HomeMy WebLinkAboutA9468 - TOLL WEST COAST LLC + BOND DOCRECORDING REQUESTED BY:
CITY OF PALM SPRINGS
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AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
2024-0050270
02/23/2024 12:42 PM Fee: $ 0.00
Page 1 of 22
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
1111 PDRA, i ( I 11111
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
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Toll West Coast, LLC, a Delaware Limited Liability
Company
and
The City of Palm Springs, California
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THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
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TABLE OF CONTENTS
Construction Obligations......................................................................................1
1.1 Works. oiImprovement ...............................................................................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
Timefor 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
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVJSION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this ) W day of Deoembcr , 2023, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and Toll West Coast, LLC
a Delaware Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 37706 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: An easement for public utility and sanitary purposes,
together with the right of ingress and egress for service and emergency vehicles and
personnel, over lots "A" through "C" inclusive and; An easement for public purposes
shown as 10' PUE, for public utility and sanitary purposes along and adjacent to lots "A"
through "C" inclusive.
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
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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 $ 1,400,000.00.
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.
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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
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.
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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.
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
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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
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
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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,
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 (Le., 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.
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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
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
$1,400,000.00 equal to 1.00% 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 $700,000.00 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 $210,000.00 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. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(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
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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.
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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
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;
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(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
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
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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.
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
11
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.
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
cam rE,: � _
..� �..�:�� 1��9 ���,.:_..e.v.T
By
Brenda Pree, City Clerk
City of Palm Springs
APPROVED AS TO FORM:
Jeff Ballinger, City Attorney
City of Palm Springs
SUBDIVIDER:
CITY OF PALM SPRINGS,
Teresa Gallavan, Interim City Manager
City of Palm Springs
Toll West Coast, LLC, a Delaware Limited Liability Company
Check one: _Individual _Partnership _Corporation"_Company
'Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By:
Signature (notarized)
PW A KR\st0(';A8Q c�M�4r✓��
Name:,�i�s��nPD�G�
Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
By
BrendkVree, City Clerk
City of Palm Springs 441,
CITY OF PALM SPRINGS,
Scott C. Stiles, City Manager
City of Palm Springs
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL
Jeff 1391ingef,ity orney Agy6!9
City of Palm Springs
SUBDIVIDER:
Toll West Coast, LLC, a Delaware Limited Liability Company
Check one: _Individual _Partnership _Corporation*_Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
A
Signature (notarized)
Name:
Title:
Signature (notarized)
Name:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
Mailing Address:
U
(fax)
14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 Los Angeles )
On
November 10, 2023
Date
before me, Susan Flores, Notary Public
Here Insert Name and Title of the Officer
personally appeared Kristopher Campbell
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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.
-----------------
SUSAN FLOAES WITNESS my hand and official seal.
Notary Public - California
Orange County >
Commission M 2395615 Signature
My Comm rxrire< Mar 5 2026� Signature'of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Nance:
Corporate Officer — Title(s):
Partner — ❑ Limited CJ General
Individual ❑ Attorney in Fact
Trustee ❑ Guardian or Conservator
Other.
Signer Is Representing:
Number of Pages:
Signer's Name:
i . Corporate Officer — Title(s):
❑ Partner — "I Limited I J General
0 Individual I Attorney in Fact
❑ Trustee I Guardian or Conservator
fl Other -
Signer Is Representing:
%t'4FY'fge.C�:USG'�4'�i-`�C.Y%4'cC1.%(.`5:4v%Lf%(9c6rG":(X.G4.C'p�4<3.<%(.e%(.�.�c[.Z.C'v.R.'C%G<R�%(7�%(%%4r�GC4'C'4"LCxZ'4�4�•L`L'4CG't:t.c(.r%C'RF
02016 National Notary Association • wwwMationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item ft5907
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 Orange
On November 13, 2023 before me, Heidi L. Ferguson, Notary Public
nsert name and title of the officer)
personally appeared Seth Ring
who proved to me on the basis of satisfactory evidence to be the personk<whose name(fsj"is/arm
subscribed to the within instrument and acknowledged to me that he/shefihey executed the same in
his/ha#tHeir authorized capacity(ies) and that by his/he4tlaeir signature(a)-on the instrument the
person(ajbr the entity upon behalf of which the persons 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 my hand and official seal.
