the number of EV charging stations for new or renovated
commercial development, and for new multi -family residential development.
' PLN 16, 12/14/12 Planning Commission Meeting. In accordance with the Planning
Commission's decision on December 14, 2022, the applicant shall complete
the following:
a. Stop Sign at Protect Exit. Install a stop sign at the vehicular egress to the
satisfaction of the City Engineer.
b. Household Waste Generated by Accessory Dwelling Units. The CC&Rs
prepared for this subdivision shall require that condominium owners with
detached accessory dwelling units be responsible for receiving and proper
disposal of any household waste generated from any occupants) or
tenants) of their corresponding detached accessory dwelling unit. The
CC&RS shall also require that, in the event of the condominium owner
leases the primary condominium unit, the lessee of the primary unit shall
be responsible for receiving and proper disposal of any household waste
generated from any occupant(s) or sub -tenants) of the corresponding
detached accessory dwelling unit, if permitted. Household waste includes
trash, green waste, recycling and organic refuse
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section 11 of Chapter 8.04 'Building Security
Codes" of the Palm Springs Municipal Code.
City Council Resolution No. 25084
Page 18
BUILDING DEPARTMENT CONDITIONS '
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Services Department recommends that if this application is approved,
such approval is subject to the following conditions being completed in compliance with
City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
All Grading Plans, Improvement Plans, Required Studies and Documents listed below,
must be submitted to Engineering Services Department for review and approval.
GENERAL
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit. All improvements are subject to inspection
and a 24 to 48 hour inspection notification is required. ,
ENG 2. Submit street 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.
NORTH PALM CANYON DRIVE
ENG 3. Construct sidewalk from back of curb to property line along the entire
frontage in accordance with City of Palm Springs Standard Drawing No.
210.
ENG 4. Remove the existing driveway approaches and replace with curb, gutter
and sidewalk to match existing improvements in accordance with City of
Palm Springs Standard Drawing No. 200 and 210.
ENG 5. Contact the Director of Facilities to determine if the existing palm trees,
irrigation, and street lights along the North Palm Canyon Drive frontage
will have to be replaced and/or upgraded in conjunction with this project.
ENG 6. Remove and replace existing asphalt concrete pavement where required,
in accordance with applicable City standards.
ENG 7. All broken or off grade street improvements along the project frontage I
shall be repaired or replaced.
City Council Resolution No. 25084
Page 19
I
CAMINO NORTE
ENG 8. Construct a 6 inch curb and gutter, 18 feet east of centerline along the
entire frontage of APN 505-182-005 AND 505-182-004 to match existing
improvements in accordance with City of Palm Springs Standard Drawing
No. 200.
ENG 9. Construct a driveway approaches (main entrance 26' feet wide) in
accordance with City of Palm Springs Standard Drawing No. 201.
ENG 10. Dedicate an easement 2 feet wide along the back of the driveway
approach and or utility structures for sidewalk purposes. 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 right-of-way plan
check fee shall be paid by the applicant in effect at the time that the
dedication is submitted
ENG 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage
of APN 505-182-005 AND 505-182-004 to match existing improvements in
accordance with City of Palm Springs Standard Drawing No. 210.
' ENG 12. 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 of APN 505-182-005 AND 505-182-004 in accordance with
City of Palm Springs Standard Drawing No. 110. (Additional pavement
removal and replacement may be required upon review of existing
pavement cross -sections, and to ensure grade breaks of the pavement
cross-section do not occur within a travel lane.) If an alternative pavement
section is proposed, the proposed 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.
ENG 13. Remove and replace existing asphalt concrete pavement where required,
in accordance with applicable City standards.
ENG 14. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
ON -SITE
ENG 15. For on -site bay parking in residential and commercial zones, paving
material shall be decorative paving, colored and/or patterned to relate to
the overall design in accordance with Zoning Code 93.06.00.C.15.e.
City Council Resolution No. 25084
Page 20
ENG 16. The minimum pavement section for all on -site pavement (drive aisles, '
parking spaces ) shall be 3 inches asphalt concrete pavement over 4
inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal. If an alternative pavement
section is proposed, the proposed 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.
ENG 17. All on -site drive aisles shall be two-way with a minimum 26 feet wide
travelway (as measured from face of curb) where no on -street parking is
proposed.
ENG 18. On -site drive aisles or parking lots shall be constructed with curbs, gutters,
and cross -gutters, as necessary to accept and convey street surface
drainage of the on -site streets to the on -site drainage system, in
accordance with applicable City standards.
