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12/20/2000 - STAFF REPORTS (13)
DATE: December 20, 2000 TO: City Council FROM: City Engineer STREET IMPROVEMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS RECOMMENDATION: That the City Council approve the attached resolution approving a Street Improvement Agreement (Agreement), inclusive of Instruments of Credit (IOC) for Faithful Performance and Labor and Material, by and between the City of Palm Springs (City) and the Agua Caliente Band of Cahuilla Indians (Developer) for street improvements to be constructed as relates to the project known as The Tahquitz Canyon Visitors Center (E-2454) situated north of the west end of Mesquite Avenue. SUMMARY: The City issued conditions of approval for the Tahquitz Canyon Visitors Center which included widening Mesquite Avenue West to allow for the expected buses and vehicles that will access the Center. In order to accomplish the widening, the Developer had to acquire property and then dedicate it to the City. Herman Ahlers, the party from which the Band acquired the property has required an agreement and security for the improvements as a condition to his selling the property. BACKGROUND: The street improvement agreement was requested by Herman A. Ahlers who is selling the Band a 30 foot strip of land to be dedicated to the City of Palm Springs for the south half of the public right-of-way for Mesquite Avenue along his property (APN 513-300-026). The Band has acquired the 30 foot wide strip of land and has dedicated it to the City (Ref. File R-00-028). The Band is constructing street improvements within the right-of-way and the City is being requested to enter into the Agreement with associated security per above request by Mr. Ahlers. The approval of the Street Improvement Agreement and associated security will satisfy the requirements of sale and purchase of the property and provide the City with security for the street improvements. The City Clerk is requested to record the Agreement. DAVID J. BARAKIAN City Engineer a City Manager Attachments: 1. Street Improvement Agreement and Instruments of Credit 2. Resolution �yA Street Improvement Agreement DOC a 2001-020544 01/18/2001 08:00R Fee:NC Page 1 of 18 Recorded in Official Records County of Riverside k�E:'u`4D�1v7`u i' Gary L. Orso Assessor. County Clerk & Recorder r9"�Y J 111��1���111111111�����11 'd 6-C.P,�iJ GId ek O�'FJOC M S U PAGE SIZE OA POOR NOCOR SNIP MISS d / 1I= I A R L COPY LONG REFUND NCHG EXAM / I STREET IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGSMSF and AGUA CALIENTE BAND OF CAHUILLA INDIANS �,.�biJ02 Street Improvement Agreement TABLE OF CONTENTS 1 . Construction Obligations................................................................ 1 1 .1 Street Improvement Obligations......................................... 1 1 .2 Other Obligations Referenced in Conditions of Tentative MapApproval....................................................................... 1 1 .3 Intent of Plans...................................................................... 2 1 .4 Performance of Work........................................................... 2 1 .5 Changes in the Work........................................................... 2 1 .6 Defective Work.................................................................... 2 1 .7 No Warranty by City............................................................ 3 1 .8 Authority of the City Engineer............................................. 3 1 .9 Documents Available at the Site........................................ 3 1 .10 Inspection............................................................................ 3 1 .11 Compliance with Law.......................................................... 3 1 .12 Suspension of Work........................................................... 4 1 .13 Final Acceptance of Street Improvements......................... 4 2. Time for Performance..................................................................... 4 2.1 Commencement and Completion Dates............................. 4 2.2 Phasing Requirements........................................................ 4 2.3 Force Majeure...................................................................... 5 2.4 Continuous Work................................................................. 5 2.5 Reversion to Acreage.......................................................... 5 2.6 Time of the Essence............................................................ 5 3. Labor........................................................................................... 5 3.1 Labor Standards................................................................... 5 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.............................................. 6 4.3 Subdivider's Liability............................................................ 8 4.4 Letters of Credit................................................................... 8 4.5 Release of Security Instruments......................................... 9 � �1a� e � 2 o�AIIII I 0f Street Improvement Agreement 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.................................................... 9 6. Default......................................................................................... 10 6.1 Remedies Not Exclusive...................................................... 