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04607 - CANYON GATE LLC SUBDIVISION IMPROVEMENT BELARDO
DOCUMENT TRACKING Page. Report; coon to Expire Documents Listing_ February i,2006 Condition: Expire Within 90 days,ALL Groups,ALL Services,ALL XREFs Document# Company Group Service Aprvl Date Expire Date Close Date A0417C John Wessman COMMUNITY& In File 04/04/2001 04/01/2006 A0472C Geiger LLC COMMUNITY& In File 03/17/2004 04/17/2006 A3782 Daves Towing Services POLICE DEPARTMENT In File 04/02/1997 04/01/2006 A3783 Mohica Towing Service POLICE DEPARTMENT In File 04/02/1997 04/01/2006 A3865 Building Industry Assoc. PLANNING In File 10/15/1997 03/01/2006 A4366 / CVAG CITY MANAGER In File 10/02/2002 02/01/2006 A4487 / V S A Airports AIRPORT In File 04/2412002 04/23/2006 al A4607 �) 1/,) Q Canyon Gate L L C ENGINEERING In File 12/18/2002 04/21/2006Or�{�h* A4643 vi ° Prudential Overall Supply ENGINEERING In File 02/19/2003 02/01/2006�res4�c3 A4648 Aleshire&Wynder, L L P In File 02/19/2003 02/01/2006 A4663 X C I, Inc. In File 03/05/2003 03/01/2006 A4665 H D R Engineering In File 03/05/2003 0310112006 A4671 California Office Of Traffic Safety POLICE DEPARTMENT In File 02/19/2003 03/31/2006 E:,,�,tC°r.'=a�.'e✓w ; .�rL ���., A4702 Barney Trust COMMUNITY& In File 05/21/2003 05/01/2008 u.v�--S- u Un A4707 California Street Maintenance ENGINEERING In File 05/21/2003 05/01/2006 ; � � A4865 Coachella Valley Taxi Owners AIRPORT In File 04/07/2004 04/06/2006 A4874 LSG Sky Chefs AIRPORT In File 04/21/2004 04/01/2006 A4882 Amado Hermosa LLC In File 05/05/2004 05/01/20DS A4904 JenQuest In File 06/30/2004 02/28/2006 A5036 Principal Decision System Int'I FIRE DEPARTMENT In File 02/04/2005 02/01/2006 A5038 Professional Service Industries Inc C—:NlaI.MEel [N6 In File 02/07/2005 02/01/2006 o.K.+0 CIo5� A5046 John Mishler COMMUNITY& In File 03/02/2005 03/01/2006 U-L' A5048 r�� r`'6 ,--� Doken Engineering ENGINEERING In File 03/04/2005 03/01/2006 C'J�,t�����,p��' A5051 Dateland Construction Inc ENGINEERING In File 03/08/2005 03/01/2006 lJ � A5053 Bond Blacktop Inc ENGINEERING NOC 03/0912005 0310112006 t6,,.J� tZ1lg�OS A5078 Empire Economics Inc ENGINEERING In File 04/18/2005 04/17/2006 �',[pi iq'd C810y1c5' A5084 P S Power Baseball Foundation PARKS&RECREATION In File 04/11/2G05 02/28/2006 A5119 L S A Associates CITY MANAGER In File 06/15/2005 02/28/2006 F PAI.Aq S N City of Palm Springs k i f]eparcmenc of public Works and Engineering 3200 E.T:iligwcz Canyon Way • Palm Springs,California 92262 C'QCI Pr)RNO� Tel: (760) 323-8253 ° ht ! (760) 32.2-8360 • Web• www.ci.palm-springs.ca.us p --i -L l^r J May 10, 2006 — ' Developers Surety and Indemnity Company rn- .ram'^ 3517 Camino Del Rio South, Suite 200 r San Diego, CA 92108 = = Attn: Shelly Bowman Re: Tract Map 30454, "Canyon Gate" Please consider this letter as the City of Palm Springs' notice that the obligations of the subdivision improvement agreement between the City of Palm Springs and Canyon Gate, LLC, related to Tract Map 30454, have been satisfied. The following subdivision security required by the agreement may now be released: • Maintenance &Warranty Bond; Bond No. 827473S; $233,630.70 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely,, CWL t Carol Templeton Engineering Associate cc: Mark Temple, Canyon Gate, LLC, 707 E. Tahquitz Canyon Way, Suite 23, Palm Springs, CA 92262 - via facsimile: (760) 323-4303 James Thompson, City Clerk TM30454 file Post Officc Box 27 0 0 Palm Springs, California 92263-27 l3 n �QALMSA Al A. City of Palm Springs v � m * Office of the City Clerk 3200 E.Tahquirz Canyon Way • Palm Springs, California 92262 Tel: (760)323-8204 • Fax: (760)322-8332 • Web:www.ci.palm-springs.ca.us q��FORN� June 7, 2005 Mr. Mark Temple Canyon Gate LLC 707 E. Tahquitz Canyon Way, Suite 23 Palm Springs, CA 92262 Re: Tract Map 30454 Dear Mr. Temple: The subdivision improvements, as outlined in the Subdivision Improvement Agreement, for the referenced development were accepted by the City of Palm Springs on April 21, 2005; therefore, the three bonds, as listed below, are being returned: 1. Faithful Performance Bond, Bond No. 827473S, in the amount of $1,155,012.78; 2. Labor and Materials Bond, Bond No. 827473S, in the amount of $577,506.39; and 3. Bond for Faithful Performance, Labor, and Materials for Setting of Monuments, Bond No. 827473S, in the amount of$12,000.00. Please feel free to call our office if there are any questions, (760) 323-8204. Sincerely, Thompson j'mes ity Clerk Encl. 1. Faithful Performance Bond 2. Labor and Materials Bond 3. Bond for Faithful Performance c: Carol Templeton, Engineering Associate Post Office Box 2743 • Palm Springs, California 92263-2743 • j 1 1 11 ;� 4 City of Palm Springs Department of Public Worlcs and Engineering 3200 E Tahquitz Canyon Way • Palm Springs,California 92262 �C'i r�iR Tel. (760) 323-8253 • Fax: (760) 322-8360 • Web:www.ci.palm-springs.ca.us u' June 3, 2005 e_ ,, Developers Surety and Indemnity Company 3517 Camino Del Rio South, Suite 200 '= San Diego, CA 92108 Attn: Shelly Bowman � c Re: Tract Map 30454, "Canyon Gate" Please consider this letter as the City of Palm Springs' notice that the obligations of the subdivision improvement agreement between the City of Palm Springs and Canyon Gate, LLC, related to Tract Map 30454, have been satisfied. The following subdivision securities required by the agreement may now be released: • Faithful Performance Bond; Bond No. 827473S; $1,155,012.78 • Labor and Materials Bond; Bond No. 827473S; $ 577,506.39 • Faithful Performance Bond (Monumentation); Bond No. 827473S: $ 12,000.00 The subdivision improvements for this development were accepted by the City on April 21, 2005. Therefore, the bond for maintenance and warranty of improvements (Bond No. 827473S; $233,630.70) shall be held in full force and effect for one year until April 21, 2006, at which time it may be released unless otherwise notified by the City of Palm Springs. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate cc. Mark Temple,Canyon Gate,LLC, 707 E Tahquitz Canyon Way,Suite 23,Palm Springs,CA 92262-via facsimile (760)323-4303 James Thompson, City Clerk TM30454 file Post Office Box 2743 0 Palm Springs, California 92263-2743 Canyon Gate LLC Subdivision Agreement AGREEMENT #4607 R20510, 12-18-02 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and CANYON GATE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY BY PALM SPRINGS CANYON GATE, A CALIFORNIA LIMITED LIABILITY COMPANY TABLE OF CONTENTS 1.Construction Obligations........................................................... 1 1.1 Works of Improvement........................................... 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval......................................... 2 1.3 Intent of Plans........................................................ 2 1.4 Survey Monuments................................................ 2 1.5 Performance of Work.............................................. 3 1.6 Changes in the Work.............................................. 3 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 2. Time for Performance....................................................... 5 2.1 Commencement and Completion Dates................. 5 2.2 Phasing Requirements............................................ 5 2.3 Force Majeure......................................................... 5 2.4 Continuous Work.................................................... 6 2.5 Reversion to Acreage.............................................. 6 2.6 Time of the Essence................................................ 6 3. Labor................................................................................. 6 3.1 Labor Standards...................................................... 6 3.2 Nondiscrimination................................................... 6 3.3 Licensed Contractors.............................................. 7 3.4 Workers' Compensation.......................................... 7 4. Security............................................................................. 7 4.1 Required Security.................................................... 7 4.2 Form of Security Instruments.................................. 8 4.3 Subdivider's Liability................................................ 9 4.4 Letters of Credit....................................................... 9 4.5 Release of Security Instruments.............................. 10 5. Cost of Construction and Provision of Inspection Service............................................................................... 11 i 5.1 Subdivider Responsible for All Related Costs of Construction............................................................ 11 5.2 Payment to City for Cost of Related Inspection and Engineering Services........................................ 11 6. Acceptance of Offers of Dedication................................... 11 7. Warranty of Work.............................................................. 11 8. Default............................................................................... 12 8.1 Remedies Not Exclusive.......................................... 12 8.2 City Right to Perform Work...................................... 12 8.3 Attorney's Fees and Costs....................................... 12 9. Indemnity.......................................................................... 12 10 General Provisions............................................................. 13 10.1 Successors and Assigns......................................... 13 10.2 No Third Party Beneficiaries.................................... 13 10.3 Entire Agreement; Waivers and Amendments....... 13 11. Corporate Authority........................................................... 13 ii SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 41 day of_�ac m e�- 20c12, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Canyon Gate, LLC, a California Limited Liability Company by Palm Springs Canyon Gate, a California Limited Liability Company, as its manager ("Subdivider"). RECITALS A. Subdivider is the ownerof, and has obtained approval of a subdivision map for Tract No. 30454 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to City for street and utility purposes as shown on the Map as Lot "F". City desires to accept the easements shown on the Map as Lots "A", "B", "C", "D", and "E" for public utility purposes including sanitary sewers and emergency use, a strip of land 5 feet in width shown thereon as "5' P.U.E."for public utility purposes, a strip of land 15 feet in width across Lot 16 as shown thereon for sewer purposes, and certain other improvements described in this Agreement. 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 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the"Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $1 155,012.78. 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 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 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). 2 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor,tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the 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 thejob site. City's inspector 3 shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 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. It 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 furtherfield 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 4 ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two (2) years 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 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 satisfies. 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. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions,flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 5 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. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement 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. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit 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 $1,155,012.78 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 6 equal to $577,506.39 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 of the estimated monumentation cost. 