_A •v °'%`. HEI01 L. FERGUSON
a o COMM.,2314023
N F • p NOTARYPUBLIC-CALIFORNIA �)
A. ORu+OB COUATV
~�^ My Ccea. EXP. Dp
(Seal)
EXHIBIT "A"
TRACT MAP 37706 LEGAL DESCRIPTION
Tract Map No. 37706, as recorded in Map Book�{4', Pages I through 3 inclusive, records
of Riverside County, California.
16
1
0N011*.0 i1:3Y
TENTATIVE TRACT MAP 37706 CONDITIONS OF APPROVAL
17
4.
SUBDIVISION IMPROVEMENT AGREEMENT
SURVEY MONUMENTS BOND
KNOW ALL PERSONS BY THESE PRESENTS
BOND NO: 30199597
THAT WHEREAS, the City of Palm Springs, California ("City") and Toll West Coast LLC
a Delaware 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 the setting of survey monumentation as shown in Parcel/Tract Map No.37706,
which is not to be completed prior to the recording of the final map or parcel map;
WHEREAS, the survey monumentation to be performed by Principal is more particularly
set forth in that certain Subdivision Improvement Agreement dated
2023, ("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 to insure the setting of the monuments as required therein and payment to the
Engineer or Surveyor who sets such monuments thereunder.
NOW, THEREFORE, Principal and Western Surety Company ("Surety"), a
corporation organized and existing under the laws of the State of South Dakota
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 TWELVE THOUSAND DOLLARS ($12,000.00), said sum
being not less than one hundred percent (100%) of the total cost of the setting of monuments as
set forth in the Improvement Agreement and payment due to the Engineer or Surveyor for setting
such monuments, 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 for the setting of survey monumentation 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 ail 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 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 20 TH day of
SEPTEMBER , 2023. T 11 W LLC
(Corporate Seal)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
o s o
C/
Principal
ByZ4,60- '.f�lyeAe4
Title
Western Sul
Surety
By
Attorney -in -Fact James L. Hahn
Attorney -in -Fact
The rate of premium on this bond is $5.00 per thousand. The total amount of premium
charges is $100.00
(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) Western Surety Company
100 Matsonford Road, Radnor, PA 19087
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
Chelsa O'Sullivan- C N A Surety
1455 Franzee Road, Suite 300
San Diego, CA 92108
(Telephone number of Surety 619-682-3515
and Agent or Representative for
service of process in California)
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 CALIFORNIA
COUNTY OF
On 20_, before me, , Notary Public, personally
appeared , 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.
Signature of Notary Public
WITNESS my hand and official seal.
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) Tige or
❑ Partner(s) 0 Limited
n 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\32051186.1
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 PENNSYLVANIA
COUNTY OF CHESTER
On September 20 20 23 , before me, Arlene Ostroff Notary Public, personally
appeared James L. Hahn 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/sheAhey 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.
7ARLENE
of Penns;Mnla - Notary SealOSTROFF, Nutary Public
is 3 4to
sionNumber1124021
WITNESS my hand nd official seal.
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
Attomey-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Western Surety Company
T+Be or TVne of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of
Attorney to local representatives of the bonding company must also be attached.
55575.00001132051186.1
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block, James L Hahn, Kelly G Hennessy,
Individually
of Berwyn, PA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of die By -Law printed on die reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 15th day of July, 2022.
`�yJREi c, WESTERN SURETY COMPANY
a .VG �f'i•
11—
iz9
aul T. Bruflat, Vice President
State of South Dakota 1
ss
Jj
County ofMinnehaha
On this l5th day of July, 2022, before me personally came Paul T. Bruflat. to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is die Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal ofsaid corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires
M. BENTM" Pus
"
March 2, 2026 r SOYTH °ANOfA u� `
M. Bent, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that [lie Power of Attorney hereinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof l have hereunto subscribed my name
and affixed die seal of the said corporation this 20th day of September, 2023.
„suarry+„ WESTERN SURETY COMPANY
` n
`'ems NYDP.✓F` (D .
L. Nelson, Assistant Secretary
Form F4280.7-2012 ,
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
N° 3472
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
MZM� Mt. xdwcel
AMENDED
Certificate of Authority
Tuts Is TO CEtt =, That, pursuant to the Insurance Code of the State of California,
WESTERN SURETY COMPANY
Of SIOUX FALLS, SOUTH DAKOTA ,organized under the
lams of SOUTH DAKOTA , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate, the following classes of insurance.