SANITARY SEWER
ENG 19. All sanitary facilities shall be connected to the public sewer system (via the
proposed on -site private sewer system). New laterals shall not be I
connected at manholes.
ENG 20. Pay a sewer assessment fee of $424.92 in accordance with the terms of
the Sewer Construction Refund Agreement between the City of Palm
Springs and Ted Pelton, Sewer Agreement No. 1418. The fee shall be
paid prior to issuance of a building permit.
GRADING
ENG 21. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Services Department for review and approval.
The Precise Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant
and/or its grading contractor and submitted to the Engineering Services
Department for review and approval. The applicant and/or its grading
contractor shall be required to comply with Chapter 8.50 of the City of
Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the
Coachella Valley Fugitive Dust Control Handbook for each fugitive dust
source such that the applicable performance standards are met. The '
applicant's or its contractor's Fugitive Dust Control Plan shall be prepared
by staff that has completed the South Coast Air Quality Management
City Council Resolution No. 25084
Page 21
District (AQMD) Coachella Valley Fugitive Dust Control Class. The
applicant and/or its grading contractor shall provide the Engineering
Services Department with current and valid Certificate(s) of Completion
from AQMD for staff that have completed the required training. For
information on attending a Fugitive Dust Control Class and information on
the Coachella Valley Fugitive Dust Control Handbook and related "PM10"
Dust Control issues, please contact AQMD at (909) 396-3752, or at
htto://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with
the Coachella Valley Fugitive Dust Control Handbook, shall be submitted
to and approved by the Engineering Services Department prior to approval
of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report; a copy of the project -specific Final
Water Quality Management Plan.
ENG 22. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from
' the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist ( a copy of the written approval must be
provided to the City) . The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at ACBCI-
THPO(&aquacaliente.net to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as
early as possible. If required, it is the responsibility of the applicant to
coordinate scheduling of Tribal monitors during grading or other
construction, and to arrange payment of any required fees associated with
Tribal monitoring.
ENG 23. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening
that is tan in color; green screening will not be allowed. Temporary dust
control perimeter fencing shall be installed after issuance of Grading
Permit, and immediately prior to commencement of grading operations.
ENG 24. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall
be adequately anchored into the ground to resist wind loading.
ENG 25. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
City Council Resolution No, 25084
Page 22
areas on -site shall be permanently stabilized, in accordance with Palm '
Springs Municipal Code Section 8.50.022. Following stabilization of all
disturbed areas, perimeter fencing shall be removed, as required by the
City Engineer.
ENG 26. A Notice of Intent (NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system.
A copy of the executed letter issuing a Waste Discharge Identification
(WDID) number shall be provided to the City Engineer prior to issuance of
a grading or building permit.
ENG 27. This project requires preparation and implementation of a stormwater
pollution prevention plan (SWPPP). As of September 4, 2012, all
SWPPPs shall include a post -construction management plan (including
Best Management Practices) in accordance with the current Construction
General Permit. Where applicable, the approved final project -specific
Water Quality Management Plan shall be incorporated by reference or
attached to the SWPPP as the Post -Construction Management Plan. A
copy of the up-to-date SWPPP shall be kept at the project site and be
available for review upon request. ,
ENG 28. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre at the time of issuance of grading
permit for mitigation measures for erosion/blowsand relating to this
property and development.
ENG 29. A Geotechnical/Soils Report prepared by a California registered
Geotechnical Engineer shall be required for and incorporated as an
integral part of the grading plan for the proposed development. A copy of
the Geotechnical/Soils Report shall be submitted to the Engineering
Services Department with the first submittal of a grading plan.
ENG 30. The applicant shall provide Grading Certification for all building (or
structure) pads in conformance with the approved grading plan to the
Engineering Services Department for review and approval.
ENG 31. In cooperation with the California Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and
involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in '
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles
City Council Resolution No 25084
Page 23
Counties" (Revised - RIFA Form CA-1) prior to approval of the Grading
Plan (if required). The California Department of Food and Agriculture
office is located at 6819 East Gage Avenue, Commerce, Ca 90040
(Phone(760)782-3271,(562)505-6415),Sonia.Oran@cdfa.ca.gov.