10 6.2 City Right to Perform Work.................................................. 10 6.3 Attorney's Fees and Costs................................................... 10 7. Indemnity................................................................................... 10 8 General Provisions........................................................................... 11 8.1 Successors and Assigns...................................................... 11 8.2 No Third Party Beneficiaries................................................ 11 8.3 Entire Agreement; Waivers and Amendments.................... 11 ii III II ii�iiii II iiiii III III I II III I II II I IIII 01 e0 a�f 1$¢eea Street Improvement Agreement STREET IMPROVEMENT AGREEMENT THIS STREET IMPROVEMENT AGREEMENT (this "Agreement") is entered into this & `day of,6,�", , 2000, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Aqua Caliente Band of Cahuilla Indians ("Developer RECITALS A. Developer is the owner of property identified as E-2454 -The Tahquitz Canyon Visitors Center (APN 513-250-010) in the City of Palm Springs, County of Riverside, State of California. The approval contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Developer has delivered to City and City has approved the street improvement plan which street improvements are required to be ; done in order to accommodate the development of the Property. C. Developer's agreement to install street improvements along the frontage of the Property pursuant to this Agreement are a material consideration to City in permitting construction on the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Street Improvement Plan(s) for the Property and permitting construction on the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein. 1 . Street Improvement Obliqations. 1 .1 Street Improvements. Developer agrees, at its sole cost and expense, to install street improvements along the frontage of the Property in accordance with the "Street Improvement Plan(s)", as the same may be supplemented and revised from time to time as set forth herein (said plans, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Street Improvements is $ 102,086.00. I II II II it III II III II III II II III 0vis0a 0�e�s¢�©R a �a 'Street Improvement Agreement 1 .2 Other Obliqations Referenced in Conditions of Site Approval. In addition to the foregoing, Developer shall satisfy all of the Conditions pertaining to the installation of street improvements along the frontage of the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit "A" hereto. 1 .3 Intent of Plans. The intent of the Plans referenced in Section 1 .1 is to prescribe a complete work of installation of street improvements which Developer 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. Developer 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, Developer 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. Developer 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 Developer or Developer's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1 .4 Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer's obligations under this Agreement. 1 .5 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 Street improvements 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 Developer or Developer'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 Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. 1 .6 Defective Work. Developer shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 2 I 2 I III IIIIIII III IIII II III II III II III III $05 eO218¢e0 ' Street Improvement Agreement 1 .7 No Warranty by City. The Plans for the Street Improvements have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents. 1 .8 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 Developer and Developer's contractor. 1 .9 Documents Available at the Site. Developer 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 .10 Inspection. Developer 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 Developer, or its design engineer, and Developer's contractor(s) regarding the Street Improvements. Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the installation of Street Improvements as performed is 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 Street Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer 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 .1 1 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Developer shall cause the installation of Street Improvements to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1 .12 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of contractor to comply with law pursuant to Section 1 .1 1 . In case of suspension of work for any cause whatever, Developer and its contractor shall be responsible for all materials and shall store them I 3 I II II II I III II II IIII II II III ai2 s01 e200s�0oA s �s Street Improvement Agreement properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1 .13 Final Acceptance of Street Improvements. After Developer's contractor has completed all of the Street Improvements, Developer 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 Street Improvements 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. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with the installation of Street Improvements on or before thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the installation of Street Improvements no later than six (6) months after the Commencement Date. 