SURETY and LIABILITY
as such classes are now or may hereafter be defined in the Insurance Laws of the State at California.
Tuts CER-nFic&7x is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made tinder authority of the laws of the State of California as long as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
Iu Wrrtuss WiiameoF, effective as of the—_2-IST -day
of- MARCH , I9.75_, I have hereunto set
my hand and caused my official seal to be affixed this_21ST—
day of_ MARCH 19 75
Fee WESLEY J. KINDER
I.. Commb .
Rec. No.
�
Filed By
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code
promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701
and will be gmmtds for revolting this Certificate of Authority pursuant to the covenants made in the application
therefor and the conditions contained herein.
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 Orange
On September 26, 2023 before me,
Heidi L. Ferguson, Notary Public
(insert name and title of the officer)
personally appeared nnsLUPneT k_dnlPueu ------------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person(a)'whose nam( fW is/af -
subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in
his/herftheir authorized capacity(ies), and that by his/her/their signaturekeron the instrument the
personks); or the entity upon behalf of which the person(<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 my hand and official seal.
w" HEIDI L. FERGUSON
J' a COMM.92314023
N F t NOTARY PUBLIC-CALIFORNIA _N
/\ ORRRCE Couutt
Mr Comm. EXP. DEC. 20, 2023'
(Seal)
BOND NO: 30199598
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
Toll West Coast LLC a Delaware 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. 37706, 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 Western Surety 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 Two Hundred and Ten Thousand dollars ($210,000.00),
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
R
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 SEPTEMBER 20 12023.
SUBDIVIDER:
Toll West Coast LLC a Delaware Limited Liability Company
Check one: _Individual _Partnership _Corporation* X Company
*Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
Toll West Coast LLC
By.
ature (notarized)
Name:'earjr'�,o�i1f��
Toll WulCpast LLC
By:
Signature (notarized)
Title;(8 T�j le: i ✓i t.-.` P/yF r
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
SURETY
Western Surety Company
By: By:
(Surety Name)
Attomey-in-Fact
James L. Hahn
(All Signatures Shall Be Notarized)
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)
(Telephone Number of Principal)
Western Surety Company
100 Matsonford Road, Radnor, PA 19087
Chelsea O'Sullivan - C N A Surety
1455 Franzee Road, Suite 300
San Diego, CA 92108
619-682-3515
Toll West Coast LLC
1140 Virginia Drive
Fort Washington, PA 19034
215-938-8167
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
On 20_, before me, , Notary Public, personally
appeared , 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/heNtheir 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.
Signature of Notary Public
WITNESS my hand and official seal.
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
i itle(s) Title or Type of Docun
❑ Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney -In -Fact
❑ Trustee(s)
D GuardianlConservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s) Or Enlity(ies)
NOTE: This acknowledgment is to be completed for Principal.
55575.00001 M051186.1
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 PENNSYLVANIA
COUNTY OF CHESTER
On September 20 20 23 , before me, Arlene Ostroff Notary Public, personally
appeared James L. Hahn
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/herftheir 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 my ha and official seal.
Primy IcS~I
2o2a
Calpnls,bn Number 1724021
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
7 Individual
:] Corporate Officer
jj Partner(s) Limited
General
Attomey-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Western Surety Company
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of
Attorney to local representatives of the bonding company must also be attached.
55575.00001 \32051156.1
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of Smith Dakota, and that it does by virtue of the signature and seal herein affixed hereby make;
constitute and appoint
Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block, James L Hahn, Kelly G Hennessy,
Individually
of Berwyn, PA, its true and lawful Atiomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 15th day of July, 2022.
WESTERN SURETY COMPANY
? \ px
CA
440 l�,li� j//f
APaul T. BruFlat, Vice President
State of South Dakota County of I
Minnehaha
ss
On this 15th day of July, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal ofsaid corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires M. BENT
sui Saran aueuc sur :
March 2, 2026 Nauru Gunuc
•,,,,,,,,,,,,,,"„",,,s M. Bent, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this 20th day of September, 2023.
s°""•'"' WESTERN SURETY COMPANY
„?4 PON Poa
VI
o%.sow CA
L. Nelson, Assistant Secretary
Form 1`428027-2012
Go to www.cnasuretv:com'> Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers ofAttorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
N° 3472 /
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
Tins IS TO CEsaa+r, That, pursuant to the Insurance Code of the State of California,
WESTERN SURETY COMPANY
of SIOUX FALLS, SOUTH DAKOTA , organized under the
laws of SOUTH DAKOTA , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate, the follotoing classes of insurance:
SURETY and LIABILITY
as such classes are now or may hereafter be defined in the Insurance laws of the State of California.