WATER QUALITY MANAGEMENT PLAN
ENG 32. This project shall be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit
issued for the Whitewater River Region from the Colorado River Basin
Regional Water Quality Control Board (RWQCB). The applicant is
advised that installation of BMP's, including mechanical or other means for
pre -treating contaminated stormwater and non-stormwater runoff, shall be
required by regulations imposed by the RWQCB. It shall be the
applicant's responsibility to design and install appropriate BMP's, in
accordance with the NPDES Permit, that effectively intercept and pre -treat
contaminated stormwater and non-stormwater runoff from the project site,
prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such
measures shall be designed and installed on -site; and provisions for
' perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictions (CC&R's) required for the development (if
any).
ENG 33, A Final Project -Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a
grading or building permit. The WQMP shall address the implementation
of operational Best Management Practices (BMP's) necessary to
accommodate nuisance water and storm water runoff from the site. Direct
release of nuisance water to the adjacent property (or public streets) is
prohibited. Construction of operational BMP s shall be incorporated into
the Precise Grading and Paving Plan.
ENG 34 Prior to issuance of any grading or building permits, the property owner
shall record a "Covenant and Agreement" with the County -Clerk Recorder
or other instrument on a standardized form to inform future property
owners of the requirement to implement the approved Final Project -
Specific Water Quality Management Plan (WQMP). Other alternative
instruments for requiring implementation of the approved Final Project -
Specific WQMP include: requiring the implementation of the Final Project -
Specific WQMP in Home Owners Association or Property Owner
' Association Covenants, Conditions, and Restrictions (CC&Rs), formation
of Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project-
City Council Resolution No. 25084
Page 24
Specific WQMP; or equivalent. Alternative instruments must be approved
by the City Engineer prior to issuance of any grading or building permits.
,
DRAINAGE
ENG 35.
All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City
Engineer. For all stormwater runoff falling on the site, on -site retention or
other facilities approved by the City Engineer shall be required to contain
the increased stormwater runoff generated by the development of the
property. Provide a hydrology study to determine the volume of increased
stormwater runoff due to development of the site, and to determine
required stormwater runoff mitigation measures for the proposed
development. Final retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the
final hydrology study. No more than 40-50% of the street frontage
parkway/setback areas should be designed as retention basins. On -site
open space, in conjunction with dry wells and other subsurface solutions
should be considered as alternatives to using landscaped parkways for
on -site retention.
'
ENG 36.
The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $ 10,311.99 per acre in
accordance with Resolution No. 15189. Fees shall be paid prior to
issuance of a building permit.
GENERAL
ENG 37. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall
be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115.
ENG 38. All proposed utility lines shall be installed underground.
ENG 39. All existing utilities shall be shown on the improvement plans if required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 40. Upon approval of any improvement plan (if required) by the City Engineer,
the improvement plan shall be provided to the City in digital format,
consisting of a DWG (AutoCAD 2015 drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. ,
Variation of the type and format of the digital data to be submitted to the
City may be authorized, upon prior approval by the City Engineer.
City Council Resolution No. 25084
Page 25
ENG 41. The original improvement plans prepared for the proposed development
and approved by the City Engineer (if required) shall be documented with
record drawing "as -built' information and returned to the Engineering
Services Department prior to issuance of a final certificate of occupancy.
Any modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
ENG 42. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning
Code Section 93.02.00, D.
ENG 43. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No.
904.
ENG 44. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF).
The LDMF shall be paid prior to issuance of Building Permit.
MAP
ENG 45. The developer shall apply for an annexation to the City of Palm Springs
Community Facilities District established for public safety services and
submit required applications, waivers, and consent forms to the
annexation prior to approval of a final map. Payment of an annexation fee
($7,500) and shall be made at the time of the application. The annexation
shall be completed by action of the city council in a public hearing, prior to
processing a final map for approval.
ENG 46. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Services
Department for review and approval. A Title Report prepared for
subdivision guarantee for the subject property, the traverse closures for
the existing parcel and all lots created therefrom, and copies of record
documents shall be submitted with the Final Map to the Engineering
Services Department as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
ENG 47. In accordance with Government Code Section 66499, the Tentative Tract
Map is subject to construction of all required public improvements. Prior to
approval of a Tract Map, all required public improvements shall be
secured by a construction agreement and bonds in accordance with
Government Code Section 66499.
City Council Resolution No. 25084
Page 26
ENG 48. Acceptance of public improvements required of this development shall be ,
completed by resolution of the City Council to release the faithful
performance bond and acceptance of replacement maintenance bond to
be held for one year. An inspection will be performed nine months after
said acceptance as part of the notice of completion process, a notice of
completion will be filed certifying the improvements are complete.
f%7_133r
ENG 49. A minimum of 48 inches of clearance for accessibility shall be provided on
public sidewalks. Minimum clearance on public sidewalks shall be
provided by either an additional dedication of a sidewalk easement if
necessary and widening of the sidewalk, or by the relocation of any
obstructions within the public sidewalk along the frontage of the subject
property.