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 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 $233,630.70 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 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 7 funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and 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 8 obligations secured by such letter of creditor to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the 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. 9 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s)shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 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 10 right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful 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 11 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. 12 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: �C7 �- ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Patricia A. Sanders, City Clerk yl(c;p),-� David Ready, City M r - �.�re�reerrt-s�erk�f�ei°-$-25;(1ff0 APPROVED AS TO FORM: IiPe,d eiwA-a P4, %prp e-o-ved-IrY \� Procurement & Contracting City Attoh4P4 Initials Date . U` P.O. Number CONTRACTOR: Canyon Gate, LLC, a California Limited Liability Company by Palm Springs Canyon Gate, LLC, a California Limited Liability Company as its Manager (Check One: _individual, _X_partnership corporation)-.-- (Notarize Signature) By: Mark Terxi Manager of Palm Springs Canyon Gate LLC "Subdivider" Mailing Address: 707 East Tahquitz Canyon Way, Suite 23 Palm Springs, CA 92262 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r- .crcrcrc-roccrcrcrcr�r.€rcrtir€r-�r��-�r,Gc�r,�rcr.�=rcrc�cvY�.crcrcrcr.�r.�,�c-mac,-rcroy � State of California SI 1 ss. County of On j� before me, ( our. Name and Tille of Ofllce,to g -, Jane0 Notary Public') v) I�rhy I rJ personally appeared Names)of Blgni h �rsonally known to meI 'Fh+ ❑ proved to me on the basis of satisfactoryI � evidence r{ �j 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 I capacity(ies), and that by his/her/their �I signature(s) on the instrument the person(s), or °I ' OBER ADYER the entity upon behalf of which the person(s) Commission#1363762 acted, executed the instrument. Notary Public-Callromia F Riverside County SS m r d and official se Y Corrfn.Payires Aug 2,2006 Y p..r Signature of NOlery Public OPTIONAL Ifi<, 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. Description of Attached Docume t 21 Title or Type of Document Document Date: z_ Number of Pages: 1 Signer(s)Other Than Named Above: C� I�I Capacity(ies) Claimed by Signer IZ-I Signer's Name: - ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s). ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact II ❑ Trustee �I 1 ❑ Guardian or Conservator ,5 ❑ Other: I Signer Is Representing: ©1999 Not eral Notary Asmclaflon•9350 Be Solo Ave,Per Box 2402•Ohaloworth,GA 91313-2402•www.nallOnalnOlary.Org Prod.No.5907 Reorder.Call Toll-Free 1-800-076-6827 EXHIBIT"A" CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All applicable agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. BELARDO ROAD SOUTH 3. The tentative map shall be revised to show dedication of a total half street right-of-way of 44 feet along the entire frontage of the subject property to accommodate the Heritage Trail bikeway. 4. Construct an 8 inch curb and gutter, 32 feet WEST of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. The developer shall coordinate design of the top of curb profile adjacent to this property with the proposed Belardo Road bridge plans on file with the City of Palm Springs. 5. The developer shall pay $3,750.00 as his proportionate share of 50% of the cost for construction of the Belardo Road bridge, as required by Section 5, subsection 3 of Agreement No. 2435, dated June 25, 1987, on file with the Office of the City Clerk. 6. Construct a minimum 12 foot wide sidewalk, per the Heritage Trail design standards on file in the Engineering Department, behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. Construct a curb ramp meeting current California State Accessibility standards on the NORTHWESTAND SOUTHWEST corners of the intersection of Belardo Road South with Lot "E" per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 8. Construct pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of 14 pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325.The pavement section shall be designed, using"R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PRIVATE STREETS (LOTS A THRU D) 9. Right-of-way width shall be 46 feet to accommodate 5 foot wide sidewalks on both sides of the streets. 10. Construct a 6 inch curb and gutter, 18 feet both sides of centerline along the street frontages, with 25 foot radius curb returns and spandrels at the NORTHEAST AND SOUTHEAST corners of the Lot"B" and Lot"E" intersection per City of Palm Springs Standard Drawing No. 200 and 206. 11. Construct a 6 feet wide cross-gutter with a flow line parallel with and 18 feet east of the centerline of Lot "B" across the intersection with Lot"E" per City of Palm Springs Standard Drawing No. 200 and 206. 12. Construct knuckles, using City of Palm Springs Standard Drawing No. 104 for knuckle curve configurations, at the intersections of Lot"A"with Lots"B" and "D", and Lot "C" with Lots "B" and "D". 13. Construct a minimum 5 foot wide sidewalk behind the curb along both sides of the street frontages in accordance with City of Palm Springs Standard Drawing No. 210. 14. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST AND SOUTHEAST corners of the intersection of Lot "E" and Lot "B" per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 15. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed gutter along the street frontages in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PRIVATE STREET (Lot"E" - Main Entry) 16. The right-of-way width shall be 72 feet wide to accommodate 5 foot wide sidewalks on both sides of the street and the 10 foot wide median islands. 