Tins CERmFtcnTE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as long as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
Ix WrrNrss WfI mmir, effective as of the__2M .day
of MARQH 1915—, I have hereunto set
my hand and caused my official seal to be aBixed this_21 ST—
day of__ MARCH 1975
Fee WESLEY J. KINDER
Laurance commb,fo,wr
Rec. No.
Filed ByDvputv
NOTICE:
Qualifimtion with the Secretary of State must be accomplished as required by the California Corporations Code
promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701
and will he grounds for revoldng this Certificate of Authority punuent to the covemuts made in the application
therefor and the conditions contained hereln.
Fan.....
......... ,.,, .m o,,, o...
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 Orange
On September 26, 2023
before me, Heidi L. Ferguson, Notary Public
(insert name and title of the officer)
personally appeared Kristopher Campbell
who proved to me on the basis of satisfactory evidence to be the perso*) whose name*) is/are
subscribed to the within instrument and acknowledged to me that he/skeAh y executed the same in
his/herfiheir authorized capacity(Io4 and that by his/hefAheir signaturekeon the instrument the
person�s , or the entity upon behalf of which the persort(&)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 my hand and official seal.
aµww HEIDI L. FE MUSON
aJ COMA.# 2314023
NOTARY POBLICdALIFOFNIA
OAAAGE CCUN7Y
(Seal) i MY Comm. EXP. OEo.10. w
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 Orange
On September 26, 2023
before me,
Heidi L. Ferguson, Notary Public
(insert name and title of the officer)
personally appeared Brad Hare ------------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person] ay whose name* is/ace
subscribed to the within instrument and acknowledged to me that he/may executed the same in
his/hoc/their authorized capacity(ies), and that by his/heotkReir signature(ej on the instrument the
person, , or the entity upon behalf of which the persort(sj-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 my hand and official seal.
HEIDI L. FERGUSON
s' COMM.# 2314023 'n
Np NOTARY PUBLIC -CALIFORNIA N
OAANOE COUNn
(Seal) M, 6IY COUO. EXP. DEC. 20, 2V
SUBDIVISION IMPROVEMENT AGREEMENT
PERFORMANCE BOND BOND NO: 30199596
KNOW ALL PERSONS BY THESE PRESENTS
THAT WHEREAS, the City of Palm Springs, California ("City") and Toll West Coast LLC
a Delaware 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 Parcel/Tract Map No. 37706 ('Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly
set forth in that certain Subdivision Improvement Agreement dated
2023, ('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 Western Surety Company ("Surety"), a
corporation organized and existing under the laws of the State of South Dakota
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 MILLION FOUR HUNDRED THOUSAND DOLLARS
($1,400,000.00), 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 20 TH day of
SEPTEMBER 2023. Toll West LLC
(Corporate Seal)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
The rate of premium on this bond is $5.00
charges is $ 7000.00
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
ir
rincipal
By/,/zs g"G
Title4/6(,gt PSl�'E,�>/d`�iit"J Dfl/ll�/%
Western
Title Attorney -in -Fact
per thousand. The total amount of premium
(Name and Address of Surety) Western Surety Company
100 Matsonford Road, Radnor, PA 19087
(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)
55575.00001 32051186.1
Chealsa O'Sullivan - C N A Surety
1455 Franzee Road, Suite 300
an Diego,
619-682-3515
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 CALIFORNIA
COUNTY OF
On , 20_, before me, , Notary Public, personally
appeared 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.
Signature of Notary Public
WITNESS my hand and official seal.
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
n General
Attorney -In -Fact
D Trustee(s)
7 Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
NOTE: This acknowledgment is to be completed for Principal.
55575.00001 U205118 G.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 PENNSYLVANIA
COUNTY OF CHESTER
On September 20 2023 , before me, Arlene Ostroff Notary Public, personally
appeared James L. Hahn , 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 my hand�nd official seal.