ENG 50. Construction signing, lighting and barricading shall be provided during all
phases of construction as required by City Standards or as directed by the
City Engineer. As a minimum, all construction signing, lighting and
barricading shall be in accordance with Part 6 "Temporary Traffic Control'
of the California Manual on Uniform Traffic Control Devices (CAMUTCD), I
dated November 7, 2014, or subsequent editions in force at the time of
construction.
ENG 51. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted
fire codes. Detailed plans are still required for review. Conditions are subject
to final plan check and review.
FID 2. Fire Department Conditions were based on the 2019 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD
Appendix "T" Development Requirements and latest adopted NFPA
Standards. Three (3) complete sets of plans for fire sprinkler system plans,
underground water improvement plans, & fire alarm plans must be submitted
prior to a building permit being released.
FID 3. Conditions of Approval — "Conditions of Approval' received from the Palm I
Springs Planning Department must be submitted with each plan set. Failure
to submit will result in a delay of plan approval.
City Council Resolution No. 25084
Page 27
FID 4. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can
take up to 20 working days. Submit a minimum of three (3) sets of drawings
for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday — Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs City
Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
' Prevention Bureau prior to installation.
Plans shall include all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supporting data, (calculations
and manufacturers technical data sheets) including fire flow data, shall be
submitted with each plan submittal. Complete and accurate legends for all
symbols and abbreviations shall be provided on the plans.
FID 5. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 24 feet and an unobstructed
vertical clearance of not less than 13'-6". Fire Department access roads shall
have an all-weather driving surface and support a minimum weight of 73,000
lbs.
FID 6. Required access (CFC 504.1): Exterior doors and openings required by this
code or the California Building Code shall be maintained readily accessible
for emergency access by the fire department. An approved access walkway
leading from fire apparatus access roads to exterior openings shall be
provided when required by the fire code official.
FID 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
City Council Resolution No. 25084
Page 28
immediate access is necessary for life-saving or fire -fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location. The key box shall be flush mount type and shall contain keys to gain
necessary access as required by the fire code official.
Secured emergency access gates serving apartment, town home or
condominium complex courtyards must provide a key box in addition to
association or facility locks. The nominal height of Knox lock box installations
shall be 5 feet above grade. Location and installation of Knox key boxes must
be approved by the fire code official.
FID 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all
areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms,
mechanical rooms, elevator rooms, elevator controls, plus a card containing
the emergency contact people and phone numbers for the building/complex.
FID 9. NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13, 2016 Editions, as modified by local ordinance.
FID 10. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length
shall be provided with an approved area for turning around a fire apparatus, '
or hammer head as approved by the City's Engineering Department.
FID 11. Designated Fire Lanes: in private developments shall be not less than 24
feet wide (curb face to curb face) with no parking on either side and shall be
identified as afire lanes with red curb, stating in white lettering " NO PARKING
FIRE LANE", or by approved signage, or by both red curb with lettering and
signage.
FID 12. Fire Department Access Roads/Driveways: Shall be provided so that no
portion of the exterior wall of the first floor of any building will be more than
150 feet from such roads.
FID 13. Private Fire Hydrants: Additional private hydrants may be required.
FID 14. Security Gates: A Knox key operated switch shall be installed at every
automatic gate. Secured automated vehicle gates or entries, if approved for
installation, shall utilize a combination of a Tomar StrobeswitchTM, or
approved equal, and an approved Knox key switch when required by the fire
code official. Secured non -automated vehicle gates or entries, if approved for
installation, shall utilize an approved padlock or chain (maximum link or lock
shackle size of inch) when required by the fire code official.