17. Construct a 6 inch barrier curb, 5 feet both sides of centerline for the median island and a 6 inch curb and gutter 31 feet both sides of centerline from Belardo Road South to Lot "B", with 25 foot radius curb returns and spandrels at the intersection with Lot "B" and 35 foot radius curb returns and spandrels at the intersection with Belardo Road South per City of Palm Springs Standard Drawing No. 200. 18. Construct a 6 feet wide cross gutter at the intersection of Belardo Road South and Lot "E"with a flow line parallel with and 32 feet WEST of the centerline of Belardo Road South in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 15 19. See Condition No. 41 for gated entrance requirements. 20. Construct a minimum 5 foot wide sidewalk behind the curb along both sides of the street in accordance with City of Palm Springs Standard Drawing No. 210. 21. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed gutter from Belardo Road South to Lot "B". The pavement section shall be designed, using"R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 22. Dedicate public sewer easements, with right of ingress and egress and maintenance access over all private streets. 23. Dedicate a 15 feet wide public sewer easement from the intersection of Lot "A" and Lot "D" to the northwest corner of the tract, with the entire easement located withing Lot 16 OR Lot 17. 24. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 25. Developer shall construct an 8 inch sewer main within BELARDO ROAD SOUTH, connecting to the existing sewer manhole at Ramon Road, and extending south from Ramon Road to the property, and across the entire BELARDO ROAD SOUTH frontage in accordance with the Master Plan of Sewers and the approved sanitary sewer main construction plans (3C-1-08 and 3C-1-20) on file in the Engineering Department. The plans may be revised to the satisfaction of the City Engineer to facilitate construction of on-site sewer mains. The Developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of construction costs for the sewer main extension from Ramon Road, not including sewer main construction adjacent to the project frontage, as properties connect to the extended sewer main in the future. Developer should contact the City Engineer for details relating to a sewer reimbursement agreement. 26. Developer shall construct an 8 inch sewer main 5 feet from the private street centerlines. Laterals shall be constructed to a location behind the curb for each lot.An 8 inch sewer main shall be constructed in the 15 foot wide easement across Lot 16 or Lot 17 from the manhole at the intersection of Lot"A" and Lot"D"to a manhole at the northwest corner of the tract. 27. All sewer mains constructed by the developer shall become part of the City sewer system and shall be televised by the developer prior to acceptance of said lines. 28. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. The existing sewer plan (3C-1-20 on file in the Engineering Department) shall be revised as required to facilitate the proposed tract map. 16 Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. ON-SITE 41. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum 50 foot setback to the access gate control mechanism B. Provide a turnaround after the mechanism for vehicles unable to enter the project C. Security gates shall have a minimum of 15 feet clear width in each direction. TRAFFIC 48. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right- of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the BELARDO ROAD SOUTH and ALL PRIVATE STREET frontages of the subject property. 49. Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 50. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation,"MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. PLANNING 8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 9. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 17 10. Drainage swales shall be provided adjacent to all curb and sidewalks- 3'wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal code prohibits nuisance water from entering the public streets, roadways or gutters. 15. The applicant shall construct right-of-way improvements to the Belardo Street Heritage Trail. This will include a colored concrete sidewalk with a light broom finish in C-11 Desert Tan color, with alternating squares of C-35 Santa Barbara Brown and Classic Oak Flagstone placed 22' on center. These improvements will also include street furniture such as benches. EXHIBIT"A" TO SUBDIVISION IMPROVEMENT AGREEMENT 18 ***ISSUED IN QUADRUPLICATE*** BOND: 827473S PREMIUM: $23,100.00 F TWO YEAR TERM CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Canyon Gate, LLC, a California Limited Liability Company By Palm Springs Canyon Gate, a California Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 17ec.:-ti4-&- 'I , 200Z , and identified as project Tract Map 30454, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. DEVELOPERS SURETY AND NOW, THEREFORE, we, the Principal and INDEMNITY COMPANY as surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of One Million one hundred fifty-five thousand twelve and 78/100 dollars ($1.155.012.78) lawful money of the United States, 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. The condition of this obligation is such that if the above bounded 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 and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become 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 anywise 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. Page 1 of 2 Faithful Performance Bond IT WITNESS WHEREOF, this instr ment has been duly executed by the principal and surety above named, on &e e � a- `/ , 20 6Z . Canyon Gate, LLC, a California Limited DEVELOPERS SURETY AND INDEMNITY COMPANY Liability Company Insurance Co. - !�.', — s'''!�� S. SMITH-BOWMAN arCc T Manager - Pri al Surety Attorney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -r_wr4rc-:c,E:F.ccc-e-.Er �S��.w��cc-:ei-.ryr-�r�r��rcrcrer��r-�r.