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 Street Improvements 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 Developer's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Developer acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfies. Prior to issuance of building permits, Developer 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. 2.3 Force Maleure. Notwithstanding the provisions of Section 2.1 , Developer's time for commencement and completion of the Street Improvements shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including N 1 4 IIIIII IIIIIII IIII IIII(IIII IIIII IIIIII III IIIII L� 1 IN IIII 01012001�0$400R Street Improvement Agreement 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 Developer or its Contractor detailing the grounds for Developer'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 the installation of the Street Improvements (or separate portion thereof), Developer 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 Oriqinal Condition. In addition to whatever other rights ! City may have due to Developer's failure to timely perform its obligations hereunder, Developer recognizes that City reserves the right to revert the : Property to original condition subject to the limitations and requirements set forth in California Government Code Sections 66499.1 1-66499.20-3/4. In this regard, Developer agrees that if the Street Improvements 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 original condition, pursuant to Government Code Section 66499.16 Developer hereby consents to reversion and agrees that Street Improvements made by or on behalf of Developer shall not be considered in determining City's authority to revert the Property to original condition. 2.6 Time of the Essence. Time is of the essence of Developer's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Developer shall be responsible for causing all contractors and subcontractors performing any of the Street Improvements 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. Developer agrees that no contractor or subcontractor performing any of the Street Improvements shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 5 11111111111111a /i0e of 1 a©a 8 9 $ ' Street Improvement Agreement 3.3 Licensed Contractors. Developer shall cause all of the Street Improvements to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Developer shall cause every contractor and subcontractor performing any of the Street Improvements to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Developer executes this Agreement, Developer 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 Developer's faithful performance of all of the Street improvements ("Faithful Performance Security Instrument"), in the amount of $102,086.00 or 100% of the estimated construction costs listed in Section 1 .1 . (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and materials Security Instrument") with respect to the Works of Improvement in an amount equal to $51 ,043.00 or 50% of the estimated construction cost referenced in Section 1 .1 . (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 far a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), with the amount of such Security Instrument to be equal to $13,021 .00 or 25% of the estimated construction cost set forth in Section 1 .1 or a suitable amount determined by the City Engineer. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. 6 GO SOA 8 18 Street Improvement Agreement 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a), 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 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 Director of Transportation of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer 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 Developer'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 Developer's completing the Street Improvements, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). 7 II II II I I I II I I 111111111111111111111 I II III I III 01/18,12001 08 00A 0 r 1s Street Improvement Agreement (iii) Each Security Instrument shall provide that changes may be made in the Street Improvements 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 Developer's Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer 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, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the Street improvements required to be done hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1 ) year, unless City agrees to a lesser term in City's sole and 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 Developer. 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. Developer 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 when all of the following have occurred: I I I I I I 8I III IIIIII I IIIII I II IIIII IIIII IIIIII IIIIII III IIIIII III IN ei 20011 2-i aGR a Street Improvement Agreement (i) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Street Improvements have been completed and approved to the satisfaction of the City; 5. Cost of Street Improvements and Provision of Inspection Service. 5.1 Developer Responsible for All Costs of Street Improvements. Developer shall be responsible for payment of all costs incurred for construction and installation of the Street Improvements In the event Developer is entitled to reimbursement from City for any of the Street Improvements, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Developer and City prior to construction of the works. 