END OF CONDITIONS ,
Bond No. 800146090
SUBDIVISION IMPROVEMENT AGREEMENT
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs, California ("City") and 12@ Las Palmas, LLC,
a California Limited Liability Company ("Principal"), have executed an agreement for work
consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and
incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary
sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other
required facilities for Tract Map No. 38416 ("Public Improvements');
WHEREAS, the Public Improvements to be performed by Principal are more particularly
set forth in that certain Subdivision Improvement Agreement dated -Ctdw 2S
2024, ("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by
reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and
sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty
the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and Atlantic Specialty Insurance Company ("Surety'), a
corporation organized and existing under the laws of the State of New York ,
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto City in the sum of ONE HUNDRED AND THREE THOUSAND THREE
HUNDRED DOLLARS ($103,300.00), said sum being not less than one hundred percent (100%)
of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions, agreements, guarantees, and
warranties in the Improvement Agreement and any alteration thereof made as therein provided,
to be kept and performed at the time and in the manner therein specified and in all respects
according to their intent and meaning, and to indemnify and save harmless City, its officers,
employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and
specifications related thereto, or to the Public Improvements to be constructed thereunder, shall
55575.00001\32051186.1
in any way affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499, et seq., of the California
Government Code as security for performance of the Improvement Agreement and security for
the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 24th day of
June , 2024.
(Corporate Seal)
(Corporate Seal)
(Attach Attomey-in-Fact Certificate)
12 t@ Las Papa, LLC, a California Limiter! Liab!lity Company
PrinciD �-_
Atlantic Specialty Insurano2 Company
Surety = L SEAL
T
By Y 1986 0:
yOP�Ab
Title Attomey-in-Fact
The rate of premium on this bond is $20.00 per thousand. The total amount of premium
charges is $ 2,066.00/Annuai - First Term Fuiiy Earned
(The above must be filled in by corporate atomey.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Atlantic Specialty Insurance Company
605 Highway 169 North, Suite 800
Plymouth, MN 55441
(Name and Address of Agent or Performance Bonding Surety & Insurance Brokerage
Representative for service of 15901 Red Hill Avenue, Suae 100
process in California, if different Tustin, California 92780
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
55575.00001 \32051186.1
714.505.7011
k 1 tt'
Notary 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 QI'a�—
On05), 20?-q, before me, Notary Public, personally
appeared 1)ey)/)iS dC04 r �Al ke—ny ho proved to me on the basis of satisfactory
evidence jq be the person(s) whose name(sre subscribed to the within instrument and ackdged to
me thatVeshe/they executed the same in I her/their authorized capacity(ies), and that b edtheir
signaturon the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
°'r� AAR0M JAY SANDLER ► WITNESS and and offici seal.
COMM. # 2444456 rrnn
NOTARY PUBLIC•CALIFORNU VI
Los PU LIC COUNTY
GcnoxN MY CO", EXP. APR. i l.11
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
-----------------
------------ -
Title(s) -- - -- - — —
Partner(s) " Limited
General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
NOTE: This acknowledgment is to be completed for Principal.
55575.00001 i32051186.1
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
intact
INSURANCE
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Albert Melendez, Christina Rogers, Erik Johanson, Jennifer Anaya, Joaquin Perez, Martha Barreras, Melissa
Lopez, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all
bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall
exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in
pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.
This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE
COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer') may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto: and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretay or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this first day of January, 2023.
qG` G04pOq� �4
SEAL m=
1986 0 f By
STATE OF MINNESOTA 'Zy qF P� a'
w Yo a Sarah A. Kolar, Vice President and General Counsel
HENNEPIN COUNTY t%�1 tr r fir`'
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY. to
me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same. and being by me
duly swom, that she is the said officer of the Company aforesaid, and that the seat affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
�Q ALISON 4WAN NASHTROUT
NOTARY PUBLIC • MINNESOTA
My Commission Expires
pw January3l, 2025
41,W_
Notary Public
1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 24th day of June 2024
\��iv to Srr9,,
=� SEAL m=
1986 0
This Power of Attorney expires r$b yew pat a=
January 31, 2025
Kara L.B. Barrow, Secretary
Please direct bond verifications to suretylj)intactinsurance.com
Bond No. 800146090
SUBDIVISION IMPROVEMENT AGREEMENT
PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs, California ("City") and 12@ Las Palmas, LLC,
a California Limited Liability Company ("Principal"), have executed an agreement fbr work
consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and
incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary
sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other
required facilities for Tract Map No. 38416 ("Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly
set forth in that certain Subdivision Improvement Agreement dated �� � S
2024, ("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by
reference; and
WHEREAS, Principal is required by the Improvement Agreement before entering upon the
performance of the work to provide a good and sufficient payment bond to secure the claims to
which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the
Califomia Civil Code.