��-Frc ree,�rc�ccr,�=r�;czeY-�r�,.�v I I� State of Californ' ( ss. County of / On before me, � �/pt r;{ Dale Na ana nleoron,eer(e s.°dare Doe olary P„bucl I5` personally appeared � �, h �i Name(s)of S,gnerts) ,S rsonally known to me ❑ proved to me on the basis of satisfactory 'S evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and I ( acknowledged to me that he/she/they executed 1' the same in his/her/their authorized 'I ( capacity(ies), and that by his/her/theirI signature(s) on the instrument the person(s), or 1 _ the entity upon behalf of which the person(s) '. ROSERTA DYER acted, executed the instrument. y Commission a 1363782 i m Notary Public-Cal'doirl £ WIT m nd and official al. Riverside Couril 1qy Comm.Expires Aug 2,2006 51snalare al Notary Pubic �I OPTIONAL ( ., Though the information below is not required by law,1t may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document, Document Date: Number of Pages:._ Signer(s) Other Than Named Above: F� Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ Generale ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator 111 ❑ Other: Signer Is Representing: 01990 Nellonal Notary Assaeletlon•9360 De Soto Ave,P.O.Sox 2402•Chia.l1h,CA91313-2402•wvrvt.nalionalnorary.org Pmtl 1 5907 Reorbor.Call Tall Free1-800 B766827 STATE OF CALIFORNIA SAN DIEGO SS. COUNTY OF pp JJJ On t"z`"V��I-'� (-� fore me, DANElTE JACOBS, NOTARY PUBLIC be PERSONALLY APPEARED S.SMITH-BOWMAN============_=___________________________________________ personally known to nze(or proved to me on the basis of satisfactory evidence) to be the person(\)whose nanze(e)isktre•subscribed to the within instrument and aclazowledged to me thatIMshe/tlmy executed the same in*isA2edtheirnudwr ized capacity(-i-3-,and that by hWl er6therr signature On the instrument the person, or the entity upon,behalf of which the person acted, executed the instrument. DANEITE JACOBS _ Commission#1351911 z Notary Puhlic-California � WITNESS my hand and official seal. z San Diego County oMyCoffyn.E3iresApr 16,2gf16 i Signature DANETTE JACOBS,NOTARY PUBLIC' This area•for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ;DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL " •� ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----- SIGNER(S) OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725.IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS, Ilia(except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally*** as their[rue and lawful Attorney(s)-in-Face,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Allorney(s)-in-Fact full power and authority to do and to Perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Altorney(s)-in-Facl,pursuanl to these presents,are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY gild INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of[lie Board,Ilse President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying(he attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undevakim�s and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be,and each of Them hereby is,authorized to al(est the execution orally such Power of Attorney; RESOLVED,FURTIIER,that the signahim,of such officers may be affixed to wv such Power of Allorney or to any cer(ific le relating(hereto by facsimile,and any such Power of Attorney of cer[ilic to hearing.such facsimile signatures shall be valid;aid Marling upon the corporation Wls so alfixed zinc]rn the tuttne Willi mspecl to any bond,undertaking or contract of suretyship to which it is allached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and tainted by their respective Secretary this W1 day of.Ianuurv,2002. By. y,AIJO... Opp AN Y O,c David H. Rhodes,Executive Vice President :•opP ORq f:,:y'o, �i PPOR O GO By ?: 1936o= w 1967 73 o = Waller A.Crowell. Secretary =��'••,/OW P fLac O ; *,,. STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On January S,2002,before me.Antonio Alvarado,personally appeared David H Rhodes and Walter A Crowell,personally known to me(or proved to me on (he basis of satisfactory evidence) to be Ilse persons whose names are subscribed to the within instrument and acknowled'ocd to me (hit[ they executed (he same in then authorized capacities,and(ha(by their signatures on the instrument(lie entity upon behalf of which the nersmis acted.execute(]the instrument WITNESS my hand and official seal ANTONIO ALVARADO COMM N 1300303 , m Notary Pu61ic-California d �� e ORANGE COUNTY Signature My Comm Expaes APR IL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has aot,bcen revoked, and oullermote, that the provisions of the resolutions of(he respective Boards of Directors of said corporations set forth in the Power of Allorney:are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 4114__day of DECEIoER 2002 Y David G.Lane,Chief Operating Officer - - ID-1380(01/02) ***ISSUED IN QUADRUPLICATE*** BOND: 827473S PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, andCanyon Gate, LLC, a California Limited Liability Company By Palm Springs Canyon Gate, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated &cc Ike— q , 20.L2, and identified as project Tract Map 30454, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Five hundred seventy seven thousand five hundred six and 39/100 dollars ($577.506.39), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein 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 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. 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page 1 of 2 Labor and Materials Bond IT WITNESS WHEREOF, this in,s trument has been duly executed by the principal and surety above named, oneeem5 `I , 20 0,�Z. Canyon Gate, LLC, a California Limited DEVELOPERS SURETY AND INDEMNITY COMPANY Liability Company Insurance Co. .