Commonwealth of Pennsylvania -Notary Seel
ARLENE OSTROFF, Notary Public
Chester County
My commission Expires December3, 2024
sig(lahres Okiarib&L 4021
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
Partner(s) -I Limited
❑ General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entiiy(ies)
Western Surety Company
Title or
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of
Attorney to local representatives of the bonding company must also be attached.
55575,0000 10205 1186 1
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block, James L Hahn, Kelly G Hennessy,
Individually'
of Berwyn, PA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adapted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 15th day of July, 2022.
rep RET I WESTERN SURETY COMPANY
N OpP0# <'.
' t tom=
4�J' SE/�
w.r;Paul T. Bruflay Vice President
State of South. Dakota
County oj I
ss
On this 15th day of July, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly swam, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
�..................
My commission expires .......M. BENT
MSOM PUBLIC sU� ` I�
March 2 2026 soma oaxmn
M. Bent, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that die Power of Attorney hereinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this 20th day of September, 2023.
-,yvs„uETy�" WESTERN SURETY COMPANY
'tifOQ`P
_ x
- ssiOr,�Op1 G4P
L. Nelson, Assistant Secretary
Form F4280-7-2012
Go to www.cnasurety.c6rn > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
N° 3�
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
Tits IS m CEnam, That, pursuant to the Insurance Code of the State of California,
WESTERN SURETY COMPANY
Of SIOUX FALLS, SOUTH DAKOTA , organized
laws of SOUTH DAKOTA , subject to its Articles of Incorp,
other fundamental organizational documents, Is hereby authorized to transact within
subject to all provisions of this Certificate, the following classes of insurance:
SURETY and LIABILITY
72
the
State,
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
Tits CERTIFIGITE is expressly conditioned upon the holder hereof note and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made tender authority of the laws of the State of California as long as such laces or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
IN Wrtxtess WttmEoa, effective as of the—._21ST_ _-.-day
of MARCH , I915_, I have herl unto set
my hand and caused my official seal to be affixed this i IST—
day of MARCH Ig 75
Fee
Bee. No.
Filed
UrA
WESLEY J.I KINDER
zruu acommWf
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code
promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701
and will be grounds for revolting this Certificate of Authority purnant to the covenants made in the application
therefor and the conditions contained herein.
F.......3
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 Orange
On September 26, 2023
before me, Heidi L. Ferguson, Notary Pu
(insert name and title of the
personally appeared N1 iswPi iei eau iPuen--------------------------------------- i--------
who proved to me on the basis of satisfactory evidence to be the person(.&Mhose' name(eyis/a;a
subscribed to the within instrument and acknowledged to me that he/s4efthey executed the same in
his/haNtheir authorized capacity0es), and that by his/heNtheirsignature(Won the instrument the
personf.�, or the entity upon behalf of which the person(* 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 my hand and official seal.
(Seal)
L.
SUBDIVISION IMPROVEMENT AGREEMENT I
BOND NO: 30199596
PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL PERSONS BY THESE PRESENTS:
I
THAT WHEREAS, the City of Palm Springs, California ("City") and Toll West Coast LLC
a Delaware Limited Liability Company ("Principal"), have executed an agreement for work
consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, i 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 Parcel/Tract Map No. 37706 ("Public Improvements"); I
WHEREAS, the Public Improvements to be performed by Principal are m Ire particularly
set forth in that certain Subdivision Improvement Agreement dated
2023, ("Improvement Agreement");
I
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
California Civil Code.
!
NOW, THEREFORE, Principal and Western Surety Company ("Surety"), a
corporation organized and existing under the laws of the State of South Dakota
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
SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00), 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 furnished 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 faxed 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. I
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, et 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 20 TH day of
SEPTEMBER 2023.
(Corporate Seal)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
Toll Wes oas UC
Princiip_a
By_,4 s,k,�✓rO' Z
We ern mpany
Sure
By
Attorney -in -Fact James L. Hahn
I,,,_ Attorney -in -Fact
The rate of premium on this bond is NSA per thousand. The total amount of premium
charges is $ Included in Performance Bona
(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)
(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)
55575.0000113205118& 1
Western Surety Company
Chelsa O'Sullivan - C N A Surety
1455 Franzee Road, Suite 300
San Diego, CA 92108
619-682-3515
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
On
20_, before me,
appeared , who proved to me on the
Public, personally
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 ithat 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
I certify under PENALTY OF PERJURY under the laws of the State of California that the
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying of
and could prevent fraudulent removal and reattachment of this form to another docun
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACH
❑ Individual
❑ Corporate Officer
❑ Partner(s) ❑ Limited
❑ General Number of
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Doa
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than
NOTE: This acknowledgment is to be completed for Principal.