NOW, THEREFORE, Principal and Atlantic Specialty Insurance Company ("Surety'), a
corporation organized and existing under the laws of the State of New York
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other
persons employed in the performance of the Improvement Agreement and referred to in Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of
FIFTY ONE THOUSAND SIX HUNDRED DOLLARS ($51,600.00), said sum being not less than
one hundred percent (100%) of the total cost of the Public Improvements as set forth in the
Improvement Agreement, for materials fumished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay
the same in an amount not exceeding the amount hereinabove set forth.
As part of the obligation secured hereby, and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies, and corporations entitled to file claims under Title 3 (commencing
with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them
or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect.
55575.00001\32051186.1
Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and
specifications related thereto, or to the Public Improvements to be constructed thereunder, shall
in any way affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499, of seq., of the California
Government Code as security for labor performed and materials provided in connection with the
performance of the Improvement Agreement and construction of the Public Improvements.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 24th day of
June 2024.
(Corporate Seal)
(Corporate Seal)
(Attach Attomey-in-Fact Certificate)
12@ Las Palr909, LLC, a California Limited Liability Company
Atlantic Specialty Insurance Company
Surety \P�j V,.,.NS�9'''
By
— SEAL R+
Y 1986 0
J
Title Martha Barreras. Attornev-ln-Fact
The rate of premium on this bond is $20.00 per thousand. The total amount of premium
Charges Is .gyp Premium included with Performance Bond
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Atlantic Specialty Insurance Company
605 Highway 169 North, Suite 800
Plymouth, MN 55441
(Name and Address of Agent or Performance Bonding Surety & Insurance Brokerage
Representative for service of 15901 Red Hill Avenue, Suite 100
process in California, if different Tustin, California92780
from above)
(Telephone number of Surety 714.505.7011
and Agent or Representative for
service of process in Califomia)
55575.00001 \32051186.1
Notary 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 C 1
COUNTY OF
On 20�'-before me,f0 J"�) bko-1011,Notary Public, personally
appeared law ' who proved t e on the basis of satisfactory
evidence to be the person(s) whose name(s�)s/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
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and corre
DIANA REYES WITNESS and a off I seal.
~ " COMM. #2334126
r— fi V, Notary Public - califomia
RIVERSIDE COUNTY
My Comm. Expires OCT. 7, 2024
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Titles)
Title or Type of Docun
Partner(s) Limited
General
Number of Pages
Attorney -In -Fact
" Trustee(s)
" Guardian/Conservator
Date of Document
" Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Name
NOTE: This acknowledgment is to be completed for Principal.
55575.00001\32051186.1
Above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 I
County of Orange
On JUN 2 4 Z024 , before me, Albert Melendez Notary Public,
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(K) whose name(A) is/a)te
subscribed to the within instrument and acknowledged to me that ke/she/thty executed the same
in W/her/their authorized capacity(ixs), and that by his/her/thleir signature(so on the instrument
the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
aCBERT MELENDEZ
Votary ?uhlic • California
i C
Orange County
Commission 1 2391461
My CorrT. Expires Jan 23, 2026
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
SIGNATURE
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date:
Signer(s) Other than Named Above:
Number of Pages:
intact
INSURANCE
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Albert Melendea, Christina Rogers, Erik Johansson, JenniFer Anaya, Joaquin Perez, Martha Barrera% Melissa
Lopez, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all
bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall
exceed in amount the sum of: tmlfmited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in
pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.
This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE
COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this first day of January, 2023.
`;;POKY, INg`9,
�QG cOPPORgp�,9n?
SEAL m°_
1986 o By
STATE OF MINNESOTA c26 �Fw yoP'4`ya>
HENNEPIN COUNTY `,>ttr
Sarah A. Kolar, Vice President and General Counsel
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to
me personally known to be the individual and officer described in and who executed the preceding insttvment, and she acknowledged the execution of the same, and being by me
duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seat of said Company and that the said seat and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
Al{SON QWAN NASH tROUT
NOTARY PUBLIC-MINNESOTA
My Commission Expires
PW January 31, 2025
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 24th day of June 2024
Qc CpRPQRgr�9��:
SEAL
`9 1986 0_
This Power of Attorney expires `'%- ". yoQ't -
ry-A.tf
January .>lv tN.
Kara L.B. Barrow, Secretary
Please direct bond verifications to _uretyLa)intdClinsurance.L:om
in any way affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration, or addition.
This bond is executed and filed to complywith Section 66496 of the California Government
Code as security for installation and payment of survey monumentation as set forth in the
Improvement Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 24th day of
June , 2024 .