�------vim'"'" '`"�-•'ram/� ,, By: .r By: S. SMITH-BOWMAN r e Mana er Princip;l '' Surety y:c .' , Attorney-in-Fact (All Signatures shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C State of California County of On �— before me, Dale Name and T[Ia of Officer(e.g.,"Jane Doe,Nola ubhc") personally appeared ��,' Name(s)ol9lgner(a) I%31 @i I<:' �—�--_Tersonally known to me ((� ❑ proved to me on the basis of satisfactory �c evidence I`I C to be the persons) whose names) is/are ?; subscribed to the within Instrument and a� 21 acknowledged to me that he/she/they executed Jj I� I the same in hie/her/their authorized -�i rr �i capacity(ies), and that by his/her/their Gj signatures) on the instrument the person(s), or lj ROMRTA DYER �( the entity upon behalf of which the person(s) Commission#1363762 Z acted, executed the instrument. Ir� i Notary Pualfc-Califomia 7 �? Riverside County ?I SS and and official seal. My Caron.Expires Aug 2,2006 �11 [(/?, sr���• :�i ,A / Sgnalure of Notary Pubtm ip <S`I OPTIONAL :> Though the information below 1s 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. it 1 C Description of Attached Document Title or Type of Document: if i' Document Date: l �C Number of Pages: _ Signer(s)Other Than Named Above: t�hl al Capacity(ies) Claimed by Signer 7� IC9 •n Signer's Name: U )I I{ El Individual Top ofrnumbhere �t� 14C' ❑ Corporate Officer Tille(s): �» (" CI Partner—❑ Limited ❑General 3 ii- ❑ Attorney-in-Fact ❑ Trustee }' if ❑ Guardian or Conservator ' ISi ❑ Other: I' �; Signer Is Representing: C S.'� 01099 National Notary Association-9360 De Solo Ave,P0 Box 2402•Chatsworth,CA 910132402•was nahonalactifi or9� PmtlNo5907 Reorder Call mall Fred 1-BOU076-6027 STATE OF CALIFORNIA SAN DIEGO SS. COUNTY OF JJJ On CJ�..�i�J�'-' 10' t- , before nne, DANETTE JACOBS, NOTARY PUBLIC PERSONALLY APPEARED S. ------------ personally known to are(or proved to me on the basis of satisfactory evidence)to be the person)whose nanne�)islwt subscribed to the within instrument and acknowledged to nne that*&shelntzTexecuted the same indzisHnerYtheirauthorized capachy*ne and that by heAerfthefr' signature on the instntnnentthe personNS.), or the entity upon.behalf of which the person��)acted, executed the instrurnent. DANETTE JACOBS3519 CommissionaK1351g18 z WITNESS in),hand and o cial seal. YJotSa Diegblio -California � .� � San Dingo County My Comm.Fires Apr 16,2006 id Signature ���' 1 i /Al,/'�` y� DANETTE JACOBS,NOTARY PUBLIC Iy� This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ;DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL % ❑ CORPORATE OFFICER TITLE(S) TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _______________________________ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)0R ENTFT (IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally*** as their true and lawful AOorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behnll of said corporalions,as surelie.s,bonds,undertakings and contracts of suretyship giving and granting unto said Allorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection Ihenewilh as each of said corporations could do,but reserving to each of said corporations full power of subshlulion and revocation,and all of the acts of said Allorney(s)-in-Fact,pursuant to these presents,me hereby ratified and confirmed This Power of Attorney is granted and is .signed by facsimile under and by 2aihouty of Ilse fallowing resolutions adopted by Ilse respeclive Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.effecirve as of November I,2000. RESOLVED,that Ilse Chairman of the Board,the Piesdenl and any Vice President of the corpoialion be,and That each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts o'suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized la attest Ilse execution of any.such Power of Allorney; RESOLVED,FURTHER,that the signanues of such ofticerS may be affixed to any such Power of Attorney or to any certificate relalinu Thermo by facsimile,and any such Power of Allorney or certificate bearing such facsimile signatures shall be valid;aid binding upon the Orientation when so affixed,aid in the loran with respecl to any bond,undertaking of contract of suretyship to which it is attached IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have aevendly caused these presents to be signed by their respeclive Executive Vice President and allesled by their respective Secretary[his 8i"day of J;mu;mv.'_00' By David I-I.Rhodes,Executive Vice President ,.'JQ-��•""P p...... `6 O�PANy Op i q,i`pP Rqr:.Asti E- �G Op,POq,9 c F : TF ew, Z OCT.S � 0 Wallet A.Crowell, Secretary •.:ada,. 2 e'q FO NsP-a STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On January S,2002,belore me,Antonio Alvarado,personally appealed David H. Rhodes and Waller A.Crowell,personally known to me(or proved to me on Ilse basis of satisfactory evidence) to be Ilse persons whose names are subset abed to the within instrument and acknowledged to me Thal they executed the same in their authorized capacities,and that by Ilteir signaltncS on the instrument the entity upon behalf of which the aeranns scled.executed the inslnaneel WITNESS my hand and official seat ANTONIO ALVARADO p w COMM #1300303 f C� ' t eb Notary Public-California - s ORANGE COUNTY Signal°ie My Comm Expires APRIL 10,2005j CERTIFICATE The undeisigned,as Cltief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and Furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Allorney;-,ire in fmce,ii'of the dale of Ihrs Ceilificule This Certificate is executed in the City of Irvine,California,the 4TH day of DECE1IBER 2002 B -r Y David G.Lane,Chief Operating Officer ID-1380(01/02) BOND NUMBER: 827472S PREMIUM: $240.00/2 YR TERM EXECUTED IN QUADRUPLICATE CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Canyon Gate, LLC, a California Limited Liability Company By Palm Springs Canyon Gate, a California Limited Liability Company(hereinafter designated as"Principal')have entered into or are about to enter into, an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated Afce m �-e�- 1Y , 20122, and identified as Project Tract Map 30454, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and DEVELOPERS SURETY AND INDEMNIT)as OMPANY surety, are held and firmly bound unto the City of Palm Springs(hereinafter