5.2 Pavment to City for Cost of Related Inspection and Enqineerinq Services. Developer shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Street Improvements. In addition, Developer 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 Developer be entitled to additional inspections or a final inspection and acceptance of any of the Street Improvements until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required ' inspections. 6. Default. 6.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer 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. 6.2 City Riqht to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Developer 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 Developer 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 Developer or any Security Instrument, or both, the full cost and expense thereby incurred by City. 9 lulu ���� ���������Ipl►I ���� 11111111111111111 e1�a�1 a f'13 R Street Improvement Agreement 6.3 Attornev's Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer 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 Developer'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 judgement. 7. Indemnity. Developer 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 Developer's failure to perform the Street Improvements 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 Developer pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 8. General Provisions. 8.1 Successors and Assiqns. This Agreement shall be binding upon all successors and assigns to Developer's right, title, and interest in and to the Property and any portion thereof. . 8.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Developer 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. 8.3 Entire Aqreement; 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. 10 II I I II II III II I I II III 1111111111111 I III 01 18a 200?®0$8SOR 8 'Street Improvement Agreement IN WITNESS WHEREOF, the parties hereto have executed this Street Improvement Agreement as of the date first above written. CITY OF PALM SPRINGS, CALIFORNIA DATED: I ATTEST- CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager APPROVED AS T FORM: City�Q orney CONTRACTOR: (Check One: X individual, partnership corporation) (Notarize Signature) By: Aqua Caliente Band of Cahuilla Indians (Notarize Signature) By: Tom Dal is, Planning Director Print Name and Title "Developer " Mailing Address: Agua Caliente Band of Cahuilla Indians 600 E. Tahquitz Canyon Way Palm Springs, CA 92262 11 IIIII II,11,, II II II I II III III eii00i ao0estOOA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y�e� <,el'crerercl'��crer,�r�,�rcr<cr�rcrcr<crcr�r�r�rcr�r��.c�'.crec�rcrcr<crcc�r�c'�r`er�r�r�r�rtir�r�>. I' I I� State of California I� Coun/ty�of Riverside _ I On before me, Elaine L. Wedekind, Notary Publics J / Date Name and Title of Officer(e g,"Jane Doe,Notary Public') I personally appeared David H. Ready and Patricia A. Sanders I Names)of Signer(s) XX personally known to me OR ❑proved to me on the bacic of caticfactory evidence to be the person(s) whose names)joEare subscribed to the within instrument and acknowledged to me thatibatsh@(they executed the same in j /their authorized capacity(ies),and that byI 2b66mil3(their signatures) on the instrument the person(s), ' or the entity upon behalf of which the person(s) acted, I ELAINE L.WEDEKIND g executed the instrument. Comm #1206984 0 +w p NOTARY PUBLIC-CALIFORNIA� 2 RIVERSIDE COUNTY 0 WITNESS my hand and official seal. ' I I J COr4M.E%P.FEB.3,2003 d !J J I � I<{;� 'Signature of Notary Public � I C<) OPTIONAL TTI Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent h� fraudulent removal and reattachment of this form to another document. Description of Attached Document IN Title or Type of Document: Fn Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) I Signer's Name: Signer's Name: i I I ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): it ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General I ❑ Attorney-in-Fact ❑ Attorney-in-FactI ❑ Trustee 1 ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ;�I ❑ Other: Tap of thumb here [I Other: Top of thumb here II �I Signer Is Representing: Signer Is Representing: r5 _ I� 1995 Nalional Notary Assomalion•8236 Remmet Ave PO Box 7184•Canoga Park,CA 91309-7184 Prod.No 5907 Roamer Call Toll-Free 1-800-876-6827 e 1111 III 111111 II II 9rr �zGa��9�5 I is CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��i.1c(;.uC`,{;'^�C`�Y`�,:C}.�c.,v s.i_,,._.....��c�M,.^C�.C;N`�:r:`.r=..^,^C)FCJ^C✓':^-„^C;^.^�;C:^.:�^:n_ ��_..�;=�:��„�^:��C`.��;C—^_`..��;��] <{ 7 State of C/t �� County of � ;n On ,t�J �t Z Lx�U before me, 1,t44l21 II C r_l�L)j n -4 �5 Date Name and The of Officer(e g,"Jane Doe,Notary Public") �)I personally appeared D015 j Nome(s)of Signers) �j personally known to me-OR-❑proved to roe on the basis of satisfactory evidence to be the person(sj- ] whose name(e) is/ars subscribed to the within instrument and acknowledged to me that he/skle/they executed the 'I same in his/IiWthek authorized capacity(ies,), and that by �) his/hiw�their signaturl on the instrument the personli < or the entity upon behalf of which the person(s} acted, �� - = ;,_ z•,- , ,_r-ti, executed the instrument. NAP,IA C.1v1EDINA Pi I Commission 1161326 WITNESS my hand and official seal. hno'ay Public California > I>> n 1✓/ Riverside County p}1 f sY My Ccrnm E.oires Nov 10,2001 1 / , /1 ii eil �) Signature o1 Notary Public k� OPTIONAL >I I� Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent F> fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: �'(�lytiUiucY�i �/LQQYYLL-3l� Document Date: Number of Pages: �>I JSigner(s) Other Than Named Above: Capacity(ies) Claimed by Signel Cal �jl �11' Signer's Name: Signer's Name: } (q1 Al ❑ Individual ❑ Individuals ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): �I ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee kl ❑ Guardian or Conservator ❑ Guardian or Conservator , 7 ❑ Other; Top of Thumb here ❑ Other; Top of thumb here hl If� k�l I� �I Signer Is Representing: Signer Is Representing: sl c�v^,%<.' (,�=C%=�.