(Corporate Seal) 12@ Las Palm LLC, a California Limited Liability Company
Principal
f
;Z�L
By
1S r lirlr
Title��
(Corporate Seal) Atlantic Specialty Insurance Company
Surety iv inig'
Sure �9-•.,
By _'�G �SEAL�9 m
1986 0
yF4y YOp'+,da'
(Attach Attomey-in-Fact Certificate) Title Martha Barreras, Attorney -In -Fact -.',fib ��•'
The rate of premium on this bond is $20.0o per thousand. The total amount of premium
charges Is $ $240.00 / Annual - First Term Fully Earned
(The above must be filled in by corporate attomey.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Atlantic Speciatty Insurance Company
605 Highway 169 North, Suite 800
Plymouth, MN 55441
(Name and Address of Agent or Performance Bonding Surety & Insurance Brokerage
Representative for service of 15901 Red Hill Avenue, suite 100
process in California, if different Tustin,Califomia92780
from above)
(Telephone number of Surety 714.505.7011
and Agent or Representative for
service of process in California)
5 5 5 75.00001 \320 5118 6.1
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only theidentity 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 C Tj N
COUNTY OF L D4kry
On 20 before me I Public, personally
appeared 1S 1Jh who proved to 4on the basis of satisfactory
evidence to be the person(s) whose nam 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
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct
�Mw> DIANA REYES WITNESS my h d ial seal.
COMM. #2334126 -+
Notary Public - Califomia
RIVERSIDE COUNTY w
My Comm. Expires OCT. 7, 2024
Signature of Notary Public
OPTIONAL � ) t)
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Docun
Partner(s) Limited
General Number of Pages
Attorney -In -Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Principal.
55575.00001\32051186.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 I
County of Orange
On JUN 2 4 2024 , before me, Albert Melendez
Notary Public,
personally appeared
Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(u) whose name(A) is/ate
subscribed to the within instrument and acknowledged to me that ire/she/thty executed the same
in W/her/Okir authorized capacity(ixs), and that by his/her/their signature(o on the instrument
the person(g), or the entity upon behalf of which the person(g) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
ALBERT mELENDEZ
Notary Public -California
Orange County WITNESS my hand and official seal.
Commission 4 2391461
My Comm. Expires Jan 23, 2026
SIGNATURE
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of
Document Date:
Signer(s) Other than Named Above:
umber of Pages:
intact
INSURANCE
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Albert Melendez, Christina Rogers, Erik Johanson, Jennifer Anaya, Joaquin Perez, Martha Barreras, Melissa
Lopez, each individually it there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all
bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall
exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in
pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.
This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE
COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer') may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this first day of January, 2023.
,.P�SY, IN SG'•,
2G GO�PORgrF,92�'-;
SEAL m L
'-_ 1986 "o By
STATE OF MINNESOTA %Zb �Fw vo?�aa3 Sarah A. Kolar, Vice President and General Counsel
HENNEPIN COUNTY �� e w „, �N•
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to
me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same. and being by me
duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seat of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ab, ALISON MAN RASH TROUT
NOTARY PUBLIC • MINNESOTA
My Commission Expires
January 31, 2025
t54 I'I /V1ujl'i�
Notary Public
1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 24th day of June 2024.
eG GpRPQRgTE,92�
SEAL m_
-_" 1986 0
This Power of Attorney expires =r26 zFw voPaa:'
January 31, 2025
Kara L.B. Barrow, Secretary
Please direct bond verifications to su Let yLo)intact inSurdnce. con
Bond No. 800146090-M
CITY OF PALM SPRINGS
BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS
WHEREAS, the City Council of the City of Palm Springs, State of California, and
12@ Las Palmas, LLC, a California Limited Liability Company (hereinafter designated
as "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, identified as
the Subdivision Improvement Agreement for Tract Map No. 38416, is hereby referred to
and made a part hereof; and
WHEREAS, Principal is required under the terms of said Agreement to maintain
and guarantee the costs or repair and/or replacement of defective materials or defective
workmanship in such improvements, which guarantee shall remain in effect for a period
of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter
called "City'), and to furnish a bond for the faithful performance of said Agreement and
the payment of all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of any such maintenance and warranty work.
WHEREAS, Principal has completed said work and the City has accepted, or
substantially concurrently herewith is accepting, said work, subject to the requirement of
delivery of this obligation.