55575.00001\32051186.1
paragraph
document
DOCUMENT
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 PENNSYLVANIA
COUNTY OF CHESTER
On September 20 2023 , before me, Arlene Ostroff , Notary Public, personally
appeared James L. Hahn 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.
Cwv mweaiNofpennsyWanla-NO"Seal WITNESS my hand an official seal.
ARLENE OSTROFF. Notary Public
Chester
0ounlY 3,2024
My Oonunission Ezpiiilrea t
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 or Type of Document
Partner(s) = Limited
General Num
Attomey-In-Fact
Trustee(s)
Guardian/Conservator Date
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Western Surety Company
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of
Attorney to local representatives of the bonding company must also be attached.
55575.00001 \3205118G.1
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation. is a duly
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature a
constitute and appoint
Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block, James L Hahn,
Individually
of Berwyn, PA, its (me and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
and existing corporation
ein affixed hereby make,
G Hennessy,
for and on its behalf bonds,
and all the acts of said
This Power of Attorney is made and executed pursuant to and by authority of the By-Lmv printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 15th day of July, 2022.
�+"S�PET}y, WESTERN SURET
`woQ�PP01? Oa`
40 09I
State of South Dakota 1
County of Minnehaha
3 ss
On this 15th day of July, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY de;
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal;
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,
the act and deed of said corporation.
My commission expires S""""""""""""t
M. BENT
� uormn vuaue��
SEKL SOUm OPKOTA SFJI
March 2, 2026
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney herein
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have
and affixed the seal of the said corporation this 20th day of September, 2023.
,hP q\�az
WESTERN SURET
OP
Ailte
`•�`SEAfp,
�N OPY.�1.t
'/y
y 24
COMPANY
T. Bruflat, Vice President
did depose and say: that he
:ribed in and which executed
hat it was so affixed pursuant
nd acknowledges same to be
set forth is still in force,
no subscribed my name
COMPANY
Nelson, Assistant Secretary
Fomi F4280-7-2012
Go to www.cnasurdtv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly
of the Company.
by the shareholders
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation Ishall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President; or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile. i
N4
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
Tins Is TO CERTIFY, That, pursuant to the Insurance Code of the State of California,
WESTERN SURETY COMPANY
3472
Of SIOUX FALLS, SOUTH DAKOTA , organized i
laws of SOUTH DAKOTA , subject to its Articles of Incorpt
other fundamental organizational documents, is hereby authorized to transact within tl
subject to all provisions of this Certificate, the following classes of insurance:
SURETY and LIABILITY
the
zii
State,
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
Tins CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made tinder authority of the laws of the State of California as long as such laws or require I nts are
in effect and applicable, and as such laws and requirements now are, or may hereafter bel changed
or amended.
IN WrrNEss WHomor, effective as of the-2IST I _day
of MARCH , I975—, I have h I unto set
my hand and caused my official seal to be of fixed i
day of_ MARCH 1975
Fee WESLEY JI KINDER
Iswrm.ra Co.ud ao r
Rec. No.
�� --�
Filed By /JCL
NOTICE:
Qualifimtion with the Secretary of State must be accomplished w required by the California Corporations Code
promptly after issuance of this Certi6mte of Authority. Failure to do so will be a violation of Ism. Code Sea 701
and will he grounds for revoidng this Certificate of Authority pursuant to the covenants made in the inpplication
therefor and the conditions contained herein.
r0.4 c..]
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 Orange
On September 26, 2023 before me, Heidi L. Ferguson, Notary Public
(insert name and title of the officer)
personally appeared Kristopher Campbell ------------------------------------ - --------
who proved to me on the basis of satisfactory evidence to be the person,s�hoseiname(e)'is/ara
subscribed to the within instrument and acknowledged to me that he/sbedhey executed the same in
his/hedihair authorized capacity(ies)-and that by his/heBitijeir signature(e)-on the instrument the
person, wr or the entity upon behalf of which the person(<acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California t i at the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
NOARYFUBIIC•CFIIFORNIP
Comy
(Seal) � COtiuExp. Dec. 20, 2040
,'"