-C..✓ ,-C%Gi>'<%C:GV`,_^-(%�%C,�;V✓.`✓7c-C.�-vv_.�.�-g:.�v���:4�: v--C.�--..C.C,,=�i^✓��=C%�.. .. 'v`✓)✓._✓..✓.✓..`r'✓.-�—t"�,.--,�1; ©1995 National Notary Association•8236 Rnmmar Ave PO Rnx 71R4•Cznnue Park CA 91309-71R4 Prod No 5907 ,. Reorder.Call Toll-Free 1-800-876-6827 II II II I III II III III II I III II 01 18 2 02006 OOA s 18 Street Improvement Agreement EXHIBIT "A" CONDITIONS OF SITE APPROVAL APPLICABLE TO PROJECT Based on 8, 000 trips per peak month or 300 trips per day, a 2-lane road is acceptable as long as it isn' t serving other properties . Considering the curves, percent of slope, etc. , it is recommended that the public and private roadways be a minimum of 30 feet wide. i 1 . A minimum of 30 foot wide 3 inch asphalt concrete pavement over 6 inch crushed miscellaneous base with a minimum subgrade of 24 ; inches at 95% relative compaction, OR equal from existing gutter to edge of pavement along the section of Mesquite Avenue West from Belardo Road to the east side of the entrance to the Park View Mobile Home Park. 2 . A minimum of 30 foot wide 3 inch asphalt concrete pavement over 6 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal from edge of proposed pavement to edge of proposed pavement along the ; section of Mesquite Avenue West from the west side of the entrance to the Park View Mobile Home Park to the west side of the proposed driveway to the Visitor Center. ; 3 . Redwood headers along the edge of pavement and compacted native ; soil shoulders with drainage swales are recommended except where AC barrier curb is needed to provide proper drainage within the paved areas. 5. The intersection of the on-site driveway with Mesquite Avenue West should be a T-intersection. The design of the intersection should provide for future access to properties to the west and south and could be modified to split the travel lanes creating a triangular shaped island for signage and landscaping. The curve radii will need to accommodate buses . Private Roadway 6. A minimum of 30 foot wide 3 inch asphalt concrete pavement over 6 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal from proposed edge of pavement to proposed edge of pavement from Mesquite Avenue West to the parking lots . 7 . The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal . The pavement section should be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 12 IIIIII IIIIIII IIII IIIII IIIII IIIIII IIIIII III IIIIII III III 01'8,1 01 98 09A Street Improvement Agreement 8 . The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306. 00 . 9 . Portions of the proposed driveway appear to exceed maximum slopes allowed for emergency vehicles . The Fire Department should be contacted regarding this matter. 10 . An easement for the private roadway should be obtained from affected property owners . GENERAL 14 . Ali existing utilities shall be shown on the grading/street plans . The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Division prior to issuance of the certificate of occupancy. 15 . Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203 . 16. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications . EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT 13 11111111 III 11111111 01�O�I18e 0sWoon a s 8 INSTRUMENT OF CREDIT (Faithful Performance) The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of One Hundred Two Thousand Eighty Six Dollars ($102,086.00 ) and on deposit byThe AJVd CallenAe Boma o� Ce1L illa T„Atan,$ , hereinafter referred to as Improver, for the purpose of securing Improver's performance of all the terms and conditions of that certain Agreement for Completion of Improvement Work dated , by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for the completion of the improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's performance of the tetras and conditions of said Agreement, signed by the Director of Public Works of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Public Works of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This instrument of Credit is executed and delivered in addition to the Instrument of Credit bearing the same date guaranteeing payment of labor and materials under said Improvement Agreement by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Date at Palm SPcon3S , California, this a day of AuyS� --=-2poo con on KJ&I-Wna1 VbBnK Cy r Page 1 of 2 Instrument of Credit (Faithful Performance) The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Dated at Paltx�nv\ff' California, this 1 d of` AL�osv to--?000, Approved: City Engineer City of Palm Springs Approved as to form: City Attorney City of Palm Springs Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of d Io ss I JJII ,,/ On �'JI1Il1`},n�{ ��d, before me, �hlCt IVa do (` V Dale of�rtn;,,r4&nceae,Notary Public") personally appeared L00i tk Q Cli O'QYA X xY �� Name(s)of Signers) 'N ❑ personally known to meI ❑ proved to me on the basis of satisfactory � I. evidence )I� to be the personp whose name(s) is/aFe subscribed to the within instrument and Facknowledged to me that WP/she/th�Mj executed (• the same in AWher/ttaoir authorized „ ,,,,rr,,MARI . r,,,r, E MARIALALVARADO ca acit laq), and that b �i0s/her/ter `. .. Comm.1260662 `li p y( y NotaNPublic-Canty lo',D signature(tp) On the instrument the personO, or r Riversidemis county x o My coml14,2nsxplr9e� the entity upon behalf of which the arson ,,.o� April 14,200A H y p p (� ] I eunuuuuu,utrrr+res�tuuuwunni acted, executed the instrument. > I I� WIT my hand and official seal. I� Place Notary Seal Above SIgna re of Not 4yb Ile 1 OPTIONAL r �) Though the information below is not required by law, it may prove valuable to persons relying on the document > I. and could prevent fraudulent removal and reattachment of this form to another document. �I I; Description of Attached Document, -���JJ rn- ,,� J�. ,�. Title or Type of Document: _nSWawid l/W-IJVL.f -TUA10 J ti Document Date:_ Number of Pa g s: 3 'fi 3 Signer(s) Other Than Named Above: 31 �I Capacity(ies) Claimed by Signer � Signer's Name: _ r ❑ Individual Top of thumb here �) ❑ Corporate Officer—Title(s): _ 91 ❑ Partner—❑ Limited ❑ General l I1 ❑ Attorney in Fact fi� ❑ Trustee $I ❑ Guardian or Conservator ❑ Other: Ipj 1 4 Signer Is Representing: _ I ©1997 National Notary Association•9350 Be Soto Ave.,P.0 Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I r3� State of OAU VVTU(1 Y4 C`> County of t(]GIW ide j On (Iil.45u5 � l) 2,Mt) before me, `�h�RA II �I h� 31 Dale 1 Name and True of once,tog,"Jane Doe,Notary Pullst") >> `I personally appeared Names)of Signer(a) ' Xpersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(is I whose name(e) is/ara subscribed to the within instrument , rl and acknowledged to me that he/s#+e/tk;ey executed thegiI same in his/hw/tI;*ir authorized capacitykk"), and that by `)J 4 his/her/thair signature(@)on the instrument the person(II > or the entity upon behalf of which the person(e) acted, �I , *+ � 'n executed the instrument. NwelAc� �.nrteolNA ?� Commission##1161326 ;ol < :�,- WITNESS my hand and official seal. �, zyC_.r�1;_.�y..-,lo Notary Public-California 7 cQ (J Riverside County �j My Comm.Expires Nov 10,2001 �7 Signature of No ary Public C K71 OPTIONAL - -- R <� Though the information below is not required b law, it may,I g q y y prove valuable to persons relying on the document and could prevent 'ol fraudulent removal and reattachment of this form to another document. ?I f<: Description of Attached Document L �r� r�� �/r L � �" LI �y1 Title or Type of Document: Sf �i Y u Yw�'�T Or` UC�t1 I Crr��7►I LEIuvI/1�G�y� ) III ,�I Document Date: Number of Pages: 11 s <<; Signer(s) Other Than Named Above: �? rl Capacity(ies) Claimed by Signer(s) I If, Signer's Name: Signer's Name: �I I� �❑ Individual ❑ Individual jl ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorr in-Fact f� ❑ Trustee ❑ Trustee31 ❑ Guardian or Conservator r '1 `� ❑ Guardian or Conservator `� I ❑ Other: Tap of thumb here ❑ Other: Top of thumb here I; Signer Is Representing: Signer is Representing: jl > f�( Ir r)n ,QielZ ���7�r�LQ ., ::`11Q c�;�Z;Z.Z,E7— 1995 National Notary Association•8236 Rommet Ave.,P.O Box 7184•Canoga Park,CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 INSTRUMENT OF CREDIT (Labor and Material) The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of Fifty One Thousand Forty Three Dollars ($51.043.00) and on deposit byT11e Aqua Galt9Ae $:J na a Ce�h%j i lla 7nCINa,(Z , hereinafter referred to as Improver, for the purpose of securing payment to the engineer, contractor, his sub-contractors and to persons renting equipment or furnishing labor or materials to them for the improvement provided for that certain Agreement for Completion of Improvement Work dated , by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for payment to the engineer, contractor, his subcontractor and to persons renting equipment or furnishing labor or materials to them in construction of the improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's payment of payment as above set forth, signed by the Director of Public Works, the undersigned shall immediately pay said funds or such amount [hereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Public Works of said City to the effect that all said payments have been made and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument of Credit bearing the same date securing the faithful performance of said Agreement for Completion of Improvement Work by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Date at P$lm S prt� , California, this 1 day of Auysk- ZOoo, J" Caft bonNak WOal tit,K �, �L�:f�.�.��.✓�-�rrt�-c.