called"City"),and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Twelve Thousand and 001100 DOLLARS ($12.000.00), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,forthe payment ofwhich 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 setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein Page 1 of 2 stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. Asa 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 oraddition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety above named, on C7ecem�� �/ , 2002 Canyon Gate, LLC, a California Limited Liability Company Insurance Cc y. Y Mark � ple, Manager [¢, Princt6l@ Surety DEVELOPERS SURETY AND INDEMNITY COMPANY By: ' '�D�w' \'hUlCAI✓\; S. SMITH-BOWMAN, ATTORNEY IN FACT Attorney-in-Fact (All Signatures Shall Be Notarized) engVormsVai[hmon.bnd Page 2 of 2 • STATE OF CALIFORNIA I COUNTY OF SAN DIEGO SS. On 12-4-02 before me, D. KOHL, NOTARY PUBLIC PERSONALLY APPEARED S. SMITH—BOWMAN --------------------------------------- --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(i) whose name( is/ake subscribed to the within instruunent and acknowl- edged to me that Wshe/thaty executed the same in h/s/ her/thkir authorized capacity(i4s), and that by bls/her/ the'`ir signature( on the instrument the person(, or the D. KOHL entity upon behalf of which the person( acted, executed o _n-' - t=, COMM. # 1216125 NOTARY PLBLIC•CALIFORNIA o the instrument. Ml SAN OIEGO COUNTY y '^D Comm EXPires April. 16,2003 WITNESS my hand and official seal. "I'll��,I Signature �� /4 ° "L-� This area far Official Notarial Seal OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. `CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUALS` , ❑ CORPORATE OFF16ER TITLE OR TYPE OF DOCUMENT TITLE(S) '�'-, ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT �"�. NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ,:�� / . ❑ OTHER: [SATE OF DOCUMENT SIGNER IS REPR ENTING: RENTT INAME OF PERS ES) _ SIGNER(S) OTHER THAN NAMED ABOVE ID-osl Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -��vr�yr'_��.t r_�Lrs��v�•c�������vc,�=c�.�rcecc,�c•.c:rcrcrcrcrcc.�=.ec>r.�c�cr�r l�1 �li State of California P. County of i —�� ss. i� On /a � �� before me, (' Dale erne and We o1016cer(e g.,"Jane Doe,No ry Public 1� personally appeared �� d 13 /Name(alolsi9naas( ' 1s�rsonally known to mei ❑ 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 executedi the same in his/her/their authorized capacity(ies), and that by his/her/their �kvaD s dater signatures) on the instrument the person(s), or i . RtYdERTADYE the entity upon behalf of which the person(s) rCommission$1363764 acted, executed the i ;wme- Notary Public-Calffomia 3 1 Z]]amycori RivarsidsCounty WITN and and official seal. xPirea Aug 2,2ON Signature of Notary Public R OPTIONAL ( Though the information below is not required bylaw,it mayprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttacheZoculpe 17 2; Title or Type of Document: Document Date: Z5�/0 2 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer 2' Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General `�� ❑ Attorney-in-Fact 'S ❑ Trustee � ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i �C7.`�L('�'�`e;LAG'�'�t;`�•c.�C:�'i,'�<�?�J'�(.? 'L`ti'�_C`.�T���c.`�`4�'=c"`'-_`ti-`"—c>Cc'��'�4_'F`TV�'Fc�a 61999 Naomi Dole,Auereen•9350 De Set.Ave.,P.O.Box 2402•Chat%vonh,CA 913132402•www nalionalnolary org Pad Na 5907 Reorde,Call Tool Free 1-800-8786827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE.CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kahl, jointly or severally*** as then true and lawful Anorney(s)-in-Pact,to make,execute,deliver and acknowledge,for and on behalf of said corporalions,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Aboniey(s)-m-Fact full power and aulltorny to do and to perform every act necessary, requisite or proper to be done in connection [herewith as each of said corporations could do,bur reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Anorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effeclive as of November I,2000 RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and than each of them hereby is,authorized to execute Powers of Attorney.qualifying the allorney(s)named in the Powers of Attorney to execute,on behalf of the corporalions,bonds,undertakings and contracts of suetyship; and that the Secretary or any Assistant Secretary of[he corporations be,and each of them hereby is,authorized[n allest the execution of any such Power of Almmrrey; RESOLVED,FURTHER,that the sigmnutes of such officers may be affixed to any such Power of Ar[orney or to:nty ccihfirne relating[her clo by 0msimile,and any Such POWei of Attorney of cernificme bearing such facsimile signatures shall be valid and binding upon the coiporalion when so alfixed;aid in the hduie with respect to any bond,undertaking of contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presems to be Signed by their respective Executive Vice President and attested by their respective Secretary this B'"day of J,ummy,2002 Ci� By. °``c.\V..AND,./41 , MPANyG David H Rhodes,Executive Vice President 3yJE`GORp ORgTFF�jti:' �GOOPPOgq CT By o: 1936 :'3 w0 019675 2�i 2 Wallet A.Crowell. Secrclay 'QPO.,/OW P,...1-�aae Z C9OFOI; �\ STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On January S,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A Crowell,personally known to me(or proved to are on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowleclged to me that they executed [he same in their authorized capacities,and that by their signomres on Ilse instrument the enlily upon behalf of which the nersnns ncted.exeaaed the instrumew WITNESS my hand and official seal. =N "ryPb LVARADO _ 1300303 `d/ -CaliforniaSignature COUNTYs APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has POI_been revoked, and Risher more, that the provisions of the resolutions of the respective Boards of Directors of said corporations Set forth in the Power of Aum ney,are in force.i-s of the dale of this Cm lifica[e. This