NOW THEREFORE, we, the Principal, and Atlantic Specialty Insurance Company , as
Surety, are held and firmly bound unto the City, and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid
Agreement, for one (1) year from and after the date of completion and acceptance of
said work, in the penal sum of FORTY EIGHT THOUSAND FOUR HUNDRED
($48,400.00), lawful money of the United States, for replacement and repair of any and
all defective materials or defective workmanship within said improvements, and the
payment of all materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor in connection with
any such maintenance or warranty, that said surety will pay the same in an amount not
exceeding the amount hereinabove set forth, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions
in the said Agreement respecting the repair and replacement of defective workmanship
and materials thereof made as therein provided, on his or their part to be kept and
Maintenance & Warranty Bond
Page 2
performed at the time and in the manner therein specified, and in all respects save
harmless the City of Palm Springs, its officers, agents and employees, as therein
stipulated, then this obligation becomes null and void; otherwise it shall be and remain in
full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
(Signatures on Next Page)
Maintenance & Warranty Bond
Page 3
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on June 24 2024.
SUBDIVIDER:
12@ Las Palmas, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation* _Company
*Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
Signature (notarized)
Name:
Title
(For Corporations, this document must
be signed in the above space by one of
the following: Chairman of the Board,
President or any Vice President)
64-91=i1
By: Atlantic Specialty Insurance Company
(Surety Name)
LIM
Signature (notari
For Corporations, this document must be
signed in the above space by one of the
following: Secretary, Chief Financial
Officer or any Assistant Treasurer)
By:
Martha Barreras, Attorney -In -Fact
(All Signatures Shall Be Notarized)
ALL-PURPOSECALIFORNIA . •.
CL.�C_�< L.�CaC.a:_. .. . •.a..c� •_'�C.�C.A•..JC L. ._s�s� ...�C ...�C Ca C . . ..•.�: < C.a<.aS.a�•:a�...�C.c�t.
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 C
County of
'Orj
personally
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 signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS
DIANA REYES
s�.. COMM. #2334126 Signature
Notary Public - California CA
+4* RIVERSIDE COUNTY
�IMy Comm. Expires OCT. 7, 2024
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this fort i' to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Oth Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
El Partner — El Limited ElGeollal
❑ Individual ❑ Attorney ifi Fact
❑ Trustee ❑ Guardi n or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Maintenance & Warranty Bond
Page 4
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California if
different from above)
(Telephone Number of Surety and
Agent or Representative for
service of process in California)
(Name and Address of Principal)
Atlantic Specialty Insurance Company
605 Highway 169 North, Suite 800
Plymouth, MN 55441
Performance Bonding Surety & Insurance Brokerage
15901 Red Hill Avenue, Suite 100
Tustin, California 92780
714,505.7011
12 @ Las Palmas LLC
50 Sea Pine Lane
Newport Beach, CA. 92660
(Telephone Number of Principal) 760-578-0181
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 I
County of Orange
On JUN 2 4 2024 , before me, Albert Melendez Notary Public,
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(A) is/ate
subscribed to the within instrument and acknowledged to me that ire/she/thty executed the same
in his/her/their authorized capacity(ixs), and that by his/her/their signature(s) on the instrument
the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
AL3ERT MELENDEZ
J Votary Pubiic • California z
Orange County g_
Commission # 2391461
My Comm. Expires Jan 23, 2026
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
SIGNATURE VA::�
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date:
Signer(s) Other than Named Above:
Number of Pages:
intact
INSURANCE
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Albert Melendez, Christina Rogers, Erik Johanson, Jennifer Anaya, Joaquin Perez, Martha Ban -eras, Melissa
Lopez, each individually it there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all
bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall
exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in
pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.
This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE
COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seat of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
sea] thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
he as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-fn Fact for purposes onll' of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this first day of January, 2023.
INS`
-Qea GpRPORglF�n%
SEAL m=
r 1986 0By
STATE OF MINNESOTA =?a tiFw P+Ab
— kz
HENNEPIN COUNTY ` �e
Sarah A. Kolar, Vice President and General Counsel
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to
me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me
duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seat of said Compauy and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
�°""�� ALISON MAN RAD
NOTARY PUBLIC • M
My Commission
January 31,
Notary Public
1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 24th day of dune 2024
Qc' CpPPORgTE,9Z�°;
=� SEAL m
1986 0
This Power of Attorney expires "'1, 4, roP� a :'
January 31, 2025 °.��d iN�'
Kara L.B. Barrow, Secretary
Please direct bond verifications to suretyLa inuctinsurance.cum