�e pie,� Page I of 2 Instrument of Credit (Labor and Material) The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Dated at P91.4Pn„ California, this 1$� ay of Av3 zcno Zr �/ Approved: City Engineer City of Palm Springs Approved as to form: City Attorney City of Palm Springs Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CalifornialI County of AVey-st ss. I fi On o I �� 7l�10 60before me, _ rl C) /T! trot ra d l,) I ✓ note Name and Title of Officer //'�+ (e.g.,"Jena Doe,Notary Public") personally appeared n r I f1 e l� Clk ra x�C I(. Name(a)of Sgnar(s) i L`r ❑ personally known to me ❑ proved to me on the basis of satisfactoryI evidence to be the person(s) whose name( is/arm subscribed to the within instrument and acknowledged to me that 4/she/tlaft executed fi the same in M/her/ttyc;ir authorized fi capacity(Ws.), and that by Am/her/*Wr fill '"' ' "' """"""" signature(p) on the instrument the person(O, or ° , " MARIA L.ALVARADO a ' " Crmet. Izeosbz Z the entity upon behalf of which the person( No Publlo-Callfornli y Riverside County acted, executed the instrument. FI B„ My Commisslon Ezlres� I APrll 74,2004I :nrnrmrrr,"nnr,rurrr^rrn nuunu: h fi WIT (my�hand and offi ial Z; Place Notary Seel Above Signa of No ar Ilc �I I( 11 fi OPTIONAL ? I� Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. �I Description of Attached Document /'� // I Title or Type of Document --►1`.S�-rQwk4 (�9(� to bd� a r A4q-kria � ( Document Date: Number of Pages: >; t Signer(s) Other Than Named Above: I III Capacity(ies) Claimed by Signer Signer's Name:- < I I, ❑ Individual Top of thumb here I ❑ Corporate Officer—Tltle(s): �C^ ❑ Partner—❑ Limited ❑ General (>> ❑ Attorney in Fact ❑ Trustee �I ❑ Guardian or Conservator 1 ❑ Other: Signer Is Representing: _ �--c`��=c:�cti��.-Lc-t:�.�—�w:.s�.�^ �=r,�.� 1997 Ntlonal Notary Association•9350 De Solo Ave,PO Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder Call Tall-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <<� State of f-YU �b�Z YLIC� �I 1, LAQ s, do County of 1 On PM SUS+ ��y ZG15Q before me, A4 P I Z-1 l)- l___ P( b/ l7 jq 14 oate —;��, Name and Title of Officer(e g,"Jane Doe,Notary Public") kJl ip personally appeared I r 10VY)XIS lS O) V Name(s)of Signer(s) tyl 7> f:( personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to be the person(sr {' whose name(a'j is/are subscribed to the within instrument and acknowledged to me that he/sire/thl executed the 1 same in his/hew/theFr authorized capacity(ies), and that by I his/her/their signaturi on the instrument the person(e), I or the entity upon behalf of which the person(e} acted, I of MARIA commits c. 41161 executed the instrument. 1'^ P''° '�1 Commission h 116132 IL 6 a <r ^{q tioto y Public-coiiiornia > WITNESS my hand and official seal. Piverstd Gountr ,71 co�J My i r�, ,.p�e�riovio,zoot >— Q1 Signalure of Near Public OPTIONAL �j Though the information below is not required by law, d may prove valuable to persons relying on the document and could prevent >> fraudulent removal and reattachment of this form to another document. '�I r> Description of Attached Document ?; Title or Type of Document: DF`6rzED,r� c,l )i � Document Date: Number of Pages: 1 �C' �1 a 1> Signer(s) Other Than Named Above: �I J Capacity(ies) Claimed by Signer(s) 1 ,( Signer's Name: Signer's Name: �) c 'a kl I% ❑ Individual ❑ Individual ;t ❑ Corporate Officer ❑ Corporate Officer )1 Title(s): Title(s): jl ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee )1 I�. El Guardian or Conservator ` . [I Guardian or Conservator �� j El Other: Top of thumb here El Other: Top of thumb here (� )I j1 Signer Is Representing: Signer Is Representing: < `�� ��c��= :cc:=:;�cwz�,— t;�-c,ww :. G�-L-c.� ���_-c. ;w=�:w•.`,.,�„� `-�� -� L :w a> ©1995 National Notary Association•8236 Remmet Ave.,P.O Box 7184•Canoga Park,CA 91309-7184 Prod No.5907 Reorder.Call Toll-Free 1-800-876-6827 Time Certificate of Deposit Financial Institution: Canyon National Bank,Smoke Tree Branch 1711 E Palm Canyon Drive, Palm Springs,CA 92264 0130000577 Account Name: AGUA CALIENTE BAND OF CAHUILLA INDIANS, PLEDGED TO SSN/TIN: 95-2549724 CITY OF PALM SPRINGS Account Number Issue Date Deposit Amount Term Maturity Date 0130000577 August 1, 2000 $153,129.00 12 Months I August 1, 2001 Rate Information: This account is an Interest bearing account. The interest rate on the account is 6.06% with an annual percentage yield of 6.25%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until August 1,2001. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded daily and will be credited to the account monthly. Interest on your account will be credited by adding the Interest to the principal. Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate to the principal in the account each day. We will use an interest accrual basis of 365 for each day in the year. Limitations: You must deposit$5,000.00 to open this account. You may not make additional deposits Into this account. You may not make withdrawals from your account until the maturity date, Time Account Information: Your account will mature on August 1,2001. If you withdraw any of the principal before the maturity date we will impose a penalty of 90 days' interest. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. This account will automatically renew. You will have 7 days after the maturity date to withdraw funds without penalty. Account Fees: The following fees apply to this account: Special Statement: $3,00 per statement; Research/Account Reconciliation: $25,00 per hour(minimum 1 hour);and Retirement Account Fees: $20.00 Annual Trustee Fee&$10.00 Distribution or Trustee to Trustee Fee. i NON TRANSFERABLE - NON NEGOTIABLE Member I 51-gnatuie end Tllle of Authorized Financial l p1ulion 5lgnpr t TIME CERTIFICATE OF DEPOSIT - 12 Month Certificate of Deposit We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the Deposit Amount�indicat9d,and has agreed to keep the funds on deposit until they Maturity Date. As used in this Agreement,the words"you", "your"or C ours mean the Account Holders , the to "Account" means this Time De oslt A reement Account and the word "Agreement" means this Time ertificate of De osit A reement,and the words"we us"and"our"mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit for norl