Certificate is executed in the City of Irvine,California,the 4TJ1- -day of_DECEMBER 2002 Y David G.Lane,Chief Operating Officer - - - ID-1380(01/02) BOND NUMBER: 827473S PREMIUM: INCLUDED W/PERF BOND ISSUED IN QUADRUPLICATE 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 Canyon Gate, LLC, a California Limited Liability Company by Palm Springs Canyon Gate, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated A04?ce*. , 2M-Z, and identified as Project Tract Map 30454, 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 DEVELOPERS SURETY AND INDEMNITY ,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 thirty three thousand six hundred thirty and 701100 DOLLARS ($233.630.70), 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. Page 1 of 2 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 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. IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety above named, on &-ce M 4�- 7� , 2066., Canyon Gate, LLC, a California Limited Liability Company Insurance Co. ='„ ark Tern anager PrinCi Surety DEVELOPERS SURETY AND INDEMNITY COMPANY f S. SMITH=BOWMAN, ATTORNEY IN FACT Attorney-in-Fact (Notarize All Signatures) Page 2 of 2 STATE OF CALIFORNIA SS. COUNTY OP SAN DIEGO On 12-4-02 before me, D. KOHL, NOTARY PUBLIC PERSONALLY APPEARED S. SMITH—BOWMAN --------------------------------------- --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(i) whose name(¢) is/ake subscribed to the within instrument and acknowl- edged to me that &/she/Lhdy executed the same in h/s/ her/thkir authorized capacity(ds), and that by his/her/ thglir signature( on the instrument the person(, or the < D. KOHL entity upon behalf of which the person($) acted, executed o C the instrument. Nornav pcauc•CAUFGRNIA o "� SFlN alEGO COt1N7Y Comm ExpuesVApnl.76,2003� WITNESS my hand and official seal. Signature / � T This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. ~� CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL'"'�„ ❑ CORPORATE Oi F91GE�R y . TITLE OR TYPE OF DOCUMENT TITLE(S) '�- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: _ DATE OF DOCUMENT SIGNER IS REPRES` NE TING: NAME OF PERSON($y 66R ENT"(IES) Z SIGNER(S)OTHER THAN NAMED ABOVE —7 tD-aei Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �f`FcX_�,r'C>e�'.r.l'.c:C.c:.��.c_(rc:C`.c-�`.c�c'-5�C5�`�,c�K`.�C�-Y`.c�='�,�C`-<,�•Ch_SI�,�C.'.cC`�.�a"�.cC`-^.ice(` h'Y� f� I State of California as. County of // f hl I;y! On ��' before me, Z` Oale Name and The of Officer at g,"JaneD Ni Public) personally appeared i �t/�« Name(a).15i9ndrd) ��II _—Narsonally known to me ❑ proved to me on the basis of satisfactory ;h evidence I�; l to be the person(s) whose names) is/are subscribed to the within instrument and 'I acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their I signature(s) on the instrument the person(s), on the entity upon behalf of which the persons) RCGERTA OVER acted, executed the instrument. 15 Commission i 1363782 y, i Notary Public-California 'S WIT and official se Riverside County i MY Comm.Exp(res Aug 2,2006 81Cb re of Notary Pol:c 1 ) �1 OPTIONAL Ikq Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could preventI fraudulent removal and reattachment of this form to another document. Description of Attached Document j T Title or Type of Document: Document Date: of Pages: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name: _ �I ❑ Individual Top of thumb here51 rf ❑ Corporate Officer—Ttle(s): ❑ Partner—11Limited ❑General ❑ Attorney-in-Facts ❑ Trustee ❑ Guardian or Conservator �„s ❑ Other: S i�rrA111 I Signer is Representing: I ®191 Nandari Nolary Aecoaa,ion•9350 De Solo Ave.PC So,2402•Walswonp,CA913132402•mwwnalionalnclaOcrg Prod.No 5907 Reradd,Gett Td1111-633 B766827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,consulate and appoint ***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith-Bowman, D. Kohl, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behall of said corporalions,as sureties,bonds,undertakings and contracts Of suretyship giving and granting unto said Attorney(s)-in-Facl full power and 'authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Atlorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000. RESOLVED,that the Chairman of the Board,Ilse President and any Vice President of the corporation be,and that each of Them hereby is,authorized to execute Powers of Attorney,qualifying the allorney(.$) named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; 'and that the Secretary or any Assistant Secretary of die corporations be,and each of them hereby is,authorized to latest Ilse execution of any such Power of Attorney; RESOLVED,FURTHER.that the signatures of ouch officers may be affixed to any such Power of Allorney or to any certilicate reldtrng thereto by facsimile,and any such Power of Attorney or cerlilicate bearing such facsimile signatures shall be vdlid dnd binding upon the corporation when so al I xed and in the future with respect to any bond,undertaking of contract of suretyship to which it is allached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by Iheu iespecnve Secretary this 8i'day of J:munry,2001 k By. �—�_ ,.�,,'I ...../41., GOp ANVO.o David H.Rhodes,Executive Vice President ,yJ GORPOR ...... y- tiGOOPp OR•9To` CT `-o' 1936 00 w � 5 ss7 0 By "—ZOO '-�.+�`•.• ' C,a _ Wallet A.Crowell, Secretary -=�dp'....W P••*ar &IpnO; * N\ a ... STATE OFCALIFORNIA ) )SS, COUNTY OF ORANGE ) On January S,2002,before me,Antonio Alvarado,personally appeared David H Rhodes and Waller A Crowell, pcisonally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and dua by Iheir signatures on the instrument the entity upon behalf of which the oersmrs acted executed the instrument WITNESS my hand and official seal. ANTONIO ALVARADO p alby COMM #1300303 Notary CaliforniaORANGENGE CCOUNTY Sign;ame Comm Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,arc in oice'es-of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 4T1=I1' day of—_DEC MBE'R 2002 By Y4 ii� David G.Lane,Chief Operating Officer - - ID-13S0(01/02)