items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converted to U.S.funds as of the date of deposit and will be reflected as such on our records. INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is based upon the interest accrual basis described above. AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above,the principal amount and all paid earned interest that has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the on inal deposit term. Interest on renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw funds from your Account,you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted,the penalty as specified above will apply. Minimum Required Penalty. If you withdraw money within six (6) days after the date of deposit,the Minimum Required Penalty is seven (7) days'simple interest on the withdrawn funds. If partial early withdrawal(s) are permitted, we are required to impose the Minimum Required Penalty on the amount(s)withdrawn within six (6)days after each partial withdrawal. The early withdrawal penalty may be more than the Minimum Required Penalty. You pay the early withdrawal penalty by forfeiting part of the accrued interest on the Account. If your Account has not earned enough interest,or if the interest has been paid,we take the difference from the principal amount of your Account. Exceptions. We may let you withdraw money from your Account before the Maturity Date without an early withdrawal penalty: (1)when one or more of you dies or is determined le ally incompetent by a court or other administrative body of competentjurisdiction; or(2 when the Account is an Individual Retirement Account(IRA?establised in accordance with 26 USC 408 and the money is paid within seven (7) days after the Account is opened; or f3)when the Account is a Keogh Plan (Keogh)), if you forfeit at least the interest earned on the withdrawn funds; or(4) if the Account is an IRA or a eogh Plan established pursuant to 26 USC 408 or 26 USC 401,when you reach age age 59 1/2 or become disabled; or(5)within an applicable grace period(if any). RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff or security interest against any and all of your Accounts (except IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual,whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, attachments, garnishments, levies, attorneys'fees, or other obligations. If the account is a joint or multiple-party account, each joint or multiple-party account holder authorizes us to exercise our right of setoff against any and all Accounts of each account holder. OTHER ACCOUNT RULES. The following rules also apply to the Account. Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close your Account. If you lose this Agreement,you agree to sign any affidavit of lost instrument,or other Agreement we may require, and agree to hold us harmless from liability, prior to our honoring your withdrawal or request. Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that we may hold the funds in your Account until we have received all required documentation and instructions. Indemnity. If you ask us to follow instructions that we believe might expose us to any claim, liability or damages,we may refuse to follow your instructions or may require a bond or other protection,including your agreement to indemnify us. Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations secured by your Account are satisfied. Page 1 of 2 UEPCSIT PRO,Pay U 5 PC T M OFF.,W r P 04o(A)N CFI P"A"ll Im All alUA,111-1d CAV60 M E M O R A N D U M DATE: February 20, 2001 TO: Planning - Marna FROM: Office of the City Clerk RE: Street Improvement Agreement, Agua Caliente Band of Cahuilla Indians, A4325: Attached please find two copies of the above referenced agreement, regarding the Street Improvements. Please forward one copy to the Agua Caliente Band of Cahuilla Indians and retain one copy for your files. I have forwarded a copy to Finance and retained the necessary copies for our records. Should you have any questions, please let me know. Barb cc: Finance w/agreement File RESOLUTION N0. 19962 , OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A STREET IMPROVEMENT AGREEMENT, INCLUSIVE OF INSTRUMENTS OF CREDIT FOR FAITHFUL PERFORMANCE AND LABOR AND MATERIAL, BY AND BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR STREET IMPROVEMENTS TO BE CONSTRUCTED AS RELATES TO THE PROJECT KNOWN AS THE TAHQUITZ CANYON VISITORS CENTER (E-2454) SITUATE NORTH OF THE WEST END OF MESQUITE AVENUE. R-3, I.L. ZONE, SECTION 22. ------------------- WHEREAS, the street improvement agreement was requested by Herman A. Ahlers who is selling the Agua Caliente Band of Cahuilla Indians a 30 foot strip of land to be dedicated to the City of Palm Springs for the south half of the public right-of-way for Mesquite Avenue along his property (APN 513-300-026); and WHEREAS, the Band has acquired the property and is in the process of dedicating it to the City; and WHEREAS, the approval of the Street Improvement Agreement and associated security will satisfy the requirements of sale and purchase of the property and provide the City with security for the proposed street improvements. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, California, does hereby approve the Street Improvement Agreement and associated security and instructs the City Clerk to record said Agreement. ADOPTED THIS 20th day ofDecember1994. AYES: Members Hodges, Jones, Oden, Reller—Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM: //A